HomeMy WebLinkAboutReso 2016-177 RESOLUTIO?�' NO. 2016-177
RESOLUTION OF THE CITY COUT�CIL OF THE CITY OF
CHULA VISTA DE?�TYII�'G THE APPEAL BY THE CORRIDOR
. COALITIOI�' AND AFFIRMING THE PL9I�TI��ING
COM�4ISSION'S ADOPTION OF THE ADDEI�TDUM TO
liRBAN CORE SPECIFIC PLAI�' FII�'AL EI�'VIRONMENTAL
IA4PACT REPORT .��'D A1ITIGATIOI�' MONITORII�'G AND
REPORTING PROGRAM FEIR 06-01 AND .APPROVAL OF
DESIG?�' REVIEVI (URBAN CORE DEVELOPn4ENT) PERI��IT
DR1�-001� TO REDEVELOP THE SITE AT 79� THIRD
AVEI�TUE WITH 71 RESIDENTIAL CONDOMIi�'IUD� UNITS
AND ASSOCIATED SITE I�4PROVEA4ENTS AND
APPROVAL OF TENTATIVE MAP PCS1�-006 TO
CONSOLIDATE T«'O PARCELS I1�TT0 01�TE CONDOMII�'IUM
LOT FOR 71 RESIDEI�'TIAL UI�'ITS AND ONE
COn�I1�4ERCIAL UI�TIT FOR II�'DIVIDUAL O���ivERSHIP ON
79� THIRD AVENUE_ SUBJECT TO THE CONDITIO\�S
CONTAI?�TED THEREIi�T
�TIHEREAS; the parcel of land which is the subject matter of this Resolution is depicted
in E�hibit "A," attached hereto and incorporated herein b}� this reference, and for the purpose of
eeneral description consists of 1.0� acres located at 79� Third Avenue and 28� K Street, as
identified in Counrv Assessor Records as Assessor`s Parcel I�'umbers �73-371-23 and �73-371-
]2 (Project Site): and
�l'HEREAS, on June 18. 201�, dul}� �erified applications requesting approval of Design
RevieN� Application DR1�-001�. Tentati��e Subdi��ision Map Application PCS1�-0006 (Chula
Vista Tract No. 1�-06) and Preliminary Environmental Revie��� PER-12-003, ���ere ftled w�ith the
Cit�� of Chula Vista De��elopment Services Department by Niki Propenies. LLC: noH- 3rd and K
St., LLC (`Applicant" and "O���ner`); and
V�'HEREAS, said Applicant requests approval of Desien Revie�� (Urban Core
Development) Permit DR15-001� to redevelop the Project Site with a mi::ed use_ multi-famil}�
residential-commercial project kno���n as Vista del A4az, which includes 71 residential units, 616
square-feet of commercial space. 142-parking space garage, active and passive open spaces. and
the associated access and circulation elements (the "Project") and approval of a Tentative Map to
subdivide 1.0� acres into a one-lot Condominium Subdivision for individual o�tinership: and
WHEREAS, a hearine time and place ��as set b� the Plannine Commission for
consideration of the Project and notice of said hearing, toeether��ith its purpose, �i�as eiven b� its
publication in a ne�aspaper of general circulation in the Citv. and its mailine to propem� o�rners
and residents ��ithin �00 feet of the e�terior boundaries of the subject property. at least ten (10)
da��s prior to the hearine; and
Resolution No. 2016-177
Page No. 2
�'HEREAS, the dul�� called and noticed public hearing on the Project was held before the
Planning Commission of the Cin� of Chula Vista on June 22, 2016, in the Council Chambers.
276 Fourth Avenue; at 6:00 p.m. to hear public testimony and staffs' presentation; and
WHEREAS, the Planning Commission on said date reviewed; considered and adopted
the Addendum to Urban Core Specific Plan Final Environmental Impact Report and Mitigation
Monitoring and Reportine Program FEIR 06-01 and approved Design Review (Urban Core
Development) Permit DRl�-001� and Tentative Map PCS 15-0006; and
WHEREAS, on July 6; 2016, the Corridor Coalition, Glenda de Vaney, Martha Coulson;
and Earl Jentz filed an appeal of the Planning Commission's Decision to adopt the Addendum
and approve Design Review (Urban Core Development) Permit DR15-0010 and Tentative Map
PCS 15-0006: and
WHEREAS, the City Clerk set the time and place for the public hearing on the appeal
and notice of said hearing, together with its putpose, was given by its publication in a newspaper
of general circulation in the City, its mailing to property owners within 500 feet of the exterior
boundary of the Project Site at ]east ]0 days prior to the hearing; and
WHEREAS, the Chula Vista City Council held a duly noticed public hearing to consider
said appeal at the time and place as advertised, namely August 16, 2016, at 5:00 p.m. in the
Council Chambers. 276 Fourth Avenue.
NOW; THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code
(CVMC) Sections 19.14.588.B and 1812.125, the appeal that is the subject of this Resolution is
hereby denied and the decision of the Planning Commission to adopt the Addendum and approve
the Project is hereby affirmed, with findings and modifications; as follows:
L ENVIRONMENTAL REVIEW
That the City Council of the City of Chula Vista, 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" or "Specifc Plan") 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 City Council of the City of Chula Vista, 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 Mitieation Monitoring and Reporting Program, in the form presented;
whicl� has been prepared in accordance with requirements of the CEQA aud the Environmental
Keview Procedures of the Citv of Chula Vista and does hereby adopt the Addendum to UCSP
FEIR-06-01.
Resolution No. 2016-177
Paee No. 3
ll. CONFOR�4ANCE V�1TH CITY'S URBAI� CORE SPECIFIC PLAt�'
That the Ciri� of Council of the Cin- of Chula Vista, in the eaercise of its independent
jud�ment; as set forth in the record of its proceedines does hereb�� find that the Design Revie���
(Urban Core De�elopment) Permit DR1>-001� for the Project is in conformance ���ith the Cit�� of
Chula Vista General Plan and Urban Core Specific Plan as follo���s.
The proposed Project is consistent with the ��ision, objectives and policies of the General
Plan and the objecti��es. policies and regulations of the UCSP. The General Plan and the UCSP
em�ision the C 1 Third Avenue South District as an area w�ith a balanced mi� of commercial and
residential uses that contribute to create a vibrant and attracti��e area. The Project ��ould
rede��elop the subject Site. which currently has buildines that ���ere built in the 19�0's and are in
need of replacement, «ith a residential and commercial Project that H�ould pro��ide 71 ne�v
residential uniu (market rate and affordable) on Third A�enue, as well as 616 square-feet.of
retail space, and ���ould bring people; improvements and investment to the District. The Project
would pro�ide multi-famil}� housine in this area of Chula Vista and �+�ould brins families and
social and economic activitv to the area. Those families would take advantage of and support
the commercial base along Third Avenue, which pro��ides a ��arietv of soods and sen�ices in
close proximity. The additional residents ��°ould contribute to create an acti��e and ��ibrant
atmosphere alone Third A��enue as envisioned bv the General Plan and the UCSP. The proposed
public plaza at the corner of Third A��enue and K Street. ��hich includes art and fumiture, ���ill
provide an amenity that �i�ill activate the street and create opportunities for ci��ic eneagement and
interaction. The wider and fumished side��alks alone Third A��enue and K Street �ill also
contribute to acti��ate the street and create a pedestrian-safe and friendl}� emironment. The
proposed Project is also consistent ��ith the UCSP de�elopment regulations related to buildins
heiaht, buildine setbacks and step backs. parking. open space and landscaping. As sho�vn in the
staff report. the Project meets all of the reeulations of the Specific Plan, ezcept for Fioor Area
Ratio (FAR) (see below), and, in cases such as parkine; usable open space and landscaping, the
Project exceeds the minimum required standards.
III. DE\'ELOPn4Ei�'T E�CEPTIOI�'S
The UCSP pro��ides for and authorizes the Cirv Council to erant exceptions to the land
use and de��elopment reeulations. in order to encourage and achieve inno�-ati��e desien. The
Project is requesting one esception to the FAR limit in the amount of 0.� or 22;869 square-feet.
Esceptions ma}� be granted by the Cin° Council in cases where all of the follo�rine findings aze
made:
/. The proposed development �rill noi udi�erselv ufJec� the gouls m�d objectires of the
Specific Plun and General Plan.
?. The proposed derelopmen� iri(1 comply irith all other re,;ulatio�ls of the Specific Plan.
Resolution i�'o. 2016-177
Paee No. 4
3. The proposed developmen! N ill incorporute one o�• more of /he Urban Amenilies
Incenrii�es in section F - Urban Amenities Requirements and Incentires, of this
chupter.
4. The exception or exceptions are appropi•iate for this location and N-i11 result in a
belter desig�� or greater public benefit than could be achiei>ed through stricl
confor»aance N�ith the Specific Plan development regulations.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista hereby
approves an e�ception to the FAR limit of 1.0 in the amount of 0.5 or 22,869 square-feet based
upon the following Findings and substantiating facts thereto:
1. The proposed derelopn�enl N�ill not adi�ersely affect the goals and objeclii�es of tl�e
Specific Plun und General Plarz.
The goals and objecti��es of the General Plan and Specific Plan are not adversely affected
by the proposed 0.5 increase in FAR. On tbe contrary, the Project as proposed implements the
General Plan and Specific Plan by providin� a mixed use residential/commercial use at the
Corner of Third Avenue and K Street. The intent of the General and Specific Plan 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 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 dene7opmenl will comply with all other regulations of Ihe Speciftc Plan.
As indicated in the Development Standards table included in the Planning Commission
Staff Report, incorporated herein by tl�is reference, the Project complies with all other
development standards and regulations of the Specific Plan. The building has a height that varies
froin 34 feet along K Street and a height of 57 feet along Third Avenue (the building parapets
and elevator shafr achie��e a height 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 underoround and first floor levels, and provides 14 additional parking spaces for �uests of
the residents. Open space and Landscaped areas are also provided in excess of the minimum
required.
Resolution No. 2016-177
Pase I�'o. �
The buildina form respects the properties in the adjacent R-1 Zone to the north and east
of the Project Site along Church Acenue b� locating the second floor terrace and balconies as faz
aN�av as possible from the propem lines. and pro��ides hea��� screenine by landscaping the
perimeter of the structure. The 3 to �-stor} building structure was desiened to place most of the
bulk and mass alons Third Avenue and K Street, and as far as possible from the propert}� lines of
the single-famil�� homes. As required in the NTCD regulations the buildine also steps back from
the adjacent residential properties alone Church Avenue, resulting in a reduced buildine mass
and heieht near the residential properties. as «�ell as: distancing the Project as much as possible
from the residential properties.
The UCSP's Special Pro��isions for the I�'TCD indicate that "Buildino design shall be
cognizant of adjacent lo�ti density uses and a��oid balconies o��erlookine rear ��ards." The intent
of this provision is not to do a��a�- �i•ith balconies but rather to address their potential effects on
privac}�. The buildine desien is coenizant of and sensitive to the adjacent residential uses bv
distancin� the structures from the adjacent propem� lines b�� as much as �9 to �9 feet. Also.
dense and tall landscape materials have been pro�ided alone the east and north perimeter to
screen the homes from direct ��ie�a- of the balconies. A'hile [he NTCD pro��isions indicate that
balconies should be avoided. balconies aze still an important desien and functional elements of
the UCSP and the Project. ln fact, the liCSP pro�isions for multi-famil�� projects encouraee the
use of balconies and other features to achie�e qualih: buildina design. One of those provisions is
the followine: "Three dimensional design features, such us balconies and bays should be
incorporated inro the building design. " Balconies serve to pro�ide buildine facade articulation
and interest. and they sen�e to provide usable open/recreational space. Building fa�ade
articulation and interest are important elements for a project such as this one. ���hich is part of an
urban setting where the building architecture intends to improve the face of Third Avenue and
become a neH� azchitectural landmazk. Balconies aze also important as a source of recreational
space in an urban setting because the�� pro��ide recreational space on site. R'hile balconies
remain as part of the building elevations, the desien issues (particularly pri��acy) associated w�ith
them have been avoided throueh the described Project features.
3. The proposed developmen� N�ill incorpora�e one or more of the Urba» Amenilies
Incenlives in Section F - Z%rban Amenities Requirements a��d Incentires. of this
chupler.
The Project incorporates the three amenities listed above. ��hich are: all required parkine
(on-site and enclosed): public outdoor space in the form of plaza w�ith art feature and furniture:
and LEED Gold Cenification. Additionally. the Project includes other amenities and community
benefits as follo��s:
The Project ���ill provide fourteen parking spaces that esceed the pazkine re�ulations and
pro��ide guest parking spaces «ithin the parkine eara�e. The proposed Project ��ill pro��ide a
communih� landmark at the Project Site in the form of a public art mural on the north facine��all
of the building. The mural �vill not onb sen�e as a piece of art that will complement the
buildine's architecmre. it �ti�ill also sen�e as a landmark that ma� be used to identifv this ne�e
buildino in this area of Third A�enue, since no other art pieces like this esist no�v. In accordance
�vith community input received at the Second Neiehborhood Meetine. the mural could reflect the
histon� of Chula Vista or important historical e�ents in the Cit�'s past and lookin� towards the
future.
