HomeMy WebLinkAboutItem 2 - Staff Report - 795 Third Ave.CHULA VISTA
PLANNING
COMMISSION
F
AGENDA STATEMENT:
Item: 2
Meeting Date: 06-22-16
ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF ADDENDUM TO THE
URBAN CORE SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT
REPORT AND MITIGATION MONITORING AND REPORTING
PROGRAM FEIR 06 -01; DESIGN REVIEW PERMIT (URBAN CORE
DEVELOPMENT PERMIT) DR15 -0015 TO REDEVELOP THE SITE
AT 795 THIRD AVENUE WITH 71 RESIDENTIAL CONDOMINIUM
UNITS AND 616 SQUARE FEET OF COMMERCIAL SPACE; AND
TENTATIVE MAP PCS 15 -0006 TO CONSOLIDATE TWO LEGAL
LOTS INTO A RESIDENTIAL CONDOMINIUM LOT FOR
INDIVIDUAL OWNERSHIP
A) RESOLUTION DR15 -0015 OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA CONSIDERING AN ADDENDUM
TO URBAN CORE SPECIFIC PLAN FINAL ENVIRONMENTAL
IMPACT REPORT AND MITIGATION MONITORING AND
REPORTING PROGRAM FEIR 06 -01 AND APPROVING A DESIGN
REVIEW (URBAN CORE DEVELOPMENT) PERMIT DR15 -0015 TO
REDEVELOP THE SITE AT 795 THIRD AVENUE WITH 71
RESIDENTIAL CONDOMINIUM UNITS AND ASSOCIATED SITE
IMPROVEMENTS, SUBJECT TO THE CONDITIONS CONTAINED
HEREIN
B) RESOLUTION PCS15 -0006 OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM
TO URBAN CORE SPECIFIC PLAN FINAL ENVIRONMENTAL
IMPACT REPORT AND MITIGATION MONITORING AND
REPORTING PROGRAM FEIR 06 -01 AND APPROVING
TENTATIVE MAP PCS15 -006 TO CONSOLIDATE TWO PARCELS
INTO ONE CONDOMINIUM LOT FOR 71 RESIDENTIAL UNITS
AND ONE COMMERCIAL UNIT FOR INDIVIDUAL OWNERSHIP
ON 795 THIRD AVENUE, SUBJECT TO THE CONDITIONS
CONTAINED HEREIN
SUBMITTED BY: Miguel Z. Tapia, AICP, Senior Planner/Project Manager
REVIEWED BY: Kelly Broughton, Director of Development Services
Item -2- DR15 -0015; PCS15 -0006
June 22, 2016
Page No. 2
INTRODUCTION
Niki Properties, LLC (Applicant) has submitted applications for a Design Review Permit and a
Tentative Map for redevelopment of the 1.05 -acre site located at the northeast corner of Third
Avenue and K Street (Site) with a mixed use, multi - family residential /commercial project known
as Vista del Mar (Project). The Project Site is located within the CI Third Avenue South District
of the Urban Core Specific Plan area (see Attachment 1, Locator Map). The proposed Tentative
Map would consolidate the Site (currently composed of two legal lots per the 1911 Map) into
one condominium lot, which would allow the units to be sold individually. The Project has been
reviewed and evaluated by City staff and it is being presented to the Planning Commission for
consideration and recommended for approval. The rest of this report describes the subject Site
and Project, and provides an analysis of the Project's consistency with the General Plan and
Urban Core Specific Plan.
BACKGROUND
The Chula Vista 2005 General Plan designated the City's northwest area as the Urban Core,
which included the City's historic downtown and areas along H Street, Broadway and Third
Avenue as "focused areas of change" where more intensive development, revitalization and/or
redevelopment are proposed to occur. In order to effectively implement the vision and goals, the
General Plan required the preparation of a specific plan for the Urban Core area.
The Urban Core Specific Plan (UCSP) was subsequently prepared and adopted for the area in
2007. The UCSP follows the direction and vision provided in the City's General Plan and
establishes a more detailed vision, goals, objectives, policies, regulations and guidelines for
future development in this area. The UCSP area encompasses approximately 1,700 acres of the
traditional downtown area east of I -5, west of Del Mar Avenue, north of L Street, and south of C
Street. The UCSP area is divided into three distinct districts, including the Village District,
Urban Core District, and the Corridor District. Each of the sub - districts of the UCSP contains a
set of land use provisions, development regulations, and design guidelines that are intended to
encourage and facilitate infill /pedestrian scale development, mixed uses, urban amenities, transit
use, creative design, and the general revitalization of the UCSP. The Site for the proposed
Project is located within the C 1 Sub - district known as the Third Avenue South District.
City staff has reviewed the Vista del Mar Project and associated conceptual design plans and the
Tentative Map in the context of the 2005 General Plan goals and objectives (Attachment 2) and
the UCSP development standards /regulations and design guidelines of the Cl Third Avenue
South District (Attachment 3). The proposed Project complies with the development standards
of the UCSP related to building height and setbacks, parking, landscaping, and open space. In
some of these standards, such as parking, landscaping, and open space, the Project actually
exceeds the UCSP requirements. The Project is also consistent with UCSP design guidelines
related to site planning, building placement, orientation and architecture. In terms of the
Project's Floor Area Ratio (FAR), the Project proposes three Urban Amenities and requests an
Exception to the limits in FAR in order to increase the building FAR beyond the UCSP base
FAR.
