HomeMy WebLinkAboutDR15-0003RESOLUTION NO. DR -15 -0003
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING DESIGN REVIEW PERMIT DR -15 -0003 TO
CONSTRUCT AN 87 UNIT MULTI FAMILY RESIDENTIAL PROJECT
ON A 4.35 ACRE PARCEL LOCATED AT 701 D STREET.
WHEREAS, on May 14, 2015, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by City Ventures
.( "Applicant "); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a 87 unit multi - family residential project on an approximately 4.35 acre site
( "Project" ) containing Assessor's Parcel Number 565- 290 -19 -00; and
WHEREAS, the area of land which is the subject of this Resolution is an existing
vacant parcel located in the urbanized area of Western Chula Vista ( "Project Site "); and
WHEREAS, the design of the proposed project conforms to the applicable provisions of
the City of Chula Vista Design Manual; and
WHEREAS, the Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In -Fill
Developmcn� Projects) of the State CEQA Guidelines, and therefore no fiuther environmental
review or determination 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 December
9, 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 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 Apartment Residential with Precise Plan Modifying District (R -3 -P) Zone.
The site is zoned Apartment Residential with a Precise Plan Modifying District (R -3 -P). The
proposed multi - family project is consistent with the applicable development standards
contained in the R -3 development regulations and other provisions contained in the CVMC.
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December 9, 2015
Therefore, the applicant is not requesting a precise plan. Section '19.28.060((A)(2) allows
for the applicant to request a building height of up to 45 feet and 3 and one half stories based
upon findings that the proposed structures are compatible with the site, as well as in scale
with structures on adjoining and surrounding properties in the area. The Planning
Commission has reviewed the Project and finds the proposed height compatible with adjacent
existing multi - family development to the north, and is suitable for the site in terms of bulk
and mass of the buildings proposed. In addition, Section 19.60.060 of the CVMC, allows for
minor architectural projections to encroach into the rear yard setback. The Planning
Commission concurs with the applicants request for minor encroachment and finds that said
encroachment will allow for additional building plane off -sets which enhance the overall
architectural style of the Project.
2. The design features of the proposed development are consistent with, and are a cost
effective method of satisfying the City of Chula Vista Design Manual and Landscape
Manual.
The Project will comply with the site plan and design objectives of the City of Chula Vista
Design Manual. Design elements and landscape details have been provided that will enhance
the site as well as the appearance of the proposed multi- family development. These features
have been reviewed for compliance with applicable codes and are consistent with, and a cost -
effective method of satisfying the 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:
I. The following shall be accomplished to the satisfaction of the City, prior to issuance of
building permits, unless otherwise specified:
Planning Division
a
1. The site shall be developed and maintained in accordance with the approved plans
stamped and dated December 9, 2015, 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 -1828.
Applicant shall submit building plans which specify colors and materials consistent with
the colors and materials shown on the site plan and materials board approved by the
Planning Commission on December 9, 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
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December 9, 2015
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 Director of Development Services.
{. 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 Director of Development Services.
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 Director of Development
Services prior to the issuance of any building permit.
8. The Applicant shall develop, submit and obtain approval of a "Recycling and Solid
Waste Management Plan" (PIan) by the City's Conservation Coordinator. The synopsis
of the plan shall be included in notes on the Building Plans. The plan shall demonstrate
those steps that the Applicant will take to comply with the CVMC, including but not
limited to Section 8.24 and 8.25, and meet the State mandate to divert 50% of the waste
generated by commercial, residential and industrial developments. The Applicant shall
contract with the City's franchise hauler throughout the construction and occupancy
phase of the Project. The Plan shall include a statement of how the Applicant will
implement and participate in the Recycling and Solid Waste Management Plan
requirements and how yard waste will be diverted. The proposed trash enclosures shall
be designed with City required screening standards.
9. An acoustical study must be conducted to determine that interior noise levels are in
compliance with City standards.
Land Development Division/Landscape Architecture Division
10. 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. Western Transportation Development Impact Fees
e. Other Engineering Fees as applicable per Master Fee Schedule
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11. 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. Street Improvement Plans
c. Tentative Parcel Map, and Final Parcel Map
12. Payment of Park Acquisition and Development (PAD) fee per dwelling unit is required
prior to the issuance of the first Building Permit in accordance with CVMC 17.10.100.
The current PAD fee for West Chula Vista Projects is $7,687 for Multi - Family, the PAD
fee is adjusted on an annual basis on October I based on the Engineer Construction Cost
Index. The payment of PAD fee amount in place at the time of the recording of the Final
Map is required. The PAD fee for the project at this time is $668,769 (87@ 7,687 /unit).
