HomeMy WebLinkAboutDR15-0015 DOC# 2016-0397810
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1�P Aug 05, 2018 08:56 AM
OFFICIAL RECORDS
Recording requested Ernest J. Dronenburg, Jr.,
by:
SAN DIEGO COUNTY RECORDER
City of Chula Vista FEES: $0.00
After recording return PAGES: 15
to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Tyshar Turner
Fee Exempt-
Gov't Code 6103
This space for Recorder's use only
RESOLUTION NO. DR15-0015
PLANNING COMMISSION RESOLUTION NO. DR15-0015
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA CONSIDERING THE
ADDENDUM TO URBAN CORE SPECIFIC PLAN FINAL
ENVIRONMENTAL IMPACT REPORT AND MITIGATION
MONITORING AND REPORTING PROGRAM FEIR 06-01
AND APPROVING DESIGN REVIEW (URBAN CORE
DEVELOPMENT) PERMIT DR15-0015 TO REDEVELOP
THE SITE AT 795 THIRD AVENUE WITH 71
RESIDENTIAL CONDOMINIUM UNITS AND
ASSOCIATED SITE IMPROVEMENTS, SUBJECT TO THE
CONDITIONS CONTAINED HEREIN
I. RECITALS
WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted
in Exhibit "A," attached hereto and incorporated herein by this reference, and for the purpose
of general description consists of 1.05 acres located at 795 Third Avenue and 285 K Street,
as identified in County Assessor Records as Assessor's Parcel Numbers 573-371-23 and 573-
371-12 (Project Site); and
WHEREAS, on June 18, 2015 duly verified applications requesting approval of Design
Review Application DR15-0015, Tentative Subdivision Map Application PCS15-0006
(Chula Vista Tract No. 15-06) and Preliminary Environmental Review PER-12-003, were
filed with the City of Chula Vista Development Services Department by Niki Properties,
LLC ("Applicant" and"Owner"); and
WHEREAS, said Applicant requests approval of Design Review (Urban Core
Development) Permit DR15-0015 to redevelop the Project Site with a mixed use, multi-
family residential/commercial project known as Vista del Mar, 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
WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City, and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the subject property, at
least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
Planning Commission of the City 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 and considered the
Addendum to Urban Core Specific Plan Final Environmental Impact Report and Mitigation
Monitoring and Reporting Program FEIR 06-01 and the application for Design Review
(Urban Core Development) Permit DR15-0015.
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NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it does hereby find and determine as follows:
II. ENVIRONMENTAL REVIEW
That the Chula Vista Planning Commission, in the exercise of its independent judgment,
as set forth in the record of its proceedings, considered the Preliminary Environmental
Review of the Project conducted by the Director of Development Services for compliance
with the California Environmental Quality Act (CEQA), and has determined that the Project
was covered by the Urban Core Specific Plan (UCSP) Final Environmental Impact Report
and Mitigation Monitoring and Reporting Program FEIR-06-01, adopted by the Chula Vista
City Council in May 2007. The Development Services Director has determined that only
minor technical changes or additions to FEIR-06-01 are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of subsequent documents have occurred; therefore, the Development Services
Director has prepared an Addendum to UCSP FEIR-06-01.
That the Chula Vista Planning Commission, in the exercise of their independent review
and judgment as set forth in the record of its proceedings, considered the Addendum to UCSP
FEIR-06-01 and Mitigation Monitoring and Reporting Program, in the form presented, which
has been prepared in accordance with requirements of the CEQA and the Environmental
Review Procedures of the City of Chula Vista and does hereby adopt the Addendum to UCSP
FEIR-06-01.
III. CONFORMANCE WITH CITY'S URBAN CORE SPECIFIC PLAN
That the Chula Vista Planning Commission, in the exercise of its independent judgment,
as set forth in the record of its proceedings does hereby find that the Design Review (Urban
Core Development) Permit DR15-0015 for the Project is in conformance with the City of
Chula Vista General Plan and Urban Core Specific Plan as follows.