Resolution No. 2016-177
Page No. 6
The enhanced street impro��ements for the Project include a widened sidewalk along
Third and K Street, new pa��ing, street trees in grates, and street furniture such as benches, trash
cans and planters. Additionally, this residential development will provide more options for
dean, safe, energy efficient and modem housing for the Chula Vista workforce. These 71
d��elling units will put more people on Third Avenue to support the small businesses located
there and to create a more pedestrian-friendly street atmosphere.
�. Tl�e esceplion or exceptio��s are uppropriute for this Ioculion and will result in a
be�ter design or gr-euter public benefi� than could be achieved through strict
confor�nance N�ilh �he Specr�c Plan denelopme�al regulations.
The additional FAR of 0.� is appropriate for this ]ocation 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; acti��ate the street and support the existing commercia] base. The C1 District is
characterized by havine mostiv retail and office uses. While there are about five properties in
the District w�ith 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 percentase
would be translated into approximately 21 acres of residential development. The proposed
Project FAR of 2A (91;34� sq. fr.) represents approximately 9.�% of the total potential
residential capacity N�ithin the Cl District.
The Project's FAR of 2.0 is appropriate for an urban miaed use development and is in
line with de��elopment 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 G1 zone) and 3 stories
along the K Street elevation. This building configuration places the most mass and bulk alona
the Third Avenue and K Street's elevations, a��ay from the existing low density residential. The
Applicant has revised the Project and has taken measures to reduce the buildine mass and
addressed community concems 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 likel}� to change over time through periodic revie��s 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 Project creates a people activated, urban corner that
contributes to the City's goal of "Complete Streets" and enhances the public realm throueh
improved streetscape design and individual building character.
IV. SPECIAL CONDITIONS OF APPROVAL
A. The Following additional conditions of approval proposed by the Applicant are
hereby imposed on the Design Review (Urban Core DevelopmenO Permit approval for the
Project. These conditions are approaimately proportional both to the nature and extent of impact
created by the proposed Project.
Resolution I�o. 20]6-177
Page No. 7
1. .Applicant shall desien and construct the Project balconies on the 3rd, 4th and �th
floors facin� the single-familv residences in substantial conformance H�ith the public
record of the Aueust 16, 2016 Citv Council public hearine, H�here the Applicant
represented the heiahts and the opaqueness of the railing to the satisfaction of the
De��elopment Sen�ices Director. This condition implements condition #4 of the
Plannine Commission Resolution No. DRl�-001�.
2. Applicant aerees. prior to issuance of the first Certificate of Occupancy for the
Project. to install landscape impro��ements consistine of eround co��er, street trees and
irri�ation along the east side of Third A��enue starting approximatelv ]00 feet south
of L Street and continuine south appro�imatelv 500 feet to enhance the qualit�� of the
Third A��enue Corridor at this location. This �i�ork ���ill be subject to the approval of
the De��elopment Sen�ices Director and the authorization of the San Diego Country
Club. If authorization is not eranted bv the San Diego Countrq Club, the Applicant
aerees to implement an altemati��e nei2hborhood amenit�� comparable in ��alue and
benefit subject to prior approval by the De��elopment Sen�ices Director.
3. Prior to issuance of the first Certificate of Occupanc}� For the Project, Applicant shall
record a public access easement and enter into a maintenance aereement, or
equi��alent mechanism(s) as appro��ed b}� the Cit�� Attomey, on the public plaza at the
comer of Third and K Street to provide public access and to pro��ide maintenance
sen�ices for the plaza in perpetuit��.
BE IT FURTHER RESOLVED that the Cit�� Council of the Citv of Chula Vista does
hereb� find and determine that the Appeal that is the subject of this Resolution is hereb}�
DENIED and that the determination of the Plannina Commission is hereb�� AFFIRI�4ED. in
accordance ��ith the applicable de��elopment standards, reeulation and euidelines of the Urban
Core Specific Plan and the Conditions of Appro��al specified in Plannine Commission
Resolutions DR1�-001� and PCS 1�-0006 dated June 22. 2016. attached hereto and incorporated
herein b} this reference (Exhibit "B"), as modified hereb��.
Presented bv Approved as to form b��
/
Kell�� . rouehton, FASLA Glen R. Goo_ins ( �
Director of Development Services Cit�� ttome1 ��
I
Resolution No. 2016-177
Page No. 8
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of August 2016 by the following vote:
AYES: Councilmembers: Bensoussan, McCann, and Salas
NAYS: Councilmembers: Aguilar
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Miesen
Mary Sal s, Mayor
ATTEST:
/ �^ �
Donna R. Norris, CM , City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Donna R. Norris; Cit}� Clerk of Chula Vista, California, do hereby ceriify that the foregoing
Resolution No. 2016-177 N�as dul}� passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 16th day of August 2016.
Executed this 16th day of August 2016.
(�
• Donna R. Norris, CM , ity Clerk
Eahibits:
Exhibit A — Locator Map
Eahibit B — Planning Commission�s Resolutions DR15-0015 and PCS1�-0006
Resolution I�o. 2016- 177
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Resolution No. 2016-177
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PL.��T1NG CO?�1AqSSION RESOLUTION 10. DR15-0015
RESOLUTIOn OF TFIE PLA\TZ1'G CO_�LA�SSION OF
"CHE CTTY' OF CHUL� �'LST:� COTSIDERLIG THE
' ?,DDENDLIlI4 TO URBAN CORE SPECIFIC PL_�' FI?vAL
' E\Z'II20Y1�N'I_AL LMPACT REPORT A,1D �1ITIGATIO?�
! D40NITORL\'G ,�\� REPORIT_NG PROGR��4 FEII2 06-01
i 4�� !�PPRO��*r ng�crGN REVIER� (URB.A�1r CORE
', DE�"ELOP�ZEn'I) PERIVLIT DRl�-0015 TO REDEVELOP
THE SITE ?.T 79� THIRD AVE?�T�-E R'IT'H il
RESIDENTL�.7, CONDOeY1l�TC�!1 LTTTS �\'D
4SSOCLATED SITE LA�IPROVETg\�S, SL-BJECT TO THE
C01�ITIONS C01`T.�L�'ED HEREIN
I. RECIT_�LS
R'I-IEP�EAS, the pazcel of land «�hich is �e subject matter of�is Resolu:ion is deoicted
in E.�hibit".�," atiached"nereto and incorporated herein by this refe:eace, and ior ihe purpose
of eeneral deccaption consists of 1.05 acres located at 79� Thi:d 3venue and 2SS K Street,
as identiSed in County Assessor Records as Assessor's Pazcel Number �73-37i-2. and 5 i3-
371-12 (Project Site);aad
j WF�REAS; on June I8; 2015 duly verified applicaiions request�n� appro��al of Design
i Re�2ew Application DB1=-0015, Tentarive Subdivision Ma� .Spplicafion PCS15-0006
(Chula �'ista Tract No. 15-Q� and Preliminary Eneironmentai Re�riew PER-12-003, were
� nled ��ith the City of Chula ��ista De��elopment Services Deparinent b}° Nil;i Properties;
LLC (".Spplicant' and"Owner'); and
� WZIEREAS, said Applicant requests approval of Desi� Review (li*ban Core
� Dzvelopment) Permit DRl�-Q01� to redevelop the Project Site with a mixec use, mulri-
;amily residentiaUcommercial projeci knov.� as Vista del Maz, w•hich includes 71 residenrial
� uniu, 616 square-feet of commercial space, 142-parking space garage, active and passive
open spaces; and he associazed access and cuculation elements(the"ProjecP'); and
': WT-TEREAS; a :�ezriz� time znd place v.as set by the Planning Coc�mission fo:
considera:ion of the Project and norice of szid hear�ng toeether with its purpose, was given
_ by its publication in a neW�spape:of eeneral cucularion in die City, and its mailing to property
owners and *�idenu w�ithin 500 feet of t�e ea�erior boundaries o`the subject p:operry, at
'' least tea(]0)days prior ro the hearine; and
i
i
i V+'I�REAS,the duly called and nociced pcblic hearing on the Project was hetd before t;�e
Plannin� Cos,mission of d�e Cit;- of Chula Vis,a on June 22, 2016 in the Council Chambers,
276 Fourii�Avenue; zt 6:00 p.m. to heaz pub:ic testunony and s'�s' presentation; and
R'HEREAS; the Plannin� Comnission en said date re��zwed and coasidered the
� Addendu� ro II-oan Core Speci�c Plaa Finai Envi:onr!zen:a] Inpact Report znd Mitisztion
� Mo;,iiorina and Reporans P*ogra� FEIR 06-01 sid the apolicztion for Desi� Review
i (lirban Co:e Devzlopmer.�j Perr�i:DRl�-OGi�.
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Resolution No. 2016- 177
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I�TO�U; TELF,REFORE BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it does hereby find and determine as follows:
II. Er��IRONMEI�'T.AL REVIER�
I That the Chula Vista Planning Comnussion; in the exercise of its independent jud�nent,
as set forth in the record of its proceedings, considered the Preliminary Environmental
jReview� of the Project conducrP�t hy ±hP T)uector of Development Services for compliance
i with the Califomia Environmental Quality Act (CEQA), and has determined that the Project
, was covered by the Urban Core Specific Plan (UCSP) Final Environmental Impact Report
j and Mitigation Monitoring and Reporting Prograzn FEIR-06-01, adopted by Yhe Chula Vista
City Councii in Mav 2007. The Development Services Director has determined that only
minor technical chanees or additions to FEIR-06-01 are necessary and that none of the
conditions described in Secrion 15162 of the State CEQA Guidelines calling for rhe
prepazation of subsequent documents have occurred; therefore, the Development Services
Director has prepazed an Addendum to UCSP FEIR-06-01.
That the Chula Vista Planning Commission, in the exercise of their independent review
and jud�nen2 as set forth in the record of its proceedings, considered the Addendum to UCSP
, FEIR-06-01 and Miti�ation Monitoring and Reporting Program,in the form presented,which
has been prepazed in accordance with requirements of the CEQA and the Environmental
Revie�i�Procedures ef the City of Chula Visia and does hereby adopt the Addendum to UCSP
' FEIR-06-01.
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; III. CONFOR�IAI��CE WTTH CITY'S URB:SI�7 CORE SPECIFIC PLAN
That the Chula Vista Planning Commission, in the exercise of its independent jud�nent,
as set forth in the record of its proceedings does hereby fmd that the Design Review (tJrban
Core Development) Pernut DR]5-00]5 for the Project is in conformance w�th the Ciry of
! Chula Vista General Plan and Urban Core Specific Plan as follows.
The proposed Project is consistent with the vision, objecfives and policies of the General
Plan and the objecVices, policies and regulations of the UCSP. The General Plan and the
UCSP envision the Cl Third Avenue South District as an azea with a balanced mvc of
commercial and residential uses thaf contribute to create a vibrant and attractive azea. The
Project would xedevelop the subject Site, which cunently has buildings that were built in the
1950's and are in need of replacement, w9th a residential and commerciai Project that would
provide 71 ne«� residential units (mazket rate and affordable) on Third Avenue, as well as
616 square-feet of retail space, and would bring people, improvements and investment to the
District. The Project �a�ould provide multi-family housing in this area of Chula Vista and
i would bring families and social and economic activity to the azea. Those families would
take advanta�e of and support the commercial base along Third Avenue, which provides a
; variery of goods and services in close proximiry. The additional residents wonld contribute
to create aa active and vibrant amzosphere along Third Avenue as envisioned by the Genera]
Plan and the liCSP. I7�e proposed public plaza at the corner of Tl:ird Avenue and K St�eet,
which includes art and furniture, will provide an amenity.that will activate the streeL and
create epporianities for civic engaaement and interaction. The wider and fumished
sidewall.s along Third Avenue and Ii Street wii] also covl�ibute co activate Yhe sheet and
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i creaie a pedestri2a-safe and friendl� enviro�en*_ The proposed Project is also coasistea:
with t5e liCSP developnent regularions relatea to building hei�ht buildia� setbacks and step
� �3CIC5� pa:itina, open space and landscapiae. As sho�va in 'uF e staff report; t�e Project meeu
all o�the :eeuiatioas of the specific plan; except fo: F.4R (see below); and in cases s�ch as
pariane, :isable open space and landscapin�; the Project exceeds the minimum requ:ed
standards.
IV. DEVtiOP?viE\'i E3iCEPTIOi�S
The UCSP procides for and wthorizes �he Planning Cosnission to grant excepuoes to
I , the land use and deo�elopmeni :egulations, in order to encourage znd achieve innovati��e
idesim. The Project is requesting one exception to the F,3R li,:,it in the amount of 0.5 or
22,569 square-feet. Excephoas nay be �antec by the Planning Comm.ission in czses where
' all of the fo!]oa^;ng findings aze made:
i
1. The proposed deveiopment will not adversely affect the goals and objecrives of the
j Spec��P[ar,and General Plan.
! 2. Th.e proposed development wi]!comply with a?7 other regular'ons of the Specific Plan.
9. The proposed develapment will incorporate one or n�ore of the Urban ,4menities
i Incentives in section F - lirban Amen;'ties Requiremenrs and Incentives, of rhis
' cha�ter.
