Loading...
HomeMy WebLinkAboutItem 3 - Staff Report - DRC 14-06; PCC 14-055CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date:02 /25/15 ITEM TITLE: Public Hearing: DRC -14 -06 /PCC -14 -055 Consideration of a Design Review Permit and a Conditional Use Permit to allow for the construction of an 114,760 square foot self - storage facility on a 1.55 -acre site located at 2380 Fenton Street. Applicant: Pacifica Companies. Resolutions DRC -14 -06 and PCC -14 -055 of the City of Chula Vista Planning Commission approving Design Review Permit DRC -14 -06 and Conditional Use Permit PCC -14 -055 for construction and operation of a self - storage facility at 2380 Fenton Street within the Eastlake Business Park. SUBMITTED BY: Jeff Steichen, Associate Planner REVIEWED BY: Kelly Broughton, Director of Development Services I L V 1J INTRODUCTION l The Applicant submitted a Design Review Permit and a Conditional Use Permit application to allow for a 114,760 square -foot self - storage facility on a 1.55 -acre parcel zoned Business Center Manufacturing Park (BC -1) within the Eastlake Business Park ( "Business Park "). The Applicant is also requesting a reduction to the number of parking spaces required for this use as well as an increase in the maximum height limit for certain architectural features. The 1.55 -acre parcel is located at the southwest corner of Fenton Street and Hale Place. The project site is comprised of one parcel within the Eastlake Business Park ( "Business Park "). (See Locator Map, Attachment 1). BACKGROUND The Eastlake I Sectional Planning Area (SPA) Plan was approved by the City Council on June 30, 1992. One of the areas covered in this SPA is the Eastlake Business Center planning area. Design Guidelines were also established for this area. The name of this planning area was later changed to Business Center I at the time the business center area was expanded eastward. The area of expansion is known as Business Center II. Together, they are commonly referred to as the Business Park. The subject parcel is the last vacant parcel to be developed within Eastlake Business Center I. Development of all land within the Eastlake I SPA is governed by the Eastlake II Planned Community (PC) District Regulations. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was adequately Planning Commission February 25, 2015 Item 3 - Page No. 2 covered in previously adopted Eastlake I Sectional Planning Area (SPA) Plan Final Environmental Impact Report (EIR 84 -01). Thus, no additional environmental review is required. RECOMMENDATION That the Planning Commission adopt Resolutions DRC -14 -06 and PCC -14 -055 approving the project based on the findings and subject to the requirements contained in those Resolutions. DISCUSSION Project Site Characteristics The project site is comprised of a 1.55 -acre parcel located within the Eastlake Business Center 1 planning area of the Business Park at the southwest corner of Fenton Street and Hale Place (Attachment 1- Locator Map). The rectangularly shaped project site was previously graded with the rest of the business park, and is currently vacant. The site is surrounded by both industrial uses and offices. General Plan, Zoning and Land Use The project site has an Office commercial (CO) General Plan Land Use Designation and is zoned as Business Center I (BC -1). The following table specifies the General Plan Land Use Designations, zoning and current land uses that surround the site: ANALYSIS Land Use Compatibility Zoning Business Center 1 (BC -1) Business Center 2 (BC -2) Business Center I (BC -1) Business Center 1 (BC -1) Business Center I (BC -1) Current Land Use Vacant Business Services / Industrial Business Services / Industrial Offices Offices The establishment of a self - storage facility in the BC -1 zone requires the approval of a Conditional Use Permit to ensure the use is compatible with surrounding uses. The self - storage facility is appropriate at the proposed location and is compatible with surrounding existing development in that it is located in close proximity to residential uses and will provide a service which meets the needs of the community by providing additional capacity for self - storage. The proposed use would be similar to other uses in the vicinity in that it will be designed with features which complement the architecture of the existing surrounding development. General Plan Site Office Commercial (CO) North Limited Industrial (IL) South Office Commercial (CO) East Office Commercial (CO) West Office Commercial (CO) ANALYSIS Land Use Compatibility Zoning Business Center 1 (BC -1) Business Center 2 (BC -2) Business Center I (BC -1) Business Center 1 (BC -1) Business Center I (BC -1) Current Land Use Vacant Business Services / Industrial Business Services / Industrial Offices Offices The establishment of a self - storage facility in the BC -1 zone requires the approval of a Conditional Use Permit to ensure the use is compatible with surrounding uses. The self - storage facility is appropriate at the proposed location and is compatible with surrounding existing development in that it is located in close proximity to residential uses and will provide a service which meets the needs of the community by providing additional capacity for self - storage. The proposed use would be similar to other uses in the vicinity in that it will be designed with features which complement the architecture of the existing surrounding development. Planning Commission February 25, 2015 Item 3 - Page No. 3 Compliance with Development Standards: BC -1 Development Standards Required for project Proposed for project Building Height: 35 feet or 2 stories 35 feet and 3 stories * (with exception of arch features up to 44 ft.) Setbacks Front Yard 20 feet Front Yard 20 feet Side Yard (Interior) 10 