The proposed Project is consistent with the vision, objectives and policies of the General
Plan and the objectives, policies and regulations of the UCSP. The General Plan and the
UCSP envision the Cl Third Avenue South District as an area with a balanced mix of
commercial and residential uses that contribute to create a vibrant and attractive area. The
Project would redevelop the subject Site, which currently has buildings that were built in the
1950's and are in need of replacement, with a residential and commercial Project that would
provide 71 new residential units (market 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 would provide multi-family housing in this area of Chula Vista and
would bring families and social and economic activity to the area. Those families would
take advantage of and support the commercial base along Third Avenue, which provides a
variety of goods and services in close proximity. The additional residents would contribute
to create an active and vibrant atmosphere along Third Avenue as envisioned by the General
Plan and the UCSP. The proposed public plaza at the corner of Third Avenue and K Street,
which includes art and furniture, will provide an amenity that will activate the street and
create opportunities for civic engagement and interaction. The wider and furnished
sidewalks along Third Avenue and K Street will also contribute to activate the street and
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June 22,2016
Page 3
create a pedestrian-safe and friendly environment. The proposed Project is also consistent
with the UCSP development regulations related to building height, building setbacks and step
backs, parking, open space and landscaping. As shown in the staff report, the Project meets
all of the regulations of the specific plan, except for FAR (see below), and, in cases such as
parking, usable open space and landscaping, the Project exceeds the minimum required
standards.
IV. DEVELOPMENT EXCEPTIONS
The UCSP provides for and authorizes the Planning Commission to grant exceptions to
the land use and development regulations, in order to encourage and achieve innovative
design. The Project is requesting one exception to the FAR limit in the amount of 0.5 or
22,869 square-feet. Exceptions may be granted by the Planning Commission in cases where
all of the following findings are made:
1. The proposed development will not adversely affect the goals and objectives of the
Specific Plan and General Plan.
2. The proposed development will comply with all other regulations of the Specific Plan.
3. The proposed development will incorporate one or more of the Urban Amenities
Incentives in section F - Urban Amenities Requirements and Incentives, of this
chapter.
4. The exception or exceptions are appropriate for this location and will result in a
better design or greater public benefit than could be achieved through strict
conformance with the Specific Plan development regulations.
FAR Exception Findings
BE IT FURTHER RESOLVED, that the Planning Commission hereby approves an
exception to the FAR limit of 1.0 in the amount of 0.5 or 22,869 square-feet based upon the
following Findings and substantiating facts thereto:
1. The proposed development will not adversely affect the goals and objectives of the
Specific Plan and General Plan.
The goals and objectives of the General Plan and Specific Plan are not adversely affected
by the proposed 0.5 increase in FAR. On the contrary, the Project as proposed implements
the General Plan and Specific Plan by providing a mixed use residential/commercial use at
the Corner of Third Avenue and K Street. The intent of the General and Specific Plans is to
facilitate and encourage development and improvements that will help realize the
community's vision for the Urban Core area. The Urban Core and the C 1 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
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the stated vision of the Specific Plan. This project has the potential to spur additional
development along the Third Avenue corridor with additional community and economic
benefits. The proposed Project provides wide sidewalks and a public plaza that will create a
pedestrian-friendly environment and foster civic engagement in a multi-purpose
environment. The building mass and form allows the Project to have the number of
residential units and the associated parking, landscaping, recreational spaces and other
features that provide a multi-purpose environment and activities to meet the goals and
objectives of the General and Specific Plans.
2. The proposed development will comply with all other regulations of the Specific Plan.
As indicated in the Development Standards table above, the Project complies with all
other development standards and regulations of the Specific Plan. The building has a height
that varies from 34 feet along K Street and a height of 57 feet along Third Avenue (the
building parapets and elevator shaft achieve a 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 underground and first floor levels, and provides 14
additional parking spaces for guests of the residents. Open space and Landscaped areas are
also provided in excess of the minimum required.