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i4. The exception or exceptiores are approprtate for this loca;ion mul will resulr in a
oetter design or greates public benefit than could be achieved through strict
conjormance x�ith the Spec�c Plan development regulations.
I
FAR Excendon Findin2s
BE IT FU�ITi-IE�2 RESOLVED, that �he Planni¢g Commission hereby approves an
excepaon to the F_�R lis�it of 1.0 in the amouat of 0.� or 22;869 square-feet bzsed upon the
followin�Fiar�ngs and suostaavating facts thereto:
i 1. The proposed development wi71 not adversely affect the goals and objectives of the
iSpeci7rc Plan and General Plan.
i I'he eoa?s u;d objectives o`the General Pla.and Specific Plan aze not adverselv affected
by the proposed 0.5 inc;ease in FAR On the contrary, tne Project as proposed implements
j the General Plaa and Specific Plan by providin2 a mixed use residentiaUcommerci2! use a�
j �e Comer of Thid Avenee znd K S�eet. The intent of�he General and Specific Plans is to
i Pzcilitate aad encouraee development and v-nprovements thz: will help realize ihe
commuaivs �nsion for we Urban Core azea The U*ban Core and tne C1 Disuict are
en��isioned to bz vibrant fo:wazd-tl-:inl:ine but *espectfil of its past 2nd zlve w�th thriving
� businesses, �sac:ive ho�sin� and eatertainment cultural �d recreational ac��•i�es. The
� U;can Core i%is;on aiau to c:eate a u*uquely idenufiable U;ban Core for Chula\%ista that is
; zn economiczll� �;braat; pede<<rias-orieaied ��d mul:;-purpose desination. The proposed
?roiect mze*s cae eo21s and objecu��es because it b:;ngs i�-np:ovemens and cos,.�unin
bene5u to z� are� of Tli;d Avenuc whicb is cu,-enti}�under-pe;form;ng �d not livino up co
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j the stated vision of the Specific Plan. This project has the potential to spur additional
i development along the Third Avenue corridor with additionai community and economic
I. benefits. T'he proposed Project provides ��de sidewalks and a public plaza that will create a
pedestrian-fdendly environment and foster civic engagement in a mu(u-purpose
environment The building mass and form allows the Project to have the number of
Iresidential units and the associated pazking, landscaping, recrearional spaces and other
� feanues that provide a multi-purpose environment and activities to meet the goais and
j objectives of the General and Specific Ylans.
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2. The proposed development N�ill compl}�with all other regulations of Uze Specific Plan.
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' As indicated in the Development Standards table above, the Project complies with all
,
other development staz�dazds and regulations of the Specific Plan. The buildino has a heighi
that vazies from 34 feet along K Street and a heigl�t of 57 feet along Third Avenue (the
buildina parapets and elevator shafr achieve a height of 60 feet; wlvch is the maximum
permitted b,v the UCSP). The Project provides all the required pazking on-site and enclosed
within the buildi� shuctures in the underground and fust floor levels, and provides 14
additional parking spaces for guests of the residents. Open space and Landscaped azeas aze
also provided in excess of tUe minunum required.
I
T'he building form respects the properties in the adjacent R-1 Zone to the north and east
Eof the Project Sife along Church Avenue by locating the second floor terrace and balconies as
� faz away as possible from the property lines, and provides heavy screening by landscaping
the perirneter oF the struchue. The 3 to 5-story building structure was designed to place most
of the bulk and mass along Third Avenue aod K Street, and as faz as possible from the
i property lines of the single-famIly homes. As requued in the I�TTCD regulations the buildin�
jalso steps back from the adjacent residenual properties along Church Avenue, resulting in a
ireduced building mass and height neaz the residential properties, as well as, distancing the
, Project as much as possible from the residential properties.
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` The UCSP's Special Provisions for the NTCD indicate that `Building design shall be
; cognizant of adjacent loiv deruiry uses and avoid balconies overlooking rear yards." The
� intent of this provision is not to do away w2th balconies but rather to address their potential
� effects on privacy. The building design is cognizant of and sensitive to the adjacent
� residential uses by dis'ancing the structures from the adjacent property lines by as much as
49 to 59 feet. Also, dense and tall landscape materials have bezn provided alon�the ezst and
north perimeter to screen the homes from direct view of the balconies. V��hile the NTCD
; provisions indicate that balconies should be avoided, balconies aze still an important desi2n
� and functiona] elemenu of the liCSP and the Project. In fact,the UCSP provisions for mul�ti-
1 family projects encourage the use of balconies and other features to achieve quality building
; design. One of those provisions is the followvig: "Three dimensional design fearures, svch
; as balconies and bm�s should tie incornoratzd into the building design. Balconies se:ve to
provide buIlding facade articulation and iuterest; and they ser�e to provide usable
open/recreational space. Builduig facade articulation and interest are important elements for
a project such as ch;s one; v.-hich is par[ of an urban seiYing where the buildine architecture
inYends to improve the face of Tiiird Avenue and become a ne��.• azchitecnvral landmazk.
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� Balconies are also iciportant zs 2 so�sce oi;ec:eaaonal space ia aa urba� set�ng because
� �ey pro��ide recreaaonal space on si.e. R�hile balconies remzin zs pzrt of L�e b�ulding
elevetions, the desi� issues (pa-[iculazly pr_vacv) zssociated w:� tnem have oeen zvoided
th;ouah rhe described?:oject fea:wes.
�� 3. The proposed Qevelopm.ent wi!! incorporaie one or more of the Ur3an Amenines
Incentives ir. Section F - Urban Amenines Reguiremenrs and Incerur.�es, of rhis
I chcpter. -
' The Project inco;po.ates :he ihree ameni�es listed abo��e, �3�hich ae: all requ'v*ed pazicing
{on-s;te end enc?osed); public outdoor space i� the :omm o: plzzz with zrt ieature and
fiL*niture; aad LEED Gold Cer4fication. .4dditionally, the Project includes o_h�r amenities
and commenity benefiu as follok�s:
As indiczted p;e�7ously, :he Proiec�will provide fourteen parkine spaces that exceed the
pazking :eguiations and provide euest parkine spaces within �he parkin� euaee. The
p*oposed P:oject will pro�ide a comr.,,,n;r.,� lanemazk u the Projec: Site � tne form of a
public art mti-a1 on the north facing v.�all of the buildin�. The m�al will not oa!y serve as a
piece of a*t tha: wi11 complemeni che b�.ulding's azchitecture, it wiil ziso ser��e as a landmazk
that may be t:sed to identify this new building in this area of Third Avenue, s':nce ao other art
pieces like rhis e�cist now. Per ?he communi}� icpet received a: the Second Neie56orhood
?.4eetia�, the mural could refleci ihe history o:Chuia Vista or unporrant his�oacal evenu in
the City's past and looking cowazds the fu�ure.
Ihe enhaec:d st;eet ir�provements for the Project include z w�idened sidewallc along
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Third and K Sneet new pa�:�; su�eet uees ia erates, and s�eet fumiture such as bencbes,
� trash cans and planters. Additionally,t:�is residential de��elopment will provide rnore options
! Por clean, safe, energy efficient and modem hoising for the Chula Vista workforce. T'hese 71
� d�velling uniu will pLt more people on Third A�=enue to support t�'�e small buinesses located
there and to create a more pedesh-ian-friendly sueet avnosphere.
4. The exceplion or exceptions me appropriale for this locadon mu! will result in a
bener design or greater public oenefit rhan cou?d 3e achieved through s!ricf
conjarmance with the Speci�9c Plan development regulanons.
The addicional FAR of 0.� is appropr:ate fer :his loca�on because it wou!d aLow tbe
� Project:o conp!y with the 2oais znd objectives of the General Plan and Soecific Plan relaied
3 to bnnging a miaed use project c�itn c�cient *esidential unis znd conmunin a,-neniries to
� provide housing; activate the s�eet and s.�pport the eacistin� cosae;cial bue. The C1
� District is chazac�erized by having most!� re�ail a�d omce uses. ��'hile the;e ue about five
prope:ses in the Disuict w9th =esideatial uses, d7ese properties only represent zboet 4% of
' the total District area. Geoe;ai Plaa poucy calls for some addi:ion21 resideniizl dev=_lopment
w�it�n the Cl Discict to suppo:! the e.Kistina aad futu.e cos,mzrcial de��elop�ent It has
been estiy.ztzd by s-�ff tbat the appropria:e residen*ial acrezge tnac cou!d poten�iailv be
developed withia*he District based on the Geeerzi ?Izn polic� is approsir.�a:el}•^0% of io:z1
area. 7hac pz;ce�:a�e wo�ild be tr�-�slated ;Lto appm�irna:eiv 21 ac*es oi reci�en;izl
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development. The proposed Project FAR of 2.0 (91,345 sq. ft.) represents appro�mately
j 9.�%of the total potenlial residenual capaciTy within the Cl District.
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` The Project's FAR of 2.0 is appropriate for an urban mixed use development and is in
I, line with development trends elsewhere in the Urban Core azea, The ma�timum building
{ height is � stories along the Third Avenue elevation (60' high as allowed by the C-I zone)
1 and 3 stones along the K Street elevation. This buildin� confie ration places the most mass
� and buik along the Third Avenue and K StreePs elevations, aw�ay from the existing low
�i density residential. The Applicant has revised the Project and has taken measures to reduce
� the buIlding mass and addressed community concems without reducing tbe viabIliry 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
yeazs) over numerical parameters sucb as FAR(which aze likely io chanae over time throu�h
periodic reviews and amendments to the UCSP as required by]aw, and based on chan�es to
the physical conditions of the Urban Core and changes in economic activity). The proposed
development creates a people activated, urban comer that contributes to the city's goal of
"Complete Streets" and enhances the public realm through im�rove�' saeetscape design and
individual building chazacter:
V. GEI�TERAL CONDITIONS OF APPROVAL
i A. Project Site is improved with Project
' The Applicant, or his/her successors in interest, shall improve the Project Site with the
; Project as described in the Design Review Permit DR15-0015 consisting of the approved Site
j Plans, Floor Plans,Building Elevations,Roof Plans, and Concept Landscape Plans.
VI.SPECIAL COI�TDITIONS OF APPROVAL
A. The conditions herein imposed on the Design Review (Urban Core Deve(opment) Pemut
approval aze approximately proportional both to the nature and e�ctent of impact created by
jthe proposed Projeci. Unless otherwise specified, all conditions and code requirements listed
below sball be fully completed by the Applicant, Owner or Successor-in-Interest to the
i Director of Development Services, or designee's satisfaction prior to approval of the first
! Building Permi�unless otherwise speci&ed:
� GEI�TERALIDEVELOPMENT SERVICES
;
a 1. The Applicant ;hall obtain approval of Tentative Subdivision b4ap CVT-15-06 (PCSI>-
� 000� and a Final Subdivision Map for tbe Project prior to approval of BuIlding Permits
� in reliance on this Design Review Permit approval.
�
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2. The Applicant shal] unplement, to the satisfaction of the Director of Development
� Senzces and the City Engineer; the mitigation measures identified in the Addendum to
F Urban Core Specific Plan Final Env'uonmental Iinpact RepoR and D4iti�ation I�4onitorin�
` a�n�(�d,�Ri�ei�portin�Program FEIR 06-01 for the Project within the timeframe specified in said
�� 1"1V1fLC. .
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�. Tne :�ppii.znt shail pa} in 'uil anv unpaid balance for the Project, iacluaiae Deposit
Acco=�a:No. DQ3021.
i4. Applicant sball meet aa� confe: with scaff io develop zne impleiaeat feasible and
effecuvz �easures wldi respect to balconies on �he 3rd 4th and Sch floo:s of:he Project
; wi�h sight-Lnes onto adjacent residenual va:ds to furt:�er add:ess potential adve;se e$ects
� on `ue pavacy of occupznu of adjaceni residenval a:opemes to the sadsiaction of the
Developm�t Services D;rector.
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I 5. Prior ?o issuance of the first Building Pem;t for he Project tne .AppLcaat shall comply
� wiih a�plicable p*o�isions of Chila Vis`a Municipal Code (CV?T4C) Chapter 8.24 - SoGd
! V�%aste znd Li«er, and Chapter 825 — Rectcliag; related to mixed-usehauiti-iamily
+ residenriat development projecu, to the saus:ac:ion of the Department of PuSl:c Works;
' Environmentxl Services D;�is;on. These requuements inciude, bu? aze not li:nited to the
following:
a Thz Applicant shall con*nct wi�h the City's uanchise hauler throLehoui the
cons7ucrion and occupancy phase of the Project.
b. I'`�e Apolicaat saall comply w�'u zpplicable provisions of the City's Consu-uction
i and Demolition R�c��cling Ordinance, includina submittal of a R%aste
� Management Repon per CVMC 5.25.095.B, to the Environmental Services
Di�ision.
� 6. The Applicant shzll submit and obtain approval of detailed Landscape Improvement
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� Plans in accordance with the City Landscape Manual, and the Water Conservation
i Ordinance; prior to the issLance of appliczble pe�aiiu o* other discrevonary approval.
� Landscape P1ans shall be prepared by a registered Landscape Architect and shall be
� consisent wiih the approved Concept Landscape Plan.
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7. Project plaas shall incorporate street fu:niture along the Thud Avenue and iC Street
': frontage such as omamental benches; ornamental �ee grates, and omamental light
; fuctures consisieat wit}.�e UCSP.
