HomeMy WebLinkAboutItem 2 - Attch 14 - Draft PC Reso PCS 15-0006PLANNING COMMISSION RESOLUTION NO. PCS -15 -0006
RESOLUTION 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 SUBDIVISION MAP PCS15-
0006 TO COMBINE TWO PARCELS INTO ONE
CONDOMINIUM LOT FOR 71 RESIDENTIAL UNITS AND
ONE COMMERCIAL UNIT FOR INDIVIDUAL OWNERSHIP
AT 795 THIRD AVENUE, SUBJECT TO THE CONDITIONS
CONTAINED HEREIN
I. RECITALS
WHEREAS, the parcel of land which 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 1.05 acres located at 795 Third Avenue, as identified in
County Assessor Records as Assessor's Parcel Numbers (APN) 573- 371 -12 -00 and 573 -371-
23-00 (Project Site); and
WHEREAS, on June 18, 2015 duly verified applications for the Vista Del Mar Project
requesting approval of a Tentative Subdivision Map (PCS 15 -0006, Chula Vista Tract No.
15 -06), Design Review (DR15- 0015), and Preliminary Environmental Review (PER15-
0004), were filed with the City of Chula Vista Development Services Department by Niki
Properties, LLC ( "Applicant" and "Owner "); and
WHEREAS, said Applicant requests approval of a Tentative Map to subdivide 1.05
acres into a one -lot Condominium Subdivision, including 71 multi - family residential units, 1
616 square -foot commercial unit, 142 parking spaces and 17,646 square -feet of public,
common and private usable open space, (the "Project "); 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 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 June 22, 2016 in the Council Chambers, 276 Fourth Avenue, at
6:00 p.m, to hear public testimony and staffs' presentation; and considered the applications
for the Preliminary Environmental Review (PER15 -0004) and Tentative Map (PCS 15- 0006).
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it does hereby find and determine as follows:
Attachment 14
PC Resolution PCS15 -0006
June 22, 2016
Page 2
II, ENVIRONMENTAL REVIEW
That the Chula Vista Planning Commission, in the exercise of its independent judgment,
as 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 by the Urban Core Specific Plan (UCSP) Final Environmental Impact Report
and Mitigation Monitoring and Reporting Program FEIR- 06 -01, adopted by the Chula Vista
City Council in May 2007. The Development Services Director has determined that only
minor technical changes or additions to FEIR -06 -01 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.
That the Chula Vista Planning Commission, in the exercise of their independent review
and judgment as set forth in the record of its proceedings, considered the Addendum to UCSP
FEIR-06 -01 and Mitigation Monitoring and Reporting Program, in the form presented, which
has been prepared in accordance with requirements of the CEQA and the Environmental
Review Procedures of the City of Chula Vista and does hereby adopt the Addendum to UCSP
FEIR -06 -01,
Ill. DEVELOPMENT EXCEPTIONS
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
approximately 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.
FAR Exception Findings
BE IT FURTHER RESOLVED, that the Planning Commission hereby approves an
exception to the FAR limit of 1.0 in the amount of 0.5 or 22,738 square -feet based upon the
following Findings and substantiating facts thereto:
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June 22, 2016
Page 3
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 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 C1 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 which is currently under - performing 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 in the staff report, 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 height of 60 feet, which is the maximum
permitted by the UCSP). The building setbacks are within those required 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
minimum required.
The building form respects the properties in the adjacent R -1 Zone to the north and cast
of the Project 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.
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June 22, 2016
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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
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 Proj ect incorporates the following three amenities, are fully described in the staff
report: 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:
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 Project Site in the form of a public art mural 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
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June 22, 2016
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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 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 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 C1 District to support the existing and future 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 Cl 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. Furthen-nore, 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.
IV. WAIVER OF PUBLIC FACILITIES FINANCING PLAN
BE IT FURTHER RESOLVED, that pursuant to Chula Vista Municipal Code (CVMC)
19.09.050, the Planning Commission hereby finds that the requirement for a Public Facilities
Financing Plan is hereby waived because the Project is infill development located in a
developed portion of the City where adequate public facilities exist or will be provided
concurrent with development of the Project Site, therefore there are no public service, facility
or phasing needs that warrant the preparation of a Public Facilities Financing Plan.