The building form respects the properties in the adjacent R-1 Zone to the north and east
of the Project Site along Church Avenue by locating the second floor terrace and balconies as
far away as possible from the property lines, and provides heavy screening by landscaping
the perimeter of the structure. The 3 to 5-story building structure was designed to place most
of the bulk and mass along Third Avenue and K Street, and as far as possible from the
property lines of the single-family homes. As required in the NTCD regulations the building
also steps back from the adjacent residential properties along Church Avenue, resulting in a
reduced building mass and height near the residential properties, as well as, distancing the
Project as much as possible from the residential properties.
The UCSP's Special Provisions for the NTCD indicate that "Building design shall be
cognizant of adjacent low density uses and avoid balconies overlooking rear yards." The
intent of this provision is not to do away with balconies but rather to address their potential
effects on privacy. The building design is cognizant of and sensitive to the adjacent
residential uses by distancing the structures from the adjacent property lines by as much as
49 to 59 feet. Also, dense and tall landscape materials have been provided along the east and
north perimeter to screen the homes from direct view of the balconies. While the NTCD
provisions indicate that balconies should be avoided, balconies are still an important design
and functional elements of the UCSP and the Project. In fact, the UCSP provisions for multi-
family projects encourage the use of balconies and other features to achieve quality building
design. One of those provisions is the following: "Three dimensional design features, such
as balconies and bays should be incorporated into the building design. Balconies serve to
provide building facade articulation and interest, and they serve to provide usable
open/recreational space. Building facade articulation and interest are important elements for
a project such as this one, which is part of an urban setting where the building architecture
intends to improve the face of Third Avenue and become a new architectural landmark.
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Balconies are also important as a source of recreational space in an urban setting because
they provide recreational space on site. While balconies remain as part of the building
elevations, the design issues (particularly privacy) associated with them have been avoided
through the described Project features.
3. The proposed development will incorporate one or more of the Urban Amenities
Incentives in Section F - Urban Amenities Requirements and Incentives, of this
chapter.
The Project incorporates the three amenities listed above, which are: all required parking
(on-site and enclosed); public outdoor space in the form of plaza with art feature and
furniture; and LEED Gold Certification. Additionally, the Project includes other amenities
and community benefits as follows:
As indicated previously, the Project will provide fourteen parking spaces that exceed the
parking regulations and provide guest parking spaces within the parking garage. The
proposed Project will provide a community landmark at the Project Site in the form of a
public art mural on the north facing wall of the building. The mural will not only serve as a
piece of art that will complement the building's architecture, it will also serve as a landmark
that may be used to identify this new building in this area of Third Avenue, since no other art
pieces like this exist now. Per the community input received at the Second Neighborhood
Meeting, the mural could reflect the history of Chula Vista or important historical events in
the City's past and looking towards the future.
The enhanced street improvements for the Project include a widened sidewalk along
Third and K Street, new paving, street trees in grates, and street furniture such as benches,
trash cans and planters. Additionally, this residential development will provide more options
for clean, safe, energy efficient and modern housing for the Chula Vista workforce. These 71
dwelling units will put more people on Third Avenue to support the small businesses located
there and to create a more pedestrian-friendly street atmosphere.
4. The exception or exceptions are appropriate for this location and will result in a
better design or greater public benefit than could be achieved through strict
conformance with the Specific Plan development regulations.
The additional FAR of 0.5 is appropriate for this location because it would allow the
Project to comply with the goals and objectives of the General Plan and Specific Plan related
to bringing a mixed use project with sufficient residential units and community amenities to
provide housing, activate the street and support the existing commercial base. The C1
District is characterized by having mostly retail and office uses. While there are about five
properties in the District with residential uses, these properties only represent about 4% of
the total District area. General Plan policy calls for some additional residential development
within the Cl District to support the existing and future commercial development. It has
been estimated by staff that the appropriate residential acreage that could potentially be
developed within the District based on the General Plan policy is approximately 40% of total
area. That percentage would be translated into approximately 21 acres of residential
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development. The proposed Project FAR of 2.0 (91,345 sq. ft.) represents approximately
9.5% of the total potential residential capacity within the Cl District.
