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HomeMy WebLinkAboutItem 2 - Attch 3 - Draft PC ResoRESOLUTION 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 1T RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: 1. 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 Nov6mber 9, 2015 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 andseating 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. 5. 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 November 9, 2015 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. II. 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 1. 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 cormnercial, 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 November 9, 2015 Page 4 DXIi 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 fiuniture, 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 Plan 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 swaies 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 November 9, 2015 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. ii. 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 storm drain connections to existing public utilities.. The Public Works Operations Section will need to inspect any existing sewer laterals and connections that are to be used by the new development. Laterals and connections may need replacement 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. 17. 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 under 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 1. 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 DR15-0031 November 9, 2015 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 1 -inch per the Chula Vista Fire Code amendment and S WA. IV. The following shall be accomplished to the satisfaction of the City Building Official or .designee, -prior to issuance of grading or building permits, unless otherwise specified: - Development Services 1 Building Division 1. 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 e 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 1 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 DR15-0031 November 9, 2015 Page 7 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 tracks, as a 14 -foot clearance is required. 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: 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. 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, S. 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. VII. GOVERNMENT CODE SECTION 66020(d)(1) 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 timely PC Resolution DR15-0031 November 9, 2015 Page 8 follow this procedure will bar any subsequent legal action to attack, 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 CONDITIONS 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 teens, 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 DR15-0031 November 9, 2015 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 determined 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 9th day of November 2016, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Gabe Gutierrez, Chair ATTEST: Patricia Laughlin, Secretary