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June 22, 2016
Page 6
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. BE IT FURTHER RESOLVED, that pursuant to Government Code Section 66473.5, the
Planning Commission hereby finds that the Tentative Subdivision Map, as conditioned
herein for the Project, is in conformance with the elements of the City's General Plan,
based on the following Findings and substantiating facts thereto:
1. Land Use and Circulation
The General Plan land use designation is the Mid -Third Avenue District, which
permits office, commercial and residential uses, and is also regulated by the Urban
Core Specific Plan (UCSP), which further refines and implements the General Plan.
The Project Site is designated the C1 Corridor Third Avenue South District by the
UCSP, which permits mixed commercial and multi - family residential uses pursuant
to the UCSP development standards. The Project would provide a mixed use
development of 71 multi— family residential units; and one 616 commercial unit, at a
FAR of 2.0. The UCSP contains provisions that permit an increase above the base
FAR of 1.0, if certain project amenities are provided. The Project has been designed
to comply with the requirements of the UCSP. Also, the Findings required for the
exception to increase the proposed FAR to 2.0 have been made and substantiated
herein.
The Project has direct frontage on K Street, which is a residential street that provides
access to Third Avenue, which is designated as a 4 -lane Class 1 Collector Street in
the General Plan. Third Avenue will be improved by the Applicant, in accordance
with the conditions of approval, to provide sidewalk and landscape improvements in
compliance with City design standards and requirements. Projects proposed for the
western Chula Vista area are also required to pay the Western Transportation
Development Impact Fee prior to Building Permit issuance, to pay their share of costs
associated with future road construction in the area.
2. Economic Development
The Project will provide 71 new, high - quality, energy - efficient multi - family homes
that will enhance the image and appearance of the neighborhood, help revitalize the
commercial businesses in the area, and create jobs related to the construction and the
use of the Project, that will benefit the local economy. The Project will provide new
rental and for -sale multi- family housing in a commercial area that will improve the
housing mix and enhance residential and commercial opportunities in the
neighborhood. The Project Site location near the intersection of Third Avenue and K
Street will provide convenient access for residents to nearby public transportation,
jobs, schools, and commercial services. The development of the site will also increase
the amount of property tax revenue to the City, The Project will be constructed using
green building and landscaping features that comply with the Cal Green Building
Standards. Thus, approval of the Project will help achieve the General Plan objectives
that seek to promote a variety of job and housing opportunities to improve the City's
jobs /housing balance, provide a diverse economic base, and encourage the growth of
small businesses.
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June 22, 2016
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3. Public Facilities and Services
The Project Site is located in the attendance area of the Rice Elementary School,
within the boundaries of the Chula Vista Elementary School District. The Project is
also within the attendance area of Chula Vista Middle School and Chula Vista High
School, within the Sweetwater Union High School District. Both school districts
responded that they would be able to accommodate the additional students generated
by the Project, and that the schools would not be adversely impacted by the approval
of the Project.
The Project Site is within the boundaries of the City of Chula Vista wastewater
services area. The existing sewer facility system includes an existing 4 -inch public
sewer main line located along the southwest property line of the Project Site. New 8
inch sewer laterals are proposed to service the Project. No adverse impacts to the
City's sewer system or City's sewer threshold standards will occur as a result of the
proposed Project.
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. The City Engineer and Fire Departments have reviewed the proposed
subdivision for conformance with City policies and have determined that the proposal
meets those standards. The proposed Project would not induce significant population
growth, as it is a mixed commercial /residential infill project and would not adversely
impact existing or proposed park and recreational facilities. The Project has been
conditioned to pay Park Acquisition and Development Fees prior to issuance of
Building Permits. Project construction will be required to comply with the 2014
California Green Building Standards, the Cal Green Building Standards and the 2013
California Energy Code. In addition, the Applicant will construct the Project to
comply with LEED Gold standards, and therefore energy - efficient multi- family
homes will be developed.