Credit will be awarded for existing buildings on the site.
13. 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.
14. Revise typical street(s) cross - sections in the Site Plan, to reflect existing and proposed
conditions. Show the proposed public improvements and dimensions from centerline to
curb, and from centerline to property line on the cross - sections.
15. Street or driveway within the complex shall be designated as private.
16. The Developer 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.
f. Any offsite work will require Letters of Permission from the property owner(s).
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17. The Applicant shall provide 2 copies of the following technical reports with the 1"
submittal of grading plans:
a. Drainage study
b. Water Quality Technical Report (WQTR)
c. Geotechnical Report
18. This project shall comply with all requirements of the Chula Vista Development Storm
Water Manual (Storm Water Manual) for both construction and post - construction phases
of the project.
19. A Revised Water Quality Technical Report ( "WQTR ") and Drainage study shall be
submitted in conjunction with the Site Plan showing that project can meet the City's Low
Impact Development (LID), Source Control, treatment Control, and Hydromodification
Control BMP Requirements for review and approval by the City Engineer. 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 Stormwater Mitigation Plan (SUSMP) standards, the City's development Storm.
Water Manual, and as unposed 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.
20. Development of this project shall comply with all the requirements of State Water
Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste
Discharge Requirements for Discharges of Storm Water Runoff Associated with
Construction Activity, and any subsequent re- issuances thereof. In accordance with said
Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program
Plan shall be developed and implemented concurrent with the commencement of grading
activities. The SWPPP shall specify construction structural and non - structural pollution
prevention measures.
21. A complete and accurate Notice-of-Intent (NOI) must be filed with the SWRCB. A copy
of the acknowledgement from the SWRCB that a NOI has been received for this project
shall be filed with the City of Chula Vista when received. Further, a copy of the
completed NOI from the SWRCB showing the Permit Number for this project shall be
filed with the City of Chula Vista when received.
22. Pursuant to the NPDES Municipal Permit, Order No. R9- 2013 -0001, new regulations will
come into effect on May 2015, which may impose additional requirements on
development projects that have not begun construction at that time.
23. Permanent storm water requirements, including site design, source control, treatment
control, and hydromodification control Best Management Practices (BMP's), all as
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shown in the approved WQTR, shall be incorporated into the project design, and shall be
shown on the plans. Provide sizing calculations and specifications for each BMP's. Any
structural and non - structural BMP requirements that cannot be shown graphically must
be either noted or stapled on the plans.
24. The trash enclosure area(s) shall be covered with a solid roof or awning to avoid
contamination of runoff. The site shall be graded in such a way as to prevent run -on into,
and run -off from, the trash enclosure area. The location of the trash enclosure area(s)
shall be shown on the plans.
25. All on -site storm drain inlets and catch basins shall be provided with permanent
stenciling and signage according to City of Chula Vista Standards to prohibit illegal
discharge to the storm drain system.
26. 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.
27. Improvement Plans in conformance with the City's Subdivision Manual and a
Construction Permit shall be submitted to the City Engineer for review and approval.
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. Removal and replacement of existing driveway(s) meeting design standards as
shown in Chula Vista Construction Standard CVCS -1A. Current Driveway(s)
shall be replaced, if it does not meet the City of Chula Vista Design
Standards /ADA Standards, or if existing driveway is cracked or broken.
Dedication of R/W as needed in order for driveway to comply with (American
Disability Act) ADA requirements.
iv. Removal and replacement of existing pedestrian ramp on the corner of Woodlawn
Avenue and "D" 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.
v. Relocation of a 100 (2) Watt city standard street light per CVCS -6, 7, 9, & 11 at
the project property line along Woodlawn Ave. The City Traffic Engineer shall
approve street light location. Street lights on a wooden poles need to be upgraded
to the latest standards with a concrete Poles.
vi. Installation of (1) driveway meeting design standards as shown in Chula Vista
standard detail CVCS -IA. Dedication of R/W as needed in order for driveway
to comply with American Disability Act ( ADA) requirements.
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December 9, 2015
vii. Installation of sewer manholes per SDRSD S -2 is required at the connection of
the 8" sewer lateral to the main public sewer line.
viii. Installation of (2) sewer laterals per SDRSD 5 -13.
ix. Utilities Trenching and Restoration per CVCS -3 & 4.
x. Installation of a 1000 -wattt city standards street light per CVCS -6, 7, 9, & 11 at
the project property line along (D) Street. The City Traffic Engineer shall
approve street light location.
xi. Sewer and lateral 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 new development. Laterals and
connections may need replacement as a result of this inspection.
xii. Installation of Proposed 8" PVC Sewer main along "D" Street.
