HomeMy WebLinkAboutDR17-0039 RESOLUTION NO. DR17-0039
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA APPROVING DESIGN REVIEW PERMIT DR17-0039 TO
REDEVELOP THE SITE AT 201 THIRD AVENUE WITH A 5-STORY, 23-
UNIT RESIDENTIAL APARTMENT BUILDING WITH 2,661 SQUARE-
FEET OF COMMERCIAL SPACE, 20 ON-SITE AND 22 OFF-SITE
PARKING SPACES, LANDSCAPED AREAS, AND RECREATIONAL
OPEN SPACE, SUBJECT TO THE CONDITIONS CONTAINED HEREIN
WHEREAS, on December 8, 2017, a duly verified application for a Design Review
Permit was filed with the City of Chula Vista Development Services Department by Tierra del
Sol Investments (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to redevelop
the site at 201 Third Avenue with a 5-story, 23-unit apartment building, 2,661 square-feet of
commercial space, 20 on-site and 22 off-site parking spaces, landscaping, and recreational open
space (Project); and
WHEREAS, the area of land which is the subject of this Resolution is composed of one
parcel with an area of 0.26 acres (11,500 square-feet) located at 201 Third Avenue (Project Site);
and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has detennined that the
Project was adequately covered in the previously adopted Final Environmental Impact Report
FEIR 06-01 prepared for the Chula Vista Urban Core Specific Plan and certified by the City
Council in May 2007. Thus, no further envirolunental 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 June 13,
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:
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.
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June 13,2018
Page 2
The proposed Project is consistent with the vision, objectives and policies of the General
Plan and the land use development standards and regulations of the Urban Core Specific
Plan. The Project would redevelop an existing vacant site and provide additional residential
units and retail services within the City's downtown area with convenient access to public
transit. The Project would contribute to provide multi-family housing to residents, who
would take advantage of and support the local commercial businesses which provide a
variety of goods and services. The Project would also provide retail commercial space and
services for the community. Easy accessibility to public transit would also contribute to
comlect the project residents with other parts of the City and the region. The proposed
Project is also consistent with the Urban Core Specific Plan development regulations related
to land use, building height, Floor Area Ratio, setbacks, building wall frontage, parking, and
landscaping and open space.
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 an Art Moderne/Art Deco architectural design
consistent with the Urban Core Specific Plan Design Guidelines. The project design
incorporates a dynamic, diagonal pattern of framing members at the corner tower element in
response to Art Deco's characteristic chevron patterning and emphasis on vertical accents.
The use of outstanding elements such as bold colors, a tower element, a vertical fin, and a
roof deck, make the building stand out at this important corner and entry into the downtown.
The overall design, form and scale of the building fit within the guidelines of the Urban Core
Specific Plan's Village District and set a strong precedent for future development planned for
downtown Chula Vista.
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 Project Site shall be developed and maintained in accordance with the approved
plans, which include site plans, building elevations, floor plans, landscape and open space
plans on file in the Planning Division, the conditions contained herein, the Urban Core
Specific Plan and Title 19.
2. Prior to the initiation of any on-site development activities including demolition, grading,
or construction, the Applicant shall participate in the County Department of
Environmental Health (DEH) Voluntary Assistance program and receive written approval
from the DEH that all on-site soil contamination issues have been adequately addressed.
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June 13,2018
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3. The Applicant shall apply for a Building Permit and submit the required application,
plans and fees to the satisfaction of the City Building Official.
4. 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 DDA0109.
5. Prior to the issuance of the first Certificate of Occupancy for the Project, the Applicant
shall pay to the City the amount of$77,000 (22 x $3,500) as the In-Lieu-Parking Fee for
22 off-site parking spaces.
6. All private outdoor use areas with a direct line-of-sight to Third Avenue or E Street shall
have a 3.5-foot high solid balcony barrier in order to reduce noise impacts to a level of 65
CNEL or less.
7. The residential units shall incorporate windows and glass doors with a minimum sound
rating of STC 28. Additionally, as windows and glass doors must remain closed in order
to maintain compliant interior noise levels,mechanical ventilation must be provided in all
units.
8. A graffiti resistant treatment shall be specified for all first floor walls and building
surfaces. This shall be noted for any building and wall plans and shall be reviewed and
approved prior to the issuance of the first Building Permit. Additionally, the project shall
confonn to Section 9.20.055 of the Municipal. Code regarding graffiti control.
9. All roof-mounted 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.
10. 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 walls and/or landscaping.
11. All exterior lighting shall include shielding to remove any glare from adjacent properties.
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.
12. The Project shall operate in compliance with the Performance Standards, Chula Vista
Municipal Code Chapters 19.66 and Performance Standards and Noise Control, Chapter
19.68.
13. The Applicant shall obtain approval of a sign penllit for each sign. Signs shall comply
with all applicable requirements of the Chula Vista Municipal Code.
PC Resolution DR 17-0039
June 13, 2018
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Building Division
14. This Project shall be designed by an Architect or Engineer licensed by the State of
California. [California Business and Professional Code 5536.1, 6735].