PUBLIC PARTICIPATION
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June 22, 2016
Page No. 3
In response to the required Notice of Application mailed out to property owners /residents when
the Project application was received by City staff, several comments and questions from the
public were submitted to the City. Given the interest and concerns expressed by the public, two
neighborhood meetings were held by the Applicant and City staff on the proposed Project. The
first meeting was held on October 15, 2015 at Chula Vista High School and approximately 50
people attended the meeting. Most of the attendees expressed concerns about the Project as
indicated in the list of comments summarized and included below. Subsequent to the meeting
and based on comments received from the attendees, the Applicant revised the Project to address
questions, issues and concerns expressed. After the revised Project plans were submitted to the
City, a second meeting was held on December 16, 2015 at Hilltop Drive Elementary School, so
that the public could see and comment on the revisions made to the plans. Approximately 70
people attended this meeting. Even though the Project plans had been revised to address some
of the issues previously expressed, some of the meeting attendees who were opposed to the
Project again expressed concerns on some of the Project's elements, such as building height and
balconies, and the issue of having a building like this next to single - family residences (see below
for comments summarizing opposition to the Project). The attendees in support of the Project
highlighted the community benefits that the Project could have at this location (see below for
comments summarizing support of the Project).
Subsequent to the two meetings, City staff received a three-ring binder with approximately 100
letters from members of the public expressing their concerns on the Project. The issues and
concerns expressed at the two Neighborhood meetings and in the letters delivered to the City are
generally in regard to the subjects described below. City staffs response to these comments is
included in Attachment 4 of this report.
Opposition Summary
• Project should comply with UCSP as recommended by the citizens.
• Project is requesting too many deviations from the UCSP.
• Project is too tall and bulky for the adjacent Single - Family Residential (SFR)
neighborhood.
• Reduce building FAR.
• Residents will lose privacy as residents of the Project's upper floors will command a
direct view into the SFR's backyards and homes.
• New residents will take over street parking.
• Traffic will increase and create problems at the intersection of Third and K and
residential streets.
• Traffic exiting the parking structure will travel east on K Street through local streets to
reach freeways.
• Project construction will create dust and noise.
• Building will block sunlight and view of sunsets.
• Parking garage will attract homeless.
The comments expressed in favor of the proposed Project include the following:
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June 22, 2016
Page No. 4
Support Summary
• New housing is needed in the western part of Chula Vista; existing housing is in terrible
conditions and unsafe.
• Support project because western Chula Vista needs to change; currently difficult to find
somewhere to live and everything is so old.
• There are many people who cannot afford to buy a house.
• Parking is difficult everywhere, not just around Third and K.
• Project would serve as an upgrade to the area.
• Project will improve the neighborhood and make it more modern.
As indicated above, subsequent to the second meeting and after review of the revised Project
plans by City staff, the Applicant further revised the plans in an effort to comply with all the
development regulations and standards and to address the neighbors' concerns. The revisions to
the Project plans include the following:
• The building height and mass has been reduced by the removal of the fifth floor wing and
the reduction of the third floor wing along the K Street frontage.
• The number of residential units has been reduced from 80 to 71.
• The building's Floor Area Ratio has been reduced from 2.3 to 2.0.
• All the required parking (residential and commercial) has been provided on -site and
enclosed within the Project's garage. Fourteen additional parking spaces above the
required parking were provided; seven parking spaces will be designated as guest
parking.
• The balconies on the second and third floors closest to and facing the existing single
family residences have been removed and the balconies facing Church Avenue have been
recessed into the building wall.
• Landscaping along the property line and at the perimeter of the second floor terrace has
been increased to provide effective screening.
• The latest version of the Project is consistent with all the development standards and
regulations of the UCSP, except the FAR.
• The Project provides parking, usable open space and landscaping in excess of the UCSP
requirements.
• The Project provides a variety of benefits, including payment of infrastructure and
processing fees, and upgrades to public facilities (see Attachment 5).
• A traffic assessment and report were prepared that concluded that the Project will not
have any negative traffic impacts at the intersections or streets in the vicinity of the
Project. The intersections and streets will continue to operate at the same service levels
as today (see Attachment 6).
On April 15, 2016, City staff received a letter from Ms. Evelyn Heidelberg, a San Diego land use
attorney, on behalf of Mr. Earl Jerntz, a Chula Vista property owner, (Authors) with a series of
comments on the proposed Project. The letter contains a set of comments on various aspects of
the Project, including the proposed building's FAR, compliance with development regulations,
Item -2- DR15 -0015; PCS15 -0006
June 22, 2016
Page No. 5
consistency with design guidelines, and the applicability of CEQA provisions. City staff
reviewed the letter and prepared a memorandum to the Planning Commission responding to the
comments in the letter. The memorandum and the letter are included as Attachment 12 of this
report. The memorandum and letter were forwarded to Ms. Heidelberg and Mr. Jentz at the
same time as the report packet was sent out to the Planning Commission as part of the agenda
process.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed Project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed Project was
adequately covered in the previously adopted Urban Core Specific Plan Final Environmental
Impact Report and Mitigation Monitoring and Reporting Program FEIR 06 -01, certified by the
Chula Vista City Council in May 2007, The Development Services Director has further
determined that only minor technical changes or additions to this document are necessary and
that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for
the preparation of subsequent documents have occurred; therefore, the Development Services
Director has prepared an Addendum to UCSP FEIR 06 -01 (see Attachment 7).
RECOMMENDATION:
That the Planning Commission consider the Addendum to UCSP FEIR 06 -01, grant the
requested exception on FAR and approve the Design Review/Urban Core Development Permit
Resolution and the Tentative Map Resolution to develop the subject Site with the proposed
Project, subject to the conditions listed in the resolutions.
DISCUSSION:
Site Location and Characteristics:
The site for the proposed Project is located in the Cl Third Avenue South District of the UCSP.
This District consists of several blocks of Third Avenue frontage that are located between I and
L Streets (see Attachment 8). The District has an area of approximately 53 acres. It consists
primarily of professional offices north of J Street, and a mix of retail and professional office uses
south of J Street. Among these office and retail uses are six sites, that include, a residential
development mixed with commercial fronting on Third Avenue including one single - family
home, small and mid -size condominium complexes, and a senior housing complex that contains
75 residential units. Behind these frontage developments are single - family homes (east of Third
Avenue along Church Avenue) and multi - family complexes (west of Third Avenue).