� S. T'he peblic plaza shall inciude appro�ateiy 1;700 squared-feet in zrea 2nd shall
incomoraze decorazive sueet fi:rniture, including chairs and benches, and an ar[ featu:e,
including a w�ater fountain or a sculpiural art piece.
i9. The 10-foot sidewalk along the T'hird �veaue frontaoe sSall be reconstructed of
� dec;orztive pa���ng materials.
10. All privzte criveu�ays ard pedest*ian walkw�avs located alone the I'hird .A��enue and K
Screet projec;fronta�es shaL be constr3c*.ed o:eecorative paaine materials.
i V
ll. The Pro;ect .Appl;caac proaoses to proviae a m_uz1 on the buiidi�g's nor�h zlevation. A
prelizinzy or000sal inch�dec a mu�al �.yzt describes the hi_r,orv aaC celm:e of Chula
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Vista Ti�e Applicant shall submit the mural proposal to the Development Services
D'uector foi review and approval prior to the installation on the wall.
13. The Project has been desie,ped to incorporate azchitectural and construction features that
would quaiifi� the Project to apply for and achieve Leadership in Energy and
Environmental Design (LEEDj Gold Cetification. The Project approval is based on the
incoi7iorarion and construction of all the LEED features as outlined in Attachment 10 of
I tbe staff report. I'he Project was desiened to include a 30°/o increase in the buIlding Floor
, Area Ratio contingent on tbe (a) incorporation and construction of all LEED features and
I (b) receipt of the LEED Gold Certification from the US Green Building Council. If the
I Project plans are found at the time of building pemiit to not meet the criteria for LEED
Gold Certificarion,the Projectplans shall be revised to include all the features outtined in
; Attachment 10 and fu11y meet all of the LEED Gold Certification criteria. If this does not
occur, then Project approval is suspended and new or revised plans shall be presented to
, the Planning Commission for approval prior to the issuance of any Building Pemuts.
li. The Buildino-pemut plans shall show that the Project has been desiened to comply with
applicable requirements of CVMC 15.56.020 "Covdominium Projects, Condominium
Conversions and Occupancy chereof."
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j 14.Applicant shall design and install a "Keep Cleaz" striping detail at the combmed
ProjectBank of America driveway to ensure that vetucles stopped at Third Avenue and
queuing westbound on K Street do not block the Project driveway. Said striping detail
wil}be desiglied to the satisfaction of the Citys Tr��Engineer.
I 15.Applicant shall prepaze and submit a lighting plan for City approval that demonstrates
i compliance with Chapter 1728 (Unnecessary Lights) of the Chula Municipal Code, and
� compGance with the UCSP.
16.A lightine plan shall be provided with the Building Permit submittal showing thzt
lighting of all..enclosed pazMng, pedestrian walkways, recreational azeas, building entries
and other public areas have been provided.
17. The Applicant shall reserve a minimum of one pazking space for the commercial use and
a minimum of seven parking spaces in the gazage for use of its residents' euests. These
spaces shall be mazked by appropnate signage. A note to this effect shaIl be shown on
the Site Plan to be submitted to ihe Cit}�as part of the building permit application.
HOUSli�'G DIVISION � �
� 13. The City of Chula Vista Generai Plan Housin� Element establisbed Policy 5.1.1 (the
' "Balanced Communin Policy"), which requues the occupancy and affordability of ten
percent (10%) of each hous:ne development.of 50 or more i:nits for low and moderate-.
income housenolds; wiil� at !e�et one half of tl�ose units (�% of project total uaits) being
desienated for Iow-income households (rhe "Affocdable Housin� Obli�aiioa°). In
satisfaction of*.he Balanced Corrunw�iry Po'icy; the Project Applicant sha11 execuie an
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:�ordzbie "rIousing .���,�eat prior te �e issuance of-ue fist building pemv: Said
j Afford2ble Ho�uine Aereement shall be reco;ded in:he O�ce o:the San Diego County
� Recorder over the entirety oi he Project Site. I'he Afforda�le Hoi:sine A�eement shall
i a:ovide:ha� i 0%of the cotzl number of c +`�eti]ow income(5%) 2nd mode�?e housing
� �.mits (�%) shat] be con.s�ucted on site or pac the In lieu �ee of Si24,220 per i:nit 7'ne
j agee: �i.t io pa�� the � �eu �ee is determined by the Citr Mznaaer 2na Ci.ry Attomey
� or their desi�ees. �
IBliILDL�'�G DI�%ISIO?�'
I79. The Applicaat shatl sub�:t �d obtain approval of Buildiae Pe:mit(s) to the satisfaction
i of the Ciry Bnilding Officizl. I�e Buildine Pe:miu sball compl�� v.�th updated codes and
requiremenu,inclur_ir.a but not iinited:o u'�e followine:
2013 F�ition o�ihe California Building Code as a�eaded by CVMC i 5.08;
20li E�tion of�e Califomia Residential Code CVA•iC 15.09:
2013 Edirion af Califomia Mechanical Code CV"?��C i�.16;
20li Edition of vhe Caiifomma Pl�bine Co3e zs amended b}�CVtifC 1�.25;
2013 Editio�o�t'�e Ca!ifo:-nia Electrical Code as a..--�ended S� CVVSC i52;;
� 2013 Fdiaoa oi t;�e California F;re Code zs zmenaed CVA4C 15.�6;
� 2013 Edirioa oi the Caiifemia Geen Building S�ndards Code as amended C�T?C 15.12;
! Z010 Fdi7on of the Caiifomia Enereq Code as zmended CV�4C I�.%6;
2000 Edition of fne lirban-R'ildland?n�eriace Code as amended Cb?vSC li.5fi;
I 1997 Ed;tion of the Uniform Hol:sin�:ode as amended CV?v1C i� 20; and _
I 799i Fdition of the Unifo� Code fo= t'�e Abatement of Daneerous Buildings as
; amended CV?.4C 15.18.
�
I L.4_��DEVELOPM.ENT DIVISION:
�
I 20. The follou�in¢ fees are pavable prior to iss-:�nce of Buil�iv� Pe:mi-s, based on the Final
Buildir.e Plzns_submmtted:
3 a Sewer Connection z.d Ca�acitv Fees
s b. T:a�c Si�zl Fees
c. Pub�c Faciliries Developiaent Impact Fees(PFDIF)
' d. R%esem T:ansuonauon Developmen:?mpact Fees(«-IDIF)
f
e. Othe:En�aeering Fees as a.�nplicable
; 21.�pplicant s�l pay Pazk Aceusition and Dzvelopment{P.AD) Feec per dwelline ��nii as
' required pr,'or to the issuaace. of the first Bnildir.g Pe*nii in accordaace witS C�'MC
1�.i0. 100. The cur,eat PAD Fee for \ires? Chulz V'ista Proiec-s is Si,607 `or each Mulr•-
Faauly Resi3zntial dwellins, T`�e P� =ee is zdiusted on an an,ezl basis on October 1
oas�on uie Engineer Cor.s��:ction Cos*.Incex. The pzyment o`:he P.4D Fee arno�r_t ;n
piace a*. the �me o,che ;ecord:na of the Final �4ap is reetired. The P.AD F�e {o- L7e
�:ojecc a:this ti�e is 5==0,09i (7i @ SZ60�luni�).
�
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22.All proposed side«�alks, walkv.•ays; pedes[rian ramps; and disabled pazl:ine shall be
� desi�ed to meet the Cit}� of Chula Vista Design Standards, ADA Standards; and Tide 2G
Ist�ndazds, �s applicable.
I23. Paor to Final Map approval,the Applicant shal] obtain approvai of street addresses to the
• satisfacuon of the Direcior of Development Services.
i
2�. Applicnnt shall votain approvai of a sign permit prior to construction of zny proposed
signage.
\VASTEW.ATER ENGIIv�EERLNG SECTION
! 25.Applicani shall submit a revised Sewer Study to reflect the methodology, standazds and
j �eneration factors listed in the City of Chula Vista VJastewater Collection System'vfaster
Plan,dated r4ay 2014,p;epazed by Infrastrucrure Engineering Corporafion.
26. The Peak to Average se�uer flow.shall be calculated based on City of Chula Vista CVD-
SWO1.
j FIRE DEPARIT4EI�TT:
I
27. For 67,873 square feet of Type IA construcrion and or 102,763 square feet of Type VA
construction, this project wIll requue a fire flow of 6906 gallons per minute for a 4-hour
duration at 20 ps.i. The respective water authority widd be requested to perform a
hydraulic flow analysis of their system to determine if the fse flow is a��ailable. No
reductions in fire flow will be ganted for buildings protected throughout by an approved
automatic fue sprinkler system.
� 28.Based upon the required fire flow for Type VA and IA construction type; a minimum of 7
' fue hydrant(s) aze required to serve this project. Existing public Iiydrants may be used to
i
fulfill this requuement, however at least one new public hydrant will need to be added
' alone the easf side of Third Avenue at the northwest end of the building due to distance
' fo th�e next exiting hydra�t along T'hird Avenue.
29. F'ue Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C. For a fire flow reguirement of 6,906 gpm, fire hydrants shall be spaced at an
average of 250 feet.
� 30. Knox boxes shall be installed at all stairwell entrances, the lobby entrance, the resident
lounge enffance, the fire control room and for the commercial space entrance in
accordance with Chula Vista Fire Department (CVFD) details. Any auiomatic gates that
restrict vehicular access into the parlcing garage shall be provided with a Knox Key
S���itch.
31. Tne fire sprinkler riser and fire alarm panel sl�all be located in a fire control room that is
accessible directly from the exterior of the building. The Fire Con�rol Room shall be
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dinensioned �n ac;o;dzace w�ta C\%FD sanaard deizil aad ]ocated zlona the Third
i Avenue or K S¢eet exterior walls. The �i:e Con�rol Root*_• caanot be used for an�2hin�
besiees the fire rise;(s)�d fire ala.-n controi panel.
.` �2. A °os Indicating Valve �hzt conuols the supply of the fire spn:nkle: sys[em u�iil not be
; required fo: �his project due to the zero lot !ines alon¢ Third and K; however, a con�ol
� valve shal!be installed on the fire sprinkie*riser.
3 3"s. The Fue Dep2rtnent Coenecaon (FDC) is allowed to be located oa �e �ace of the
' build�g due to zero lot liaes. The FDC shatl be wzrhin 50' of z fire hydrant Consider tlus
; when locadre ihe f•�e contol room as the FDC is n�pic211y locatzd close to v'�e system
riser.
34. At leasi one elevator ca;sba11 be dimensioaed to accom�rnodate a g,:mey in accordance
HzLh CBC 3002.4(a).
VII. GOVEBIv34£NT CODE SECTION 66020�OTICE
Pursuanc to Cioverilment Code Sec�on 66020(d) (1), r�OT10E IS I�REBY G?VEN that the
90 cay per.od to p*otes. the imposition of a�y impact fee; dedication, reserv2tion, or other
exacrion descnbed ia ±his resolu�on beEirs on :he effecrive date of this resolurion and any
1. such protest mus: be in a manner ihat complies with Section 66020(a) and falure to follow
tmely this a:ocedure will baz any subsequent leezl action to aaack set aside, void or annual
� impos:tion. The nght to p:otest the fees, dedications, reservations, or other eractioas doEs
� not apply to plznning, zonin2, grading, or other similar applic2rion processing fees or sen�ce
fees in connecaon with the project; and it does not apply to any fees, dedication resernazions,
j or other exactions which have been given noiice similaz ID this, nor does it re��ive challenges
_ to zny fees for wbich the Stamte of L.mitations has previouslr' expired.
VIII. Eh�CUTION.AND RECORDATIOI�T OF RBSOLUTIOr' OF.4PPROVAL
I'he Proper.y owner and the Applicant shall execute this document by sig�ing the lines
provided below, said execu5on indicating tiiat the propery ow�ner and Applicant have each
:ead, :mderstood, znd zgreed to the conditions contained herein. Upon execution, this
document shall be recorded w-ith t:�e Countv Recorder of rhe Countv of San Dieeo,at the sole
expense oi the property owner and the Applicant, aad a siened; stamped copy of this
recorded document shall be rerumed w2thin ten days of recordaaon to the Citv Clerk. Failure
= to record ?his docuneni shall indicaie the property ov,ver and Applicant's des'ue that we
Project and ihe correspondin� applicarion for buildiag permi�s and/or a business ]icense, be
held in 2b:yance without appro�•al..Said doe.iment ��ll also be on file in Lhe Ciry- Clerk's
Office and known as Doc�znt I��o.�`!�I S— 6 O !5.
