HomeMy WebLinkAboutDR15-0037 RESOLUTION NO. DR15-0037
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR15-0037
TO CONSTRUCT A 2,380 SQUARE-FOOT AUTOMATED CARWASH
BUILDING WITH VACUUM STATIONS ON A 0.55 ACRE SITE
LOCATED AT 495 TELEGRAPH CANYON ROAD
WHEREAS, on December 15, 2015, a duly verified application for a Design Review
Permit was filed with the City of Chula Vista Development Services Department by Gene
Cipparone Architect, Inc. (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a 2,380 square-foot automated carwash building with vacuum stations on a 0.55
acre site (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing
parcel located at 495 Telegraph Canyon(Project Site); 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 qualifies for a Categorical Exemption pursuant to Section 15332 of the State CEQA
Guidelines. 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, namely January 10,
2018, at 6:00 p.m. 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:
I. That the proposed Project is consistent with the development regulations of the Chula
Vista Design Manual.
The Proposed site is designated Central Commercial. The proposed carwash is conditionally
permitted within the Central Commercial zone and meets all of the development regulations
as stipulated in the Chula Vista Designs Manual as conditioned.
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January 10, 2018
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2. The proposed Project is consistent with the design and development standards of the
Chula Vista Design Guidelines
The Project is in compliance with the Chula Vista Design Guidelines and is consistent with
the Chula Vista Municipal Code. The Project meets the setbacks, building height, parking,
and design standards. A total of 15 parking spaces are required. The project proposes 14
regular spaces and 1 handicapped parking space for a total of 15 spaces. The total building
height is 28-ft., whereas the maximum building height per the Commercial Guidelines is 45-
ft. The Project proposed a modern style stucco building with several architectural features
that complements the surrounding development.
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 pennits, unless otherwise specified:
Planning Division
1. The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Development Planning
Division, the conditions contained herein, and Title 19.
2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DQ-3107.
3. Prior to the approval of building permits, the colors and materials specified on the
building plans must be consistent with the colors and materials shown on the site plan
and materials board approved by the Planning Commission on December 13, 2017.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted for any building and wall plans and shall be reviewed and approved prior
to the issuance of building permits. Additionally, the project shall conform to Section
9.20.055 of the 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 transforners, 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.
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January 10,2018
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7. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans and shall be reviewed
and approved prior to the issuance of the first building permit.
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. Applicant shall replace the 6-ft. wall with a 9-ft. wall along the northwestern portion of
the property.
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
c. Construction Permit
12. Carwashes are considered one of the industries regulated by the Metropolitan Industrial
Waste Program, since they are required to pre-treat their wastes before discharging to the
Sewerage System. These businesses are required to apply for an Industrial Waste
Discharge Permit which is regulated by the City of San Diego, Metropolitan Industrial
Wastewater Control Program. Applications for a permit should be obtained from
Metropolitan Industrial Wastewater Control Program.
13. The Applicant shall obtain a Land Development Pernnit prior to beginning any earthwork
activities at the site and before issuance of Building Permits 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 Stornn 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, or designee.
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 stone drain facilities are impacted. Design shall incorporate detention of
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storm water runoff if Post-Development flows exceed Pre-Development flows;
analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency stones.
c. The Drainage Study shall also demonstrate that no property damage will occur
during the 100-year storm event.
d. The 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 affected property
owner(s).
14. The Applicant shall provide 2 copies of the following technical reports with the Is'
submittal of grading plans:
a. Drainage Study
b. Water Quality Technical Report (WQTR)
c. Geotechnical Report
15. On May 2013, the California Regional Water Quality Control Board for the San Diego
Region reissued (SDRWQCB) a 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. Project shall comply with all requirements of the MS4 Permit and City of Chula Vista
BMP Design Manual, December 2015 and as amended (BMP Design Manual) for both
construction and post-construction phases of the project. Prior to Planning approval,
documentation shall be provided, to the satisfaction of the City Engineer, to demonstrate
such compliance. A copy of the BMP Design Manual is available on the City of Chula
Vista website at: http://www.chulavistaca.,�ov/departments/public-works/services/storin-
water-pollution-prevention/documents-and-reports.
17. The MS4 Permit and BMP Design Manual requires all development and redevelopment
standard projects to implement source control and site design Best Management Practices
(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.
18. 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 hydromodifi cation impacts from
changes in flow and sediment supply (refer to Chapter 6 of the BMP Design Manual).
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19. 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:
o For projects disturbing one (1) acre or more requires coverage under and compliance
with the Construction General Pen-nit (CGP), the construction BMPs must be
identified in a Storm Water Pollution Prevention Plan (SWPPP).
o For projects disturbing less than one (1) acre, a Constriction Storm Water Pollution
Control Plan (CSWPCP) is required that identifies the pollution prevention measures
that will be taken to comply with City standards.
o For project that qualifies for an Erosivity Waiver under the CGP, a CSWPCP may be
submitted in lieu of a SWPPP. However, if the Erosivity Waiver expires prior to
project completion, the project applicant shall obtain a new Waste Discharge
Identification number and submit a SWPPP.