The Site for the proposed Project consists of two assessor's parcels (573 -371 -2300 and 573 -371-
1200) with a total area of 45,738 square -feet (1.05 acres). The Site is currently occupied by three
buildings with a combined area of approximately 20,450 square -feet, which were built during the
1950's and 1960's, and are currently occupied by a martial arts gymnasium, an insurance office,
a botanical sales store, and a chiropractor's office; one of the buildings is currently vacant. The
existing structures would be demolished to allow construction of the proposed Project. The Site
Item -2- DR15 -0015; PCS ] 5 -0006
June 22, 2016
Page No. 6
is flat, has a rectangular/L- shape form, and fronts along Third Avenue, K Street and backs onto
Church Avenue. The Site is located in the fully urbanized area of the City that is part of the
Urban Core. The Site is surrounded by a variety of commercial retail, restaurant and office uses
along Third Avenue; across K Street from the Site is a Bank; and to the north and east across
Church Avenue are single - family homes (see table below with land use and zoning information
for more details).
Project Description
The Project consists of the redevelopment of the 45,738 square -foot property with a mixed -use, 3
to 5 -story (34 to 60 feet in height) structure, with 71 residential condominium units (1 and 2
bedrooms with an area between 736 sq. ft. and 1,200 sq. ft.), a 1,770 - square -foot residential
fitness center, 1,004- square -feet of lobby and elevator space, 2,572- square -feet of residential
lounge space, and 616 square -feet of commercial space (see proposed Project plans in
Attachment 9). The Project also includes the construction of 142 parking spaces (subterranean,
street level and enclosed), 17,646 square -feet of common and private open space, and
approximately 8,500 square -feet of landscaped space, as well as the associated access and
circulation areas. The use distribution within the building structure is as follows:
® Underground floor enclosed residential, commercial, and guest parking (74 spaces);
® First floor enclosed residential parking (68 spaces), residential fitness center,
lobby /elevators, residential lounge space, and commercial space which fronts on the
1,700 squared -foot public plaza at the Third and K corner; trash, recycling, and bulky
items deposit;
Second floor - 21 residential units and landscaped terrace;
® Third floor — 21 residential units;
® Fourth floor 17 residential units; and
® Fifth floor — 12 residential units.
Part of the proposed open space is in the form of balconies in all units and a large terrace on the
second floor of the building. The outside perimeter of the terrace contains planters with trees
and shrubs to screen the views from the structure to the neighboring residences. A six -foot high
concrete decorative wall will be constructed along the northern and eastern property edges of the
residential properties adjacent to the Project Site. A 10 tol3 -foot buffer inside the property line
will be landscaped with trees and shrubs. The Project will also include the excavation and export
of 9,750 cubic yards of soil during the grading phase for the development of below -grade
parking.
Project Architecture
The proposed Project architecture is contemporary and intends to provide a new urban face to
development within the C1 Corridor area, while maintaining an architectural design consistency
with the surrounding neighborhood styles. The main function of the Project at this important
corner of the Third Avenue District is to create a people activated, urban corner that contributes
to the City's goal of "Complete Streets" and enhances the public realm through improved
streetseape design and individual building character. (A complete street is a safe, accessible, and
convenient street for all users regardless of transportation mode, age, or physical ability.
Item -2- DR15 -0015; PCS15 -0006
June 22, 2016
Page No. 7
Complete streets adequately provide for bicyclists, pedestrians, transit riders, and motorists.
Complete streets promote healthy communities and reductions in traffic congestion by offering
viable alternatives to driving.)
The clean, contemporary lines of the building are a deliberate design direction. The proposed
materials have a finely grained texture. The sand finish plaster provides a predominately neutral
texture and color and will be juxtaposed by the randomly seamed pre- finished metal panel
cladding at the building comer element. The building mass is punctuated by recessed vertical
elements such as the stair and elevator tower, which are highlighted in an accent color and which
break up the roof line. Balconies are both recessed into and project out from the building wall
providing shadow and articulation to the building facade. The north wall on the property line
adjacent to the existing commercial building is a fire -rated wall on a zero lot line condition and
as such does not have window openings. The wall will be provided with visual relief and texture
by a recessed vertical slot with the plaster accent color, a proposed mural and reveal lines in the
plaster.
The street level of the building includes full height storefront windows with clear, non - reflective
glass. The base of the building is softened by raised planters. The planters and solid walls at
street level will be concrete with a textured finish. Building entries along Third Avenue and at
the corner plaza are marked by overhead marquees and signs. These, along with awnings over
storefront windows reduce the scale of the building to human scale. The enclosed garage at street
level is wrapped with resident amenity uses along Third Avenue to enliven the street elevation.
On K Street the garage will have openings of a similar size and distribution as the windows
above. These openings will be secured with a perforated metal screen.
Land. Use and Zonin;
The existing land uses and designations on and adjacent to the subject site are shown in the table
below.
Consistency with Development Standards
Gi neral'1'lan Des�gnafian
Zoning ";Desgnat�on
£xst�ng Uses
Mixed Use
C1 Corridor
Site
Gymnasium/ office /retail/vacant
Mid -Third Avenue District
Residential/Commercial
Mixed Use
Cl Corridor
Office BuildinglCocktail
North
Mid -Third Avenue District
Residential /Commercial
Lounge /Single- Family Homes
Fast
Residential Low - Medium
RI
Single - Family Homes
Mixed Use
Cl Corridor
South
Bank/Offices
Mid -Third Avenue District
Residential /Commercial
Mixed Use
Cl Corridor
West
Restaurant/Gas Station /Office
Mid -Third Avenue District
Retail Commercial
Consistency with Development Standards
Item -2- DR15 -0015; PCS15 -0006
.Tune 22, 2016
Page No. 8
As indicated previously, the site is located within the City's Urban Core Specific Plan Gl
Corridor, which allows the development of mixed use projects subject to compliance with
specified development standards in the Specific Plan and listed in the table below. Since the
Project site is adjacent to an R -1 (Single - Family) District, the Project must also comply with the
development standards of the Neighborhood Transitioning Combining District (NTCD). These
standards include setbacks from RI properties, building step backs, landscape materials, lighting,
screening, fencing, and building design. Following are the required development standards of
the Cl District and the proposed Project's development standards:
Development Standard
Cl District
Project Proposal
Building Height
60 ft. Max.