The Project's FAR of 2.0 is appropriate for an urban mixed use development and is in
line with development trends elsewhere in the Urban Core area. The maximum building
height is 5 stories along the Third Avenue elevation (60' high as allowed by the C-1 zone)
and 3 stories along the K Street elevation. This building configuration places the most mass
and bulk along the Third Avenue and K Street's elevations, away from the existing low
density residential. The Applicant has revised the Project and has taken measures to reduce
the building mass and addressed community concerns without reducing the viability of the
project. Furthermore, the form-based nature of the UCSP ensures that the proposed
development emphasize the importance of site design and building form (which last many
years) over numerical parameters such as FAR (which are likely to change over time through
periodic reviews and amendments to the UCSP as required by law, and based on changes to
the physical conditions of the Urban Core and changes in economic activity). The proposed
development creates a people activated, urban corner that contributes to the city's goal of
"Complete Streets" and enhances the public realm through improved streetscape design and
individual building character.
V. GENERAL CONDITIONS OF APPROVAL
A. Project Site is improved with Project
The Applicant, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Design Review Permit DR15-0015 consisting of the approved Site
Plans, Floor Plans, Building Elevations, Roof Plans, and Concept Landscape Plans.
VI. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the Design Review (Urban Core Development) Permit
approval are approximately proportional both to the nature and extent of impact created by
the proposed Project. Unless otherwise specified, all conditions and code requirements listed
below shall be fully completed by the Applicant, Owner or Successor-in-Interest to the
Director of Development Services, or designee's satisfaction prior to approval of the first
Building Permit, unless otherwise specified:
GENERAL/DEVELOPMENT SERVICES
1. The Applicant shall obtain approval of Tentative Subdivision Map CVT-15-06 (PCS15-
0006) and a Final Subdivision Map for the Project prior to approval of Building Permits
in reliance on this Design Review Permit approval.
2. The Applicant shall implement, to the satisfaction of the Director of Development
Services and the City Engineer, the mitigation measures identified in the Addendum to
Urban Core Specific Plan Final Environmental Impact Report and Mitigation Monitoring
and Reporting Program FEIR 06-01 for the Project within the timeframe specified in said
MMRP.
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3. The Applicant shall pay in full any unpaid balance for the Project, including Deposit
Account No. DQ3021.
4. Applicant shall meet and confer with staff to develop and implement feasible and
effective measures with respect to balconies on the 3rd, 4th and 5th floors of the Project
with sight-lines onto adjacent residential yards to further address potential adverse effects
on the privacy of occupants of adjacent residential properties to the satisfaction of the
Development Services Director.
5. Prior to issuance of the first Building Permit for the Project, the Applicant shall comply
with applicable provisions of Chula Vista Municipal Code (CVMC) Chapter 8.24 - Solid
Waste and Litter, and Chapter 8.25 — Recycling, related to mixed-use/multi-family
residential development projects, to the satisfaction of the Department of Public Works,
Environmental Services Division. These requirements include, but are not limited to the
following:
a. The Applicant shall contract with the City's franchise hauler throughout the
construction and occupancy phase of the Project.
b. The Applicant shall comply with applicable provisions of the City's Construction
and Demolition Recycling Ordinance, including submittal of a Waste
Management Report per CVMC 8.25.095.B, to the Environmental Services
Division.
6. The Applicant shall submit and obtain approval of detailed Landscape Improvement
Plans in accordance with the City Landscape Manual, and the Water Conservation
Ordinance, prior to the issuance of applicable permits or other discretionary approval.
Landscape Plans shall be prepared by a registered Landscape Architect and shall be
consistent with the approved Concept Landscape Plan.