4. Housing
The Project will be granted FAR bonuses and exceptions specified herein and
therefore is consistent with the FAR and density prescribed within the UCSP C -1
Corridors District zoning, and will provide additional opportunities for high - quality,
market -rate multi - family residential home ownership in the southwestern portion of
the City. The Project Site is subject to the Balanced Communities — Affordable
Housing Program of the City's Housing Element. For all new residential projects
consisting of 50 or more dwelling units, 10% of the units shall be affordable to low
and moderate income households, with 5% for lower income and 5% for moderate
income. Pursuant to this program, the Project will be required to provide a total of 7
low and moderate affordable units, or pay an in -lieu fee.
5. Growth Management
The Project is in compliance with applicable Growth Management Element
requirements because it is an infill project that will be served by existing public
infrastructure. There are no public services, facilities, or phasing needs that warrant
the preparation of a Public Facilities Financing Plan.
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June 22, 2016
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6. Environmental
The Project includes multi - family homes with common and private usable open space
that exceeds the minimum common usable open space requirements of the UCSP.
The Project Site is currently developed with commercial structures that will be
demolished in accordance with applicable state and local laws to protect residents and
workers from exposure to hazardous materials. The Project will be conditioned to
minimize potential impacts to adjacent residents from noise and dust from
construction and grading activities, to the maximum extent feasible. The
Development Services Director has prepared an Addendum to the UCSP FEIR- 06 -01,
in compliance with the CEQA. Potential significant impacts to Landform/Aesthetics
(including visual character and light and glare effects), Air Quality, Hazards and
Hazardous Materials, Noise and Traffic will be mitigated upon completion of the
Mitigation Measures specified in the UCSP FEIR -06 -01 Mitigation Monitoring and
Reporting Program, which are required prior to issuance of the Final Map, Grading
Plan, or Building Permits for the Project. The Planning Commission finds that the
development of the site is consistent with the goals and policies of the City's
Conservation Element.
B. That pursuant to Government Code Section 66473.1, the configuration, orientation, and
topography of the Project Site allows for the optimum siting of buildings for natural and
passive heating and cooling opportunities, and the development of the Site will be subject
to Building Permit review pursuant to the 2013 California Building Code as amended and
updated, including Cal Green Building Standards, and the 2013 California Energy Code,
to ensure the maximum utilization of natural and passive heating and cooling
opportunities.
C. That pursuant to Government Code Section 66412.3, the Planning Commission has
considered the effect of this approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents of the City and the available
fiscal and environmental resources.
D. That the Project Site is physically suited for residential development. The Project
proposes to develop a level property that is developed with commercial structures, and is
located on Third Avenue, a Circulation Element road, at the intersection of K Street. The
Project design makes full utilization of the land, locates the building with convenient
access to Third Avenue, an on -site parking garage, and to on -site common recreational
amenities and open space areas. The Project Site is adjacent to commercial uses on the
north, south and west, and residential development on the east. The proposed Project
design takes advantage of the location and characteristics of the Project Site to provide a
mixed use building at height and scale that transitions from 34 feet, 3 stories adjacent to
lower density residential uses on the east, to 60 feet, 5 stories facing Third Avenue to the
west. The Project Site also has convenient access to the MTS bus route on Third Avenue.
As conditioned, the Project conforms to all standards established by the City for a mixed -
use commercial /multi- family residential development.
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June 22, 2016
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VI. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
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 Tentative Subdivision Map, Chula Vista Tract No. 12 -07, located
at 795 Third Avenue.
VIL SPECIAL CONDITIONS OF APPROVAL
A. The conditions imposed on the Tentative Map approval herein 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 Director of Development
Services, or designee's, satisfaction prior to approval of the Final Map, unless otherwise
specified:
GENERAL/ DEVELOPMENT SERVICES
1. The Project shall comply with the City of Chula Vista Standard Tentative Map
Conditions, described in Section 5 of the City Subdivision Manual, as approved and
amended from time to time, to the satisfaction of the Director of Development Services
and City Engineer.