Resolution No. 2016- 177
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�. PC Resolutlon-DRC 15-0015 �
, Iune 22,2016
. Pa�e 12
�
I � C)t�� ��!1�1U'/ �
I Signatu iofApplicant Date
l—�����i�i M�.,�i
Printed I�rame of Applicant
I
al 0CA I 3C?� i lL'
Signatur o ropeRy Owner Date
I
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H-�rn i d ivi���-,i
Pnnted t�ame of Applicant
IX. II�rDENINITY�RO VISION
The Property Owner and Applicant shall and do agree to indemnify, protec� defend and hold
iharmless City, its City Council members, officers, employees and representatives, from and
� against any and all liabiliues, losses, dama�es, demands, claims and costs, including court
costs and attorney's fees (collectively, liabilities) incurred by the City azising, direcdy or
indirectly, from (a) City's approval and issuance of this Design Review Permit and(b) Ciry's
approval or issuance of any other permit or action, wliether discretionary or non-
discretionazy, in coanection with the use contemplated on tl�e Project Site. The Property
� Owner and Applicant shall acknowledge their agreement to this.provision by executing a
copy of this Desi� Review Percmt where indicated below. The Pioperty Owner's and
1 ApplicanYs compliance with this provision shall be binding on any and all of the Property
� ONVer's and Applicant's successors and assigns.
' X. CONSEQUENCE OF F�II,URE OF CONDITIONS
j If any of the foregoing conditions fail to occur, or if tfiey are, by their terms, to be
implemented and maintained over time, if any of such conditions faii to be so unplemented
and maintained according to their terms,the City shall have the right to revoke or modify all
approvals herein granted, deny, or furtber condition issuance of all future building perm;ts,
deny, revoke, or fmther condition all certificates of occupancy issued under the authority of
i approvals herein �anted, institute and prosecute liti�ation to compel their compliance with
#� said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
i da��s in advance prior to any of the above actions being taken by the City and shall be given
ttUe opportunity to remedy any deficiencies identified by the City v,rithin a ieasonable and
, diligent time frame.
�Z.INVAI.IDITY;AUTOMATIC REVOCATION
It is the intention of the Plannine Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term; proeision and condition herein
stated; and that in d�e event that anv one or more tecros, pro�2sion, or coneitions zre
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Page t3
dete:-nined b�• a Court of competenc jtuisdiction to be im�2lid, iilegal or eneu�°o��ble; this
� resolution shall be deemed to be autonaacally ;evoked aad of no fu:[her fo=ce and eMect ab .
� iniva.
� BE IT FliRT1�R RESOLVED, that the Ciry of Chula Vis*a Planning Comnission does
hereby approve the subject Design Review (iJrban Core De��elopment) Permic DRC15-OOiS
I _`or 71 residen[ial uniu, 616 sauare-feet of con„-�ercial unit 142-pazkine space g�zge, ac�ve
i and passive op� spaces, and *_he �,seciat:d access and ci:culation elements 795 Ihird
Avenue subject to tbe conditions o;appro��zl contained hereia.
i
i
I Present,p-il - Appro��ed as to io�by:
_ �
�
I�el�� ou ]en R o0
D'uecto;o� evelonmeni Services -v A�t mey�)
i
` P?SSED .A�\'D APPROVED B� THE PLA\�'IIvG COMA/iSSION OF Tf-� CITY OF
� CHL7,A��ISTA, CALIFORNI.4,this 22nd dzy of June 2016, by:he foLowing vote;to-w:t:
� AY�S: tlnzya, Fuentes, Gutie:—,ez,Na��a, Calvo
� I�TOES: Liuz:
3BSE\'T: Fre¢oneno
° ABSTAI?�T: n/a / �
i
; Yola o, air
� A ST:
� �
� Pa�icia Lau�hl�n Boazd C cretary
:
;
Resolution No. 2016- 177
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� EXHIB(T q
sr - '
MASONIC SF
7EMPLE SF SF i
SF �
SF - SF SF ���
SF SF SF \ j
U.S. � THIRD SF SF SF I
:::ENUE
POSi P�n SF SF SF �
OFFICE SF SF SF �
� DL4MOND SF SF SF
SY '
CLE4NERS P�ING SF SF SF SF
HIRD AVE . LOi
SF SF SF
VERDE ��QUO OFFICES SF SF SF
PARK SF
APARiMENiS - SF SF :
SF SF
- OFFICES SF
MEDITERR4NEAtJ qpN SF I.
GARDEfJ 5733711200
?PqRTMENTS �N ,
��PM 5733712300
8 � SF SF
ALVA MINI MART PROIECT
GARDENS S
APARTMEN7S EG' �P LOCAIIO�
RE LS
BANK i
�F GREEN I
AMERICA TREE j
JACK
FOUNTAIN !
�B�XE APARTMENTS j
\ CHULA VISTA i
„\„Q�rZ � OFFICE CENTER i
AU�ODY i
PINE PA i '
VIS7A �
,4r'ARiMENTS SOUTH 6AY
GUIDANCE
CENTER
WELLS
FARGO
BANK
i
CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT �
LOCATOR P�°�=°T Vista Del Ma� PROJCL��ESCRI?iqn:
���-�-^"T DESIGP9 REVIEW
� '3o i=_cr �'EC Third Av 8 K S; Pro;eU Summary: Proposal la 2 rtixrJ use:r5 stary,71 ewndo unis ni�i ci6 sq .
Foo4ess: APN's 5753771200&5733712300 ,y of mmmercial spaae and i42 helrnvQrzde ox:Y.ing staa5-
SrqLE FlLENUId9e.R:
NORTH No Sc21e DR15-0015 '�elat�o�ases:
���P�,.m���.,�.�����_E���:�:��,s o...z�
Resolution I�'o. 2016-177
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PL.�1Z�'G COD��IISSIO\ RESOLLTION\'O.PCS-IS-0OOb i
RESOLliTION OF THE PL.4N\L\G CODii1�IISSION OF i
� THE CITI' OF CHUZA VISTA CO\'SIDERING THE ,
ADDE\�II�4 TO liRBAN CORE SPE,CIFIC PZAN FL\AL I
Ei��'II20\'AfE1�I'AL IA'II'ACT REPORT A.\���IITIGATION I
� D40�TTORL�G AI�� REPORTL�'G PROGRA�I4.FEII2 06-01 I
:�\� ?.PPROVL�r.. TENTATI�'E SUBDIt7SIO\ 11LAP �
I PCSIS-0006 TO CO�1BL�'E TR'O PARCELS L1T0 01`E ;
C01�O1�LII�TLT1 LOT FOR 71 RESIDENTL�II, L1TTS A�1-D �
O\� COA�RCL4L L'\TT FOR LNDIVTDU.�I,
O�iT�RSHIP AT i9� THIRD �VE1ti�, SUBJECT TO THE �
C0IDITIONS CO\�',�*ED HEREIN ;
' �
� I. RECITAL,S �
'
V�'�FIERE?.S, the pazcel of land which is the subject matte:of this Resolntion is de�icted
; in Exhibit`:A,"attached hereto and iacorporated herein by this re`erence, and for the pa�ose
� of eeaeral descrption consists of 1.0� acres located at 79� Third Avenue, as idenufied in I
Coenty Assessor Records zs Assessor's Pazcei Numbers (APA� 573-37i-12-00 a�d 573-"s71-
� 23-00 (Project Site);and
R'HEREAS; on Iune 1 fi, 2015 duly verified applicaaons for t;�e Vista Del Maz P:ojec2 �
:equesdne approval of a Tentative Subdivision Map (PCS15-0006, Chula Vista Tract No.
i5-0�; Desi�u Review (7Ri�-0015), aod P:eliminary Environ�ental Review (PERl�-
0004), �{-ere filed with the Ci�� of Chula Vista Development Services Depsrtment by Niki
Properties; LLC ("qppGcanY'and`Owner"); and
R�RPAS, said Applicant requests approval of a Tentative Map to subeivide 1.05
ac:es into a one-lot Condomiruum Subdivisioa, including 71 multi-fa.-nily residential uniu, 1
� 616 square-foot couunercial wit, I?2 pazking spaces and 77;646 squaze-feet of public,
common and pm-ate usable open space, (tbe"Project"); and
� R'I�RE.AS, a hearing time and place ��as set by the Plan.*ung Commission for
� considerznon of the Project and nolice of said hea:-ing; toge[her wi:h its purpose, was gven
� by its publication in a newspaper of�enera] circulazion in the City,aztd 3ts mailin2 co propery
ov.ne.s and residenu within 500 feet of the exterior boundaries of'ue propem; at least ten
1 (]0)days prio:to the hearing; and
�
� R'IIEREAS,[he duly called znd noticed public hea�ing on Lhe P;ojeci was held before the
Piaanin¢ Co�vission on Jene 22, 2016 in the Council Chas.be:;, 276 Fourt� Avenue; at
( 6:00 p.�. �o hear public testimony znd staffs' presenta�ion; aad considered '1�e z�plicariors
Ifo*the Prelimin2rv Environmeai2l Revie��(PERI�-0004) and 7'eniative Maa(c CS15-0006).
I �OW', rI�REFORE BE IT RESOLVED by t�e Plannine CoaLV:ssion of he Citti o�
Ch�ila tiisia'uat it does hereb�und aad deterznine as follows:
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Resolution No. 2016- 177
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� PC Resolurion PCS15-0006
; Slme 22,2016
Page 2
II. EM�IRONMEhTAL REVIEI��
That the Chula Vista Planning Commission, in the exercise of its independent judgment
1 as set for�h in the record of its proceedings, considered the Preliminary Environmental
Re�iew of ihe Project conducted by the Director of Development Services for compliance
� c�:th the Califomia Environmental Quality Act (CEQ.A), and has deternrined that the Project
{ wzs covereti by the Urban Core Specific Plan (UCSP) Final Environmenta] Impact Report
and Mirieation Monitoring and Reporting Prograzn FEIR-06-01, adopted by the Chula Vista
5 City Council in Vlay 2007. The Development Services Director has determined that only
� minor rechnical changes or addiuons to FETR-06-01 aze necessazy and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calline fo: the
prepara[ion of subsequent documents have occurred; therefore, the Development Services
D'uector has prepazed an Addendum to UCSP FbIR-06-O 1.
Thai the Chula Vista Planning Commission, in the exercise of their independent reaiew
and judgment as set forth in the record of its proceedings, considered the Addendwn to liCSP
FEIR-06-01 and Mitigation Monitoring and Reporting Program, in the form presented,wluch
has been prepazed in accordance �vith requirements of the CEQA and the Environmentai
Review Procedures of the City of Chula V ista and does hereby adopt the Addendum to UCSP
FEIR-06-01.
III. DEVELOP��fE7�TT EXCEPTT0I��S
�
The UCSP provides for and authorizes the Planning Commission to grant exceptions to
the land use and development rep]ations, in order to encourage and achieve innovative
I design. The Project is requesring one exception to the FAR limit in ihe amount of 0.5 or
approximately 22,738 square-feet. Exceptions may be granted by the Planning Commission
in cases where alt of the following findings are made:
1. The proposed de»elopment mill no! adversely affect the goals and objectives ojthe
>� Spec�c Plan and General Plan.
7 2. The proposed development will comply with all other regulations ojU2e Spec�c Plan.
3. The proposed development will inrorporate oixe or nsore of the Urban Amenities
Incentives in section F - Urban Ame�zities Reguirements and Incentives, of this
'� chapter.
i4. The exception or excepiions are appropriate for this Zocation and will result in a
� better design or greater public benefit. than could be achiei�ed through strict
� conformance witl7 the Specific Plan developnvent regulations.
;
� FAR Exceotion Findines
I
i
BE IT FURTHER RESOLVED, that the Planning Commission hereby approves an
exception to the F_AR limit of 1.0 in the amount of 0_5 or 22,735 squaze-ieet b�ced upon tl�e
followieg Findin�s and substantiating facts thereto:
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=C nesolution?C51 i-0006
?ime 71.2016
Pzge 3
?. Tne pro�osed develoamenr will not arlve�sely a�ect the goa?s and objenives of the
SDec!;?c P[an and General Plan.
� Ihe goals and objecrives of�z General P�an and Specific Plan ue not adversely a�'ected
j by the p:oaosed 0.5 iacrease in F.AR. On the concary; �he Project as proposed �plements
: tne Genen.l Plan and Specific Plzn b}� p;o:�ding a mixed use :esidentiallcommercial use at
� rhe Come*of I'hid Avenue and K St;eet ?he ;ntent of the General and SpeciSc?lans is to
� faciitate znd enco"�e develo�ent aad improvemen*s tha: will help realize the
, coc�nni}� s eision for �he U:oan Co.e azea The Urban Core and the C1 District aze
� em�isioned to oe �nb�ant forwzrd-thirilcing but respecrfiil of iu past and alive with thriving
busiaesses, attrzcrive housine 2nd entertainment, cuitural and recreational acuvities. Ihe
lirban Core Vis:on ai�-ns to create a uniquely identifiable lirban Core for Chila Vista Lhat is
an economiczlly vibrant, pedestrian-oriented znd mula-puzpose destination. The p*oposed
Proiect meets the goals and objectives because it brings inprovements and community
benefits to 2n a�ea of T}urd Avenue which is ca*rendy under-per_`orming and not living up to
the stated vision-of the Spec�c Plan. This project has the potential to spur addirional
development along rhe Third Avenue comdor N�ith additional community and economic
benefiu. The proaosed Project provides wide sidewzlls and a public plaza that will create a
pedes-�rizn-friendly environ�-nent and foster civic enga�ement in a melri-pispose
� znvuonment Tne builain� mass and form allows the Project to have the number of
f ;esidential uirs and we associated parking, landscapine, :ecreaaona] spaces aad other
features .that a:ovide a multi-purpose em�ronment and acri��ities to meet the goals and
j oojecuves of the General-2nd Specihc Plans.
