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HomeMy WebLinkAboutDRC 2014-10DOC# 20150343778 Resolution No. DRC -14 -10 Jul 01, 2015 09:28 AM Recording requested OFFICIAL RECORDS by: Ernest J. Dronenburg, Jr., City of Chula. Vista SAN DIEGO COUNTY RECORDER After recording return FEES: $0.00 to: PAGES: 10 City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Liz Briggs Fee Exempt - Gov't Code 6103 This s ace for° Recorder's use only Resolution No. DRC -14 -10 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 TIME 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 WIIEREAS, 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, 4 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 Page 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. 1V. 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) 410 -05 and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. The Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ1795. PC Resolution DRC -14 -10 May 13, 2015 Page 3 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. PC Resolution DRC -14 -10 May 13, 2015 Page 4 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. £ 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: PC Resolution DRC -14 -10 May 13, 2015 Page 5 a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Westem 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 O $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.B, 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. PC Resolution DRC -14 -10 May 13, 2015 Page 6 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 44 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. 21 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 PC Resolutiott DRC -14 -10 May 13, 2015 Page 7 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 / Juan Pablo Mariscal Date ti Signature o roperty Owner/ Juan 6- is- IS Pablo Mariscal Date VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 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 PC Resolution DRC -14 -10 May 13, 2015 Page 8 determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this 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. Pres . to °by: :E Keloughton Director of Development Services Approved as to form by: Glen . Googins,' City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of May, 20153, by the following vote, to -wit: AYES: Anaya, Fragomeno, Nava, Gutierrez, Livag, Chair Calvo NOES- n/a ABSENT: Fuentes ABSTAIN: n/a AT - ST: Patricia Laughlin ,3 Secretary to the Planning Commission Planning Commission PALOMAR TROLLEYO CENTER u, Blvd. 1350 Industrial 6220711400 z IT A