HomeMy WebLinkAboutItem 4 - Attch 3 - Draft PC ResolutionRESOLUTION NO. DR15-0031
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR15-0031
TO CONSTRUCT A TWO UNIT APARTMENT BUILDING BEHIND AN
EXISTING SINGLE-FAMILY HOUSE, LOCATED AT 443 G STREET
WHEREAS, on January 20, 2016, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by Timothy P. Jones
Architect (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a two -unit apartment building behind an existing single-family house (Project);
and
WHEREAS, the area of land which is the subject of this Resolution is an existing
7,194 -square foot parcel located within the Residential Apartment (R-3) Zone at 443 G Street
(Project Site); and
WHEREAS, The Director of Development Services has reviewed the proposed Project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the Project qualifies for a Class 32 infill development categorical exemption (CEQA
Guidelines/Cal. Code of Regulations section 15332) for new residential units on residential
property consistent with the Residential Apartment (R-3) zoning designation, and therefore no
further environmental review or documentation is required; and
WHEREAS, the Director of Development Services set the time and place for a hearing
on the Design Review Permit application, and notice of the hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at least
10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised before the Planning
Commission and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
I. That the proposed Project will be consistent with the development regulations of Title
19 (Zoning) of the Chula Vista Municipal Code (CVMC) and the City of Chula Vista's
General Plan.
The proposed Project is consistent with the Residential Apartment (R-3) Zone (CVMC
19.28) and General Plan Land Use Designation of Residential Medium (6 -11 dwelling units
per acre). The 7,194 -square feet property allows up to three units in conformance with the R-
3 development standards for lot area, floor area, open space, parking, height and setbacks.
Attachment 3
PC Resolution DR15-0031
October 26, 2016
Page 2
2. The design features of the proposed development are consistent with, and are a cost-
effective method of satisfying, the City of Chula Vista Design Manual and Landscape
Manual.
The proposal to provide matching architecture between the existing and proposed structures,
as well as drought -tolerant open space features with tree and, shrub planting are consistent
with the design manual and landscape manual.
3. Pursuant to CVMC 19.28.070, the rear yard setback may be reduced if the affected
open space has been transferred to a more beneficial location on the lot.
The rear yard is proposed to be reduced from 15 -feet to 5 -feet, but the side yard is increased
from 5 -feet to 10 -feet. The proposal allows for a more beneficial 10 x 20 -foot outdoor table
and seating area in the side yard, and a 15 x 10 -foot outdoor table and seating area
underneath the rear 2"d floor apartment unit.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON
THE FINDINGS ABOVE, hereby approves the Design Review Permit subject to the following
conditions:
1. The following shall be accomplished to the satisfaction of the Development Services
Director or designee, prior to issuance of building permits, unless otherwise
specified:
Development Services / Planning Division
1. The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Planning Division, the
conditions contained herein, and Title 19,
2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
the DRI 5-0031 deposit account BL -2267.
3. Prior to the approval of building permits, the colors and materials specified on the
building plans must be consistent with the colors and materials shown on the site plan
and materials board approved by the Planning Commission.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted for any building and wall plans and shall be reviewed and approved prior
to the issuance of building permits. Additionally, the Project shall conform to Section
9.20.055 of the Chula Vista Municipal Code (CVMC) regarding graffiti control.
All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections shall be shielded from view and the sound buffered from adjacent
PC Resolution DR15-0031
October 26, 2016
Page 3
properties and streets. Such screening shall be architecturally integrated with the
building design.
6. All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping.
7. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans and shall be reviewed
and approved prior to the issuance of any building permit.
flC. The following shall be accomplished to the satisfaction of the City Engineer, City
Director of Landscape Architecture or designee, prior to issuance of grading or
building -permits; -unless -otherwise specified:
Land Development Division/Landscape Architecture Division
I. Landscape and Irrigation plans will be required to be submitted in accordance with the
City's Landscape Water Conservation Ordinance (CVMC 20.12).
2. New dwelling units generate Park Acquisition and. Development (PAD) fees in
accordance with PAD Fees Ordinance (CVMC 17.10).
3. The Applicant shall be required to pay Engineering Fees based on the final approved
building plans for the Project.
• Sewer Connection and Capacity Fee
• Traffic Signal Fee
• Public Facilities Development Impact Fees
• Eastern Transportation Development Impact Fees
• Other Engineering Fees as applicable per Master Fee Schedule
4. The Applicant shall be required to pay additional deposits or fees in accordance with the
City Subdivision Manual, and Master Fee Schedule with the submittal of the following
items:
a. Grading Plans
b. Construction Permit
5. Show/label in the Conceptual Grading Plan all the Best Management Practice (BMP) and
Low Impact Development (LID) requirements, including Bio Retention Planters. Provide
sizing calculations and specifications for all BMPs and LIDS.
