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HomeMy WebLinkAbout2018-03-14 PC Agenda City of Chula Vista Boards & Commissions Planning Commission DR17-0019; Design Review consideration of five (5) detached, three-story buildings totaling 50,362 square-feet consisting of 62 apartment units with associated parking and open space on approximately 1.5 acre located at 260-270 Broadway. Applicant: Silvergate Ray Broadway Investors, LLC. Project Manager: Caroline Young, Associate Planner Resolution of the City of Chula Vista Planning Commission approving a Design Review Permit, DR17-0019 to construct five (5) detached, three-story buildings totaling 50,362 square- feet consisting of 62 apartment units with associated parking and open space on approximately 1.5 acre located at 260-270 Broadway. That the Planning Commission adopt Resolution DR17-0019 approving the project, based on the findings and subject to the conditions contained therein. In compliance with the AMERICANS WITH DISABILITIES ACT City of Chula Vista Boards & Commissions Planning Commission Motion by Calvo; Second by Zaker Motion passed 5-0-0 Item: ___2____ Meeting Date: 3/14/18 ITEM TITLE: A. Public Hearing: DR17-0019; Design Review consideration of five (5) detached three story buildings totaling 50,362 square-feet consisting of 62 apartment units with associated parking and open space on approximately 1.5 acres located at 260-270 Broadway. Applicant: Silvergate Ray Broadway Investors, LLC. Resolution of the City of Chula Vista Planning Commission approving a Design Review Permit, DR17-0019 to construct five (5) detached three story buildings totaling 50,362 square-feet consisting of 62 apartment units with associated parking and open space on approximately 1.5 acres located at 260-270 Broadway. SUBMITTED BY: Caroline Young, Associate Planner REVIEWED BY: Kelly Broughton, Director of Development Services INTRODUCTION On May 16, 2017, the Applicant submitted a Design Review application for approval of the above-referenced apartment project. The southern portion of the site was previously a used auto sales facility, which has since vacated the property. The northern portion of the site is a tire repair shop (see Locator Map, Attachment 1). ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the previously adopted Urban Core Specific Plan Final Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 06-01, certified by the Chula Vista City Council in May 2007. Thus, no further environmental review is required. RECOMMENDATION: That the Planning Commission adopt Resolution DR17-0019 approving the project, based on the findings and subject to the conditions contained therein. Planning Commission DR17-0019 March 14, 2018 Page No. 2 DISCUSSION: Project Site Characteristics: The 1.5-acre project site is located in the western portion of Chula Vista. Currently, the site is vacant. The site is surrounded by a mobile home park to the north, west, and south with retail adjacent to Broadway to the north, east, and south (Attachment 1, Locator Map). Summary of Surrounding Land Uses General Plan Zoning Current Land Use Site: Mixed-Use Residential UC-13/UC-14 Vacant/Tire Repair Shop South: Mixed-Use Residential UC-13 Mobile Home Park North: Mixed-Use Residential UC-13/UC-14 Coml. Retail/Mobile Home Park East: Mixed-Use Residential UC-13 Commercial Retail West: Urban Core Res/Mixed-Use Res. UC-14 Mobile Home Park Project Description The proposal includes five (5) separate, three-story buildings totaling 50,362 square-feet and includes nine different plan types ranging from one and two bedroom units for a total of 62 apartment units. The floor plans, consisting of 50-one bedroom units and 12-two bedroom units, are sized at approximately 751 square-feet to 1,258 square-feet for each unit. The proposed floor plans include a kitchen, dining room, living room, bathrooms, and bedrooms. Each unit has an open parking space along the perimeter of the site or a space within the carport. First floor plan design provides for front entries off an enhanced courtyard or open space area. Balconies are provided for units on the upper floors. Architecture The modern style architecture incorporates textural and natural materials driven by a modern look. Simple bold forms are provided in screen walls, panel cladding, metal wall accents, and balconies. The color of the stucco building is white with a light gray colored panel cladding and a dark gray metal wall accent. The patio and balcony areas have a decorative vertical trespa screen wall with a brown wood color perforated panel guardrail provided around the entrances and patio/balcony areas. Other materials include a flat roof with dark gray colored metal wall accents along the elevation. Amenities On site amenities include several open space areas throughout the project site consisting of a passive open space area in a courtyard setting, located in two areas of the site with pedestrian benches. Along Broadway is a linear plaza area with pedestrian street lights, street trees, public art, seating, planter areas, and bicycle parking. Other open space areas are provided in private balconies and patios. Each unit is provided with either a balcony or a patio. Planning Commission DR17-0019 March 14, 2018 Page No. 3 Pedestrian/Vehicle Access There are several vehicle and pedestrian access ways on and off the site. The two main pedestrian links are provided off of Broadway between Buildings 1 and 3 and Buildings 4 and 5 via a pedestrian gate and plaza area. Vehicles can access the site through two driveways along Broadway. Enhanced paving is provided at both driveway entrances. Compliance with Development Standards The following Project Data Table shows the development regulations along with the A proposal to meet said requirements: 567-032-18-00, 19, 20 Current Zoning: UC-13 & UC-14 General Plan Designation: Mixed-Use Residential Lot Area: 1.5 acres PARKING REQUIRED: PARKING PROPOSED: Parking spaces, broken down as follows: 1.5 spaces for one bedroom units 2 spaces for two bedroom units Handicapped= 2 spaces 50 Units x 1.5=75 parking spaces Regular=81 spaces 12 Units x 2=24 parking spaces Compact=16 spaces Total: 99 parking spaces Total: 99 parking spaces SETBACKS/HEIGHT REQUIRED: SETBACKS/HEIGHT PROPOSED: Front: 0 feet* 4 feet* Side: 0 feet 5 & 68 feet Rear: 0 feet 18 &111 feet Height: min 18 feet/max 60 feet 31 feet *Per the UCSP, UC-13 zone, a minimum of 50% of street wall frontage is required. This requirement may be waived if amenities, such as a public plaza, are provided per the Development Exceptions Findings and Section F Urban Amenities. Development Exceptions The Urban Core Specific Plan (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. 