2. Applicant shall pay in furl any unpaid balance for the Project, including Deposit Account
No. DQ3021.
3. The Applicant shall implement, to the satisfaction of the Director of Development
Services and the City Engineer, the mitigation measures identified in the Urban Core
Specific Plan (UCSP) Final Environmental Impact Report and Mitigation Monitoring and
Reporting Program FEIR- 06 -01for the Project, within the timeframe specified in the
MMRP.
4. The Final Map shall include an exhibit delineating the open space and improvements to
be maintained by the Applicant, Homeowner's Association or other entity, including the
public plaza, common open space areas, landscaping, and bio- retention areas, to the
satisfaction of the Director of Development Services and City Engineer.
5. Prior to issuance of the first Building Permit for the Project, the Applicant shall obtain
approval of Design Review Permit DR15 -0015 and construct the Project in compliance
with the approved Design Review plans and conditions of approval.
6. The City of Chula Vista General Plan Housing Element established Policy 5.1.1 (the
"Balanced Community Policy "), which requires the occupancy and affordability of ten
percent (10 %) of each housing development of 50 or more units for low and moderate -
income households, with at least one half of those units (5% of project total units) being
designated for low- income households (the "Affordable Housing Obligation "). In
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June 22, 2016
Page 10
satisfaction of the Balanced Community Policy, the Project Applicant shall execute an
Affordable Housing Agreement prior to the issuance of the first Building Pennit. Said
Affordable Housing Agreement shall be recorded in the Office of the San Diego County
Recorder over the entirety of the Project Site. The Affordable Housing Agreement shall
provide that 10% of the total number of qualified low income (5 %) and moderate housing
units (5 %), which equals a total of 7 low and moderate income units, shall be constructed
on site or pay the In lieu fee of $124,220 per unit. The trigger point to pay the in lieu fee
is determined by the City Manager and City Attorney or their designees.
LAND DEVELOMENT DIVISION /GENERAL COMMENTS AND FEES:
7. The following fees shall be payable prior to issuance of Building Permits, 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 .
8. Additional deposits or fees in accordance with the City Subdivision Manual, and Master
Fee Schedule shall be required for the submittal of the following items:
a. Grading Plans
b. Street Improvement Plans
c. Final Map
9. Payment of the Park Acquisition and Development (PAD) Fee per dwelling unit shall be
paid 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 each 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 $540,097 (71 @ $7,607 /unit).
ACCESS AND SITE PLAN:
10. All driveways shall conforrn to the City of Chula Vista's sight distance requirements in
accordance with Section 18.16.220 of the Municipal Code. Also, landscaping, street
furniture, or signs shall not obstruct the visibility of driver at the street intersections or
driveways.
11. Driveways shall be designated as private.
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June 22, 2016
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SEWER
12. Clearly show the existing and proposed sanitary sewer lines and how the site will connect
to the City's public sewage system. No sewer lines will be allowed to be located under
existing or proposed buildings. Indicate whether sewer lines are private or public.
GRADING AND DRAINAGE:
The following conditions shall be satisfied prior to approval of the Grading Plan for the
Project:
13. Depict and detail existing and proposed drainage to ensure adjacent properties are not
impacted.
14. Provide two updated copies of the following technical reports with the first submittal of
Grading Plans:
a. Drainage study
b. Water Quality Technical Report (WQTR)
c. Gcotechnical Report
15. Applicant must obtain a Land Development Permit prior to beginning any earthwork
activities at the Project Site and before issuance of Building Permits in accordance with
Municipal Code Title 15.05. 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.
b. Drainage Study and GeotechnicallSoils Investigations are required with the first
submittal of Grading Plans. The Drainage Study shall calculate the Pre -
Development and Post- Development flows and show how downstream properties
and storm drain facilities are impacted. Design shall incorporate detention of
storm water runoff if Post - Development flows exceed Pre - Development flows;
analysis shall include flows from 2 yr, 10 yr, and 50 yr. return frequency storms.
c. Drainage Study shall also demonstrate that no property damage will occur during
the 100 -year storm event.
d. All onsite drainage facilities shall be private.
e. Any off -site work will require Letters of Permission from the property owner(s).