? 2. The proposed developm.enr will comDly with all other regvlar'ons of the Speciiic Plan.
;
f
� :�s iadicaied in the Development Sanda;ds table in the stari report, the Proiect complies
w�ih all other developmen:stand2r�znd regulations of the Specific Pla.*i. 'Pse buld��g has a
� hei¢ht that varies from 34`eet along K S'seet and z heieht o:57 feet along Third Avenue (the
buileins oa:apeu__and elei�ator sha�R achieve a hei�t of 60 feet, w•hich is the m�imum
permitted b��the UCSP). T'he building setbacks aze within those requued by ihe UCSP. The
i Project pro�ides a11 the required paz}dng on-site and enclosed within ihe buildi�e structures
in we unde=gro,�d and fi*st fioor levels, ane provides 14 addiriona!pazking spaces for guesu
� o: the residenu. Open space aad Landscaped azeas aze also provided in excess of the
3 minimus:req�.ired.
�
The buildiag foan respec's the properties in the adjacent R-1 Zoae to the nor[� and east
� oi tne Pro}e:t Site alono Chu;ch Avenue bq loca?eae the secone floor tezace and balco:ves u
'. faz au•a�• as oossible from the p;operty lines, zd pro��des hez�v sc;eening by landscaping
i the.perimetzr o?the s•�lc�:re. Ihe 3 to �-story builcine strucve w�as desiened to plase most
oi the buik znd mass aone Th:rd Avenue and K Srseet and zs :az as possible from the
propem� iu�es ef ihe sinsle-fas,il�� homes. :�s recLired in the V-I'CD :egulavons the buiidin�
zlso reps bzc't; �or,� ?he adjacent :esiden*ial properies aler:� C�urch A��enue; resultin� in a
:ednced bu:1�=.0 �ySS and ?�ei�ht near the -esidential properties; 2s v:ell zs: distancing the
Project as m��ch as poss;b!e from cae:esident;al p:oaenies.
Resolution No. 2016- 177
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: PC Resolu�on PCS 15-0006
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T'he UCSP's Special Provisioas for the NTCD indicate that "Building desig�s shall be
cognizant of adjacent low densiry uses and avoid balconies orerloo/dng rear yards." The
� inteni of this provision is not to do away witl� 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 properry lines by as much as
i, 49 to 59 feet. Also, dense and tall landscape materials have been provided along the east and
� north perimeter to screen the homes from d'uect vie�v of the balconies. «�hile the ATTCD
i piovisions indicate thai balconies should be avoided, balconies aze sti11 an important design
and funcfional elemenu of the liCSP and the Proj ect. In fact,the UCSP provisions for multi-
family projects encourage the use of balconies and other features to achieve quality building
Idesign. One of those pro��isions is the following: "Three dimeizsional design features, such
j as balconies and bays should be incorporated into the Guilding design. Balconies serve to
� provide building facade ar[iculation and interest, and they serve to provide usable
open/recreational space. Building fa�ade articulaUOn and intetest are important elements for
a project such as this one, v.�hich is part of an urban setting where the buIlding azcJutecnue
iatends to improve the face of Third Avenue and become a new azchitectural landmark.
Balconies are also imnortani zs a source of recreational space in an urban setting because
they pro�dde recreational space on site. ��hile balconies remain as part of the buIlding
i ele��ations, the desi¢n issues (particularly privacy) associated with them have been avoided
through the described Project features.
3. The proposed development will incorparate one or nzore of the Urban Amenities
Incentives in Section F - Urbm1 Amenides Requireinents mid Incentives, af this
� chapter.
? Tbe Project incorporates the following three amenities, aze fully described in the staff
1 report: all requ'ued pa:king (on-site and enclosed);public outdoor space in the fomi of plaza
with art feature and fiuniture; and LEED Gold Certifica[ion. Additionally, the Project
' includes oihez amenities and community benefits as £ollows:
i
The Project will provide fourteen pazking spaces that exceed the pazking reeulations and
t provide guest pazking spaces within tbe pazking garage. The proposed Project uill provide a
community landmazk at the P*oject Site in the form of a public art mural on the norih facing
? wal] of the building. The mural �vill not only serve as a piece of art that will complement the
i
buildine's architecture, it will also serve as a landmark that may be used to identify this new
' buildin� in this azea of Third Avenue; since no other art pieces like this exist now. Per the
? community input received at the Second I�Teigbborhood Meeting, the mural could refleci the
{ history of Chula Vista or important historical events in the City's past and looking towazds
the future.
�
The enhanced street improvements for the Project include a widened side�valk along
Third and K Street new pavin�, street trees in grates; and street fwniture such as benches;
trash cazis and planters. Additionally, this residentia) development w�ill procide more options
for clean; safe; euer�y efficient and modern housuig for the Chula Vista�vork:orce. These 71
dwellin� units ���ill put more people on 7 hird Avenue to support th> sma11 ousiuesses loca�ed
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Resolution I�'o. 2016-177
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Page I�TO.Zg
. . PC Resol.mor,PCS 1�-0005
� :`..neZ'�,20i6
P�eS
� . t�e*e an3 to crezte a nore pedesu;za-friendly sffeet a�nosp;�e;e.
� °.. 7'ne ezception or exceptions are appropriate jor this loca!ion and will result .•'n a
' bener cies�n or �rea;er puolic benefit than could Se achieved throvgh stricr
; corr;ormcrce with the Spec�ic Plan developmenr regulations.
;
The adciaonzl FAR of 0.5 is 2ppropriaze for this ]ocation because it w�ould allow the
� P;ojeci to co�ph with the eoais and objectives oi the General Plan and Specuic Plan related
' to b:inging a mixed ise projeci w�;h sufficieni residenua] units a�d cocv-nun+_ry ameniaes to
pro��ide housiag; activate the steet and suppo;[ the existiag com�erciai base. The C1
Districi is characterzed 'o}• ha��.ng mostly retail znd office uses. R'hile there aze abo�t five
p;opemes in rhe Dis2rict with residential uses; these properties only represent about 4% of
ihe total Distict area. Gene:a! Plan policy calls for some additional residenaal development
w�u�in the Ci Dis-u-ici to support the existine anci future commercial deve.lopment ?t hzs
been estlaiated by staff wat the appropriate residenval acreage that could potenrially be
developed wi�the Disu ict based on tbe Generzl Plan policy is 2pproximately 40% of total
azea. That pereentaee woutc be translated into aparo�cimately 21 acres. The proposed
Project FAR of 2A. (91,3^5 sq. fr.) represen+s a�proximately 9.�% of ihe totai potennal
residentiel czpacity within the Cl District
! The P:oject's F.4R of 2.0 is appropriatz for aa urban mixed use development and is in
line wich development t;ends elsewhere in the lirban Core azea. The maximum building
� beiyht is � stoaes aiong the Third Avenue elevation (60' trigh as allowed-by the Gi zone)
and 3 stories alone the K Street ele��ation. "Ibis building configisacion places tue most mass
� and buik a1on2 the I'hird Avenue and K Streers elevatioas, away from the e�sting low
� density residen�al. The Applicant has revised the Project and has taken measures to reduce
the buil�ng m.ass aad add:essed coa�nuniN concerns wzthout reducing.the viability of the
project. Furthermo:e, the fo*m-bued natue of the t?CSP ensures that the p:oposed
de�elopment emphasize tue ;mportance of site desi� and building form (which lzs. many
' years) over nu_*nerical pazamete:s sucb as F.AR(�hich aze likel}•to change over time throug.�'
;
; periodic reviews and an=ndments to :he UCSP zs required b}' law�, and based on changes to
; the phvsical conditions of the lirbzn Core and chanees in economic acrivity). The proposed
I eevelopment c:ezTes a people acvvz.ed; urban comer that con:ributes to the cin�`s goal of
� "Cemplete St�ts" and enbznces the public realm chrough improved steeuczpe desien and
j individual buil3iag chazacter.
N. V�'AIVEZ OF PLBLIC F:�CILi I IES FINAtiCtT'G PLAN
;
� BE IT FLi.THER RESOLti�rD, tuat pursuant to Chula Vista A�unicipal Code (C�?�fC)
19.09.050; he Plaaing Corr�ission bereby fi�cLs thac�he requiremen? for a Public Facilities
� Finzncing PI� ;s hereby H�sived because :he Proiect is in511 de�•elopmert located in a
dzveloped po�:on oi the C:n w�e;e adequate public �acilities eacist o: ��ill be provided
concu.-reat:r�;`deezlopment of�he P;oject Site, therefore.bere aze no public ser��ice; ;aciiiry•
o=ph2sir_e aeeds:hz:was;ast the prepa:atior of a P��blic racilities Financine?lan.
Resolution No, 2016- 177, .
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Page No 29 _-----
. PC Resolation PC515-0006
� June 22,?016
Page 6
V. TENTATIVE SUBDIVISION MAP FINDINGS
' A. BE I7 FURTHER RESOLVED, that pursuant to Govemment Code Section 664735, the
j Planniag Commission hereby finds tl�at the Tentative Subdivision Map, as conditioned
lierein for the Project is in conformance with the elements of the City's General Plan, _
Ibased on the following Findings and substantiating facts thereto:
I L Land lise and Circulation
I The Genera] Plan land use designation is the Mid-1'hird Avenue District, which
permits o�ce, commercial and residential uses, and is also regulated by the Urban
! Core Specific Plan (UCSP), wbich further refines and implemenu the General Plan.
The Project Site is designated the C] Corridor Third Aaenue South District by the
!, UCSP, which permits mixed commercial.and multi-family residenfial uses pursuant
to the UCSP development .standazds. T'be Project would provide a mixed use
development of 71 multi—familp 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 projecf amenities aze provided. The Project has been desiened
to comply with tbe requirements of the UCSP. A1so, tlie Findings required for the
exception to increase the proposed FAR to 2.0 have been made and substantiated
herein.
� The Project has d'uect frontage on K Street; which is a residential s�eet that p:ovides
i access to Third Avenue, which is designated as a 4-lane Class 1 Collector S�eet in
� the Genera] Plan. Third Avenue will be improved by the Applicant, in accordance
� wiih the conditions of approval, to provide sidewalk and landscape improvements in
� compliance with City design standards and requirements. Projects proposed for t�'�e
I �vestern Chula Vista azea are also requued to pay tfie Western Transponation
I Development Impact Fee prior to Building Permit issuance,to pay their share of costs
associated�i-ith future road construction in the area.
2. Economic Develo�ment
The Pioject will provide 71 new, high-quality, energy-efficient multi-family bomes
� that will enhance the image and appearance of the neighbodiood, help revitalize the
! commercial businesses in the azea, and create jobs related to the construction and the
? use of the Project, that wil] benefit the local economy. The Project will provide new
; rental and for-sale multi-faznIly housing in a commercia] azea that will improve the
housing mix and enhauce residential and commercial opportunities in ihe
j nei�hborhood. 1'he Project Site location neaz tbe intersection of Third Avenue and K
Street will provide convenient access for residents to neazby public transportation,
� jobs, schools, and commercial services. The development of the site wIll also increase
a the amount of property tax revenue to the City. The Project will be constructed usine
; green building and landscaping features that comply with the Cal Green Buildin�
'j Standazds. Thus, approval of the Project will help achieve the General Plan objectives
[hat seek to promote a ti�ariety of job and housing opportunities to improve the Citv's
jobs/housin� balance, p:oeide a diverse econoinic base, :�d encourage ine grow�rh of
, small businesses.
;
�
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�c�e�h�on?csts-oo�
7.me Z"�,2016
?�ei
3. Aiosc=aci�ries and Services
T'Se P;oiect Site is located in he a�tendance area of the Rice Elementar�� Sc�ool.
«��Sin :he bounda-ies of the Chula Vis[a Elementary Schoo! Dis2ict Ihe Project is
also ai-�h:a the a�tendance azea of Chula Vista ?vM�ddle Schoo! and Chula Vis?a Hieh
School, k��hin tne S�zetwater union High School Disvict Both school cisu-icts
responaed that they would be able to accommodate the addiaonal srudents aenerated
? bv�e Projecy and tha: the schools would not be adversely i,-npacted b��rhe�app;oval
of the P;oject.
The P=ojeci Site is with;n the boundaries of the Cin� of Chula Vista wutewater
s:roices zrea T'he e�suag sewer fac:l;rv system includes as� existin¢ 4-iach public
sewe* �ain 1•�e located albog the southwest nrope;cy line of the Project Site. New 8
inch se�ier Iate:als a;e proposed :o service the Project. No adverse i�pacts to d�e
Cit7 s sewer svstem or Cin�'s sewe; th:eshold standards will occur as a result oi the
- proposed Project.
' The Projeci has been condi5oned to ensve that all necesszry public f2cilities and
services will be av2i12b1e to serve the Project coacurrent w�ith the demand for those
services. The Cicy En�ineer and Fire Departmenu have ;eview�ed the p*oposed
- suodivision for confo�ance with Ciy policies and have determined that tbe proposal
m:zu those standa:ds. The proposed Project would not iaduce significant population
grow�h, zs it is a mixed commercial/residential infill project and would not adversely
impact existin� or proposed pazk and recrearional facilities. The Project has been
coadic;oned to pay Pazk Acquisiuon and Development Fees prior to issuance of
Building Permi?s. Project conscucuon µill be required to comply writn the 2014
� Czlifornia Green Buildine Standazds, the Cal Green Building Standards and the 2013
Califo:nia Eneroy Code. In addition, the Applicant will construct the Project io
1 compl7 with LEED Gold standazds, and therefore energy-efficient multi-family
; homes will be developed.