34 - 60 feet
Building Setbacks:
Front:
10 feet
10 Feet
North Side:
0 feet; 10 feet
0 Feet; 13 feet
South Side:
10 Feet
10 Feet
Rear (East):
10 Feet and 0 along street
10 Feet and 5 along
street
Building FAR:
Base: 1.0 (45,738 sq. ft.)
Base: 1.0
Incentive bonus: 0.5 (22,869 sq. ft.)
Incentive bonus: 0.5
Dev. Exception: Allowed w /findings
Dev. Exception: 0.5
(22,738 sq. ft.)
Parking Required:
128 spaces
142 spaces
Open Space Required
Not required by Cl District
17,646 sq, ft.
regulations.
Landscaping
15% Min (Landscape manual)
19% (8,500 sq. ft.)
Incentives and Amenities Zoning
In addition to the established development standards and design guidelines, the UCSP provides
other requirements and incentives to enhance the quality of life within the Urban Core by
encouraging pedestrian friendly design, amenities, beautification, sufficient parking, mixed -uses,
affordable housing, and access to public transit, parks, community facilities, and social services.
The Urban Amenities Table (Attachment 3) presents a wide variety of urban amenities either
required or desired in the Urban Core within the Cl District. The table describes whether these
amenities are required -by the USCP (or other regulations) or whether provision of these elements
will be encouraged through incentives. One of the incentives provided in the UCSP is an
increase in the building FAR, which is a zoning tool used to regulate building form and bulk.
The FAR is obtained by dividing the total enclosed building area (with the exception of garages
and parking structures and other elements) by the Site area. As indicated in the above table, the
UCSP permits a base FAR of 1.0, which is equivalent to 45,738 square -feet of building area. By
providing three qualifying amenities and applying the incentive provisions in Attachment 3, the
proposed Project may increase the permitted FAR to 1.5 (68,607 sq. ft.). The amenities provided
by the Project are:
All enclosed parking, plus more parking than required;
Public plaza with furniture and art; and
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Page No. 9
Project design and building features to achieve a LEED Gold certification.
Below are the specific numbers used to calculate the FAR and the corresponding areas that result
from the provision of the amenities.
• Project site area: 45,738 sq. ft.
• Total proposed project building area: 91,345 sq. ft.
• Proposed amenities and corresponding percentage increase in FAR are as follows:
• Enclosed parking —10% (4,574 sq, ft.)
• Public Plaza —10% (4,574 sq. ft.)
• LEED Gold Certification — 30% (13,721 sq. ft.)
Total allowed additional building area from proposed amenities — 22,869 sq. ft.
Development Exceptions
Additionally, the UCSP provides for and authorizes the Planning Commission to grant
exceptions to the land use and development regulations, in order to encourage and achieve
innovative design. The Project is requesting one exception to the FAR limit in the amount of 0.5
or 22,738 square -feet. Exceptions may be granted by the Planning Commission in cases where
all of the following findings are made:
1. The proposed development will not adversely affect the goals and objectives of the
Specific Plan and General Plan.
2. The proposed development will comply with all other regulations of the Specific Plan.
3. The proposed development, will incorporate one or more of the Urban Amenities
Incentives in section F - Urban Amenities Requirements and Incentives, of this chapter.
4. The exception or exceptions are appropriate for this location and will result in a better
design or greater public benefit than could be achieved through strict conformance with
the Specific Plan development regulations.
Evidence to support these findings are addressed and substantiated in the Analysis Section
below.
ANALYSIS:
As indicated previously in this report, the City Council adopted the UCSP to implement the
General Plan's vision for the development of mixed -use (residential /commercial), higher density,
pedestrian - oriented projects and a broad range of uses that serve the needs of adjacent residents,
promote neighborhood activity, and are compatible with adjacent neighborhoods. The adopted
UCSP contains more focused objectives and policies, as well as the required regulations and
development standards to review and evaluate development projects for consistency with the
General Plan's objectives and policies for the area. In addition, the UCSP provides incentives
and exceptions for projects that represent the siting of a variety of land uses in an urban
environment that is both pedestrian and environmentally sensitive, and provide a variety of
amenities that will increase the quality of life of the neighborhood. The proposed Vista del Mar
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June 22, 2016
Page No. 10
Project was reviewed and evaluated based on the General Plan objectives and policies and the
UCSP's regulations, development standards, and design guidelines contained in the Cl Third
Avenue South District. Following is an analysis of the Project based on the applicable policies
and standards of the UCSP.
T anti T Tse
The proposed Project is consistent with the vision, objectives and policies of the General Plan
and the regulations of the UCSP. The General Plan and the UCSP envision the Cl Third Avenue
South District as an area with a balanced mix of commercial and residential uses that contribute
to create a vibrant and attractive area. As stated in the UCSP,
"These regulations are intended to encourage and facilitate infill development,
mixed uses, pedestrian scale, urban amenities, transit use, creative design, and
the general revitalization of the Urban Core. "
The Project would redevelop the subj =t Site, which currently has buildings that were built in
the 1950's and are in need of replacement, with a residential and commercial Project. The
Project would provide multi - family housing in this area of Chula Vista and would bring families
and social and economic activity to the area. Those families would take advantage of and
support the commercial base along Third Avenue, which provides a variety of goods and
services in close proximity. More residents would contribute to create an active and vibrant
atmosphere along Third Avenue as envisioned by the General Plan and the UCSP. The proposed
public plaza at the corner of Third Avenue and K Street -with art and furniture will provide an
amenity that will activate the street and create opportunities for civic engagement. The wider
and furnished sidewalks along Third Avenue and K Street will contribute to activate the street
and create a pedestrian-safe and friendly environment. The proposed Project is also consistent
with the UCSP development regulations (see Table above) related to building height, building
setbacks and step backs, parking, open space and landscaping. As shown in the table above, the
Project meets all of the regulations of the specific plan and, in cases such as parking, usable open
space and landscaping, the Project exceeds the minimum required standards.
