HomeMy WebLinkAboutItem 2 - Attachment 2 - Draft PC Reso DRC 14-10Attachment 2
PLANNING COMMISSION RESOLUTION NO. DRC -14 -10
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA APPROVING DESIGN
REVIEW PERMIT DRC- 14 -10, TO REDEVELOP THE SITE
AT 1350 INDUSTRIAL BOULEVARD WITH 42
RESIDENTIAL CONDOMINIUM UNITS AND
ASSOCIATED SITE IMPROVEMENTS, SUBJECT TO THE
CONDITIONS CONTAINED HEREIN
I. RECITALS
WHEREAS, the parcel of land that is the subject matter of this Resolution is depicted in
Exhibit "A," attached hereto and incorporated herein by this reference, and for the purpose of
general description consists of 2.67 acres located at 1350 Industrial Boulevard, as identified
in County Assessor Records as Assessor's Parcel Number (APN) 622 - 071 -14 -00 (the
"Project Site "); and
WHEREAS, on August 27, 2014 a duly verified applications requesting approval of a
Tentative Subdivision Map (PCS- 14 -02, Chula Vista Tract No. 14 -02), Design Review
(DRC- 14 -10), and Preliminary Environmental Review (PER -14 -004), were filed with the
City of Chula Vista Development Services Department by California Recover Fund, LLC
( "Applicant" and "Owner "); and
WHEREAS, said Applicant requests approval of Design Review Permit DRC -14 -10 to
construct 42 multi - family residential condominium units ranging in size from 3- bedrooms,
2,052 square feet, to 4 bedrooms, 2,208 square feet, with 2 car garages, 6 guest parking
spaces, and 0.79 acres of open space, including a 0.32 acre private recreational facility and a
0.47 acre passive open space lot containing disturbed wetlands (the "Project ") on said Project
Site; and
WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said 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 subject property, at
least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
Planning Commission on May 13, 2015 in the Council Chambers, 276 Fourth Avenue, at
6:00 p.m. to hear public testimony and staffs' presentation; the Planning Commission
reviewed and considered the application for the Tentative Map (PCS- 14 -02) and Design
Review (DRC- 14 -10).
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it does hereby find and determine as follows:
II. ENVIRONMENTAL REVIEW
That the Chula Vista Planning Commission, in the exercise of its independent judgment, as
PC Resolution DRC -14 -10
May 13, 2015
Paee 2
set forth in the record of its proceedings, considered the Preliminary Environmental Review
of the Project conducted by the Director of Development Services for compliance with the
California Environmental Quality Act (CEQA), and has determined that the Project was
covered previously in the Palomar Gateway District Specific Plan Program EIR (PEIR) 10-
05, adopted August 2013. As required by the PEIR, staff has prepared a Secondary Study.
Based on the environmental analysis contained within the Secondary Study, the proposed
action will not have any significant effect on the environment other than as identified in the
PEIR, and there is no additional information or data available regarding environmental
impacts identified in the PEIR. Therefore, a negative declaration, subsequent environmental
impact report, supplement to environmental impact report, or an addendum to environmental
impact report will not be prepared.
III. CONFORMANCE WITH CITY DESIGN MANUAL
That Design Review Permit DRC -14 -10 is in conformance with the City of Chula Vista
Design Manual and Landscape Manual.
A. Project Site is Improved with Project
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Design Review Permit DRC -14 -10 consisting of the approved Site
Plans, Floor Plans, Building Elevations, Roof Plans, and Concept Landscape Plans.
IV. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the Design Review Permit approval are approximately
proportional both to the nature and extent of impact created by the proposed Project. Unless
otherwise specified, all conditions and code requirements listed below shall be fully
completed by the Applicant, Owner or Successor -in- Interest to the satisfaction of the
Development Service's Director, or designee, prior to approval of the first Building Permit,
unless otherwise specified:
PLANNING DIVISION
1. The Applicant shall obtain approval of Tentative Subdivision Map CVT -14 -02 (PCS -14-
02) and a Final Subdivision Map for the Project prior to approval of building permits in
reliance on this Design Review Permit approval.
2. The Applicant shall implement, to the satisfaction of the Director of Development
Services and the City Engineer, the mitigation measures identified in the Palomar
Gateway District Specific Plan Program EIR (PEIR) #10 -05 and associated Mitigation
Monitoring and Reporting Program (MMRP) for the Project, within the timeframe
specified in the MMRP.
3. The Applicant shall pay in full any unpaid balance for the Project, including Deposit
Account No. DQ 1795.
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4. The Building Permit plans shall show that the Project has been designed to comply with
applicable requirements of CVMC 15.56.020 "Condominium Projects, Condominium
Conversions and Occupancy thereof."