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. These findings are addressed in the Analysis Section below. Planning Commission DR17-0019 March 14, 2018 Page No. 4 ANALYSIS: Compliance with Chula Vista Municipal Code (CVMC) and Urban Core Specific Design Guidelines vision for the development of higher density, pedestrian-oriented projects and a broad range of uses that serve the needs of adjacent residents, promote neighborhood activity, and are compatible with adjacent neighborhoods. The adopted UCSP contains more focused objectives and policies, as well as the required regulations and development standards to review and evaluate development projects for ctives and policies for the area. In addition, the UCSP provides incentives and exceptions for projects that represent the siting of a variety of land uses in an urban environment that is both pedestrian and environmentally sensitive, and provide a variety of amenities that will increase the quality of life of the neighborhood. The proposed project was reviewed and evaluated based on the General Plan objectives and policies and the in the Urban Core Mid Broadway District. Following is an analysis of the project based on the applicable policies and standards of the UCSP. In regard to the requested exception, the required findings are made as follows: 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 project. The project as proposed implements the General Plan and Specific Plan by providing a residential use on Broadway. The intent of the General and Specific Plans is to facilitate and encourage development and improvements that will help realize the and the UC 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 these goals and objectives because it brings improvements and community benefits to an area of Broadway which is currently under-performing and not living up to the stated vision of the Specific Plan. This project has the potential to spur additional development along the Broadway corridor with additional community and economic benefits. 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 except for the 50% street wall frontage requirement. The building has a maximum height of 31 feet, which is under the maximum permitted by the UCSP. The project provides all the required parking on-site. Open space and landscaped areas are also provided in excess of the minimum required. The building form respects the properties in the adjacent residential zones to the north, south and west of the site by locating the building closer to Broadway and providing the parking spaces Planning Commission DR17-0019 March 14, 2018 Page No. 5 adjacent to the residents. The building design orients balconies towards the courtyards in between buildings and not towards the adjacent properties. Landscaping has been placed along the perimeter. 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. Street Wall Frontage This finding refers to the Urban Amenities Table of the UCSP, which presents a wide variety of urban amenities either required or desired within the Urban Core District. The table describes whether these amenities are required by the USCP (or other regulations) or whether provision of these elements will be encouraged through incentives. One of the incentives provided in the UCSP is to provide a public plaza. The UCSP requires a minimum of 50% of the street wall frontage for buildings along Broadway to be located at the property line. The Applicant is proposing the entire building wall frontage along Broadway to maintain a 4-ft. and 6-ft. setback. By providing a qualifying amenity and applying the incentive provisions through the above findings, the proposed project may deviate from the 50% street wall frontage requirement and allow the building to be located further beyond the property line. The amenity provided by the project is listed below followed by a brief description. Public Plaza A 1,274 square-foot linear public outdoor open space, provided with benches, bicycle parking, pedestrian lighting, and public art along Broadway. This allows 50% of the building wall frontage to not be placed along the property line, and provide a four (4) foot setback instead. One of the important features of the project is the public plaza located along Broadway, along the entire frontage of the project. The plaza is located outside the building and represents a valuable outdoor public space that is accessible to and can be used by the building residents, customers of the adjacent commercial uses, or by the general public. This feature will offer a passive recreational space for people to congregate and interact, and create neighborhood activity. The plaza represents a public benefit and a positive addition to the project, which is considered an appropriate justification for the deviation to the 50% building wall frontage. The proposed 4-ft. setback of the building is designed to provide a the street. 