Floor Area Ratio
The UCSP allows an FAR of 1.0 by right. In order to achieve a higher FAR utilizing the
UCSP's incentives and exception to achieve innovative and creative design, the Project proposes
three amenities and requests an exception from the minimum allowed FAR.
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Page No. 11
FAR from Three Amenities
As indicated previously, the three amenities provided by the Project are listed below. This is
then followed by a brief description and analysis of each of the amenities.
o Parking -- 10% (4,574 sq. ft.)
o Public Plaza 10% (4,574 sq. ft.)
o LEED Gold Certification — 30% (13,721 sq. ft.)
® Parking — All the required parking is provided on -site and parking is enclosed within the
structure — This allows a 10% increase in FAR.
The proposed Project provides a total of 142 parking spaces, which are located in the
underground floor and the first floor of the parking garage. The UCSP requires a total of 127
parking spaces for the residential component and one parking space for the commercial
component, which brings the number of required spaces to 128. Of the remaining 14 spaces
7 will be designated as guest parking and the other 7 will be _designated for the building
residents. The additional 14 spaces represent approximately 10% of the total spaces required
by the UCSP. The parking amenity is seen as a positive addition to the Project because it
benefits the Project and the surrounding neighborhood by providing all the parking on -site
and enclosed, and by providing 14 spaces beyond those required by the UCSP. Providing all
the required parking on -site plus 14 additional spaces for guests and residents contributes to
minimize on- street parking demand.
® Outdoor Space — Plaza provided with art /furniture at corner of Third & K Street — This
allows a 10% increase in FAR.
One of the important features of the Project is the public Plaza located at the corner of Third
Avenue and K Street, next to the Project's commercial suite. The Plaza has an area of
approximately 1,700 square -feet and will be furnished with tables, chairs, and landscape
materials such as palm trees and shrubs. A central feature will be a water fountain or an
artistic sculpture. The Plaza is located outside the building and adjacent to the corner and
represents a valuable outdoor public space that is accessible to and can be used by the
building residents, customers of the commercial suite or by the general public. This feature
will offer a passive recreational space for people to congregate and interact, and create
neighborhood activity. The Plaza represents a public benefit and a positive addition to the
Project, which is considered an appropriate justification for the 10% increase in building
FAR.
LEED Gold Certification —Attachment 10 shows the proposed LEED Checklist— 30%
FAR.
The Project has been designed to incorporate architectural and construction features that
would qualify the Project to apply for and achieve Leadership in Energy and Environmental
Design (LEED) Gold Certification. LEED is a building certification program associated with
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June 22, 2016
Page No. 12
the US Green Building Council and the LEED program provides a means of verifying that a
building or a group of buildings were designed and built in a way that would improve energy
savings, water efficiency, indoor environmental quality, and CO2 emissions reduction.
LEED - certified buildings are resource efficient. They use less water and energy and reduce
greenhouse gas emissions. Projects pursuing LEER certification earn points across several
areas that address sustainability issues. Based on the number of points achieved, a project
then receives one of four LEED rating levels: Certified, Silver, Gold and Platinum.
The Project has been designed to include the following list of features from the LEED
Checklist (see Attachment 10) and seek Gold Certification from the US Green Building
Council:
o Location and Transportation
o Sustainable Sites
o Water Efficiency
o Energy and Atmosphere
o Materials and Resources
o Indoor Environmental Quality
o Innovation
o Regional Priority
Based on the UCSP Urban Amenities Table, this Certification would grant the Project the
incentive to increase the building FAR by 30 %. Attachment 11 contains the list of proposed
LEED items from the Applicant and a description of how the Project's features would meet
each of those items. Granting the 30% increase in building FAR is justifiable because the
certification will verify and insure that the Project has been designed and will be built in a
way that would improve energy savings, water efficiency, indoor environmental quality, and
CO2 emissions reduction. This will make the Project conform to the goals and objectives of
the General Plan and UCSP by developing a mixed -use (residential /commercial) Project that
is environmentally sensitive, saves resources, creates less waste and pollution, and
contributes to a healthier environment and community.
FAR Exception
As indicated previously, the Project is requesting one exception to the FAR limit of 1.0 in the
amount of 0.5 or 22,738 square -feet. The Development Exception section of the UCSP
authorizes the Planning Commission to grant exceptions to the land use and development
regulations (in this case FAR) if the required findings are made. Below are the required findings,
each followed by substantiating information:
1. The proposed development will not adversely affect the goals and objectives of the Specific
Plan and General Plan.
The goals and objectives of the General Plan and Specific Plan are not adversely affected by
the proposed 0.5 increase in FAR. On the contrary, the Project as proposed implements the
General Plan and Specific Plan by providing a mixed use residential /commercial use at the
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Page No. 13
Corner of Third Avenue and K Street. The intent of the General and Specific Plans is to
facilitate and encourage development and improvements that will help realize the
community's vision for the Urban Core area. The Urban Core and the Cl District are
envisioned to be vibrant, forward - thinking but respectful of its past and alive with thriving
businesses, attractive housing and entertainment, cultural and recreational activities. The
Urban Core Vision aims to create a uniquely identifiable Urban Core for Chula Vista that is
an economically vibrant, pedestrian-oriented and multi - purpose destination. The proposed
Project meets the goals and objectives because it brings improvements and community
benefits to an area of Third Avenue that is currently under - perforrning and not living up to
the stated vision of the Specific Plan. This project has the potential to spur additional
development along the Third Avenue corridor with additional community and economic
benefits. The proposed Project provides wide sidewalks and a public plaza that will create a
pedestrian - friendly environment and foster civic engagement in a multi - purpose
environment. The building mass and form allows the Project to have the number of
residential units and the associated parking; landscaping, recreational spaces and other
features that provide a multi - purpose environment and activities to meet the goals and
objectives of the General and Specific Plans.