5. No construction shall be permitted in the disturbed wetlands open space area unless
appropriate permits from the City of Chula Vista, State of California, and Federal wildlife
agencies have been approved.
6. Prior to approval and issuance of the first building permit, Applicant shall submit
complete landscape construction documents for approval demonstrating that the installed
landscape will comply with the City of Chula Vista Water Conservation Ordinance,
Chapter 20.12 of the Municipal Code. Landscape Plans shall be prepared by a registered
Landscape Architect and shall be consistent with the approved Concept Landscape Plan.
The title sheet of the drawings shall contain a signed statement from the landscape
architect of work as follows:
"I am familiar with and agree to comply with the requirements of the landscape
improvement plans as described in Chapter 20.12 of the City of Chula Vista
Municipal Code. I have prepared these plans in compliance with those
regulations. I certify that the plan implements the regulations to provide efficient
water use."
7. The driveway serving Building 1 shall be widened to 24 feet with a minimum backing
distance of 24 feet, as measured from garages and open parking.
8. The Applicant shall submit a detailed wall /fencing plan showing that all project walls and
fences comply with the Conceptual Landscape Plan for the Project and applicable City of
Chula Vista Municipal Code requirements, to the Director of Development Services for
approval prior to issuance of the first building permit. The plan shall include the
following details:
a. Plan shall indicate color, materials, height and location of freestanding walls,
retaining walls, and fences. Materials and color used shall be compatible and all
walls located in front, side and rear yards facing public or private streets or
pedestrian connections shall be constructed of a decorative masonry and /or
wrought iron material.
b. The wall plan shall also include details such as accurate dimensions, complete
cross - sections showing required walls, adjacent grading, landscaping areas, and
adjacent road/sidewalk/building improvements, as applicable.
c. The Applicant shall submit a cross - section of the maximum/minimum conditions
for all "combination walls," which include retaining and free standing walls, as
part of said wall plan.
d. The fence along the geo -grid wall separating the multi - family residential area and
active open space area from the disturbed wetlands shall be an open —rail view
fence, not to exceed 6 feet in height. A solid wall is not permitted.
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e. Remove the 42 -inch high guardrail from top of the retaining wall along the
northerly property line and provide a solid 42 -inch wood fence.
f. Remove the 42 -inch high guardrail from top of lower geogrid wall along the
northerly property line.
g. The gate at the driveway entrance will require review and approval of a building
permit by the City, and shall be designed to comply with applicable Ca. Building,
Electrical and Fire Code requirements.
9. A lighting plan shall be provided with the Building Permit submittal showing that
lighting of all parking lots, pedestrian walkways, recreational areas, building entries and
other public areas has been provided to the satisfaction of the Development Services
Director. The Plan shall comply with CVMC 19.78, the Unnecessary Light Ordinance.
10. If proposed Building Permits include exterior - mounted HVAC (Air Conditioning)
equipment, the Applicant shall submit a noise report demonstrating that noise levels
generated by the HVAC equipment at any adjacent residential property line would not
exceed the City's Noise Control Ordinance exterior noise standards of 50 dBA Leq
during hours of 10 pm to 7 am (weekdays) and 10 pm to 8 am (weekends); and 60 dBA
Leq during the hours of 7 am to 10 pm (weekdays) and 8 am to 10 pm (weekends). This
standard may be achieved by selection of equipment with low noise levels, or placement
of equipment in a way that maximizes the distance to the property lines and uses
buildings or other structures as noise barriers between equipment and property lines, or
providing noise reduction enclosures around the equipment.
BUILDING DIVISION
11. The Applicant shall apply for the required building permits to construct the Project and
any other improvements that require issuance of a building permit. Permits shall comply
with applicable codes and requirements, including but not limited to: the current 2013
California (Ca.) edition of Building Code (CBC), 2013 Ca. Mechanical Code, 2013 Ca.
Plumbing Code, 2013 Ca. Electrical Code, 2013 Ca. Fire Code (CFC), 2013 Energy
Code, and 2013 Green Building Code as adopted and amended by the State of California
and the City of Chula Vista.
12. The Project must be designed by an Architect or Engineer licensed by the State of
California (California Business and Professional Code 5536.1, 6735).
LAND DEVELOPMENT DIVISION:
13. Prior to issuance of any permit for the Project, the Applicant shall satisfy the applicable
conditions of approval and improvement requirements of the Tentative Map, Chula Vista
Tract 14 -02 (PCS- 14 -02).