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 pfor an urban residential development. The addition of the linear public plaza in lieu of the four (4) foot building setback along Broadway would allow the project to comply with the goals and objectives of the General Plan and Specific Plan by providing a pedestrian friendly environment and activate the street. Even though the building is placed four (4) feet behind the property line, the three (3) story building will still provide a desirable building form along Broadway. The proposed 4-ft. setback of the Planning Commission DR17-0019 March 14, 2018 Page No. 6 bedroom window or patio area from the street, while still maintaining distance away from the adjacent residents to the north, south, and west. The proposed development creates a people activated, urban area that contributes to the Cnhances the public realm through improved streetscape design and individual building character. General Plan policy calls for additional residential development within the UC District to support the existing and future commercial development. Site Planning and Building Placement/Orientation The Urban Core Specific Plan Design guidelines promote an attractive and functional arrangement of buildings ample open spaces that are sensitive to the physical characteristics of the site that provides a high standard of visual quality and livability for the residents. The guidelines also promote neighborhood compatibility, site access, site design, siting and orientation, setbacks, plaza and open space, and enhanced building elevations. The proposed features throughout the site meet the Urban Core Specific Plan Design Guidelines as described below. In accordance with the Urban Core Specific Plan regulations, the residential component shall at a minimum meet the private and common useable open space requirement of the UC-13 and UC- 14 zone. The proposal includes an attractive and functional arrangement of five (5) detached buildings with a passive open space area in the center of the buildings located within a courtyard setting. Within the active open space area, several pedestrian features are provided such as a passive open space area, benches, and landscaping for the residents to enjoy. The project provides either a balcony or a patio for each tenant. A linear public plaza is provided to activate the street along Broadway with pedestrian street lights, street trees, public art, seating, planter areas, and bicycle parking. A total of 200 square-feet of open space is required for each residential unit. A total of 12,400 square-feet is required. By providing several different passive and active areas, the project meets and exceeds the required open space requirement, by providing 15,498 square-feet of open space for the residents in addition to a 1,274 sq. ft. public plaza area. The project also promotes neighborhood compatibility by placing the buildings furthest from the existing multi-family development located to the west and south of the project site. The buildings have been oriented in a way to protect the privacy of the residential units on adjacent lots as well as the residential units proposed on the site from the commercial uses along Broadway. The building is located adjacent to the property line & not directly on the property line along Broadway to promote a pedestrian friendly environment by providing a linear public plaza. There are two main pedestrian access points off the linear public plaza via an access gate. The pedestrian access continues through passive open space areas between the buildings to the rear of the site. While pedestrian access is a design feature in the Urban Core Specific Plan, increased vehicular access is also important in order to offer a variety of ways to access different areas. Dispersion of automobile traffic also has the effect of making areas more pedestrian friendly as cars and pedestrians have less direct interaction. The project provides two vehicular access points to the site. Planning Commission DR17-0019 March 14, 2018 Page No. 7 Building Design The UCSP Design Guidelines promote a cohesive architectural theme and building characteristics that provide architectural unity. Buildings should be designed to facilitate pedestrian activity and should include architectural features that reflect the local vernacular and are appropriate to the local climate. The parchitecture is consistent with the policies of the UCSP Design Guidelines. The proposed modern style architecture includes light colored stucco walls with panel cladding, a flat roof, and balconies with screen walls and metal wall accents. According to the UCSPDesign Guidelines, enhanced elevations should include varying building elements, roof pitches, and setbacks to avoid monotony. In addition, distinctive building elements shall be oriented toward the street intersection. Street facing facades are required to incorporate a range of scale-defining elements that relate larger building masses to the scale of the pedestrian. Elements may include trellises, columns, archways, doorways, porches or patios and upper floor balconies and windows. For the proposed project, additional design features such as wall panel cladding, metal wall accents, decorative vertical trespa screen wall and perforated panel guardrails provided around the entrances and patio/balcony areas, varying building facades and building offsets were added along the exterior elevations to avoid a monotonous design. Parking The Chula Vista Municipal Code requires 1.5 spaces for one bedroom units and 2 spaces for two bedroom units. Therefore, the required parking for the residential units is 99 spaces. Onsite parking consists of open parking spaces and carport spaces located around the site. The Applicant has proposed 81 regular parking spaces, 16 compact spaces and 2 handicapped spaces for a total of 99 spaces. The project meets the required parking requirements. CONCLUSION The proposed residential project with five (5) detached three-story buildings totaling 50,362 square feet consisting of 62 apartment units is a permitted land use in the UC-13 & UC-14 Zone. The proposal complies with the policies, guidelines and design standards for the Urban Core Specific Plan. Therefore, staff recommends the Planning Commission approve Design Review Permit, DR17-0019 subject to the conditions listed in the attached Resolution. