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HomeMy WebLinkAboutItem 3 - Attachment 2 - Reso DRC 15-05RESOLUTION NO. DRC -15 -05 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC -15 -05 TO CONSTRUCT A MIXED USE PROJECT WITH THREE (3) DETACHED, THREE -STORY BUILDINGS TOTALING 118,678 SQUARE FEET, CONSISTING OF EIGHTY (80) CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP WITH OPEN PARKING, RECREATION AREA, AND ASSOCIATED OPEN SPACE AND 1,405 SQUARE FEET COMMERCIAL ON APPROXIMATELY 2.49 ACRES LOCATED AT 986 BROADWAY WHEREAS, on March 5, 2015, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Niki Properties, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a mixed use project with three (3) detached, three -story buildings totaling 118,678 square feet, consisting of eighty (80) condominium units for individual ownership with open parking, recreation area, and associated open space with 1,405 square feet of commercial tenant space on approximately 2.49 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 986 Broadway (Project Site); and WHEREAS, the Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines. Thus, no further environmental review is required; 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 August 26, 2015, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: 1. That the proposed Project is consistent with the development regulations of the Chula Vista Design Manual. Attachment 2 PC Resolution DRC 15 -05 August 25, 2015 Page 2 The Proposed site is designated Residential Multi - Family for the residential use and Central Commercial for the commercial portion of the Project. The proposed mixed -use is permitted within the Central Commercial zone and meets all of the development regulations as stipulated in the Chula Vista Design Manual as conditioned. 2. The proposed Project is consistent with the design and development standards of the Chula Vista Design Guidelines The Project is in compliance with the Chula Vista Design Guidelines and is consistent with the Chula Vista Municipal Code. The allowable density on the site is a total of 80 units. The Applicant is proposing to build a total of 80 units. Each unit either includes an open parking space located along the perimeter of the site or parking spaces located within the parking garage. Enhanced architectural details are proposed along the street elevations and the layout of the site provides for a pedestrian oriented design per the Chula Vista Design Guidelines. A total of 142 parking spaces are required for the residential units. The project proposes 142 spaces. A total of 8 parking spaces are required for the commercial use. The project proposes 8 parking spaces for the commercial use. The total building height is 37 -ft, whereas the maximum building height per the Residential Guidelines is 45 -ft. The lot area, floor area ratio, and setback requirements are subject to the Apartment Residential (R3) zone. The project meets the R3 zone requirements. The commercial use is regulated by the Central Commercial (CC) zone. The commercial use complies with the Chula Vista Design Guidelines by providing a pedestrian friendly environment, separate from the residential units to provide privacy, an outdoor seating area along Broadway, and a separate parking lot to successfully co -exist with the residential units. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, hereby approves the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Director of Development Services, or designee, 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 plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1812. 3. Prior to the approval of building permits, the colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Planning Commission on August 26, 2015. PC Resolution DRC 15 -05 August 26, 2015 Page 3 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved prior to the issuance of building permits. Additionally, the project shall conform to Section 9.20.055 of the Municipal Code 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. Such screening shall be architecturally integrated with the building design. 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. 7. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved prior to the issuance of the first building permit. 8. The Applicant shall obtain approval of a sign permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. Land Development Division/Landscape Architecture Division 9. The following fees may be adjusted based on the final Building Plans submitted a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Western Transportation Development Impact Fees (WTDIF) e. Other Engineering Fees as applicable per the Master Fee Schedule. 10. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: a. Grading Plans b. Street Improvement Plans c. Construction Permit d. Tentative Map and Final Map 11. Payment 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 Municipal Code section 17.10.100. The current PAD fee for West Chula Vista Projects is $10,251 for Single Family, $7,607 for Multi - Family, $4,798 for Mobile Home, and $4,385 for Hotel/Motel. The PAD fee is adjusted on an annual basis on October I based on the Engineer Construction Cost Index. The payment of the PAD fee amount in place at the PC Resolution DRC 15 -05 August 26, 2015 Page 4 time of the recording of the Final Map is required. The PAD fee for the project at this time is $60,856.00 (80 @ $7,607 /unit). Credit will be awarded for existing buildings on the site. 12. Prior to the approval of the building permit, the 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 utility plan showing any and all proposed sewer or storm drain on site. 13. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 12.12.120 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of drivers at the street intersections or driveways. 14. Proposed Fire Access Road(s) shall meet H -20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 15. The Applicant shall provide a circulation analysis demonstrating: a. Solid Waste Truck Movements. b. How cars can turn around when pulling out from the garage. C. Location of visitor parking. 16. 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. 17. The driveways within the Project shall be designated as private. 18. Prior to building permit issuance, the Applicant shall demonstrate compliance with the current California Plumbing Code, minimum sewer grade (2 %) from the farthest unit on the site to the sewer main. 19. 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. The Applicant 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, or designee. b. Drainage Study and Geotechnical /Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre- PC Resolution DRC 15 -05 August 26, 2015 Page 5 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. The Drainage Study shall also demonstrate that no property damage will occur during the 100 -year storm event. d. The Drainage Study shall show any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite work will require Letters of Permission from the affected property owner(s). 