6. Prior to the approval of the building permit, the Applicant shall submit duplicate copies
of all commercial, industrial or multifamily Projects in digital format, such as (DXF)
graphic file, on a CD or through e-mail based on California State Plane Coordinate
System (NAD 83, Zone 6) in accordance with the City's Guidelines for Digital Submittal.
PC Resolution DR15-0031
October 26, 2016
Page 4
DXF file shall include a utility plan showing any and all proposed sewer or storm drain
on site.
7. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance with Section 12.12.130 of the CVMC. Also, landscaping, street furniture, or
signs shall not obstruct the visibility of any driver at the street intersections or driveways.
8. The Applicant shall provide a circulation analysis demonstrating (a) solid waste truck
movements and (b) how vehicles can turn around when pulling out from the garage.
9. The Applicant shall demonstrate compliance with the current California Plumbing Code,
minimum sewer grade (2%) from the farthest unit on the site to the sewer main in Fenton
Street.
10. The Applicant shall clearly show the existing_ storm- drain across the Project Site. No
storm drain will be allowed to be located under the existing or proposed buildings.
Indicate if storm drain is public or private. If public show easement location and width
on grading plans.
11. The Applicant shall depict and detail existing and proposed drainage to ensure adjacent
properties are not impacted.
12. The Applicant shall provide 2 copies of the following technical reports with the submittal
of grading plans:
a. Drainage study
b. Water Quality Technical Report (WQTR)
c. Geotechnical Report
13, A Water Quality Technical Report (WQTR) and Drainage study shall be submitted prior
to DRC Approval along with a revised Site PIan showing that the Project can meet the
City's LID, Source Control, and Treatment Control BMP Requirements. The Water
Quality Technical Report shall include design features, such as bio -retention facilities, to
replace vegetated swales per LID requirements under current City Standard Urban Storm
water Mitigation Plan (SUSMP) standards, the City's Development Storm Water Manual,
and as imposed by the current National Pollutant Discharge Elimination System
(NPDES) Municipal Permit adopted by the Regional Water Quality Control Board. LID
principles must be incorporated into the Project's design. For additional information,
refer to the Chula Vista Development Storm Water Manual website.
14. Prior to design review approval, the Applicant shall complete the following applicable
forms: Forms 5500, 5501, 5502, 5503 and 5504.
15. Improvement Plans in conformance with the City's Subdivision Manual and a
Construction Permit will be required prior to issuance of any building permits. The
Improvement Plans shall include but not be limited to:
PC Resolution DRI 5-0031
October 26, 2016
Page 5
i. Removal and replacement of any broken or damaged curb, gutter, and sidewalk
per SDRSD G-2, and G-7 along the Project's frontage to the satisfaction of the
City Engineer. Sidewalk shall be designed and constructed with proper transitions
to existing conditions.
i. Removal and replacement of existing driveway(s) meeting design standards as
shown in Chula Vista Construction Standard CVCS-1. Current Driveway(s) shall
be replaced, if it does not meet the City of Chula Vista Design Standards/ADA
Standards, or if existing driveway is cracked or broken. Dedication of R/W as
needed in order for driveway to comply with (American Disability Act) ADA
requirements.
iii. Street widening with installation of full half width street improvements on G
Street including curb, gutter, sidewalk, driveway approaches, AC paving, ADA
pedestrian ramps and street lights per Chula Vista Design Standards.
iv. Sewer lateral and stormdrainconnections to existing public -utilities. The. Public
Works Operations Section will need to inspect any existing sewer. -laterals and
connections that are to be used by the new development. Laterals and
connections may need replacement as a result of this inspection.
16. The onsite sewer and storm drain system shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City -maintained public
facilities.
IT 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.
18. Separate sewer laterals are required for the existing single-family residential and
proposed duplex. Sewer laterals are not allowed wider any proposed buildings.
19. For the proposed private sewer facilities, manholes shall be used where 6 -inch mains or
larger are connected to public sewer.
20. All technical studies and impact fees shall be paid prior to or at the time of building
permit issuance.
III. The following shall be accomplished to the satisfaction of the City Fire Marshall or
designee, prior to issuance of grading or building permits, unless otherwise
specified:
Fire Department
I. The Applicant shall apply for required building permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California
edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential
Code as adopted and amended by the State of California and the City of Chula Vista.