feet Side Yard (Int.) 10 feet Diagonal Corner 50 feet Diagonal Corner 50 feet Public Streets 20 feet Public Streets 20 feet Rear Yard 10 feet Rear Yard 10 feet Maximum Lot Coverage: 60% 55% Parking: Storage ** 1 space per 1,000 sq. ft. for ls` 20 K sq. ft. = 20 1 space per 2,000 sq. ft. for 2nd 20K sq. ft. = 10 1 space per 4,000 sq.ft. over 40 K= 18 Office Component: 1 space per 300 sq. ft. 5 Total parking spaces required ** 53 Total parking spaces provided = 26 * Due to the low traffic generation and parking requirements for such facilities, staff has recommended that an additional story be allowed subject to the same 35 ft. height restriction. The project complies with 35 ft. height limit with certain exceptions for architectural features described more fully in body of this report. * *The parking requirements noted apply to storage facilities in general and present the closest nominal standards in policy regulations to what is being proposed. However, as has been used with other mini - warehouse facilities in the past, a provision contained within the General Provisions of the Off - Street Parking Requirements (Section VIL1 (G) of PC District Regulations) indicates that for those uses which do not contain specific parking standards, such standards can be development by the approving body, subject to supporting information provided. This will be described in further detail in the "parking" section below. Building Height The maximum building height allowed per the Planned Community (PC) District Regulations is 35 feet. However, a provision contained within the property development standards allows the applicant to exceed the height limit up to a maximum of 60 feet, with Design Review approval. To qualify for consideration, the project must also be consistent with the SPA'S Design Guidelines. Planning Commission February 25, 2015 Item 3 - Page No. 4 Additional building height is being requested to add vertical articulation to the building, allow for visual relief and provide additional screening of rooftop equipment. The highest point of the structure would be 44 feet and is limited to only two points. The first is the section of the building directly above the office and the second is the section of the building at the corner of Fenton Street and Hale Place. The proposed building also includes other vertical accent features that are up to 40 feet in height. The remainder of the facility complies with the standard height restriction of 35 feet. Parking As noted in preceding Development Standards table footnote, the parking standards described in Section VIII of the Eastlake II PC District Regulations do not include a category for "self- storage facilities ". The only category that is similar is in name is the general category "storage ". Staff is of the opinion that the general category is more appropriately applied to uses such as storage warehouses or moving and storage firms. For reasons discussed, staff believes it is appropriate to apply the provisions of Subsection (G) of the Off - Street Parking General Provisions outlines in Section VIII.1 of the P.C. District Regulations which states: The parking requirement for uses not specifically listed in the matrix shall be determined by the approval body for the proposed use on the basis of requirements for similar uses, and on any traffic engineering and planning data that is appropriate to the establishment of a minimum requirement. At staff s request, the applicant provided an extensive parking survey which incorporates data from a number of jurisdictions. The survey shows that the amount of parking required for self - storage uses is far less in other jurisdictions than for other types of storage uses mentioned above. Many of the jurisdictions surveyed either had separate provisions for "self- storage" (versus general storage) or had similar provisions as contained in the PC District Regulations, whereby a separate set of parking provisions can be established for a distinct use arguably not listed. For those jurisdictions which do in fact have a separate category for "self- storage" facilities, the parking ratio required would result in a similar amount of parking spaces as the applicant is proposing for this project. In addition, according to the 2014 Self Storage Almanac, about 30% of renters only visit their units once a month, about 23% 3 -6 times a year, and about 15% fewer than 3 times a year. Only 5% of renters visit their unit more than once a week. This lower trip generation results in less parking demand on -site, as confirmed by the City's Traffic Engineer. Lastly, in 2009, the Design Review Committee (DRC) approved a large building expansion for an existing self - storage facility located in within the Business Park. The DRC found that additional parking spaces were not necessary, based on the same Off - Street parking provision described above. The applicant is proposing to include eight parking spaces in front of the office, with an additional eighteen spaces within the fenced off storage use area itself (for a total of twenty -six spaces provided). Based upon the above, staff recommends the DRC consider this to be an adequate amount of parking being provided for the project. Planning Commission February 25, 2015 Item 3 - Page No. 5 Architecture The following sections contain a staff analysis of various components of the proposed project. The design of the project was reviewed for conformity with both the Business Center I Design Guidelines, as well as the City -wide Design Manual (for which individuals citations are provided below in italics). Building, Fagade and Roof Articulation Heights and setbacks within the same building should be varied, and wall planes should be staggered both horizontally and vertically in order to create pockets of light and