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18705.2(a)(11), for et seq.). Staff is not independently aware, and has not been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. Planning Commission DR17-0019 March 14, 2018 Page No. 8 FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. Attachments 1. Locator Map 2. Planning Commission Resolution DR17-0019 3. Disclosure Statement 4. Project Plans J:\\Planning\\Caroline\\Discretionary Permits\\260-270 Broadway\\PC Staff report RETAIL RETAIL UTOZON COMFORT INN &SUITES VAGABOND O'RIELLr5 INN MOTEL PROJECT WILDD rs LOCATION 0 w L .x TRAILER VILLA MHP CASA VICTORIA 7-11 APARTMENTS RETAIL CARWAS CALI BAGUETT PHO RETAIL CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT silvergate Ray Broadway PROJECTMSCRIPTION' APPLICANT Investors, LLC DESIGN REVIEW PROJECT 260 Broadway Project Summary; Proposal for a 3 story,62 unit apatnents with ADDRESS: parking in UG1�4 zone of ft t1CSP SCALE: FILE Nf1MHER: NORTH No Scale 1781 T-OQ19 Related cases:None J'1p*w*KN odic notiomWr%*17-M91dr170014&1O.ati 061017 Attachment 1 RESOLUTION NO. DR17-0019 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT DR17-0019 TO CONSTRUCT FIVE (5) DETACHED THREE STORY BUILDINGS TOTALING 50,362 SQUARE-FEET CONSISTING OF 62 UNIT APARTMENT UNITS WITH ASSOCIATED PARKING AND OPEN SPACE ON APPROXIMATELY 1.5 ACRES LOCATED AT 260-270 BROADWAY WHEREAS, on May 16, 2017, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Silvergate Ray Broadway Investors, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of five (5) detached, three story buildings totaling 50,362 square-feet consisting of 62 apartment units with associated parking and open space on approximately 1.5 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 260-270 Broadway (Project Site); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed Project was adequately covered in the previously adopted Urban Core Specific Plan Final Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 06- 01, certified by the Chula Vista City Council in May 2007. Thus, no further environmental review 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 in the Council Chambers, 276 Fourth Avenue, 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: 1. That the proposed Project is consistent with the development regulations and design guidelines of the Urban Core Specific Plan and other applicable regulations contained in the Chula Vista Municipal Code. Attachment 2 PC Resolution DR17-0019 March 14, 2018 Page 2 The proposed Site is designated Urban Core (UC-13 & UC14) and is permitted for residential use. The Project is in compliance with the Urban Core Specific Design Guidelines and is consistent with the Chula Vista Municipal Code. The Applicant is proposing to build a total of 62 units. Each unit either includes an open parking space and/or parking spaces located within the carports. Enhanced architectural details are proposed along the street elevations and the layout of the Site provides for a pedestrian oriented design in accordance with the Urban Core Specific Plan Design Guidelines. Along Broadway is a linear plaza area with pedestrian street lights, street trees, public art, seating, planter areas, and bicycle parking. Other open space areas are provided in private balconies and patios. Each unit is provided with either a balcony or a patio. A total of 99 parking spaces are required for the residential units. The project proposes 99 spaces. The total building height is 31-ft., the maximum building height in accordance with the guidelines is 60-ft. The floor area ratio and setback requirements are subject to the UC-13 & UC-14 zone. The Project meets the zone requirements. 2. That the proposed Project is consistent with the design requirements and recommendations contained in Chapter VII - Design Guidelines of the Urban Core Specific Plan. The proposed Project architecture features a modern architectural design that is eclectic and exemplifies and contributes to the dynamic revitalization and vibrancy along Broadway. The building mass is articulated by horizontal and vertical plane offsets, including balconies, which provide variety and interest and are highlighted by accent colors and materials that break up the roof line. The building facades also include a variety of building materials and colors, including wall panel cladding, metal wall accents, decorative vertical trespa screen wall and perforated panel guardrails provided around the entrances and patio/balcony areas, varying building facades and building offsets were added along the exterior elevations to avoid a monotonous design. The overall design, form and scale of the building fit within the guidelines of the Urban Core Specific a strong precedent for future development planned along Broadway. In regard to the requested street frontage exception, the required findings are made as follows: 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 Project. The Project as proposed implements the General Plan and Specific Plan by providing a residential use on Broadway. The intent of the General and Specific Plans is to facilitate and encourage development and improvements that will help realize the 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 PC Resolution DR17-0019 March 14, 2018 Page 3 benefits to an area of Broadway which is currently under-performing and not living up to the stated vision of the Specific Plan. This project has the potential to spur additional development along the Broadway corridor with additional community and economic benefits. 