15. Plans shall include a Note on the cover sheet indicating this Project will comply with
2016 California Building Code, 2016 California Energy Code, 2016 California Fire Code,
2016 California Electrical Code, 2016 California Plumbing Code, 2016 California
Mechanical Code, and 2016 California Green Standards Code as adopted and amended
by the State of California and the City of Chula Vista.
Landscape Architecture Division
16. Prior to issuance of the first Building Pen-nit for the Project, the Applicant shall obtain
approval of a "Landscape Documentation Package" that complies with the City's
Landscape Water Conservation Ordinance, Municipal Code Chapter 20.12.
17. The addition of 23 multi-family units generates parkland obligations and is subject to
Parkland Acquisition and Development (PAD). The Applicant shall pay PAD fees prior
to issuance of the first Building Permit, or if deferred, prior to final building inspection at
the rate in effect at that time.
Land Development Division
18. The Applicant shall enter into a Storm Water Maintenance Agreement with the City prior
to issuance of the first Building Permit for the Project.
19. The Applicant shall implement the soil recommendations provided within the Phase II
Site Investigation Report prepared for the Project parcel dated May 23, 2017 by
Enviromnental Navigation Services, Inc.
20. 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.
21. 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. Street Improvement Plans
c. Construction Permit
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22. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork
activities at the Project Site and before issuance of Building Permits in accordance with
Chula Vista 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, 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 storm drain facilities are impacted. Design shall incorporate detention of
stone water runoff if Post-Development flows exceed Pre-Development flows;
analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms.
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).
23. On May 2013, the California Regional Water Quality Control Board for the San Diego
Region (SDRWQCB) reissued 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. The Project shall comply with all requirements of the MS4
Pennit 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. Prior to issuance of a Land Development Permit,
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/storm-
water-pollution-prevention/doclunents-and-reports.
24. The Applicant shall complete and submit the Storm Water Requirements Applicability
Checklist (Intake Form) for All Permit Applications (see Appendix A.1 of the BMP
Design Manual) with any Planning Application request.
25. 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.
26. The Applicant shall provide a street easement dedication for all right of way that does not
align with the existing property line. Street dedication easements shall be reviewed by
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June 13,2018
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City staff and recorded through a separate instrument prior to the issuance of the first
Building Permit.
27. Prior to obtaining any Building Permit for the Project, if the Project's total on-site
improvements exceed an Engineering Threshold of (currently: $57,653.00), per Chula
Vista Municipal Code Section 12.24.030, then the Applicant shall be required to obtain a
Constriction 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
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.
b) Removal of the existing driveways along Third Avenue and E Street and replacement
of sidewalks meeting design standards as shown in Chula Vista Construction
Standard CVCS-l. Dedication of public right of way as needed in order for driveway
to comply with American Disability Act (ADA) requirements.
c) 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.
d) Utilities Trenching and Restoration per CVCS-3 & 4.
28. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
29. Any improvements in the public 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.
30. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Chula Vista Municipal Code.
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June 13,2018
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31. The Public Works Operations Section will have the right to inspect any existing sewer
laterals and comiections that are to be used by the Project. The Applicant agrees to
replace laterals and connections that may need replacement as a result of this inspection.
32. 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.
Fire Department
33. This project shall provide a fire flow of 2500 gallons per minute for at 2-hour duration at
20 p.s.i.
34. Based upon the required fire flow for mixed construction type(s), the Applicant shall
provide a minimum of 3 fire hydrant(s)to serve this Project. 2 existing and 1 new public
fire hydrant as stated in the condition below (#35).
35. Where a portion of the building is more than 400 feet from a fire hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
building, on site fire hydrants and mains shall be provided. At least one new public
hydrant will need to be placed on the SE canner of Third and E Street to meet this
requirement. The existing fire hydrants on E Street cannot be counted as they are across a
four-lane road.
II. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
36. The Project 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 Planning
Division, the Conditions contained herein, the Urban Core Specific Plan, and Title 19.
37. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved Landscape Plan.
33. Approval of the Design Review Permit shall not waive compliance with any applicable
sections of Title 19 of the Chula Vista Municipal Code, nor any other applicable laws and
regulations in effect at the time of Building Permit issuance.
39. 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) any CEQA causes of action and (c) City's
approval or issuance of any other pen-nit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the Project Site. The Property
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June 13,2018
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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.
40. 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 Chula
Vista 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.
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.
on ecutiondocument shall be signed and returned to the City's Development
S rvi s� p rilent.
Signatu o. Property O ner Date y
Pin d Name of r perty Owner
Signature df Applic nt Date
Printed Name of Applicant
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June 13,2018
Page 9
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 fiirther 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.
Pres to y: Approved as to form by:
70�.
Kelly BroughtonGlen R. oogin
Director of Development Services ity At t rney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 13th day of June 2018,by the following vote, to-wit:
AYES: Anaya, Burroughs, Gutierrez, Milburn
NOES: N/A
ABSENT: Calvo,Nava, Zaker
ABSTAIN: N/A
a ez, Chau
Af T�ST:
Patricia Laughlin, Secretary
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