7. Project plans shall incorporate street furniture along the Third Avenue and K Street
frontage such as ornamental benches, ornamental tree grates, and ornamental light
fixtures consistent with the UCSP.
8. The public plaza shall include approximately 1,700 squared-feet in area and shall
incorporate decorative street furniture, including chairs and benches, and an art feature,
including a water fountain or a sculptural art piece.
9. The 10-foot sidewalk along the Third Avenue frontage shall be reconstructed of
decorative paving materials.
10. All private driveways and pedestrian walkways located along the Third Avenue and K
Street project frontages shall be constructed of decorative paving materials.
11. The Project Applicant proposes to provide a mural on the building's north elevation. A
preliminary proposal includes a mural that describes the history and culture of Chula
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Vista. The Applicant shall submit the mural proposal to the Development Services
Director for review and approval prior to the installation on the wall.
12. The Project has been designed to incorporate architectural and construction features that
would qualify the Project to apply for and achieve Leadership in Energy and
Environmental Design (LEED) Gold Certification. The Project approval is based on the
incorporation and construction of all the LEED features as outlined in Attachment 10 of
the staff report. The Project was designed to include a 30% increase in the building Floor
Area Ratio contingent on the (a) incorporation and construction of all LEED features and
(b) receipt of the LEED Gold Certification from the US Green Building Council. If the
Project plans are found at the time of building permit to not meet the criteria for LEED
Gold Certification, the Project plans shall be revised to include all the features outlined in
Attachment 10 and fully 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 Permits.
13. The Building Permit plans shall show that the Project has been designed to comply with
applicable requirements of CVMC 15.56.020 "Condominium Projects, Condominium
Conversions and Occupancy thereof."
14. Applicant shall design and install a "Keep Clear" striping detail at the combined
Project/Bank of America driveway to ensure that vehicles stopped at Third Avenue and
queuing westbound on K Street do not block the Project driveway. Said striping detail
will be designed to the satisfaction of the City's Traffic Engineer.
15. Applicant shall prepare and submit a lighting plan for City approval that demonstrates
compliance with Chapter 17.28 (Unnecessary Lights) of the Chula Municipal Code, and
compliance with the UCSP.
16. A lighting plan shall be provided with the Building Permit submittal showing that
lighting of all enclosed parking, pedestrian walkways, recreational areas, building entries
and other public areas have been provided.
17. The Applicant shall reserve a minimum of one parking space for the commercial use and
a minimum of seven parking spaces in the garage for use of its residents' guests. These
spaces shall be marked by appropriate signage. A note to this effect shall be shown on
the Site Plan to be submitted to the City as part of the building permit application.
HOUSING DIVISION
18. The City of Chula Vista General Plan Housing Element established Policy 5.1.1 (the
"Balanced Community Policy"), which requires the occupancy and affordability of ten
percent (10%) of each housing development of 50 or more units for low and moderate-
income households, with at least one half of those units (5% of project total units) being
designated for low-income households (the "Affordable Housing Obligation"). In
satisfaction of the Balanced Community Policy, the Project Applicant shall execute an
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Affordable Housing Agreement prior to the issuance of the first building permit. Said
Affordable Housing Agreement shall be recorded in the Office of the San Diego County
Recorder over the entirety of the Project Site. The Affordable Housing Agreement shall
provide that 10% of the total number of qualified low income (5%) and moderate housing
units (5%) shall be constructed on site or pay the In lieu fee of$124,220 per unit. The
trigger point to pay the in lieu fee is determined by the City Manager and City Attorney
or their designees.