2. The proposed development will comply with all other regulations of the Specific Plan. As indicated in the Development Standards table, the Project complies with all other development standards and regulations of the Specific Plan, except for the 50% street wall frontage requirement. The building has a maximum height of 31 feet, which is under the maximum permitted by the Urban Core Specific Plan (UCSP). The Project provides all the required parking on-site. Open space and landscaped areas are also provided in excess of the minimum required. The building form respects the properties in the adjacent residential zones to the north, south and west of the Site by locating the building closer to Broadway and providing the parking spaces adjacent to the residents. The building design orients balconies towards the courtyards in between buildings and not towards the adjacent properties. Landscaping has been placed along the perimeter. 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. Street Wall Frontage This finding refers to the Urban Amenities Table of the UCSP, which presents a wide variety of urban amenities either required or desired within the Urban Core District. The table describes whether these amenities are required by the USCP (or other regulations) or whether provision of these elements will be encouraged through incentives. One of the incentives provided in the UCSP is to provide a public plaza. The UCSP requires a minimum of 50% of the street wall frontage for buildings along Broadway to be located at the property line. The Applicant is proposing the entire building wall frontage along Broadway to maintain a 4-ft. and 6-ft. setback. By providing a qualifying amenity and applying the incentive provisions through the findings, the proposed Project may deviate from the 50% street wall frontage requirement and allow the building to be located further beyond the property line. The amenity provided by the Project is listed below followed by a brief description. Public Plaza A 1,274 square-foot linear public outdoor open space, provided with benches, bicycle parking, pedestrian lighting, and public art along Broadway. This allows 50% of the building wall frontage to not be placed along the property line, and provide a four (4) foot setback instead. One of the important features of the Project is the public plaza located along Broadway, along the entire frontage of the Project. The plaza is located outside the building and represents a valuable outdoor public space that is accessible to and can be used by the building residents, customers of the adjacent commercial uses, or by the general public. This feature will offer a passive recreational space for people to congregate and interact, and create neighborhood activity. The Plaza represents a public benefit and a positive addition to PC Resolution DR17-0019 March 14, 2018 Page 4 the Project, which is considered an appropriate justification for the deviation to the 50% building wall frontage. The proposed 4-ft. setback of the building is designed to provide a the street. 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. plaza is appropriate for an urban residential development. The addition of the linear public plaza in lieu of the four (4) foot building setback along Broadway would allow the Project to comply with the goals and objectives of the General Plan and Specific Plan by providing a pedestrian friendly environment and activate the street. Even though the building is placed four (4) feet behind the property line, the three (3) story building will still provide a desirable building form along Broadway. The proposed 4-ft. setback of the building is designed to provide a greater buffer and privacy between the residential bedroom window or patio area from the street, while still maintaining distance away from the adjacent residents to the north, south, and west. The proposed development creates a people the public realm through improved streetscape design and individual building character. General Plan policy calls for additional residential development within the UC District to support the existing and future commercial development. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves the Design Review Permit subject to the following conditions: I. The following 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. The Site shall be developed and maintained in accordance with the approved plans, which include site and landscape plans, floor plan, and elevation plan on file in the Development Planning Division, the conditions contained herein, and Chula Vista 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 deposit account DQ-3378. 3. 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. PC Resolution DR17-0019 March 14, 2018 Page 5 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans. Additionally, the Project shall conform to Section 9.20.055 of the Municipal Code 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 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 8. The Applicant shall obtain approval of a sign permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. 9. Prior to the issuance of any site development permit (Demolition, Grading, Building Permit), the Applicant shall obtain a final closure letter in accordance with the Subsurface Assessment Phase 2 Report, from the County of San Diego Department of Environmental Health noting the underground storage tank and all contaminations have be removed from the site. Land Development Division/Landscape Architecture Division 10. The following fees may be adjusted 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 per the Master Fee Schedule. 11. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: a. Grading Plans b. Construction Permit 12. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is required in accordance with CVMC 17.10.100. The current PAD fee for West Chula Vista Projects is $7,825 for Multi-Family. 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 issuance of first Building Permit is required. The PAD PC Resolution DR17-0019 March 14, 2018 Page 6 fee for the Project at this time is $ 485,150 (62 @ $7,825/unit). Credit will be awarded for existing buildings on the site. 13. 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 and all proposed sewer or storm drain on site. 14. ents in accordance with Section 12.12.120 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of drivers at the street intersections or driveways. 15. Proposed Fire Access shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 16. Streets or driveways within the Project shall be designated as private. 17. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site in accordance with Municipal Code Title 15.04. The Applicant shall Development Storm Water Manual requirements, including, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and Geotechnical/Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre- Development and Post-Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post-Development flows exceed Pre- Development flows; analysis shall include flows from 2 year, 10 year, and 50 year return frequency storms. c. Drainage study shall also demonstrate that no property damage will occur during the 100-year storm event. d. Drainage study shall show any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite work will require Letters of Permission from the offsite property owner(s). 18. On May 2013, the California Regional Water Quality Control Board for the San Diego Region (SDRWQCB) reissued municipal storm water, National Pollutant Discharge Elimination System permit (Municipal Separate Storm Sewer Systems Order No. R9- 2013-0001 and as amended by Order Nos R9-2015-0001 & R9-2015-0100 \[MS4 Permit\]) that covered its region. PC Resolution DR17-0019 March 14, 2018 Page 7 19. The Project shall comply with all requirements of the MS4 Permit and City of Chula Vista Best Management Practices (BMP) Design Manual, December 2015 and as amended (BMP Design Manual) for both construction and post-construction phases of the Project. Documentation shall be provided, to the satisfaction of the City Engineer, or designee, to demonstrate such compliance. 20. The MS4 Permit and BMP Design Manual requires all development and redevelopment standard projects to implement source control and site design BMPs that will minimize the generation of pollutants (refer to Chapter 4 of the BMP Design Manual). A Standard Project Storm Water Quality Management Plan (Standard Project SWQMP) must be submitted for review & approval. All selected BMPs in the approved SWQMP shall be incorporated into the project design, and shall be shown on the plans. 21. The MS4 Permit BMP Design Manual requires all development and redevelopment Priority Development Project (PDP) to implement source control, site design and structural pollutant control BMPs to reduce the discharge of pollutants (refer to Chapter 4 & 5 of the BMP Design Manual, and address potential hydromodification impacts from changes in flow and sediment supply (refer to Chapter 6 of the BMP Design Manual). 22. All construction sites are required to implement Construction BMPs in accordance with the performance standards outlined in Appendix K of the BMP Design Manual. In general: a. For projects disturbing one (1) acre or more requires coverage under and compliance with the Construction General Permit (CGP), the construction BMPs must be identified in a Storm Water Pollution Prevention Plan (SWPPP). 23. A PDP Storm Water Quality Management Plan (PDP SWQMP) must be submitted with all back up documentations for review and approval by the City Engineer, or designee. Storm water requirements directly affect the layout of the Project. Therefore, storm water requirements must be considered from the initial project planning phases, and will be reviewed with each submittal, beginning with the first submittal. 24. Permanent storm water requirements, including site design, source control, treatment control, and hydromodification control BMPs, all as shown in the approved PDP SWQMP, shall be incorporated into the project design, and shall be shown on the plans. The Applicant shall provide sizing calculations and specifications for each BMP. Any structural and non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 25. A complete and accurate Notice-of-Intent (NOI) must be filed with the SWRCB for projects covered under the CGP. A copy of the acknowledgement from the SWRCB that a NOI has been received for this Project shall be filed with the City Engineer when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for this Project shall be filed with the City Engineer when received. PC Resolution DR17-0019 March 14, 2018 Page 8 26. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain all permanent BMPs located within the Project prior to issuance of any Grading, Construction or Building Permits, whichever occurs first. 27. The Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all permanent BMPs as required by the City Engineer to preserve the intended pollution control and/or flow control performance of the BMP. Upon completion of construction of BMPs/project, the Applicant shall update/finalize the O&M Plan to reflect constructed structural BMPs with as-built plans and baseline photos. 28. If the P-site improvements exceed Engineering Threshold of (currently: $57,653.00), per CVMC, Section 12.24.030, then the Applicant shall be required to obtain a Construction Permit from the Land Development Section of the Department of Development Services. (The On-Site Improvements Trigger for Installation of Public Improvements is adjusted on an annual basis on July 1 based on the Engineer Construction Cost Index, See Attachment). A Construction Permit is required to perform -of-way, which may include, but is not limited to: (For Commercial, Industrial and Multifamily Residential, the following applies: 1. Limits the cost of reconstructing existing street improvements to meet current standards to 25%of the building permit valuation. 