HomeMy WebLinkAboutDR16-0020 RESOLUTION NO. DR1.6-0020
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT DR16-0020
TO CONSTRUCT A FOUR-STORY BUILDING TOTALING 35,360
SQUARE-FEET, CONSISTING OF 43 APARTMENT UNITS WITH
ASSOCIATED PARKING AND OPEN SPACE ON APPROXIMATELY
0.61 ACRES LOCATED AT 288 CENTER STREET
WHEREAS, on June 13, 2016, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by McNamara
Ventures (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a four-story building totaling 35,360 square-feet consisting of 43 apartment units
with associated parking and open space on approximately .61 acres (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing
parcel located at 288 Center Street (Project Site); and
WHEREAS, the Development Services Director has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has detennined 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.
The Project Site is designated Village Core (V-1) and is permitted for residential use. The
Project is in coinpliance with the Urban Core Specific Plan Design Guidelines and is
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consistent with the Chula Vista Municipal Code. The Applicant is proposing to build a total
of 43 units. The building has a maximum height of 45 feet, which is the maximum permitted
by the UCSP. The Project provides for more than half of the required parking on-site, while
paying an in-lieu fee for the remaining parking spaces since the project is located within the
Downtown Parking District. Open space and landscaped areas are also provided in excess of
the minimum required. The building design orients balconies towards the street to provide for
an urban environment. Landscaping has been placed along the perimeter of the site and also
around the parking lot area. 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. The floor area ratio and setback
requirements are subject to the V-1 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 Church Avenue.
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 wood screens, brick siding, lap siding, patios and balconies, 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 Plan's Urban Core District and set a strong precedent
for future development plamled along Center Street.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above,
hereby approves the Design Review Pen-nit subject to the following conditions:
L 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 Project 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
Municipal Code ("Municipal Code" or "CVMC") Title 19.
2. Prior to, or in conjunction with the issuance of the first Building Pennit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DQ-3217.
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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.
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 the first Building Permit for the construction of the Project, the
Applicant shall pay to the City the amount of$94,500 or the amount in effect, as the In-
Lieu-Parking Fee for 27 off-site parking spaces, to the satisfaction of the Development
Services Director.
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 Pen-nit
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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 I 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
fee for the Project at this time is $226,925 (62 @ $7,825/unit). Credit will be awarded
for existing buildings on the site.
13. 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
submit Grading Plans in conformance with the City's Subdivision Manual and the City's
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).
14. The Applicant shall provide 2 copies of the following technical reports with the 1st
submittal of Grading Plans:
a. Geotecln-iical Report
b. Drainage study
c. Storm Water Quality Management Plan (SWQMP)
15. 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.
16. A PDP Storm Water Quality Management Plan (PDP SWQMP) must be submitted with
all back up documentations for review and approval prior to planning approval. Storm
water requirements directly affect the layout of the Project. Therefore, storm water
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requirements must be considered from the initial project planning phases, and will be
reviewed with each submittal, beginning with the first submittal.
17. Permanent storm water requirements, including site design, source control, treatment
control, and hydromodification control Best Management Practices (BMPs), all as shown
in the approved PDP SWAMP, 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.
18. 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 less than one (1) acre, a Construction Storm Water
Pollution Control Plan (CSWPCP) is required that identifies the pollution
prevention measures that will be taken to comply with City standards.
19. 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 Pennits, whichever occurs first.
20. 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.
21. If the Project's total on-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 Attaclunent). A Construction Pennit is required to perform
the following work in the City's right-of-way, which may include, but is not limited to:
(For Commercial, hldustrial 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-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.
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b. Removal and replacement of existing driveway(s) meeting design standards as
shown in Chula Vista Construction Standard CVCS-113. 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. Removal and replacement of existing pedestrian ramp on the corner of Church
Avenue and Center Street per Chula Vista Construction Standard CVCS-25.
Current pedestrian ramp shall be replaced, if it does not meet the City of Chula
Vista Design Standards/ADA Standards, or if existing pedestrian ramp is cracked
or broken.
d. Relocation of a 100-watt City standard street light per CVCS-6, 7, 9, & 11 at the
Project property line along Church Avenue and Center Street. The City Traffic
Engineer shall approve street light location.
e. Installation of one driveway(s) meeting design standards as shown in Chula Vista
standard detail CVCS-113. Dedication of R/W as needed in order for driveway to
comply with American Disability Act(ADA)requirements.
f. Installation of sewer manhole per SDRSD S-2 is required at the connection of the
6" sewer lateral to the main public sewer line.
g. Removal and replacement of any broken or damaged concrete within the alleyway
as determined by Public Works Inspectors. The alleyway shall be designed and
constricted with proper transitions to existing conditions. Current alleyway shall
be replaced and removed, if existing concrete is cracked or broken.
22. A complete set of Signing and Striping Plans shall be included with the Street
Improvement Plans for review by Traffic Engineering.
23. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
24. 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.
25. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.17.170 of the Municipal Code.
26. 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 cormections that need replacement as a result of this inspection.
27. For the proposed private sewer facilities, manholes shall be used where 6" mains or
larger are connected to public sewer.
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April 25,2018
28. 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.
29. 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.
30. 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 strictures, and in order to avoid Reciprocal Easements for access, parking and
drainage.
31. The Applicant shall remove and replace any broken or damaged concrete within the
alleyway to the satisfaction of the City Engineer. The alleyway shall be designed and
constricted with proper transitions to existing conditions.
32. The Applicant shall submit full Landscape and Irrigation Plans for review and approval
by the City's Landscape Architect.
Fire Department
33. 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.
34. This building cannot be constructed of Type VB construction type as it exceeds the
allowable number of stories per CBC Table 503 for Group R-2 even when the sprinkler
system is increased. The minimum construction type for a 4-story Group R-2 building is
Type VA when the sprinkler system is upgraded to a commercial system (NFPA 13).
35. For 34,322 square-feet of Type VB construction, this project will require a fire flow of
5,000 gallons per minute for a 4-hour duration at 20 p.s.i.
36. Based upon the required fire flow for Type VB construction type, a minimum of 5 fire
hydrant(s) are/is required to serve this Project.
37. This Project is to be protected throughout by an approved automatic fire sprinkler system
in accordance with NFPA 13 due to the building exceeding allowable number of stories
for a 4-story building of Type VA construction type.
38. The Project shall provide a Fire Control Room in accordance with Chula Vista Fire
Department (CVFD) standard details.
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39. This Project is to be protected throughout by an approved fire alarm system.
11. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
I. The Applicant shall install all landscaping and hardscape improvements in
accordance with the approved Landscape Plan.
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 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, (b) City's approval or
issuance of any other permit or action, whether discretionary or non-discretionary, in
coiulection 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
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.
4. This Design Review Pen-nit 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(4) (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.
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April 25,2018
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 returned to the City's Development
Services Department.
el
Signature of Property Owner Date
e
Printed-�44ne of Property Owner Date
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"Signature of Applicant Date
Ak/,4'm
Printed�4arni� 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.
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Pres by: Approved as to form by:
r.
g g
Kel ou hton 7 Glen R. Googins
s
p City Att'kney
Director of Development Services Ci n W N
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of April 2018, by the following vote, to-wit:
AYES: Anaya, Burroughs, Calvo, Gutierrez, Milburn,Nava, Zaker
NOES: rVa
ABSENT: n/a
ABSTAIN: n/a
<'Gabe Gutierrez, Chair
AT T:
Patricia Laughlin, Secretar