BUILDING DIVISION
19. The Applicant shall submit and obtain approval of Building Permit(s) to the satisfaction
of the City Building Official. The Building Permits shall comply with updated codes and
requirements, including but not limited to the following:
2013 Edition of the California Building Code as amended by CVMC 15.08;
2013 Edition of the California Residential Code CVMC 15.09;
2013 Edition of California Mechanical Code CVMC 15.16;
2013 Edition of the California Plumbing Code as amended by CVMC 15.28;
2013 Edition of the California Electrical Code as amended by CVMC 15.24;
2013 Edition of the California Fire Code as amended CVMC 15.36;
2013 Edition of the California Green Building Standards Code as amended CVMC 15.12;
2010 Edition of the California Energy Code as amended CVMC 15.26;
2000 Edition of the Urban-Wildland Interface Code as amended CVMC 15.38;
1997 Edition of the Uniform Housing Code as amended CVMC 15.20; and
1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings as
amended CVMC 15.18.
LAND DEVELOPMENT DIVISION:
20. The following fees are payable prior to issuance of Building Permits, based on the Final
Building Plans submitted:
a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees (PFDIF)
d. Western Transportation Development Impact Fees (WTDIF)
e. Other Engineering Fees as applicable
21. Applicant shall pay Park Acquisition and Development (PAD) Fees per dwelling unit as
required prior to the issuance of the first Building Permit in accordance with CVMC
17.10. 100. The current PAD Fee for West Chula Vista Projects is $7,607 for each Multi-
Family Residential dwelling. The PAD Fee is adjusted on an annual basis on October 1
based on the Engineer Construction Cost Index. The payment of the PAD Fee amount in
place at the time of the recording of the Final Map is required. The PAD Fee for the
project at this time is $540,097 (71 @ $7,607/unit).
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22. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable.
23. Prior to Final Map approval, the Applicant shall obtain approval of street addresses to the
satisfaction of the Director of Development Services.
24. Applicant shall obtain approval of a sign permit prior to construction of any proposed
signage.
WASTEWATER ENGINEERING SECTION
25. Applicant shall submit a revised Sewer Study to reflect the methodology, standards and
generation factors listed in the City of Chula Vista Wastewater Collection System Master
Plan, dated May 2014,prepared by Infrastructure Engineering Corporation.
26. The Peak to Average sewer flow shall be calculated based on City of Chula Vista CVD-
SW01.
FIRE DEPARTMENT:
27. For 67,873 square feet of Type IA construction and or 102,763 square feet of Type VA
construction, this project will require a fire flow of 6906 gallons per minute for a 4-hour
duration at 20 p.s.i. The respective water authority will be requested to perform a
hydraulic flow analysis of their system to determine if the fire flow is available. No
reductions in fire flow will be granted for buildings protected throughout by an approved
automatic fire sprinkler system.
28. Based upon the required fire flow for Type VA and IA construction type, a minimum of 7
fire hydrant(s) are required to serve this project. Existing public hydrants may be used to
fulfill this requirement, however at least one new public hydrant will need to be added
along the east side of Third Avenue at the northwest end of the building due to distance
to the next exiting hydrant along Third Avenue.
29. Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C. For a fire flow requirement 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 entrance, the fire control room and for the commercial space entrance in
accordance with Chula Vista Fire Department (CVFD) details. Any automatic gates that
restrict vehicular access into the parking garage shall be provided with a Knox Key
Switch.
31. The fire sprinkler riser and fire alarm panel shall be located in a fire control room that is
accessible directly from the exterior of the building. The Fire Control Room shall be
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Page 11
dimensioned in accordance with CVFD standard detail and located along the Third
Avenue or K Street exterior walls. The Fire Control Room cannot be used for anything
besides the fire riser(s) and fire alarm control panel.
32. A Post Indicating Valve that controls the supply of the fire sprinkler system will not be
required for this project due to the zero lot lines along Third and K; however, a control
valve shall be installed on the fire sprinkler riser.
33. The Fire Department Connection (FDC) is allowed to be located on the face of the
building due to zero lot lines. The FDC shall be within 50' of a fire hydrant. Consider this
when locating the fire control room as the FDC is typically located close to the system
riser.
34. At least one elevator car shall be dimensioned to accommodate a gurney in accordance
with CBC 3002.4(a).