STORM WATER MANAGEMENT:
The following conditions shall be satisfied prior to approval of the Grading Plan for the
Project:
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16, This Project shall comply with all requirements of the Chula Vista Development Storm
Water Manual (Storm Water Manual) for both construction and post - construction phases
of the Project. Prior to issuance of the first Building Permit, documentation shall be
provided, to the satisfaction of the City Engineer or designee, to demonstrate such
compliance.
17. Development of this Project shall comply with all requirements of State Water Resources
Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge
Requirements for Discharges of Storm Water Runoff Associated with Construction
Activity, and any subsequent re- issuances thereof. In accordance with said permit, a
Storm Water Pollution Prevention Plan ( SWPPP) and a Monitoring Program Plan shall be
developed and implemented concurrent with the commencement of grading activities.
The SWPPP shall specify construction structural and non - structural pollution prevention
measures.
18. A complete and accurate Notice- of-Intent (NOI) shall be filed with the San Diego
Regional Water Quality Control Board ( SRWQCB). A copy of the acknowledgement
from the SRWQCB that a NOI has been received for this Project shall be filed with the
City of Chula Vista when received. Further, a copy of the completed NOI from the
SRWQCB showing the Permit Number for this project shall be filed with the City of
Chula Vista when received.
19. Permanent storm water requirements, including site design, source control, and treatment
control Best Management Practices (BMP's), all as shown in the approved WQTR, shall
be incorporated into the Project design, and shall be shown on the plans. Provide sizing
calculations and specifications for each BMP's. Any structural and non - structural BMP
requirements that cannot be shown graphically must be either noted or stapled on the
plans.
20. Pursuant to the NPDES Municipal Permit, Order No. R9- 2013 -0001, new regulations will
come into effect on May 2015, which may impose additional requirements on
development projects that have not begun construction at that time.
21. All on -site storm drain inlets and catch basins shall be provided with permanent
stenciling and signage according to City of Chula Vista Standards to prohibit illegal
discharge to the storm drain system.
22. 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.
23. Project Site design shall include features to meet NPDES Standards. These features shall
maximize infiltration and minimize impervious land coverage while conveying storm
water runoff.
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June 22, 2016
Page 13
24. The trash enclosure area(s) shall be covered with a solid roof or awning to avoid
contamination of runoff. The site shall be graded in such a way as to prevent run -on into,
and run -off from., the trash enclosure area.
25. The Project Site runoff must be directed to a bioretention BMP. The bioretention BMP
shall be designed in accordance with criteria established in the Countywide Model
SUSMP and the California Stormwater Quality Association (CASQA) Storm Water Best
Management Practices Handbook, BMP # TC -32. Details of the bioretention facility shall
be shown on the plan.
26. The Municipal Permit requires runoff from all areas of a priority development project to
be treated.
PUBLIC IMPROVEMENTS:
The following conditions shall be satisfied._prior to approval of the Final Map for the Project:
27. Improvement Plans in conformance with the City's Subdivision Manual and a
Construction Permit shall be required. The Improvement Plan shall include but not be
limited to:
a. Construct 10 foot sidewalk along Third Avenue, including 8 feet within the right-of-
way and 2 feet not within the right -of -way, and tree grates, as shown on the Tentative
Map.
b. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per
SDRSD G -2, and G -7 along the Project's frontage to the satisfaction of the City
Engineer. Sidewalk shall be designed and constructed with proper transitions to
existing conditions.
c. Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
d. Removal and replacement of existing pedestrian ramp on the corner of Third Avenue
and K 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.
e. Installation of one 24 ft. wide driveway opening meeting design standards as shown
in Chula Vista standard detail CVCS -IA. Dedication of right of way as needed in
order for driveway to comply with American Disability Act (ADA) requirements.
f. Installation of a sewer manhole per SDRSD S -2 is required at the connection of the S
inch sewer lateral to the main public sewer line.