shadow and provide visual relief from monotonous, uninterrupted expanses of wall (CVDMp. IV -52) The design of this building has been carefully orchestrated to provide aesthetically pleasing finishes that prevent monotonous, uninterrupted expanses of walls. The building provides several vertical and horizontal articulations and design elements that create breaks in the building mass. Across the facade the building has several setbacks and awnings that cast shadows to create pockets of light and dark that complements the material and color selections. The change in materials across the facade help to further accent the jogs in the floor plan and create additional visual relief for the project. Additionally, the proposal utilizes varying heights at different locations on the project. The height changes are used to break up the massing of the building as well as emphasize the corners and main access points of the project. Materials /Colors Colors and materials should be consistent with the chosen architectural style and compatible with the character of surrounding development. Sensitive alteration of colors and materials can produce diversity and enhance architectural form (CVDMp. IV -52). Building materials and colors have been chosen that complement the existing buildings in the vicinity as well as create an aesthetically pleasing facade. Because the neighboring properties do not exhibit a single architectural theme, materials and colors were selected by utilizing those found in several properties throughout the business park and nearby retail center. The resultant materials and colors selected for this facility both complement the existing buildings in the area as well as create a visually appealing facade with setbacks and material changes that provide visual interest and variation. For materials, the project primarily utilizes stucco, metal awnings, metal panels, glass storefront, and split face block. Metal awnings have been utilized for visual interest at the buildings entry ways to assist in guiding visitors to the office and main access points. The metal awnings also appear at additional locations on the exterior of the structure at varying heights to provide horizontal and vertical articulation to the structure and to prevent a monotony of long uninterrupted walls. Metal panels are also featured on the building at varying locations to help break -up the building's size while also introducing a durable, aesthetically appealing material to the project. Planning Commission February 25, 2015 Item 3 - Page No. 6 In an effort to further break -up the facade as well as compliment the neighboring office buildings, glass storefronts are proposed at several locations on the building. The use of glass not only offers relief from the solid building components, it also serves as a viewport to the business at hand by displaying the storage rental units. To further articulate the structure and provide variation in materials, a split faced block was chosen for its durability and resistance to the elements (including graffiti). The block will be comprised of two different colors that will create "banding" around the base of the building and assist in unifying the different elements of the building. These horizontal "bands" will also compliment the horizontal runs of the metal panel and display units located behind the glass. Landscaping/Screening For industrial uses, landscaping should be used to define areas by helping to focus on entrances to buildings, parking lots, loading areas, defining the edges of various land uses, providing transition between neighboring properties (buffering) and providing screening for parking, outdoor storage, loading, and equipment areas(CVDMp. IV -55). Screening has been provided along Fenton Street and Hale Place through the use of a proposed rhythm and spacing of both columnar and standard spreading trees. This pattern of trees both compliments the architectural style and massing while providing screening and softening of the building elevation. By balancing the openness needed for the display units and signage in front, with the framing and massing of trees and shrubs to blend the front facades into the rest of the landscape, a curb appeal has been created without the starkness of an urban plantless landscape. This approach to screening was utilized in order to provide a more human scale for pedestrians along the sidewalks, as well as visual relief from the multi -story elevation when viewed from afar. With the simple repetition of a loose pattern of foundation shrub plantings mixed with repeated similar groupings of trees, the architectural style has been enhanced while also screening and softening the expanse of the building elevation. DECISION -MAKER CONFLICTS: Staff has reviewed the property holdings of the Planning Commissioners 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 Planning Commissioner, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CONCLUSION: The project is consistent with the goals and policies of the General Plan and Eastlake II PC District Regulations with exceptions noted. Staff recommends the requested increase in height limit in order to provide for additional vertical articulation and roof equipment screening, and that the twenty -six parking spaces provided be considered adequate per the analysis provided in this staff report. Based on the preceding information in this report, staff recommends the Planning Commission adopt the Resolutions approving the proposed self - storage facility. Planning Commission February 25, 2015 Item 3 - Page No. 7 FISCAL IMPACT: The application fees and processing costs are paid for by the Applicant. ATTACHMENTS: 1. Locator Map 2 -A Planning Commission Resolution DRC -14 -06 2 -13 Planning Commission Resolution PCC -14 -055. 