HomeMy WebLinkAboutDRC 2015-05RESOLUTION 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 EIGHTTY (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.
PC Resolution DRC 15 -05
August 26, 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:
1. 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.
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August 26, 2015
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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.
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 1 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
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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.
14. 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-
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August 26, 2015
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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 ofsite 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 1St
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:
• 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.
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August 26, 2015
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o 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
hitp: / /www.chulavistaca.gov/ otg o/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 wails 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:
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August 26, 2015
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"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."
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.
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August 2 6, 2015
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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 — 15011 from the building to the face of the curb = 10- inches in height with a 1
1/z -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.
11. The following on -going conditions shall apply to the Project Site as long as it relies on
this approval:
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August 26, 2015
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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 PIanning
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.
III. 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 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.
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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 DeDa Intent.
Signature of Proh&ty Owner
Printed Name of Property Owner
Printed Name of Applicant
V. 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 tune, 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
Preserite ' by:
Kelly B- oughton
Director of Development Services
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
Anaya, Fragomeno, Gutierrez, Livag, Nava and Chair Calvo
nla
Fuentes
UP11
Yolanda COW, Chair
AT, . ST:
Patricia Laughlin, Secretary
,r