2. The proposed development will comply with all other regulations of the Specific Plan.
As indicated in the Development Standards table above, the Project complies with all other
development standards and regulations of the Specific Plan. The building has a height that
varies from 34 feet along K Street and a height of 57 feet along Third Avenue (the building
parapets and elevator shaft achieve a beight-of 60 feet, which is the maximum permitted by
the UCSP). The Project provides all the required parking on -site and enclosed within the
building structures in the underground and first floor levels, and provides 14 additional
parking spaces for guests of the residents. Open space and Landscaped areas are also
provided in excess of the minimuin required.
The building form respects the properties in the adjacent R -1 Zone to the north and east of
the Site along Church Avenue by locating the second floor terrace and balconies as far away
as possible from the property lines, and provides heavy screening by landscaping the
perimeter of the structure. The 3 to 5 -story building structure was designed to place most of
the bulk and mass along Third Avenue and K Street, and as far as possible from the property
lines of the single - family homes. As required in the NTCD regulations the building also steps
back from the adjacent residential properties along Church Avenue, resulting in a reduced
building mass and height near the residential properties, as well as, distancing the Project as
much as possible from the residential properties.
The UCSP's Special Provisions for the NTCD indicate that "Building design shall be
cognizant of adjacent low density uses and avoid balconies overlooking rear yards." The
intent of this provision is not to do away with balconies but rather to address their potential
effects on privacy. The building design is cognizant of and sensitive to the adjacent
residential uses by distancing the structures from the adjacent property lines by as much as
49 to 59 feet. Also, dense and tall landscape materials have been provided along the east and
north perimeter to screen the homes from direct view of the balconies. While the NTCD
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Page No. 14
provisions indicate that balconies should be avoided, balconies are still an important design
and functional elements of the UCSP and the Project. In fact, the UCSP provisions for multi-
family projects encourage the use of balconies and other features to achieve quality building
design. One of those provisions is the following: "Three dimensional design features, such
as balconies and bays should be incorporated into the building design. Balconies serve to
provide building facade articulation and interest, and they serve to provide usable
open/recreational space. Building facade articulation and interest are important elements for
a project such as this one, which is part of an urban setting where the building architecture
intends to improve the face of Third Avenue and become a new architectural landmark.
Balconies are also important as a source of recreational space in an urban setting because
they provide recreational space on site. While balconies remain as part of the building
elevations, the design issues (particularly privacy) associated with them have been avoided
through the described Project features.
3. The proposed development will incorporate one or more of the Urban Amenities .Incentives
in Section F - Urban Amenities Requirements and Incentives, of this chapter.
The Project incorporates the three amenities listed above, which are: all required parking
(on -site and enclosed); public outdoor space in the form of plaza with art feature and
furniture; and LEED Gold Certification. Additionally, the Project includes other amenities
and community benefits as follows:
As indicated previously, the Project will provide fourteen parking spaces that exceed the
parking regulations and provide guest parking spaces within the- parking garage. The
proposed Project will provide a community landmark at the Site in the form of a public art
neural on the north facing wall of the building. The mural will not only serve as a piece of art
that will complement the building's architecture, it will also serve as a landmark that may be
used to identify this new building in this area of Third Avenue, since no other art pieces like
this exist now. Per the community input received at the Second Neighborhood Meeting, the
mural could reflect the history of Chula Vista or important historical events in the City's past
and looking towards the future.
The enhanced street improvements for the Project include a widened sidewalk along Third
and K Street, new paving, street trees in grates, and street furniture such as benches, trash
cans and planters. Additionally, this residential development will provide more options for
clean, safe, energy efficient and modern housing for the Chula Vista workforce. These 71
dwelling units will put more people on Third Avenue to support the small businesses located
there and to create a more pedestrian - friendly street atmosphere.
4. The exception or exceptions are appropriate for this location and will result in a better
design or greater public benefit than could be achieved through strict conformance with the
Specific Plan development regulations,
The additional FAR of 0.5 (33% above the allowed FAR) is appropriate for this location
because it would allow the Project to comply with the goals and objectives of the General
Plan and Specific Plan related to bringing a mixed use project with sufficient residential units
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Page No. 15
and community amenities to provide housing, activate the street and support the existing
commercial base. The Cl District is characterized by having mostly retail and office uses.
While there are about five properties in the District with residential uses, these properties
only represent about 4% of the total District area. General Plan policy calls for some
additional residential development within the Cl District to support the existing and fixture
commercial development. It has been estimated by staff that the appropriate residential
acreage that could potentially be developed within the District based on the General Plan
policy is approximately 40% of total area. That percentage would be translated into
approximately 21 acres. The proposed Project FAR of 2.0 (91,345 sq. ft.) represents
approximately 9.5% of the total potential residential capacity within the C1 District.
The Project's FAR of 2.0 is appropriate for an urban mixed use development and is in line
with development trends elsewhere in the Urban Core area. The maximum building height is
5 stories along the Third Avenue elevation (60' high as allowed by the C -1 zone) and 3
stories along the K Street elevation. This building configuration places the most mass and
bulk along the Third Avenue and K Street's elevations, away from the existing low density
residential. The Applicant has revised the Project and has taken measures to reduce the
building mass and addressed community concerns without reducing the viability of the
project. Furthermore, the form -based nature of the UCSP ensures that the proposed
development emphasize the importance of site design and building form (which last many
years) over numerical parameters such as FAR (which are likely to change over time through
periodic reviews and amendments to the UCSP as required by law, and based on changes to
the physical conditions of the Urban Core and changes in economic activity). The proposed
development creates a people activated, urban corner that - contributes to the city's goal of
"Complete Streets" and enhances the public realm through improved streetscape design and
individual building character.