3. Disclosure Statement 4. Project Plans Prepared by: Jeff Steichen, Associate Planner, Planning Division LOCATOR MAP ATTACHMENT 1 Attachment 2A RESOLUTION NO. DRC -14 -06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING DESIGN REVIEW PERMIT DRC -14 -06 TO CONSTRUCT A 114,760 SQUARE FOOT SELF - STORAGE FACILITY ON A 1.55 -ACRE SITE LOCATED AT 2380 FENTON STREET. WHEREAS, on July 28, 2014, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Pacifica Companies LLC.( "Applicant "); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 114,760 square -foot self - storage warehouse facility, and associated office on approximately 1.55 acres ( "Project "); and WHEREAS, the area of land which is the subject of this Resolution is an existing vacant parcel located in the Eastlake Business Center ( "Project Site "); and WHEREAS, the design of the proposed project conforms to the applicable provisions of the Eastlake II PC District Regulations and with the City of Chula Vista Design Manual, with the exception of relatively minor height variations on portion of the building and a proposal to adopt parking standards specific to a "self- storage" use; and WHEREAS, Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was adequately covered in previously adopted Eastlake I Sectional Planning Area (SPA) Plan Environmental Impact Report (EIR 84 -01). No further environmental review or documentation is necessary; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely February 25, 2015, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. Resolution DRC 14 -06 February 25, 2015 Page -2- NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby makes the following findings: 1. That the proposed project is consistent with the development regulations contained in the Eastlake II Planned Community (PC) District Regulations. The site is zoned Business Center Manufacturing District (BC -1). The proposed self - storage facility requires a Conditional Use Permit and is consistent with the both the applicable development standards contained in the Eastlake I Design Manual as well as those described in sections IV and VIII of the Eastlake II PC District Regulations. A provision contained within these regulations allows for the applicant to request a height increase from the standard allowance of 35 feet to up to 60 feet, with Design Review approval. The Planning Commission has considered and accepts the proposed limited increase in building height (up to a maximum of forty -four feet) for architectural building features Another provision contained within these regulations allows for the establishment of parking standards for specific uses which are not listed. The Planning Commission has considered and accepts the twenty -six parking spaces proposed as adequate to serve the parking demand generated by the Project. 2. The design features of the proposed development are consistent with, and are a cost effective method of satisfying the Eastlake I Design Manual and the City of Chula Vista Design Manual and Landscape Manual. The Project will comply with the site plan and design objectives of the Eastlake I Design Manual and the City of Chula Vista Design Manual. Design elements and landscape details have been provided that will enhance site as well as the appearance of the proposed facility. These features have been reviewed for compliance with applicable codes and are consistent with, and are a cost - effective method of satisfying the Eastlake I and City of Chula Vista Design Manual and Landscape Manual. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Design Review Permit subject to the following conditions: The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Planning Division 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plans on file in the Development Services Department, the conditions contained herein, and CVMC Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, the applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1786. Resolution DRC 14 -06 February 25, 2015 Page -3- 3. Prior to the approval of any building permits, the colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Planning Commission on February 25, 2015. 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and /or wall plans and shall be reviewed and approved by the Development Services Director prior to the issuance of any building permit. Additionally, the project shall conform to Section 9.20.055 of the CVMC regarding graffiti control. 5. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 6. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and /or landscaping to the satisfaction of the Development Services Director. 7. All exterior lighting shall include shielding to remove any glare from adjacent residents or properties. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved to the satisfaction of the Development Services Director, prior to the issuance of any building permit. Land Development Division/Landscape Architecture Division 8. The Applicant shall be required to pay the follow Engineering Fees based on the final approved building plans for the project: a. Sewer Connection and Capacity Fee b. Traffic Signal Fee c. Public Facilities Development Impact Fees d. Eastern Transportation Development Impact Fees e. Other Engineering Fees as applicable per Master Fee Schedule 9. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Construction Permit 10. All streets or driveways within the complex shall be designated as private. 11. Prior to the approval of any building permit, the owner /applicant shall submit duplicate copies of all plans in digital format, such as (DXF) graphic file, on a CD or through e- Resolution DRC 14 -06 February 25, 2015 Page -4- 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 utility plan showing any and all proposed sewer or storm drain on site. 12. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 12.12.130 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. 13. The Applicant 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 15.04.. Developer shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements, including, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and Geotechnical /Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre - Development and Post - Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post - Development flows exceed Pre - Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. c. Drainage study shall also demonstrate that no property damage will occur during the 100 -year storm event. d. Drainage study shall show any offsite flows. e. All onsite drainage facilities shall be private. £ Any offsite work will require Letters of Permission from the property owner(s). 14. The Applicant shall provide 2 copies of the following technical reports with the 1St submittal of grading plans: a. Drainage study b. Water Quality Technical Report (WQTR) c. Geotechnical Report 15. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right of way, city easements or City owned Open Space Lots will require an encroachment permit. 16. The applicant shall demonstrate how proposed fire access road meets H -20 loading requirements or is designed for Traffic Index (T >I) of 5. 17. Site design shall include features to meet NPDES Municipal Permit Standards. These features shall maximize infiltration and minimize impervious land coverage while conveying storm water runoff. Resolution DRC 14 -06 February 25, 2015 Page -5- 18. A Water Quality Technical Report ( "WQTR ") and Drainage study shall be submitted along with a Site Plan showing that project can meet the City's Low Impact Development (LID), Source Control, treatment Control, and Hydromodification Control BMP Requirements. The WQTR shall include design features, such as bio- retention facilities, and other high - efficiency BMPs per Low Impact Development (LID) requirements under current City Standard Urban Stomwater Mitigation Plan (SUSMP) standards, the City's development Storm Water Manual, and as imposed by the current NPDES Municipal Permit adopted by the Regional Quality Control Board. LID principles must be incorporated into the project's design. The WQTR shall include Hydromodification calculations. For additional information, refer to the Chula Vista Development Storm Water Manual website. The County of San Diego Low Impact Development Manual provides assistance with the selection of various design features. The Manual is on the internet at the following web address: http: / /www.sdcplu,org/dplu /resource /docs /3- pdf /LID- Handbook.pdf. 19. Owner must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the project prior to issuance of any Grading or Building Permits, whichever occurs first. 20. Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit will be required prior to issuance of any Building Permits. The Improvement Plan shall include but not be limited to: i. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G -2, and G -7 along the project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. ii. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. iii. 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 existing conditions. iv. Install a Concrete bus pad and a bus shelter on Santa Diana Road. v. Relocation of existing utilities, as determined by the City Engineer. 21. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 22. Removal and replacement of existing pedestrian ramp on the corner of Fenton and Hale per City of Chula Vista Construction Standards CVCS -25. Current pedestrian ramp shall be replaced, if it does not meet the City of Chula Vista Design Standards /ADA Standards, or if existing pedestrian ramp is cracked or broken. 23. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to public sewer. Resolution DRC 14 -06 February 25, 2015 Page -6- 24. 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. 25. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. 26. Prior to Grading or Street Improvement Plan approval, the owner /applicant shall upload copies of the Street Improvement Plan, Grading Plan, and Site Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS section using the city's digital submittal file upload website at http: / /www.chulavistaca.gov /goto /GIS. The data upload site only accepts zip formatted files. 27. Any private facilities within Public right -of -way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 28. Sewer lateral and storm drain connections to existing public utilities. The Public works Operations Section will need to inspect any exiting 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. 29. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to public sewer. 30. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be under grounded in accordance with the Chula Vista Municipal Code Section. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. Fire Department 31. The Applicant shall apply for required building permits. Permits shall comply with applicable codes and requirements, including but not limited to: the current California edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential Code as adopted and amended by the State of California and the City of Chula Vista. II. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and CVMC Title 19. Resolution DRC 14 -06 February 25, 2015 Page -7- 2. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved landscape plan. 3. Approval of the Design Review Permit shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance. 4. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non - discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 5. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. III. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be signed and returned to the City's Development Services Department. Signature of Property Owner Signature of Applicant Date Date Resolution DRC 14 -06 February 25, 2015 Page -8- IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of February 2015, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo, Chair ATTEST: Pat Laughlin, Secretary Attachment 2B RESOLUTION NO. PCC -14 -055 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC -14 -055 FOR THE OPERATION OF A SELF - STORAGE FACILITY AT 2380 FENTON STREET, WITHIN THE EASTLAKE BUSINESS PARK. WHEREAS, on July 28, 2014, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Pacifica Companies LLC ( "Applicant "); and WHEREAS, the application requests approval of a Conditional Use Permit to allow the operation of a self - storage facility ( "Project "); and WHEREAS, the area of land, which is the subject of this Resolution, is an existing 1.55 - acre pad located within existing the Eastlake Business Park ( "Business Park ") at 2380 Fenton Street ( "Project Site ") owned by Pacifica Companies LLC. ( "Property Owner "); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act ( "CEQA ") and has determined that the proposed project was covered in previously adopted Eastlake I Sectional Planning Area (SPA) Plan Final Environmental Impact Report (EIR 84 -01). Thus no further environmental review or documentation is needed ; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Conditional Use Permit application, and notice of the hearing, together with it purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely February 25, 2015 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence and testimony presented at the public hearing with respect to the Project in this action.. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it finds that, in the exercise of its independent judgment, as set forth in the record of this proceeding, has reviewed the proposed project for compliance with the CEQA and finds that the proposed project was adequately covered in previously adopted Eastlake I Sectional Planning Area (SPA) Plan Final Environmental Impact Report (EIR 84 -01). BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista that it makes the following findings: Resolution PCC 14 -06 February 25, 2015 Page 2 That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The project site is a desirable location in that it is located in the Business Park and, at the same time, is within close proximity to residential uses. As a result, the proposed use will provide a service which meets the needs of the community by providing additional capacity for self - storage. While there are other similar types of facilities located within and near the Business Park, the Eastlake market as a whole is largely underserved. As a result, the proposed use will contribute to the general well -being of the neighborhood. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed self - storage facility is similar in operation to other business in the area and considered a low volume traffic generator, resulting in a negligible impact to the surrounding area in terms of traffic and circulation. The facility will be designed with features which complement the architecture of exiting surrounding development, with adequate on -site parking provided. That the proposed use will comply with the regulations and conditions specified in the code for such use. The zoning of the project site is Business Center Manufacturing District (BC -1) and is regulated by the Eastlake II PC Development Regulations. Development standards contained therein have either been met outright or, in the case of building height and parking, necessary findings were made to allow limited exceptions in terms of building height and parking. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, or the adopted plan of any government agency. This Conditional Use Permit (CUP) is in compliance with the General Plan and the Eastlake II PC District Regulations. The proposed CUP permits the operation of a self - storage facility which is included in the "storage and wholesale trade" category of land uses envisioned by the Business Center Manufacturing Park District (BC -1) zone and Office Commercial (CO) designation of the General Plan, and therefore will not affect the implementation of the General Plan. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Conditional Use Permit, PCC -14 -055 subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Development Services Department, prior to issuance of building permits, unless otherwise specified: Resolution PCC 14 -06 February 25, 2015 Page 3 Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plans on file in the Development Services Department, the conditions contained herein, and Title CVMC 19. 2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1786. 3. The hours of operation for the self - storage facility's office shall be Monday through Friday 8:00 a.m. to 6:00 p.m. and on Saturday /Sunday 9:00 a.m. to 5:00 p.m. Security gate access to the self - storage units shall be 6:00 a.m. to 10:00 p.m. daily. 4. The Zoning Administrator shall have the authority to approve modifications to the hours of operations in accordance with the Chula Vista Municipal Code regulations. 5. The Applicant shall be required to pay Engineering Fees based on the final approved building plans for the project: a. Sewer Connection and Capacity Fee b. Traffic Signal Fee c. Public Facilities Development Impact Fee d. Eastern Chula Vista Development Impact Fees e. Other Engineering Fees as applicable per Master Fee Schedule 6. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Construction Permit II. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 7. The conditions of approval for this Conditional Use Permit shall be the subject property at all times that the Conditional Use Permit is active for the subject project, and the existence of this approval with conditions shall be recorded with the title of the property. 8. Approval of the Conditional Use Permit shall not act as a waiver for 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 or as thereafter amended, provided such amendments may be legally applied. Resolution PCC 14 -06 February 25, 2015 Page 4 9. Applicant shall indemnify, protect, defend, and hold harmless the City, its Planning Commission members, officers, employees, agents and representatives, from and and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities ") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of the conditional use permit approval, (b) City's approval or issuance of any other permit or action, whether discretionary or non - discretionary, in connection with the use contemplated by the permit and (c) Applicant's installation and operation of the facility permitted. Applicant shall acknowledge their agreement to this provision by executing a copy of the conditional use permit, upon approval by the Planning Commission. Applicant's compliance with this provision is an express condition of the conditional use permit approval, and this provision shall be binding on any and all of Applicant's successors and assigns. 10. The conditions of approval for the Conditional Use Permit shall be applied to the subject property until such time approval is modified or revoked, and the existence of the approval with conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed Project, the Applicant /property owner shall provide the Planning Division with a recorded copy of said document. 11. The Planning Commission's approval of the Conditional Use Permit shall become void and ineffective if not utilized in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause the permit to be reviewed by the City for additional conditions or revocation. III EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and /or Applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners /Applicant's desire that the Project, and the corresponding application for building permits and /or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No. Resolution PCC 14 -06 February 25, 2015 Page 5 Signature of Property Owner Date Signature of Representative Date IV. GOVERNMENT CODE SECTION 66020(d)(1), 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 any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul 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 this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. V. 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. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or Resolution PCC 14 -06 February 25, 2015 Page 6 unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION adopts the resolution approving Conditional Use Permit, PCC -14 -055, in accordance with the findings and subject to the conditions contained in this resolution. Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of February, 2015, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo, Chair ATTEST: Patricia Laughlin, Secretary D e v e l o p m e n t S e r v i c e s D e p a r t m e n t k` Planning Division ( Development Processing CITY OF EHUTAUISra APPLICATION APPENDIX B Disclosure Statement Pursuant to City Council Policy 101 -01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interest, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). ,kGlfir A. (ss.1'QANllis _ ASi� IsiZ�f�i 2. If any person* Identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation /partnership) entity. 3. If any person* identified in section 1. above is a non- profit organization or trust, list the names of any person who is the director of the non - profit organization or the names of the trustee, beneficiary and trustor of the trust. 1J /h 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. S. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official ** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No _ X_ If yes, briefly describe the nature of the financial interest the official ** may have in this contract. s 4of9 EO"^ 276 Fourth Avenue I Chula Vista I California 91910 I (619) 691.5101 �o Hev 05.14 T'T A .CHMENT 3 3 C17Y OF, CHULA VISTA D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing APPLICATION APPENDIX B Disclosure Statement - Page 2 G.. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaignl.contrfbai<ion of'inorB than $�-50; - ittiirs tote past_ i t2) rriariths tv'.a current member of the City of C{iula Vistaount%1? yps X if yes which council memberl f' t�1 lilit3a,E ilti`rl`.� 1� l+.trc�u�t?:Se3 j 7. Has any person *identified in 1„ 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official ** of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) ::Yes -_ No X If yes, which official ** and what was the nature of the item provided? 8. Has any person *identified In 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official ** of the City of Chula Vista in the past (12) months? Yes No = If yes, which official" and the nature of the item provided ?, Date,-74y. ,..,.. ,: -.. Shia ite Conti=Zf (Applicant At- r c,t Print or type name of Contractor /Applicant * Person is identified as: any individual, firm, co- partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. * official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission or committee of the City, and City employee or staff members. to City staff for processing, and updated within one week prior to consideration by "legislative body. Last Updated: March 16, 2010 IM 5of9 276 Fourth Avenue Chula Vista !California I 91910 (619) 691.5101 i