HomeMy WebLinkAboutReso 2016-262DOC# 2017-0032063
RESOLUTION NO. 2016-262
Jan 20, 2017 01:07 PM
Recording requested
OFFICIAL RECORDS
by:
Ernest J. Dronenburg, Jr.,
City of Chula Vista
SAN DIEGO COUNTY RECORDER
After recording return
FEES: S42.00
to:
PAGES: 10
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Tyshar Turner
This space for Recorder's use only
RESOLUTION NO. 2016-262
RESOLUTION NO. 2016-262
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN REVIEW PERMIT
(DR16-0003) TO CONSTRUCT A 130,801 SQUARE FOOT
RETAIL CENTER WITH 585 PARKING SPACES ON 12.5
ACRES WITHIN THE MILLENIA MASTER PLANNED
COMMUNITY
WHEREAS, the area of land which is the subject of this Resolution are two existing
parcels located in the Millenia/Eastern Urban Center (EUC) Sectional Planning Area (SPA) in
the Gateway Mixed Use Commercial .District (District 1, Lots 2 and 3 of Final Map 16081); and
WHEREAS, a duly verified application for a Design Review Permit was filed on March
16, 2016 with the City of Chula Vista Development Services Department by Sudberry Properties
(Applicant) for a 130,801 square foot retail center with 585 parking spaces within the Gateway
Mixed Use Commercial District (Project); and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project was adequately covered in previously adopted Final Second Tier Environmental Impact
Report, EIR-07-01, therefore no further environmental review is required; and
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearing, together with its purpose given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 feet of the exterior
boundaries of the Project Site at least ten (10) days prior to the hearing; and
WHEREAS, the duly noticed and called public hearing on the Project was held before the
City Council in the Council Chambers in City Hall; Chula Vista Civic Center, 276 Fourth Avenue,
to hear public testimony with regard to the same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby fmds, determines, and resolves as follows:
I. DESIGN REVIEW FINDINGS
1. That the proposed Project is consistent with the development regulations of the
Eastern Urban Center Sectional Planning Area (EUC SPA) Plan and Planned
Community (PC) District Regulations.
The proposed retail center use is permitted and meets all of the development
regulations as stipulated in the EUC PC District Regulations as conditioned as further
detailed in the City Council staff report for this project, included and adopted herein.
Resolution No. 2016-262
Page No. 2
2. The proposed Project is consistent with the design and development standards of the
EUC SPA Design Plan.
The Project is in compliance with the District 1, Gateway Mixed Use Commercial
District, Design Guidelines of the EUC SPA Form Based Code as detailed in the City
Council staff report for this project, included and adopted herein.
BE IT FURTHER RESOLVED that the City Council, based on the Findings above, does
hereby recommend approval of the Design Review Permit subject to the following conditions
which shall be accomplished to the satisfaction of the Director of Development Services or
designee, prior to issuance of building permits, unless otherwise specified:
Planning Division
1. Prior to issuance of building permits for buildings "G" and "H" on lot 2 and "K" and "L"
on lot 3, the Applicant shall obtain a separate administrative design review approval for
these buildings.
2. The site shall be developed and maintained in accordance with the approved plans, which
include site plans, landscape plans, and elevation plans on file in the Planning Division,
the conditions contained herein, and Title 19.
3. 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
deposit account DQ -3132.
4. The colors and materials specified on the building plans shall be consistent with the
colors and materials shown on the site plan and materials board reviewed by the Planning
Commission on November 9, 2016.
5. 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.
6. All exterior lighting on Lots 2 and 3 shall include shielding to remove any glare from
adjacent residents and hotel guests. 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.
7. A graffiti resistant treatment shall be specified for all wall and ground floor building
surfaces. This shall be noted on any building and wall plans and shall be reviewed and
approved prior to the issuance of building permits. Additionally, the project shall
conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code (CVMC)
regarding graffiti control or as approved by the Director of Development Services or
designee.
Resolution No. 2016-262
Page No. 3
8. 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
properties and streets. Such screening shall be architecturally integrated with the building
plans.
9. All applicable requirements and mitigation measures of the adopted Final Second Tier
Environmental Impact Report, EIR-07-01 shall be met.
Land Development Division, Engineering Section
10. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Design
and Construction Standards: the Development Storm Water Manual for Development &
Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State
of California Subdivision Map Act.