Site Planning and Building Placement /Orientation /Building Architecture
In addition to the development standards and regulations listed in the Cl District, the UCSP also
contains a variety of design guidelines, the purpose of which is to guide the design and
development of projects pursuant to the objectives and policies of the General Plan and the
UCSP. The UCSP's design guidelines for the Cl District focus primarily on promoting quality
and diversity of new commercial and residential development and safe and efficient parking and
circulation. The proposed Project was analyzed based on the applicable design guidelines that
are stated in the next section of this report and are followed by a statement indicating how the
Project is consistent with each of the guidelines.
"Encourage new development that maintains a healthy interaction with the major
street and surrounding uses by minimizing harmful external effects and providing
strong transit, automobile, and pedestrian connections. "
The proposed Project is consistent with this guideline because it relates directly to the Third
Avenue and K Street frontages and strongly interacts with the commercial corridor. The Project
creates a people activated, urban corner that contributes to the City's goal of "Complete Streets."
The Project enhances the public realm by being placed next to the street, through direct access
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Page No. 16
onto the street, and by the improved streetscape design and individual building character. The
Project's placement of most of its mass and bulk next to the street and away from the adjacent
neighboring residences creates an appropriate separation that respects privacy and minimizes
shade, noise and other potential externalities. The Project also provides a strong connection with
the pedestrian, public transit and the automobile by its placement along Third Avenue and K
Street. The building is close (10 ft.) to the street and the uses on the first floor, such as the
residential fitness center, lobby and elevator space, residential lounge space, and commercial
space, relate to, and activate and connect effectively to the street. The future residents will also
have easy and quick access to Bus Route 929 on Third Avenue, which will connect them to other
Bus Routes and Trolley Stations. The vehicle entry into the garage on K Street is located away
from the intersection and provides access for residents, guest and commercial customers without
creating traffic issues on the street (see Traffic Letter Assessment - Attehment 6).
"New development in the Corridors District should consider the area's scale and
character and demonstrate sensitivity to surrounding uses by limiting building
massing, providing project amenities such as landscaping, seating, and plazas,
and screening parking and equipment areas.
Additional setback areas and upper floor setbacks are encouraged when
commercial and residential areas are adjacent to each other and employ
landscaping to screen parking lots fi om adjacent residential uses and streets. "
The building -structure has. been designed to incorporate large setbacks that create significant
distance from the neighboring properties and limit the potential intrusion into their backyards.
The fifth and fourth floors on the wing located along K Street have been removed and reduced,
respectively, to lower the mass and bulk and create more separation from the adjacent residences.
As such the building structure is closest to the Third Avenue and K Street frontage to create
more activity and vibrancy on the street thus promoting more pedestrian activity, as envisioned
by the General and Specific Plans. All parking is contained on -site and enclosed in the ground
and first floors of the building structure. The perimeter around the parking is heavily landscaped
by a combination of trees and shrubs on planters and on the ground in order to maximize
screening between the building and the adjacent residences. Also, the east and south perimeter
of the second floor terrace is fully landscaped to provide additional screening between the
building and the adjacent residences.
The building is sited, designed and treated such that the intensity of the building mass is in the
most appropriate location along the Third Avenue commercial corridor and as far away as
possible from the adjacent single family properties. By being next to the Third Avenue and K
Street commercial corridor, the Project creates a people activated, urban corner that contributes
to the city's goal of "Complete Streets" and enhances the public realm through improved
streetseape design and individual building character. By being located along the western and
southern areas of the site, the building structure minimizes the shade effect over the residences,
particularly during the winter solstice. The Project is sensitive to and responds to the nearby
residential neighborhood's concerns by stepping down the building mass and using balconies and
awnings to articulate the building facade and create more presence along the streets.
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Page No. 17
"Upper floor balconies, bays, and windows should be provided that overlook the
street, enliven the street elevation, and communicate the residential function of
the building. "
"Consideration should be given for privacy. relative to adjoining properties.
Orient buildings and decks to maximize views while preserving the privacy of the
surrounding neighbors. "
Balconies and windows are an integral part of the building structure. Balconies are an important
architectural element and their projection beyond the building wall is used to create articulation
and variety along the building walls. They are also an important functional element in that they
serve as recreational open space for the residents. The concerns of the neighbors related to views
from the balconies into their backyard and homes and a potential loss of privacy are addressed by
the Project by stepping down the building mass and distancing the structure from the residential
properties as much as possible. The balconies along the east building elevation are approximately
47 feet from the property line, while the balconies along the north elevation are approximately 58
feet from the property line. The second floor terrace is approximately 13 feet from the property
line, but along its perimeter is a 6 to 13 -foot planter that creates additional distance between
people on the terrace and the property line. This planter will have a variety of landscape
materials such as trees and shrubs to further screen the neighboring yards and homes from the
Project. The Project has been designed in response to the neighbors' concerns and to strike a
balance between the neighbors' respect for privacy and the Project's need to contain all the
elements of a well- organized and articulated building.
"The physical design of facades should utilize such techniques as: Break or
articulation of the facade; vertical and horizontal offsets to minimize large blank
walls and reduce building bulk; significant change in facade design; placement of
window and door openings; and position of awnings and canopies. "
The architecture of Vista del Mar is contemporary and it intends to provide a new urban face to
development in this part of Chula Vista. The project relates to its location on the Third Avenue
commercial corridor by creating a people activated urban corner that creates opportunity for
street activity and enhances the public realm through improved streetscape design and individual
building character. The building elevations are well articulated by a variety of elements. The
view of the building from the corner of Third and K shows the elevations that divide the building
into four smaller parts, a 5 -story portion with a plaster finish along Third, a 5-story corner
portion with different materials and sloped roof line, a 4 -story portion with plaster finish along K
and a 3 -story portion along Church with a more residential roofline with overhanging eaves at
the balconies.