20. The Applicant shall provide 2 copies of the following technical reports with the I" submittal of grading plans: a. Drainage Study b. Water Quality Technical Report (WQTR) c. Geotechnical Report 21, The Applicant shall 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. 22. 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 Plans shall include but not be limited to: o 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, or designee. Sidewalk shall be designed and constructed with proper transitions to existing conditions. ❑ Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. ❑ Removal and replacement of existing driveway(s) meeting design standards as shown in the Chula Vista Construction Standard. Current Driveway(s) shall be replaced, if it does not meet the City of Chula Vista Design Standards/ American Disability Act (ADA) Standards, or if -existing driveway is cracked or broken. Dedication of right of way as needed in order for driveway to comply with ADA requirements. © Removal and replacement of existing pedestrian ramp on the corner of Broadway and Moss Street per Chula Vista Construction Standard 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. PC Resolution DRC 15 -05 August 26, 2015 Page 6 ❑ Relocation of a 100 -watt City standard street light per CVCS -6, 7, 9, & 11 at the Project property line along Broadway. The City Traffic Engineer shall approve street light location. ❑ Sewer lateral and storm drain connections to existing public utilities. The Public Works Operations Section will need to inspect any existing sewer laterals and connections that are to be used by the Project. Laterals and connections may need replacement as a result of this inspection. 23. 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. 24. 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. 25. Per City of Chula Vista Standard Drawing, Broadway is classified with a half -width right -of -way of 50 feet. The Developer shall be required to dedicate the necessary right- of-way to meet the 2 feet width from centerline to property line along Broadway prior to obtaining a Construction Permit for the Street Improvements or a Building Permit for the Project Site. Developer shall submit street dedication documents prepared by a Registered Civil Engineer or licensed Land Surveyor. 26. Prior to Parcel Map, Final Map, Grading or Street Improvement Plan approval, the owner /Applicant shall upload copies of the Street Improvement Plan, Grading Plan, Final Map and Site Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), 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.el-iulavistaca.v,ov/ oto /GIS. The data upload site only accepts zip formatted files. 27. Prior to issuance of the first building permit, the Applicant shall submit full landscape and irrigation plans for review and approval by the City's Landscape Architect. 28. Prior to issuance of the first building permit, the landscape, fences, and walls shall be designed in accordance with the sight distance requirements at the intersection of Moss and Broadway, as well as at the driveways. Landscape and structures must not exceed 30" in height in these locations. 29. Prior to issuance of the first building permit, the 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. The title sheet of the drawings shall include a signed statement from the landscape architect of work as follows: PC Resolution DRC 15 -05 August 26, 2015 Page 7 "1 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. 1 have prepared these plans in compliance with those regulations. I certify that the plan implements the regulations to provide efficient water use." Fire Department 30. 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. 31. For 47,230 square feet of Type VA construction, this project will require a fire flow of 4,000 gallons per minute for a 4 -hour duration at 20 p.s.i. 32. Based upon the required fire flow for Type VA construction type, a minimum of 4 fire hydrant(s) are /is required to serve this project. 33. Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the building, on site fire hydrants and mains shall be provided. 34. Fire Hydrants shall be located and spaced in accordance with California Fire Code. 35. 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. 36. Water supply data is 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. 37. Fire apparatus access roads shall be provided for every facility or building and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 38. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have an unobstructed vertical clearance of 13 feet 6 inches. PC Resolution DRC 15 -05 August 26, 2015 Page 8 39. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 40. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD standards. 41. 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. 42. Buildings shall be provided with two Knox appliances. • Provide a Knox Vault at the main entrance to the building • Provide a Knox Box at the Fire control Room 43. The building(s) shall be addressed in accordance with the following criteria: ® 0 — 50ft from the building to the face of the curb = 6- inches in height with a f- inch stroke • 51 — 150ft from the building to the face of the curb = 10- inches in height with a 1 112, -inch stroke 151ft from the building to the face of the curb = 16- inches in height with a 2 -inch stroke 44. This project is to be protected throughout by an approved automatic fire sprinkler system. 45. This project is to be protected throughout by an approved fire alarm system. Environmental Conservation Division 46. 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 will take to comply with the Municipal Code, including but not limited to Section 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The `Recycling and Solid Waste Management Plan" features should be identified on the building plans. 47. Prior to the issuance of the first building permit, the Applicant shall submit the required performance deposit fee. H. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: PC Resolution DRC 15 -05 August 26, 2015 Page 9 1, The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plans, and elevation plans on file in the Planning Division, the conditions contained herein, and Title 19. 2. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved landscape plan. 3. Approval of the Design 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 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. 111. GOVERNMENT CODE SECTION 66020(4)(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 timely follow 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. PC Resolution DRC 15 -05 August 26, 2015 Page 10 IV. 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 Date Printed Name of Property Owner Signature of Applicant Printed Name of Applicant V. CONSEQUENCE OF FAILURE OF CONDITIONS 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. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. 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, 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. PC Resolution DRC 15 -05 August 26, 2015 Page 11 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 26th day of August 2015, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo, Chair ATTEST: Patricia Laughlin, Secretary J:\ Planning\CarolinelDiscretionary Permits1986 Broadway \DRC -15 -05 PC Reso