14. The following fees are payable prior to issuance of Building Permits, based on the Final
Building Plans submitted:
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a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees (PFDIF)
d. Western Transportation Development Impact Fees (WTDIF)
15. The Applicant shall pay Park Acquisition and Development (PAD) Fees per dwelling unit
as 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 $7,607 for each Multi -
Family Residential dwelling. The PAD Fee is adjusted on an annual basis on October 1
based on the Engineer Construction Cost Index. The payment of the 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 $319,494 (42 @ $7,607 /unit).
DEPARTMENT OF PUBLIC WORKS /ENVIRONMENTAL SERVICES
16. Prior to issuance of the first Building Permit for the Project, the Applicant shall comply
with applicable provisions of CVMC Chapter 8.24 - Solid Waste and Litter, and Chapter
8.25 — Recycling, related to mixed - use /multi - family residential development projects, to
the satisfaction of the Department of Public Works, Environmental Services Division.
These requirements include, but are not limited to the following:
a. The Applicant shall contract with the City's franchise hauler throughout the
construction and occupancy phase of the Project.
b. The Applicant shall design the proposed trash enclosure(s) to comply with the
Recycling and Solid Waste standards for central collection bin services.
c. The Applicant shall comply with applicable provisions of the City's Construction
and Demolition Recycling Ordinance, including submittal of a Waste
Management Report and performance deposit per CVMC 8.25.095.13, to the
Environmental Services Division.
d. The Applicant shall relocate the bulky -item trash pickup area from the driveway
serving Building 1 to another location approved by the Development Services
Director and Public Works Environmental Services Division.
FIRE DEPARTMENT:
The Applicant shall submit and obtain approval of building permits showing compliance with
the following Fire Department requirements:
17. The Building Permit(s) shall comply with applicable codes and requirements, including
but not limited to: the current California edition of Building Code (CBC), Fire Code
(CFC), and Mechanical Code as adopted and amended by the State of California and the
City of Chula Vista.
18. For 15,749 square- feet of Type VA construction, the project shall be required to have a
fire flow of 2250 gallons per minute for a 2 -hour duration at 20 p.s.i.
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19. Based upon the required fire flow for Type VA construction type, a minimum of 2 fire
hydrant(s) are /is required to serve this project. Spacing requirements and comment #4
below may dictate more hydrants being required.
20. A fire service study shall be performed that includes a hydraulic water flow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The
Hazen Williams formula shall be used in the determination of these flows and pressures.
The analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
21. Water supply data shall be required to accompany an underground submittal. An official
water flow letter can be obtained from the respective water authority. The water flow
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the plan submittal.
No reductions in fire flow will be granted for buildings protected throughout by an
approved automatic fire sprinkler system.
22. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD
standards.
23. Fire apparatus access road obstruction: Automatic gates shall be provided with both an
Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to
operate the gate upon the loss of power.
24. Buildings shall be provided with Knox appliances. The Applicant shall provide a Knox
Box at the Fire control Room for each building.
25. This Project shall be protected throughout by an approved fire alarm system (fire
sprinkler monitoring).
26. This Project shall be protected throughout by an approved automatic fire sprinkler
system. Building design will dictate type of system (NFPA 13 or 13R)
SWEETWATER AUTHORITY
27. Applicant shall present written verification to the City Engineer from the Sweetwater
Authority that the subdivision will be provided adequate water service and long -term
water storage facilities.
V. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Section 66020(a) and failure to follow
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timely this procedure will bar any subsequent legal action to attack, set aside, void or annual
imposition. The right to protest the fees, dedications, reservations, or other exactions does
not apply to planning, zoning, grading, or other similar application processing fees or service
fees in connection with the project; and it does not apply to any fees, dedication, reservations,
or other exactions 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.
VI. 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 Recorder of the County of San Diego, at the sole
expense of the property owner and the Applicant, and a signed, stamped copy of this
recorded document shall be returned within ten days of recordation to the City Clerk. Failure
to record this document shall indicate the property owner and 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.
Signature of Applicant
Signature of Property Owner
VII. CONSEQUENCE OF FAILURE OF CONDITIONS
Date
Date
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.
VIII. 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 unenforceable, this
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resolution shall be deemed to be automatically revoked and of no further force and effect ab
initio.
BE IT FURTHER RESOLVED that the City of Chula Vista Planning Commission does
hereby approve the subject Design Review Permit (DRC- 14 -12) for 42 residential units for
individual ownership located at 1350 Industrial Avenue subject to the conditions of approval
contained herein.
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 13th day of May 2015, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yolanda Calvo, Chair
ATTEST:
Patricia Laughlin, Secretary
1350 Industrial Blvd. APN: 6220711400 EXHIBIT A