PC Resolution PCS 15 -0006
June 22, 2016
Page 14
g. Installation of all sewer laterals per SDRSD S -13.
h. Provide utilities trenching and restoration per CVCS No. 3 and No. 4.
i. Sewer lateral and storm drain connections to existing public utilities. The Public
Works Operations Section will need to inspect any existing sewer laterals and
connections that are to be used by the new development. Laterals and connections
may need replacement by Applicant as a result of this inspection.
j. Relocation of existing utilities, as determined by the City Engineer, or designee.
k. Installation of private streetlights and planters within the sidewalk per UCSP
requirements.
28. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
29. Any improvements in the right -of -way beyond the Project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
30. The construction and completion of all improvements and release requirements shall be
secured in accordance with CVMC 18.16.220.
SEWER:
31. Sewer lateral and storm drain connections to existing public utilities. The Public Works
Operations Section shall inspect any existing sewer laterals and connections that are to be
used by the new development. Laterals and connections may need replacement as a
result of this inspection.
32. For the proposed private sewer facilities, manholes shall be used where 6" mains or
larger are connected to public sewer.
PRIVATE ONSITE IMPROVEMENTS:
The following conditions shall be satisfied prior to approval of the Improvement Plans for the
Project, as determined by the City Engineer:
33. The onsite sewer and storm drain system shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City - maintained public
facilities.
PC Resolution PCS15 -0006
June 22, 2016
Page 15
34. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable.
MAPPING:
35. The Project will require the filing of a Condominium Final Map in accordance with
Sections 66426 and 66427 of the Subdivision Map Act. The Applicant shall enter into an
agreement prior to approval of the Final Map to secure all Public hnprovements required
for the development of the Project.
36. Prior to 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 shape file, 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 h _ttp: / /www.chulaNistaca.gov /goto /GIS. The data
upload site only accepts zip formatted files.
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37. Prior to approval of the Final Map, the Applicant shall submit Covenants, Conditions &
Restrictions (CC &R's) to the Director of Development Services for approval by the
Director of Development Services, City Attorney and City Engineer, or designee's. Said
CC &R's shall include the following:
a) Indemnification of City for private sewer spillage.
b) Listing of maintained private facilities.
C) The City's right but not the obligation to enforce the CC &R's.
d) Provision that no private facilities shall be requested to become public unless
100% of the homeowners and 100% of the first mortgage holders have signed a
written petition therefor.
e) Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
f) Implement education and enforcement program to prevent the discharge of
pollutants from all on -site sources to the storm water conveyance system.
g) Identify if any common lots, driveways, or private facilities are proposed, or if
one sewer lateral is serving multiple units.
38. Said CC &R's shall be consistent with CVMC 18.44, and shall be recorded concurrently
with the Final Map.
PC Resolution PCS15 -0006
June 22, 2016
Page 16
CHULA VISTA MUNICIPAL CODE REQUIREMENTS ENGINTEERING :
The following conditions shall be satisfied prior to approval of the Improvement Plans for the
Project, as determined by the City Engineer, or designee:
39. Any private facilities (if applicable) within public right-of-way or City easement will
require an Encroachment Permit prior to issuance of the first Building Permit,
40. All utilities serving the subject property and existing utilities located within or adjacent to
the subject property shall be under grounded in accordance with the Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be
under grounded prior to the issuance of Building Permits.
VIII. 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(x) and failure to follow
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.
IX. 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 Date
Printed Name of Applicant
PC Resolution PCs 15 -0006
June 22, 2016
Page 17
Signature of Property Owner Date
Printed Name of Applicant
X. 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.
XI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council 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 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 Tentative Subdivision Map (Chula Vista Tract No. 15 -06) to
combine multiple parcels into one for 71 residential units, and one commercial unit for
individual ownership located at 795 Third Avenue, subject to the conditions of approval
contained herein.
SIGNATURE PAGE FOLLOWS
PC Resolution PCS15 -0006
June 22, 2016
Page 18
Presented by:
Kelly Broughton
Director of Development Services
Approved as to form by:
Glen R. Googins
City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 22nd day of June 2016, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yolanda Calvo, Chair
ATTEST:
Patricia Laughlin, Board Secretary.
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