VII. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Section 66020(a) and failure to follow
timely this procedure will bar any subsequent legal action to attack, set aside, void or annual
imposition. The right to protest the fees, dedications, reservations, or other exactions does
not apply to planning, zoning, grading, or other similar application processing fees or service
fees in connection with the project; and it does not apply to any fees, dedication, reservations,
or other exactions which have been given notice similar to this, nor does it revive challenges
to any fees for which the Statute of Limitations has previously expired.
VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property owner and the Applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Applicant have each
read, understood, and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the sole
expense of the property owner and the Applicant, and a signed, stamped copy of this
recorded document shall be returned within ten days of recordation to the City Clerk. Failure
to record this document shall indicate the property owner and Applicant's desire that the
Project, and the corresponding application for building permits and/or a business license, be
held in abeyance without approval. Said document will also be on file in the City Clerk's
Office and known as Document No.PR15 5- a o IS.
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Signatutt of Applicant Date
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Printed Name of Applicant
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Printed Name of Applicant
IX. INDEMNITY PROVISION
The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court
costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the Project Site. The Property
Owner and Applicant shall acknowledge their agreement to this provision by executing a
copy of this Design Review Permit where indicated below. The Property Owner's and
Applicant's compliance with this provision shall be binding on any and all of the Property
Owner's and Applicant's successors and assigns.
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
XI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition herein
stated; and that in the event that any one or more terms, provision, or conditions are
.PC Resolution-DRC15-0015
June 22,2016
Page 13
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution shall be deemed to be automatically revoked and of no further force and effect ab
initio.
BE IT FURTHER RESOLVED, that the City of Chula Vista Planning Commission does
hereby approve the subject Design Review (Urban Core Development) Permit DRC15-0015
for 71 residential units, 616 square-feet of commercial unit, 142-parking space garage, active
and passive open spaces, and the associated access and circulation elements 795 Third
Avenue subject to the conditions of approval contained herein.
Present' • bh Approved as to form by:
_ Cu1 `
Kelly I oug�!• Glen R. oog.ns
Director o 1 evelopment Services y tttrney ` _
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 22nd day of June 2016, by the following vote, to-wit:
AYES: Anaya, Fuentes, Gutierrez,Nava, Calvo
NOES: Livag
ABSENT: Fragomeno
ABSTAIN: n/a 't,
Yola Cak<o, �fiair
A EST:
i/. .&....P1.
Patricia Laughlin, Board P cretary
,* ° 0 00
00 EXHIBIT A
sr
MASONIC SF
TEMPLE
SF
IA 00 _ SF
U.S. THIRD 0.0 V.
POST AVENUE
OW° 01.
OFFICE PLAZA 0.0. 01.
DIAMOND O. 01100 O.
JIMS
SF
PARKING IIS diiiiill.
LOT
HIRD AVE
VERDE 0 LIQUO' OFFICES 00 WOO& IliSF
PARK
APARTMENTS 0. 111111
MEDITERRANEAN OFFICES
APN
GARDEN 5733711200
APARTMENTS APN
0 AM/PM 5733712300
& %SF
ALVA MINI MART PROJECT
GARDENS
APARTMENTS EQ'
REN LOCATION
BANK
OF GREEN
AMERICA TREE
JACK FOUNTAIN
IN THE APARTMENTS
BOX
CHULA VISTA
RQUEZ OFFICE CENTER
•o BODY
PINE T
VISTA
APARTMENTS SOUTH BAY
GUIDANCE
CENTER
WELLS
FARGO
BANK
CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT
LOCATOR PROJECT Vista Del Mar PROJECT DESCRIPTION
APPLICANT: DESIGN REVIEW
PROJECT NEC Third Av&K St Project Summary: Proposal for a mixed use 3-5 story,71 condo units with 616 sq
ADDRESS: APN's 5733711200&5733712300 ft of commercial space and 142 below grade parking stalls.
SCALE: FILE NUMBER:
NORTH No Scale DR15-0015 Related cases:
j:\planning\public notices\dr\dr150015 8x10.ai