2. Requires Americans with Disabilities Act (ADA) pedestrian improvements in the right of way, if any are lacking or substandard. The required ADA improvements would be limited to 20%of the building permit valuation.) a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-2, and G- City Engineer. Sidewalks shall be designed and constructed with proper transitions to existing conditions. b. Removal and replacement of existing driveway(s) meeting design standards as shown in Chula Vista Construction Standard CVCS-1B. 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. c. Installation of (2) sewer manhole per SDRSD S-2 is required at the connection of d. Installation of the RCP in Broadway along project frontage together standards; a bigger pipe will be needed. 29. A complete set of Signing and Striping Plans shall be included with the Street Improvement Plans for review by Traffic Engineering. 30. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. PC Resolution DR17-0019 March 14, 2018 Page 9 31. Any improvements in the right-of-way beyond the Project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved by the City Engineer, or designee. 32. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.17.170 of the Municipal Code. 33. The Applicant shall provide 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 Project. The Applicant shall replace any laterals and connections that need replacement as a result of this inspection. 34. The Applicant shall provide a separate sewer lateral for each dwelling unit. Sewer laterals are not allowed under any proposed buildings. 35. For the p larger are connected to public sewer. 36. 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. 37. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and CVMC Title 24 standards, as applicable. 38. Prior to approval of any Engineering Entitlement or issuance of any Building Permit, a Lot Consolidation will be required in order to avoid existing Parcel lines beneath proposed structures, and in order to avoid Reciprocal Easements for access, parking and drainage. 39. Any private facilities (if applicable) within the public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 40. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be under grounded in accordance with the CVMC. Further, all new utilities serving the subject property shall be under grounded. 41. The Applicant shall submit full landscape and irrigation plans for review and approval by 42. The Applicant shall provide pedestrian street lighting and street trees along Broadway per the Urban Core Specific Plan. Location and details of light pole and street trees shall be provided on the Building Permit and Street Improvement permit. PC Resolution DR17-0019 March 14, 2018 Page 10 Fire Department 43. The Applicant shall apply for required Building Permits. Permits shall comply with applicable codes and requirements, including but not limited to: the current edition of California Title 24 as adopted and amended by the City of Chula Vista. 44. For 15,828 square feet of Type VB construction (largest building on site), this will require a fire flow demand of 3,000gpm for 3 hours measured at 20psi. 45. Based upon a fire flow demand of 3,000gpm a minimum of 3 fire hydrants are required to serve this Project. All exterior portions of the buildings shall be within 400 feet of a fire hydrant. Hydrants shall be spaced at an average of 400 feet. Existing public hydrants can be used to meet this requirement however based upon existing locations of hydrants, 2 new public hydrants will be required to be added at the driveway entrances along Broadway. No on-site fire hydrants required if public hydrants are placed at the driveway entrances (design choice). 46. The fire control rooms shall house the fire sprinkler system riser. The fire service underground piping cannot run under buildings. 47. Fire apparatus access roads shall be provided for every facility or building and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 48. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have an unobstructed vertical clearance of 13 feet 6 inches. For turning radius dimensions, use auto turn data provided by the Chula Vista Fire Department (CVFD). 49. This Project is to be protected throughout by an approved automatic fire sprinkler system in accordance with NFPA 13. 50. Each building shall be provided with a fire control room designed in accordance with CVFD standards. 51. This Project is to be protected throughout by an approved fire alarm system. 52. The Applicant shall submit the required performance deposit fee. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved Landscape Plan. PC Resolution DR17-0019 March 14, 2018 Page 11 2. 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. 3. 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 a (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) Design Review Permit, issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site and (c) any environmental determinations for the Project. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit successors and assigns. 4. 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. III. 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 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. PC Resolution DR17-0019 March 14, 2018 Page 12 IV. 