The clean, contemporary lines of the building are a deliberate design direction. The materials
will have a finely grained texture. The sand finish plaster will provide a predominately neutral
texture and color and will be juxtaposed by the randomly seamed pre - finished metal panel
cladding at the building corner element. The building mass is punctuated by recessed vertical
elements such as the stair and elevator tower, which are highlighted in an accent color and which
break up the roof line. Balconies are both recessed into and project out from the building wall
Item -2- DRi 5 -0015; PCS 15 -0006
June 22, 2016
Page No. 18
providing shadow and articulation to the building facade. Windows are vertically oriented, full
height and are recessed in the building wall. The windows are distributed in an off -set pattern
within the plaster wall and in a regular pattern within the metal clad wall. The facade will be
enlivened by various window awning types including an L shaped sheet metal shroud and a
horizontal awning with diagonal support kickers.
Shade and Shadow
Residents to the north and east of the Project Site have expressed concerns regarding the
potential of the project to cast shadows on their properties, and block out sunlight for a
significant portion of time. The project plans include a shade and shadow study (Sheet A5.0 of
the plans in Attachment 9). This study looks at the best and worst case scenarios based upon
summer and winter solstice. The shade /shadow analysis examines summer and winter shading
conditions between Sunrise and Sunset for the 34 to 60 feet -high structure. It shows where shade
from the proposed structure falls over the neighboring' properties as the sun moves through the
sky from morning to evening. According to the shade /shadow analysis, no urban development
within the project vicinity would be permanently shaded. As can be seen on the winter shading
exhibit, shadowing during the winter months would create increased shading on the commercial
office immediately to the north and residential properties to the northeast of the structure.
During winter months, shadowing would occur in a northwest to northeast direction throughout
the day. During noon, the commercial office building and part of the first house would be shaded
on the worst case winter solstice exhibit. The most severe shading during the Winter Solstice
would occur during the evening. Shading would be less severe during all other times of the year.
The summer solstice exhibit (best case) shows very little shadowing cast onto adjoining
properties.
Tentative Map
A Tentative Map was prepared and submitted as part of the Project to establish a condominium
map that would allow the sale of the units, and establish individual condominium ownerships.
Additionally, the map will provide for the grading and development of the Site as shown on the
site and grading plans. Pursuant to Government Code Section 66473.5 (the Subdivision Map
Act), the Planning Commission must make the findings listed in the Tentative Map resolution
substantiating that the Tentative Map, as conditioned therein, is in conformance with the
elements of the City's General Plan.. The proposed Tentative Map has been reviewed for
consistency with the City of Chula Vista Subdivision Manual and staff has included the
necessary conditions that must be satisfied prior to issuance of a Final Map. The conditions are
described in detail in the Planning Commission resolution.
ClZ�7 (N71IM11101
Vista del Mar is the first mixed -use (commercial /residential) project within the C1 District that
is submitted to the City for approval since the UCSP was originally approved in 2007 (the first
approved and built project was the retail market at the corner of Third Avenue and J Street). As
such the Project represents the first opportunity in many years for development of a
residential /commercial project in this part of the City. The Project will provide new investment,
Item-2- DR15 -0015; PCS15 -0006
June 22, 2016
Page No. 19
modern housing facilities and site improvements that will contribute to revitalize and enhance
the Site and the neighborhood. The Project will provide new for -sale and affordable (7 units)
multi - family housing that will improve the housing mix and enhance residential opportunities in
the neighborhood. The Project's central location in the City and along one of the important
corridors will provide convenient access for residents to jobs, transportation, and a variety of
goods and services in close proximity.
The Site will be developed with a quality project that is consistent with the vision, objectives and
policies of the General Plan. The proposed project has been designed to meet the development
regulations and design guidelines of the UCSP. Regarding the building's FAR, the Project has
provided the three amenities previously described and analyzed, and it requests an exception to
the base FAR. The provided amenities and the exception allow the Project to provide all the
elements to represent a well rounded and well designed Project to meet the goals and objectives
of the General Plan and UCSP. The Project is well planned, incorporating the principals of
Smart Growth (mix of uses, compact building design, range of housing opportunities, walkable
neighborhoods, etc), "Complete Streets" (safe and accessible for all users, reduces traffic
congestion, connected to transit), and resource conservation. It is designed to respect and blend
with the community character, local history, and environment. The proposed Project will re-
activate the street and contribute to improve the neighborhood and create residential and business
activity in this part of the City. Based on the description and evaluation of the Project, the
findings made, and the conclusions above, staff recommends that the Planning Commission
approve the proposed Project subject to the conditions contained in the resolutions.
DECISION- 1IIAKER CONFLICTS
Staff has reviewed the property holdings of the Planning Commission members and has found no
property holdings within 500 feet of the boundaries of the property which is the subject of this
action. Consequently, this item does not present a disqualifying real property - related financial
conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for
purposes of the Political Reform Act (Cal. Gov't Code §87100, et seq.).
Staff is not independently aware, and has not been informed by any Planning Commission
member, of any other fact that may constitute a basis for a decision -maker conflict of interest in
this matter.
FISCAL IMPACT
The proposed project is a private development. The application fees and processing costs are
paid for by the Applicant.
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Page No. 20
Attachments
1. Locator Map
2. General Plan Mid -Third Avenue District Vision, Objectives, and Policies
3. UCSP Third Avenue South Cl District Regulations
4. Public Comments and Responses
5. List of Project Contributions
6. Traffic Letter Assessment
7. Addendum to FEIR -06 -01
8. C 1 District Map
9. Proposed Project Plans
10. Proposed Project LEED Features
11. Description of Proposed Project LEED Features
12. Comment Response Memorandum and Letter from Ms. Evelyn Heidelberg and Mr. Earl
Jentz
13. Design Review (UCSP Development) Permit Resolution
14. Tentative Map Resolution