PC Resolution DRIS-0031
October 26, 2016
Page 6
2. For 2,797 square feet of Type VB construction, this Project will require a fire flow of
1000 gallons per minute for 1 -hour duration at 20 p.s.i.
3. Based upon the required fire flow for Type VB construction type, a minimum of 1 fire
hydrant(s) is required to serve this Project. The existing hydrant on G Street meets this
requirement.
4. The Project is to be protected throughout by an approved automatic fire sprinkler system
in accordance with NFPA 13D. The fire sprinkler system receives its supply from a
combination domestic/fire water meter. The meter and service lateral are required to be a
minimum I -inch per the Chula Vista Fire Code amendment and SWA.
IV. The following shall be accomplished to the satisfaction of the City Building Official
or designee, prior to issuance of grading or building permits, ..nnless other -wise
specified:
Development Services 1 Building Division
I. Be Advised that the City of Chula Vista will be adopting the new 2016 code in Jan. 2017,
Compliance with the following codes is currently required by the city: 2013 California
Energy Code, 2013 California Building Code, 2013 California Fire Code, 2013 California
Mechanical Code, 2013 California Plumbing Code, 2013 California Electrical Code c and
2013 California Green Standards Code as adopted and amended by the State of California
and the City of Chula Vista.
2. This Project must be designed by an Architect or Engineer licensed by the State of
California. [California Business and Professional Code 5536.1, 6735],
3. The Applicant shall show a solar ready area on the roofs as required by the City Building
Official. (Energy 110.10)
V. The following shall be accomplished to the satisfaction of the City Conservation
Manager or designee, prior to issuance of building permits, unless otherwise specified:
Environmental Services / Conservation
1. The Applicant shall provide recycling and participate in recycling and landfill diversion
programs, including but not limited to Construction and Demolition Debris Recycling,
and ongoing Recycling and Trash services. The Applicant shall comply. with the
construction debris recycling requirements including a performance deposit and Waste
Management Report.
2. Please refer to the City of Chula Vista Recycling and Solid Waste Planning Manual
(RSWPM) http://www.chulavistaca,gov/home/showdocument?id=5211 for trash and
recycling requirements, guidelines and recommendations.
PC Resolution DR] 5-0031
October 26, 2016
Page 7
3 , The Applicant shall show the intended path of travel for trash and recycling service
trucks on site plans.
4. The Applicant shall note any bridges, signs, arches or roof overhands on applicable plans
that will impede service by trash and recycling trucks, as a 14 -foot clearance is required.
5. The Applicant shall indicate on site plans (call -out notation) how green waste/ grass
clippings will be recycled, and if additional space for green waste will be necessary.
VI. The following on-going conditions shall apply to the Project Site as long as it relies
on this approval:
The site shall be developed and maintained in accordance with the approved plans,
which include site plans, floor plan, and elevation plan on file in the Planning
Division, the conditions contained herein, and Title 19.
2, The Applicant shall install and maintain all landscaping and hardscape improvements
in accordance with the approved landscape plan.
3. Approval of the Design Review Permit shall not waive compliance with any sections
of Title 19 of the CVMC, nor any other applicable laws and regulations in effect at
the time of building permit issuance.
4. The Property Owner and Applicant shall and do -agree to indemnify, protect, defend
and hold harmless City, its City Council members, Planning Commission 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.
This Design Review Permit shall become void and ineffective if not utilized within
three years from the effective date thereof, in accordance with Section 19.14.600 of
the Municipal Code,
V1I. GOVERNMENT CODE SECTION 66020(d)(1) NO'T'ICE
Pursuant to Government Code Section 66020(d) (1), NOTICE 1S HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this Resolution begins on the effective date of this Resolution and any
such protest must be in a manner that complies with Section 66020(x) and failure to timely
PC Resolution DR15-0031
October 26, 2016
Page 8
follow this procedure will bar any subsequent legal action to attach, review, set aside, void
or annul 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 this 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 OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same.
Upon execution, this -document shall be signed and returned to the City's Development
Services Department.
Signature of Property Owner
Printed Name of Property Owner
Signature of Applicant
Printed Name of Applicant
IX. CONSEQUENCE OF FAILURE OF CONDI'T'IONS
Date
Date
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. Failure to satisfy the
conditions of this permit may also result in the imposition of civil or criminal penalties.
PC Resolution DR 15-0031
October 26, 2016
Page 9
X 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, provisions or conditions are
detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect.
Presented by:
Kelly Broughton
Director of Development Services
Approved as to form by:
Glen. R. Googins
City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th day of October 2016, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gabe Gutierrez, Chair
ATTEST:
Patricia Laughlin, Secretary