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 Development Services Department. ________________________________ _______________________ Signature of Property Owner Date ________________________________ _______________________ Printed Name of Property Owner Date ________________________________ _______________________ Signature of Applicant Date ________________________________ _______________________ Printed Name of Applicant Date V. 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. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. 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. PC Resolution DR17-0019 March 14, 2018 Page 13 Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of March 2018, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Gabe Gutierrez, Chair ATTEST: ____________________________ Patricia Laughlin, Secretary J:\\Planning\\Caroline\\Discretionary Permits\\260-270 Broadway \\DR17-0019 PC Reso D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing CITY OF CHUTAVISCA APPLICATION APPENDIX B Disclosure Statement Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships,financial interest, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract(e.g.,owner, applicant, contractor, subcontractor,material supplier), SiLVERGATE RAYA BROADWAY INVESTORS,LLC ; s i 2. If any person*identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of$2000 or more in the business(corporation/partnership)entity. Ian M.Gill SSR-ONE BROADWAY,LLC James F.Reynolds 3. If any person'identified in section 1.above is a non-profit organization or trust,list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. j Michael S.Raya i 4. Please identify every person, including any agents,employees,consultants,or independent I contractors,whom you have authorized to represent you before the City in this matter. Ian M.Gill Rodney V.Bruce I James F.Renolds j S. Has any person *identified in 1.,2.,3.,or 4.,above,or otherwise associated with this contract, project or application, had any financial dealings with an official"of the City of Chula Vista as it relates to this contract,project or application within the past 12 months? Yes No If yes, briefly describe the nature of the financial interest the official'*' may have in this contract. —_.._....- Farm 4af9 276 Fourth Avenue I Chula Vista ! California 1 91910 I (619) 691.5101 Attachment 3 4 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing CITY OF CHUTAVISIA APPLICATION APPENDIX B Disclosure Statement - Page 2 6. Has any person *Identified in 1.,2., 3., or 4., above,or otherwise associated with this contract, project or application, made a campaign contribution of more than $254 within the past (12) months to a current member of the City of Chula Vista Council ? Yes_ .— No if yes which council member? .............. 7. Has any person *identified in 1„ 2„ 3., or 4., above,or otherwise associated with this contract, project or application, provided more than $420(or an item of equivalent value)to an official** of the City of Chula Vista in the past(12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt,gift, loan, etc.) Yes No J ' i If yes,which official" and what was the nature of the item provided? I 1 i 8. Has any person *identified in 1.,2., 3., or 4„ above,or otherwise associated with this contract, project or application, been a source of income of$500 or more to an official"of the City of Chula Vista in the past (12) months? Yes No J If yes,which official" and the nature of the item provided? Date 5116/2017 Signature of Contractor/Applicant Rodney V.Brune Print or type name of Contractor/Applicant i * Person Is identified as:any individual,firm,co-partnership,joint venture, association, social club, 1 fraternal organization,corporation,estate,trust, receiver,syndicate,any other county,city, municipality, district, or other political subdivision,or any other group or combination acting as a unit. ** official includes, but is not limited to; Mayor,Council member, Planning Commissioner, Member of a board,commission or committee of the City, and City employee or staff members. ** This disclosure Statement must be completed at the time the project application, or contract,is submitted to City staff for processing,and updated within one week prior to consideration by legislative body. Last Updated: March 16,2010 IM SO276 Fourth Avenue Chula Vista California 1 91910 1 (619) 641.5101 REQUEST TO SPEAK CHULA VISTA PLANNING COMMISSION DATE: ( _ Nish to speak: Staff Recommendation: Public Comments Yes Support OR El No ❑ Oppose Agenda Item# CITY OF RESIDENCE: NAME: REPRESENTING: ADDRESS(Optional;to be used for staff contact purposes only): TELEPHONE (Optional;to be used for.staff contact purposes only): ( P � � p P y) ADDITIONAL COMMENTS: Please give this request to the Board Secretary. ***The Chair will indicate the amount of time allotted for speaking. Thank you for participating in this meeting ♦ Please see reverse for additional information REQUEST TO SPEAK CHULA VISTA PLANNING COMMISSION DATE: Wish to speak: Staff Recommendation: Public Comments .— _ Yes ❑ Support OR ❑ No ❑ Oppose Agenda Item 9 CITY OF RESEDENCE: NAME• REPRESENTING:- ADDRESS(Optional;to be used for staff contact purposes only): / •, TELEPHONE (Optional; to be used for staff contact purposes only): ADDITIONAL COMMENTS: Please give this request to the Board Secretary. ***The Chair will indicate the amount of time allotted for speaking. # Thank you for participating in this meeting ® Please see reverse for additional information �y BEQUEST TO SPEAK CIIULAA VISTA PLANNING COMMISSION DATE: Wish to speak: Staff Recommendation: Public Comments I Yes ❑ SupportOR I`So ❑ Oppose Agenda Item# CITY OF RESIDENCE: NAME; REPRESEIe T]NG-: ADDRESS(Optional;to be used for staff contact purposes only): TELEPHONE(Optional;to be used for staff contact purposes only): ADDITIONAL COMMENTS: - Please give this request to the Board Secretary,. **The Chair will indicate the amount of time allotted for speaking. Thank you for participating in this meeting + Please see reverse for additional information