20. 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 SWQMP, shall be incorporated into the project design, and shall be
shown on the plans. Provide sizing calculations and specifications for each BMP. Any
structural and non-structural BMP requirements that camlot be shown graphically must
be either noted or stapled on the plans.
21. Owner must 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.
22. Submit detailed Operation & Maintenance (O&M) plan for all permanent BMPs as
required by the City to preserve the intended pollution control and/or flow control
performance of the BMP. Upon completion of construction of BMPs/project,
update/finalize O&M Plan to reflect constricted structural BMPs with as-built plans and
baseline photos.
23. Projects shall comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) General Pernit for Storm Water Dischargers Associate
with Industrial Activities (IGP) Order 2014-0057-DWQ.
24. Prior to obtaining any Building Permit for the Project, or approval of the Final Map
(whichever occurs first), if 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 Attachment). A Construction Permit is required
to perform the following work in the City's right-of-way, which may include, but is not
limited to: (For Commercial, Industrial and Multifamily Residential, the following
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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.)
❑ 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.
❑ Removal and replacement of existing driveway(s) meeting design standards as
shown in Chula Vista Construction Standard CVCS-1A. 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.
❑ Removal and replacement of existing pedestrian ramp on the corner of Halecrest
Drive and Telegraph Canyon Road per Chula Vista Constriction 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. Dedication of R/W as needed in order for Pedestrian ramp to
comply with American Disability Act (ADA)requirements.
❑ Installation of one (1) driveway(s) meeting design standards as shown in Chula
Vista standard detail CVCS-1A. Dedication of R/W as needed in order for
driveway to comply with American Disability Act (ADA) requirements.
❑ The proposed closure of existing driveway shall be replaced with a curb, gutter,
and sidewalk per SDRSD G-2, and G-7.
❑ Utilities Trenching and Restoration per CVCS-3 &4.
25. The constriction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Municipal Code.
26. Sewer lateral and storm drain connections to existing public utilities. The Public Works
Operations Section will need to inspect any existing sewer laterals and connections that
are to be used by the new development. Laterals and connections may need replacement
as a result of this inspection.
27. 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.
28. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable.
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January 10,2018
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29. The Developer shall be required to dedicate two feet along the Project frontage on
Telegraph Canyon Road per City of Chula Vista Standard Drawing CVD-ST02 for Six
Lane Major prior to obtaining a Construction Pennit for the Street Improvements or a
Building Permit for the site. Developer shall submit street dedication documents
prepared by a Registered Civil Engineer or licensed Land Surveyor.
30. Any private facilities (if applicable) within Public right-of-way or City easement will
require an Encroachment Permit prior to hnproveiment Plan or Building Pen-nit approval.
31. 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 Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be
under grounded prior to the issuance of Building Pen-nits.
32. Prior to issuance of the building permit, 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.
Environmental Conservation Division
34. The Applicant shall develop and submit a "Recycling and Solid Waste Management
Plan" to the Conservation Coordinator for review and approval as a part of the permit
process. The plan shall demonstrate those steps the applicant will take to comply with the
Municipal Code, including but not limited to Section 8.24, 8.25, and 19.58.340 and meet
the State mandate to reduce or divert at least 50% of the waste generated by all
residential, commercial and industrial developments. The Applicant shall contract with
the City's franchise hauler throughout the construction and occupancy phase of the
project. The `Recycling and Solid Waste Management Plan" features should be identified
on the building plans.
35. Prior to the issuance of the first building pern-iit, 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 site shall be developed and maintained in accordance with the approved plans,
which include site plans, floor plans, and elevation plans on file in the Plain-ling
Division, the conditions contained herein, and Title 19.
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2. The Applicant shall install all landscaping and hardscape improvements in
accordance with the approved landscape plan.
3. Approval of the Design Review Pen-nit 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 harnlless 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 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.
5. 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.
I11. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE
Pursuant to Govenunent 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 am1u1 imposition. The right to protest the
fees, dedications, reservations, or other exactions does not apply to plamling, zoning,
grading, or other similar application processing fees or service fees in comlection
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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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.
10
Signature of Property wner Date
i--)A-A
Printed Name of Pro rty Owner Date
Signature of Applica t Date
a ..
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 fiirther
force and effect.
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January 10,2018
Page 10
Presented by: Approved as to form by:
�Len R.Googin�
Director of Development Services
Ke Broughton
pity Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this I Oth day of January 2018, by the following vote, to-wit:
AYES: Burroughs, Gutierrez, Milburn, Nava
NOES: n/a
ABSENT: Anaya, Calvo, Zaker
ABSTAIN: n/a
Gabe Gutierrez,Chair
ATT ST:
Patricia Laughn, Secretar