4. Housin¢
3 Ihe Pioject will be �anted FAR bomses and eKceptions specified herein and
therefore is consisunt with the FAR aad densiry prescribed wiilvn the UCSP C-1
Ca:.ido;s Di�ict zo*ung, and ��ill pro��ide additional oppommiries for hieh-quality,
' mazket-;ate multi-fami?}' residential home ownership m the southwestem poraon of
; �e C n�. The Project Site is subject to the Balancec Communides -Affordable
; Houing Program of thz Ciy`s Housine Element. For all new residenria! projecu
'� consistine of 50 or no:e dwelling uuts, 10% of tSe units shall be affordzble to low
and moderzte income households, wid� 5% for lower income and 5% for moderate
� iacome. Pu:suant to this pro¢ram, �he Projeci w�il! be requred to pro��de a :otal of 7
k !o��and moderaze affordable uaiu, or pa��2n in-lieu fee.
�. G;o�i�th?�-fznaaeme.-:i
T'ee Psoject is in compliance �3ith applicable G;o��h \4anaeeseat Element
reGUirz-ient because it ;s an infiil project chai �i�il be szrverl bv exis"�g peblic
�sa-uare. T�e=e aze no public services, facili!ies, or phasing needs tha� warrant
tt;=_ p:eparaT�oa of a Peblic Faciities Finz�c:ng Plaa.
Resolution No. 2016- 177
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' Page No. 31
PC Resolution PCSIS-0006
� June22;2076
Pa�e 8
6. Environmeatal
j The Project includes mulu-family homes with common and private usable open space
I that exceeds the minimum common usable open space requirements of the liCSP.
IThe Project Site is currently developed with commercial structures that will be
Idemolished in accordance with applicable state and local]aws to protect residenis and
i cvorke:c from expos�se *c ha>.�rdous materials. The Project wil] be conditioned to
m,nim,�e potential impacu to adjacent resideuts &om noise and dust &om
�' construction and erading activities, to the maximum eanent feasible. The
Development Se;vices Director has prepazed an Addendum to the UCSP FEIR-06-01,
iin compliance ��.iih [he CEQA. Potential siguificant unpacu to Landform/Aesthetics
(includin¢ v�sual chazacter and light and glaze effects), Air Quality, Hazards and
Hazazdous Iviatenais, Noise and Traffic wil] be mitigated upon completion of the
h4iti�azion Measures speciSed in the UCSP FEIR-06-01 Ivfitigation Monitoring and
Reperting Program; which are required prior to issuance of the Final Map, Grad;ng
Plen, or Building Permits for the Project. The Planning Commission finds that the
develepment of the site is consistent with the goals and policies of the City's
Conservation Element.
B. That pursuant m Govemment Code Secrion 66473.1, the configuration, onentation, and
iopogaphy of tbe Project Site allows for the optimum siting of buildings for narural and
� pzssive heating and cooling opportunities; and the development of the Site wnll be subject
i to Building Permit review pursuant to the 2013 California Building Code as amended and
updated, including Cal Green Building Standazds, and the 2013 Califonua Energy Code,
j to ensure the maximum utiiization of natura] and passive heating and cooling
` �PPortunities.
I
i C. That pursuant to Go��emment 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
nscal and enviroumentai resources.
' D. That the Project Site is pbysically suited for residential development The Project
proposes to develop a level propeRy that is developed with commercial structures, and is
, located on Third Avenue, a Circulation Element road, at the intersection of K Street. The
Project desi�n makes full utilization of the ]and, ]ocates the building with convenient
access to Third Avenue, an on-site parking garage, and to on-site common recreational
� amenities and open space azeas. The Project Site is adjacent to coaunercial uses on the
,' north, south and west, and residantial development on the east. Thz proposed Project
design takes advantage of the ]ocation and chazacteristics of the Project Site to provide a
jmixed use building at heighi 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
H�est. The P;oject Site also has convenient access to tLe 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 residentia( development.
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Resolution No. 2016-177
- Page I�'o. 32
PC Resolution PCS i 5-Wpb
lune Z'�,2016
PL°3
«. �r-ram-� hs�r GE?.��.aL,co�.r�rnor s oF .arDROV:�r,
' A. Project Site is Impraved wizh P:oject
i Tne .�,pplicaa�. or his/her successors in interest sball impro��e the Projec: Site w7th ihe
Project as described in i�e Tentative Subdi��sion Diap, Cbula Vista ?ract No. 12-07,
loczted at 79� Thi:d Avenne.
� VII. SPECLAL CONDITIOA'S OF APPROVAL
� .4. The conditioas imposed on the Tentative Map approval here+.n aze appro�ately
Ipropomenal both to the nature and exteat of impact crezted by the proposed Project.
tinless o�herc�rise specified, all condicions znd code requirementr listed below shall be
fiil]v compieied bp the Applicant, Owner or Successo:-in-Inurest to the Director of
Developcient Se:cices; or designee's, sa�is:acuon pno: to 2pproval of the Final r4ap,
unless otherwise speci.5ed:
G�-ERAiI DE�-ELOP?�4ENT SER�ZCES
1. The Projeci shall comply with the City of Chula �%ista Standard Tentaave D4ap
Conditions, described in Section � of the City Subdivis;on Mznual, as approved and
amended from time to time, to the sarisfection of the Director of Development Services
; znd C+.ry En�ineer.
; 2. :�pplic�nt shall pay in full an��uapaid ba?aace fo:che P:ojec� including Deposit Account
� tio. DQ3021.
i 3. 'I�e Applicant shall implement, to the satisfaction of the Director oi Development
� Services and the City Engineer, the mirieatioa measures identified in :he Urban Core
j Specific Plan(UCSP)Fiaat Environmentzl L-npact Repbrt ane Mitie2tion ilonitorine and
� Rzpo_ung Proeravn FEIR-06-Olfor the Projec� wi.hin the time5�me specified in the
I�1i�1Ri.
; ". The Finai Map shall incluae an eainibit delineating the open space and improvements to
be aaintained "o��the Aaplicant Homeowver's Associa�ion or other entin�; inclu�ine :he
public piaz2 comJnon open space azeas, lanascapiag, and bio-retention azeas, to the
t satisia�on o�tne D'ueccor of Development Ser��ices and Cin'Eng;neer.
i
i �. Pror co issi:ance of the fusc Bu:lding Permit ;or the P:oject we App!icant saall obtain
': approval of Desip Re«eH Permit DRIS-001� and construct the Project in compliance
; with�he�proved Desiea Re�iew plans aad cond;tioas of approcal.
�
1
; 6. Ihe Cij� o` Chula Vis�a Generzl Plan Ho�.is:e2 Element esablished Policy 5.7.1 (the
` "Bzlaacec Coa�Lnitv Policv°), �vhich requ;.es the occupanc� and affo;dability of ten
perceet (�0%) o:ezch hosing de�eiopmeat o:`�0 or more w�ss for low and moderat:-
inco*ne�oweholds, «i:2; � !ast one hzL o:those uni`s (�% of project :o'a1 �-vs) beiag
desi=aaced for lo�-inco�e ;ouseholds (cF,e "At�o:dabie Hous:ne Ob�ie3?i0:1 �. L1
Resolution No. 2016- 177
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Page No. 33
PC Resolunon PCS I 5-0006
June?2.2016
Page i0
sarisfacbon of the Batanced Communiry Policy, the Project Applicant shall execute an
Affordable Housing Agreement prior to the issuance of the 5rst Buildine Yermit. Szid
Affordable Housing Apreement shall be recorded in the Office of the San Diego County
Recorder over the entue��of the Project Site. The Afferdable Housing Agreement shall
provide that 10%o£the tocal number of qualified low income (5%)and moderate ho�sing
units (5%),which equals a total of 7 low and moderaie income uniu, shall be cons*rscted
on site or pay the Lz lieu fee of 5124;220 per unit. The trigger point to pay the in?ieu fee
is determined by the City Manager and City Attomey or their desigaees.
LAI�TD DEVELOMEI�TT DIVISIOI�'/GENERAL COMI��I�TTS .A1VD FEES:
7. Ihe iollowing fees shall be payable prior to issuance of Building PermiG, based on the
Final Building Plans submitted:
a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Developmer.i Impact Fees (PFDIF)
d. ��Jestem Transportation Development Impact Fees(WTDIf)
e. Other Engineering Fees as applicable per the Master Fee Schedule
i S. Additional deposits or fees in accordance a�th the CiTy Subdivision 1�4anual, and Master
iFee Schedule shall be requued for the submittal of tbe followin�items:
Ia Gradinp Plans
� b. Street Improvement Plans
c. Final Map
9. Payment of the Pazk Acquisition and Development (PAD) Fee per dwelline unit shall be
paid prior to the issuance of the fust Buildin� Permit in accordance wiih 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 thz Engineer Construciion 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 ai
this time is�54Q097 (71 @$7,607/unit).
ACCESS AND SITE PLAN:
10..411 driveways shall conform to the City of Chula Vista's sioht distance requirements in
accordance with Section ]8.16220 of the r4unicipal Code. Also, landscaping, saeet
fumiture, or signs shall not obstruct the ��sibilih� of driver at the street ivtersections or
driveways.
I� 1 I. Dri�•eways shall be designated as private.
I
ilI
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Pase fio. 34
PC R�olllriOn nCS]5-0006
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Paae e?
SEQ��R
I12:C�e�*���show Lhe exist;na ynd p;o�osed sani�zrp sewer lines and how the site�:11 con�ect �
I to vie Ci�=s pnbiic sev.-2ee system. Ive sewer iines will be a1!owed to be loczted under
� exi-tine or p=oposed'buildines. Incicate whether sewe:liaes are p;ivate o;peblic.
I -
GRADIIvG�'vD DR�.L3AGE:
?1ie iollowv_, conditions shaii be sztis&sd prior to approvzl of �e Ciradiae Plan for the
P:ojec�:
i�.Depict and eeizi! existne and proposed drainage to er.sure adjecent propenies a:e not
inpacted. v
lY.P;ovide ttio epdzted copies of the follo�i�g techn+cal reports w�th the nrst sub�r�ttal of
Gtarine Plans:
a D:ainaee s:udv
b. W zter Qual;ty Technical Report(V.'Q?R)
c. Geotechnical Report
15. applicant mus: obtain a Lznd Development Per�nit prior to beginning zn}' ear[hwork
activiaes a: the Project Site and beiore issuance of Building Permits in accordance with
� Municipal Coae Title 15.0�. �pplicaut shall submit Gradia2 P1ans in conformance with
ine Cit�'s Subdivision Manual and the Cin's Development Storm �l�ater �Ianual
requiemen�s, including, but not limited to t,`�e following:
� a. Crrzr_ing Plzns shall be prepazed b� a registered Civil Engineer and approved by
the Ciry'bngineer.
b. I?;aiaage Smdy and GeotechnicaUSoils lavestigations aze requued with the fust
' submitta] of Grading Plans. "I'he D:ainage Stvdv shall czlculate the Pre-
Developmen[ aad Post-Development flows and show bow downstream properties
a.nc sto:m drain faciiities are impacted Design shall incorporaze detention of
s:orm w�zter nmoff S Post-Development flows exceed Pre-Development flows;
anal}sis shall include flows&om 2 }'r; 10 yT, and �0 y�. reru:-n frequency storms.
c. Draina2e Study suall also demonsuate that no prope:ty damage will occur during
2he 1U0-vea:storm e��ent.
d. A11 o;vi�e drainaee facilities shaL ee private.
e. An�off-siie wo:k wi!1 require Lerce:s of Pe;m:ssioa from the propem�ov.ner(s).
E
STOR'�4 R%„TER'���\��GE?�•fE\�I':
e
The follow�e ��di:iors s�all be satisfied prior to app:ova] of the Gradlz� Plan for the
'� Project
Resolution No. 2016- 177
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' PC Resotunon PCS15-0006
� June 22,2016 -
Page 12
16. This Project shall comply with all requirements of the Cliula Vista Development Storm
Water Manual (Storm VJater Manual) for both construction and post-construction phases
of the Project. Priar to issuance of the first Building Pernut, documentation shall be
provided, to rhe 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 Boazd (StiTJRCB) I�TPDES General Permit No. CAS000002, R�aste Discharge
Requirements for Dischazges of Storm Water Runoff Associated with Construction
Activity, and any subsequent re-issuances thereoE In accordance with said pemut, a
Storm�T�'ater Pollution Prevention Plan(SV�'PPP) and a Monitoring Program Plan shall be
� developed and implemented concurrent with the conunencement of grading activiUes.
� The SR'PPP shall specify constniction sfructural and non-structural pollution prevention
measures.