11. Prior to issuance of the grading or site development permit, the Applicant shall enter into
a Storm Water Management Facilities Maintenance Agreement with Grant of Access and
Covenants with the City where Developer agrees to perpetually maintain the private
BMPs that will serve the project site in accordance with the approved Water Quality
Technical Report (WQTR).
12. Prior to issuance of the grading or site development permits for the project, the Applicant
shall provide evidence to the City Engineer, or designee, that the Applicant has the right
to construct and use Lot "B" of Map No. 15942 as part of the project for the proposed
BMPs to treat the stormwater generated at the project site.
13. Prior to the issuance of the grading or site development permit for the project, the
Applicant shall provide to the City Engineer, or designee, a Letter for Permission to
Grade, if proposed improvements encroach into an adjacent private property.
14. Before the issuance of the first building permit, the Applicant shall pay the following
Engineering Fees (fees are adjusted on October 1 st of every year):
a) Sewer Capacity Fee
b) Traffic Signal Fee
c) Sewer Basin DIF
d) Other Engineering Fees per the Master Fee Schedule.
15. On-site drainage and sewer systems shall be private.
16. Before the issuance of a building permit associated with a specific pad, the Applicant
must submit pad certification.
17. Prior to the issuance of the first building permit for the project, the Applicant shall
provide to the City verification of service from Otay Water District.
Resolution No. 2016-262
Page No. 4
18. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
19. Prior to the issuance of any building permit associated with work in the public right-of-
way, the Applicant shall apply for a Construction Permit and bond for any work needed in
the City's right-of-way. This work includes, but is not limited to the construction of
private laterals to public facilities and the corresponding trench backfill and surface
restoration.
20. Before the issuance of a certificate of occupancy for the Project, the driveway connecting
to Stylus Street/Millenia Avenue shall be operational, to the satisfaction of the City
Engineer, to allow the Fire Department and customers to enter and exit the site.
21. Before the issuance of a certificate of occupancy, the jogging path along the frontage of
the subject property (along Millenia Avenue) shall be constructed.
22. Additional requirements may be set at the time development takes place and/or a building
permit is applied for, depending upon final plans submitted for building permits.
Landscape Architecture
23. Prior to issuance of the first building permit the Applicant shall obtain approval to a
"Landscape Documentation Package" that complies with the Chula Vista Landscape
Water Conservation Ordinance, 2015 update, Municipal Code Chapter 20.12.
24. Prior to approval of Improvement Plans and L&I plans the Applicant shall ensure that all
paving materials are coordinated between civil, architectural and landscape plans
including details of products, colors, finishes, and suppliers as appropriate for
construction.
25. The construction drawings shall be approved by both the Otay Water District and the
Department of Environmental Health.
26. Irrigation details are preliminary and will be reviewed in detail with the construction
drawings.
27. In order to comply more fully with Sections 02.01.003.d. and 03.15.007 of the Eastern
Urban Center Form Based Code regarding screening of parking areas, the Landscape
Documentation Package shall be revised to show evenly spaced straight lines of screening
shrubs to form hedges and mass plantings to screen the drive-thru lanes. Shrubs spacing
shall be based on 75% mature plant size.
Resolution No. 2016-262
Page No. 5
Fire Department
The following Fire Department Conditions of Approval are general requirements that the
Applicant shall address at the time of building permit submittal to the satisfaction of the Fire
Marshall or designee.
28. 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, as adopted and
amended by the State of California and the City of Chula Vista.
29. The Project shall provide a fire flow consistent with the requirements of the California
Fire Code and acceptable to the Fire Department.
a) For lot 2 — 25,006 square feet of Type V -B construction, this project will require a
fire flow of 4,250 gallons per minute for a 4 -hour duration at 20 p.s.i.
b) Based on the required fire flow for Lot 2 Type V -B construction type, a minimum
of five fire hydrants are required to serve this project.
c) Lot 2 shall have hydrants spaced at 300' average spacing and 180' maximum
spacing between.
d) For lot 3 — 11,852 square feet of Type V -B construction, this project will require a
fire flow of 3,000 gallons per minute for a 3 -hour duration at 20 p.s.i.
e) Based on the required fire flow for Lot 3 Type V -B construction type, a minimum
of three fire hydrants are required to serve this project.
f) Lot 3 shall have hydrants spaced at 400' average spacing and 225' maximum
spacing between.
30. Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus
access road, as measure by an approved route around the exterior of the building, on site
fire hydrants and mains shall be provided.
31. A fire service study shall be performed that includes a hydraulic water flow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The
Hazen Williams formula shall be used in the determination of these flows and pressures.
The analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand id available at the most demanding sprinkler riser. A
reduction of 25% in fire flow will be granted for buildings protected throughout by an
approved automatic fire sprinkler system.
32. The Project shall be protected throughout by an approved automatic fire sprinkler system
in accordance with CA Fire Code section 903.
Building Division
The Applicant shall address the following Building Division Conditions of Approval at the time
of buildingpermit submittal to the satisfaction of the Building Official or designee.
Resolution No. 2016-262
Page No. 6
33. The Project shall comply with 2013 California Building Code (CBC), California Mechanical
Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California
Fire Code (CFC), the 2010 California Energy Code, and the 2013 California Green Building
Standards, as adopted and amended by the State of California and the City of Chula Vista.
34. The Project must be designed by an Architect or Engineer licensed by the State of California.
[California Business and Professional Code 5536.1, 6735].
35. Site development, site lighting, perimeter masonry walls, retaining walls, trash
enclosures, monument and other signage and grading may be under separate permit.
36. The Applicant shall provide a Building Code Data Legend on the title (first) sheet of the
plans. Include the following code information for each building or space proposed:
a) Occupancy Group classification, CBC Ch. 3.
b) Type of Construction, CBC Ch. 6
c) Type of Fire Sprinkler (Full 13, 13R, 13D, not sprinklers) CBC Ch9.
d) Proposed and allowable Floor area, CBC Table 503
e) Proposed and allowable Number of Stories,
f) Proposed and allowable Building Height CBC 502.1
g) Provide calculation for Area and height increases
h) Mixed use Area Calculation for multiple occupancies
37. On the site plans, the Applicant shall identify the dimension distances from building(s) to
all property lines, street centerlines, and adjacent existing or proposed structures on the
site. Exterior walls shall have a fire -resistance rating per CBC T-601 & T-602. Exterior
wall openings are limited and shall have fire protection rating per CBC Ch. 7. On the site
plans, the Applicant shall identify the dimension distances from all proposed buildings to
all property lines.
38. The Applicant shall provide structural calculation and a soils report and Energy
Calculations.
39. The Applicant shall identify that public and common areas satisfy disabled access
requirements.
1I. The following on-going conditions shall apply to the project 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, elevation plans, and landscape plans on file in the
Planning Division, the conditions contained herein, and Title 19.
2. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved Landscape Documentation Package.
Resolution No. 2016-262
Page No. 7
3. Approval of the Design Review Permit shall not waive compliance with any sections
of Title 19 of the Municipal Code, 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, 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 Resolution
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 19.14.260 of
the Municipal Code.
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 in a timely manner this procedure will bar any subsequent legal action to attack,
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 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.
IV. 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.
Resolution No. 2016-262
Page No. 8 _ ;
-
Signature of Applicant he.,on/ "X)os
L_-1 Y-16
Signature of Property Owne Tz1d%&"_n Date
V. CONSEQUENCE OF FAILURE OF CON ITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of future
building permits, deny, revoke or further condition all certificates of occupancy issued
under the authority of approvals herein granted, instituted and prosecute, litigate or compel
their compliance or seek damages for their violations. No vested rights are gained by
Applicant or any successor in interest by the City approval of this Resolution.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
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, if the City so determines in its
sole discretion, this Resolution shall be deemed to be revoked and of no further force or
effect ab initio.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby adopts this Resolution approving the Project in accordance with the findings and subject
to the conditions contained herein.
Presented by
Approved as to form by
len R. Ooogins
ty Alto ey
Resolution No. 2016-262
Page No. 9
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December 2016 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, and Salas
NAYS:
ABSENT
Councilmembers: None
Councilmembers
ABSTAIN: Councilmembers
ATTEST:
Donna R. orris, C, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
None
Miesen
Maryalas, Mayor
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2016-262 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of December 2016.
Executed this 6th day of December 2016.
Donna R. N 's, CM , City Clerk