28. A complete set of Signing and Striping Plans shall be included with the Street
Improvements Plans for review by Traffic Engineering.
29. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
30. Any improvements in the right- of-way beyond the project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
31. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Municipal Code.
32. 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 new development. Laterals and connections may need replacement
as a result of this inspection.
33. 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.
34. 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.
35. Prior to Improvement Plan or Building Permit approval, the Developer shall grant to the
City of Chula Vista a 5.5 -foot Landscape Buffer Easement along "D" Street per Chua
Vista Design Standards CVD -ST03 Class II Collector, and 5.5 -foot Landscape Buffer
Area Easement along Woodlawn Avenue per Chula vista Design Standards CVD -ST04
for Residential Street.
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December 9, 2015
36. A Tentative Parcel Map and Parcel Map will be required to create the 87 units -One
Parcel Condominium. The form and content of the Tentative Map (TPM) shall be in
accordance with the City of Chula Vista Subdivision Manual. The preparation of the PM
must be under the direct supervision of a Registered Civil Engineer. A Registered City
Engineer stamp must be included on the PM.
37. Prior to Parcel Map, 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 athttp : / /www.chulavistaca.gov/goto /GIS. The data upload
site only accepts zip formatted files.
38. Submit CC &R's as approved by the City Attorney to the City Engineer and Director of
Development Services Department for approval prior to approval of the Final Parcel
Map. Said CC &R's shall include the following:
a) Indemnification of City for private sewer spillage.
b) Listing of maintained private facilities.
C) The City's right but not the obligation to enforce CC &R's
d) Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage obligee have signed a written
petition.
e) Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
f) hmplement education and enforcement program to prevent the discharge of
pollutants from all on -site sources to the storm water conveyance system..
Said CC &R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the Final Parcel Map.
Fire and Building Departments
39. Applicant shall submit plans for approval by the Fire and Building Departments that
comply with applicable codes and requirements, including but not limited to: the 2013
edition of the California Building Code (CBC), Fire Code (CFC), Mechanical Code
(CMC), Plumbing Code (CPC), Residential Code and the 2013 California Green Energy
Building Standards, as adopted and amended by the State of California and the City of
Chula Vista.
40. 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.
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December 9, 2015
41. For 1,953 square feet of Type VB construction, this project will require a fire flow of
1000 gallons per minute for a 1 -hour duration at 20 p.s.i. This fire flow is based upon the
structures being designed as Townhomes in accordance with CA Residential Code
Section R302.2 `Townhouses' and all its sub - sections. This section allows each
townhouse to be considered as separate buildings due to the fire resistive requirements of
vertical walls between townhomes. If the City receives a building submittal for a design
that does not incorporate all of the required structural /fire resistive features for
townhomes, the fire flow will be changed back to the original requirement for one
building.
42. Based upon the required fire flow for Type VB construction type, a minimum. of 1 fire
hydrant is required to serve the project. Fire hydrant shall be located and spaced in
accordance with the California Fire Code, Appendix C (500 foot average spacing with a
maximum distance from any point along a fire access road not exceeding 300 feet).
43. 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 skull 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.
44. 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.
45. The project must be designed by an Architect or Engineer licensed by the State of
California. (California Business and Professional Code 5536.1,6735}
46. Building plans shall indicate how the project is providing MERV -13 or higher filters for
the HVAC system to the satisfaction of the Development Services Director.
11. 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.
2, The Applicant shall repair, replace, and maintain 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.
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December 9, 2015
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 19.14.500 of the
Municipal Code.
111. 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 Signature o. Property O ner
Signature of Applicant
Printed Signature of Applicant
IV. CONSEQUENCE OF FAILURE OF CONDITIONS
(-L A
D to
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.
PC Resolution DR15 -0003
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December 9, 2015
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.
Present d bT
iA
Kel B ughton
Director of Development Services
Approved as to form by:
cur i. ; ; W
Glen R, Qoogins
Cit`y-Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 91h day of December 2015, by the following vote, to -wit:
AYES: Ca1VU,
NOES: N/A
ABSENT: Ling,
ABSTAIN: N/ A
Fragomeno, Outlerrez
Anaya, Nava
ATTEST:
Patricia Laughlin, Secretaiy_-
Yolanda