18. A complete and accurate I�TOtice-of-Intent (1�'OI) shall be filed with the San Die�o
Regional Vlater Quality'Control Boazd (SRWQCB). A copy of the acknowledgement
from the SRWQCB tbat a I�TOI has been received for this Project shall be filed with the
City of Chula Vista when receivcd. Further, a copy of the completed NOI &om the
' SRWQCB shov.�ing the Pernut Number for this project shall be filed with the City of
' Chula Vista when received.
i
� 19.Permaz;ent storm water requirements, including site design, sonrce control, and treahnent
; contiol Best Management Practices (BMP's), all as shown in the approved �JQTR, shall
be incorporated into tbe Project design, and shall be shown on the.plans. Provide sizing
� calculations and specifications for each BMP's. Any structural and non-struchual BMP
requirements that cannot be shown graphically must be either noted or stapled on the
�! plans.
20. Pursuant to the I�TPDES 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 noi begun construction at that time.
: 21. A1] on-site storm drain inlets and catch basins shall be provided �aith permanent
stenciling and signage according to City of Chula Vista Standazds to prohibit illegal
� dischazge to the storm drain system.
;
'z, 22. Tbe Applicant shail enter into a Storm Water Management Facilities Maintenance
Aa eement to perpetually maintain private BMP's located within the project prior to
�i issuance of any Grading or Buildin�Permits, whichever occurs fust.
23. Project Site desivn shal] include feahues to meet NPDES Standards. These f aiures shall
maximize i�ltration and minvnize imper��ious land coverage whIle conveying stor.n
water runoff.
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Resolution I�'o. 2016-177
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?C R�o2uuon PCS75-OOQS - I
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24.The szsh enclosti:re a:ea(s) sball be co��ere� ��th a soiia :oo� or a�;;iao to avo:d �
contaeiaarion oi;unoff. 1"ne s��e shail be �aded ir.such a u•zy as to preven:nL-on;nto; I
and run-0�fra�;the trzsh eaclosure uea �
25. The P;oject Site runo
Resolution No. 2016- 177
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� PCResolutionPCS15-DOD6
: June32,2016
Page 14
� g. Installation of all sewer lacerals per SDRSD 5-13.
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� h. Provide utilities trenching and restoration per CV CS No. 3 and No. 4.
�
' i. Sewer lateral and.storm drain connections to e�cis[ing public utilities. The Public
�
V✓orks Operations Section will need to inspect any existing sewer lateral; and
connections that aze.to be.used by the new development. Laterals and connections
may need replacement b}•Applicant as a resuli of this inspection.
� j. Reiocation of existing utilities, as determined by the CiTy Engineer;or desi�nee.
,
k. Installavon of private streetlights and planters within The sidewallc per liCSP
requirements.
2S. Separate pemvu for other public uulities (gas, eleciric, water, cable, telephone) shall be
required, as necessazy.
29. Any improvemenu in the right-of-way beyond the Project limits shall be desi�ned and .
; constructed .as to not interfere v.�ith adjacent businesses, as approved by the City
Engineer.
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30. "I'he construction and completion of al] improvements and release requirements shall be
secured in accordance with CV1�QC 18.16.220.
� SE��"ER:
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31. Sewer lateral and storm drain connections to existin� pubiic utililies. The Public Works
Operations Section shall inspect any existing sewer]aterals and connections that are to be
', used by tt�e new development. Laterals and connections may need replacement as a
result of this inspection.
; 32. For the proposed private sewer faciliries; manholes shall be used where 6" mains or
larger aze coimected to public se��er.
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PRNATE ONSITE IMPROVE?vlEi�'TS:
The following conditions shall be satisfied prior to approval of the Improvement Plans for the
� Project, as determined by the Ciry Engineer.
33. The onsite sewer and storm drain system shall be private. All sewer laterals and siorm
drains shall be privately maintained from each builciin�unit to the City-mainiained public
facilities.
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PC F2esolutioa P(S 15-0006
J•s�e??,2016
Pse IS
3". All p;oposee sidewalks, wzikways; pedes�*ian :amps; aad eisaoled pz*king shall be
; desiened co meet the City o;Chula Vis+a Desi� St�daz�; �A Standards. zad Title �^
' staadazds, as applicable.
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bL�PP�IG:
35. The Project a•ill reqcire the filin� oi a Condominium Finzl b4ap ia x„cordznce with .
Sections 66426 and 6642 i of the Subdivision Map Act. ?he Applicaat shall enter into an
agreement p;ior to approval of the Final blzp to secure �I Public Improvements required
= for the development of the Project.
� :6. Prioi *.o Fi.-�I Map, Gradiag o: Street Inprovement Ptaa approval, the Ow�er/Applicant
sh2] upload cooies of the Sffeet Improveme�t Plan G:adi.g Plan, Fiaal !��2p aad Site
Improvemeot Plan in digitzl ior.mat such zs AutoCrlD DR%G or DXF (Au�oC.4D versioa
20G0 0: 2bove), ESRI GIS shape file; file, or persona] ¢eodatzSzse (A*cGIS version 9.0
o: above). The files should be transmiiYed d�recd} to the GIS section �.ui.e the Cih's
tigi�l sutirittal file upload website a: htto://w��w.chulavistacz.eov/soio/GIS. The data
upload site only accepts zip:orma�ted �iles.
CC&R'S
' 37.Prior to approva] of the Fina! Map, the .Applicant shall sub�it Covenan*s, Conditions &
Restictions (CC&R's) to the Director of Development Sz*vices for aogroval by the
Directnr of Deveiopment Services, Ciry�rome�• and Cip- Eneineer, or desi�nee's. Said
� CC&R's shall include the following:
;
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j 2) Indemaincatioa of City for private seu•er spillaee.
' b) L:s�ng of main-ained prn�ate faciLues.
� c) 'I-hz Citv's ri�t but not the oblioa:ion to e2rorce the CC&R's.
d) Provision that no pm�ate facilities shall be requesced to become public unless
100% of the homeo�3�ners and 100% of the first czorgzge holders have signed a
u�riren petition therefor.
e) Mzintenance of ail walls, :ences, ]iehang strucrsec_, paths, recre2tional amenities
and s'�ructures, sewage facilities,drina�e structures znd landscaping.
fl L-nplement education and enforcement proeram to p:event the dischazge of
pollutants from all oa-site sowces to the storm w•ate;convevance s��stem.
� g) Identify if any cos.no� lots, drivew�ays; or pnvzte :acilities aze proposed, or if
� one sewer 12teral is serving multiple unirs.
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': 33. Said CCRR's shall be consistent with C\%MC 1fi.44, a�d shz11 be recorded concurrenilv
with the Final Map. .
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Resolution No. 2016- 177
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PC Resolution PCS 15-0006 �
, 3une 22,2016
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� CHULA��iSTA��ILTI�ZCIPAL CODE REOUIREMENTS (ENGLNEERIlVG�:
�
The foliowing condifions shal] be satisfied prioi to approval of tl�e Improvement Plans for the
Project, a5 determined by the City Engineer, or designee:
39..Sny pa�•aie facilities (ty 'LY���^�$h�Q) within public right-of-way or City ezsement w�ll
irequire an Encroachment Permit prior to issuance of the first Building Permit.
40.?.11 utiiities seiving the subject properry• and existing utilities located within or adjacent to
ihe subject property shall be under grounded in accordance wiih the Chula Vista
Municipal Code Section. Funher, a11 new utilities serving the subject property shall be
j under gounded prioi to the issuance of Building Permits.
' V1II. GOVERI�?vIENT CODE SECTION 66020 NOTICE
� Pursuant to Gove:inment Code Section 66020(d) (1), NOTICE IS HEREBY" GIVEV that the
! 90 day oeriod to protest the imposition of any impact fee, dedicarion, reservation, or o2her
i exaction described in tlus resolution begins on the effective date of this resolution and any
; such protest must be in a manner that complies with Section 66020(a) and failure to follow
i timely this procedure will baz any subsequent legal action [o attacic, set aside, void or annual
� imposition. The nght to protest tl�e fees, dedications, reservations, or other exactions does
not apply to planning, zoning, grading, or other similar application processing fees or service
fees in connection w�th 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
Yo any fees for which the Statute of Limitations has previously expired. ..
IX.EXECUTION A1�TD RECORDATION OF RESOLUTION OF APPROVAL
The Property owner and the Applicant shall execute this document by signing the lines
provided below, said executiou 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 Die�o, at the sole
expense of the prope:ty owner and the Applicant, and a signed, staznped copy of ihis
recorded documentshall be returned a�thin ten days of recordation to the City Cle,k. Fai]ure
2o record this document shall indicate the property owner and ApplicanYs desue that the
Project; aad the corresponding appiication for Building Permits and/or a business license, be
held in abeyance wiihout approvai. Said document will also be oo file in the City Cle:k`s
Office and kc���ocument I�TO. �G 5 — l S— Odp� .
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I s��- l �-,oi �+�
I Sigaahue�f Appiicant Date
�G%.i^r?��{ S�/1G:�'l! .
'
Pr,r.ted?vame oi Applicant
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Resolution Tvo. 2016-177
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pr R�cluam PCS 15-0006 . . ..
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Pa�e 77
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Signature Property Ovrile; Dzte .
f'�t�l� �lriGlhl . .
Printed Nae�e of Applicant
X. COK�SEQUENCE OF F.AILURE OF CONDITIONS
� . , Ii any of the fore¢oLzg conditions fail to occur; or if thev, a;e; by their te*ms, to be
, . . . implemented and �aiotained over r:me, if any of such condiuors f�l to be so implemented
and maintained according to theu terms, the Ci.y shall haae the ri�i to revoke or modify all
approvals herein granted, denv, or furcher condition issuance of aL future B�.ulding Permits,
deay; revoke, o: fu;ther condition all certifi:2tes of occupancv issuee i:nder the authoriiy of
appro��als hereia eraated, ;nsrnrte znd prosuute liti�ation to compei vheu compiiance R�th
said condi!ions o: seek daciages for the'u ��ola:ion. The 9pplicz:,t sha!1 be notified ten (10)
dzvs in advance prior to any of the above acaons bein? takea ov*he City and shall be pveo
the oppor:unity to renedy any deficienc;es ideatified bv t�e Ciry tiitb:n a r„asonable and
diligent rime frame. �
XI.LtiDE�fi�'ITY PROVISIOV
j . . .. T'he Properh'Owne;and Applicaat shall and do zgree to ineemni�`��;protect, defend and hold
ha�mless City, iu Cin� Council members, officers; employees a�ad representatives, from znd
�ainst any and all liabiliues; losses, d2ma2es, demaads;clz:�is zad costs, +:ncluding court
� . cos-s and arorney's fees (collective!y, liaoilities) incurred by [he Ciry arising; d'uecfly or
j ineirecth•; &om(a)Ciry`s approval and issuance of tnis Design Review Permit aad (b) City's
? : _ . approval or issuance of anv other permit or` action, wheiner discretionarp or non-
� ducretionarv; in coonection H1th the use contemplated on �he Project Site. 'Ihe Property
i . •- Owner and Applicant shall acknovrledee tbes aereement :o this pro�ZSion 'uy executine a
copy of this Design Review Peimit where indicated-below�. The P:opem� Owver's and
{ Applicant's compliance with this provision shall be bincing oa any and all of the Propertv
i OH�e:'s and ApplicanTS successo*s and assi�s.
t kIi. II��':�L,IDITY;AUTONIATIC REVOCATION _
I .
} It is the intention of the Ciry Council that its 2doption of this Resolution is dexndent upon
_ . . 4he enfo:ceabiiiry of each and every ferm; pro�rision and condition herein stated; and that in
_ . ,tne e��ent that anv one or more ter.ns, piovision,oi cond,uo:is are determined by a.Court of
� :•->,. '.. .. - . - -zompetent jurisdictioo to be invalid, iLeg�1 orhne,'iforceable, this resolution st�all bz deemed
� i•- . . :o be automa*ica!1�revoked and of no further fo*ce and effect ab ini!io.
� .' _ .: _._ _ . BE IT FCRTAER RESOLVED,tl�zt �e Citq o:Cuu:a Vis:2 P1aa_*uns Conmission does
_ _ . . _ herebti- appro��e the subject Te�taGve Subdi��sioa Map (Chnia Visa Tract No. IS-06) to
� __ ._ combine multiple parcels iato one fo* 71 re;dential :zr:i's, an� o�e cocLme*cial ueit for
' . _ - indi�°;dual o�+�nership located at 79� Third Ave�uz, scbject to th� �ondilors o: 2D�D.TOY2I '
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co��aiaec hereia.
Resolution No. 2016- 177
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, PCResolutioaPC515-0006 - . � . � . .. .. . .. .. ... .
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Page 18 � .. .
Presant hy: Approved as to form by: .:: .
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, Kel ughtion Glen R. Gbogins'
D'uector of Development Se:vices ttcfrney �� .. ,
`
PASSED. _A�1D APPR.OVED SY Ti� PLANI�'ING COMMISSION OF�Tf-I�;CIT1'. OE ; , .
CHLZA VISTA:;GALIFCIi AZ1 this 22nd day of 7une 2016,by the followin�vote,to=wit: : .
AYES: Anaya; Fuentes, Uutierrez,Nava Calvo _.
NOES: Livag
; A$SEN"P: Fragomeno
I
ABST.AII�': r✓a _.
Yola�fla�3(v , hair
A � �
� Patricia Lau�hlin,Boud ecretary .
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Resolution No. 2016-177
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