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HomeMy WebLinkAboutItem 2 - Attachment 2 - Resolution DR17-0031 RESOLUTION NO. DR17-0031 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT DR17-0031 TO CONSTRUCT A TWO-STORY, 37,600 SQ. FT. BUILDING FOR A BMW AUTO DEALERSHIP WITH AUTO REPAIR/SERVICE AND ASSOCIATED CARWASH ON APPROXIMATELY 4.2 ACRES LOCATED AT 670 MAIN STREET WHEREAS, on August 14, 2017, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Sunroad Chula Vista Land, Inc. (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a two-story, 37,600 sq. ft. building for a BMW auto dealership with auto repair/service and associated carwash on approximately 4.2 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 670 Main Street (Project Site); and WHEREAS, the Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Mitigated Negative Declaration (IS-02-010), for the Chula Vista Auto Park East Specific Plan. 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 Auto Park East Specific Plan and other applicable regulations contained in the Chula Vista Municipal Code. The Project Site is designated Limited Industrial and is permitted for commercial retail use. The Project is in compliance with the Auto Park East Specific Plan and Chula Vista Attachment 2 Page 2 January 23, 2019 Municipal Code. The Applicant is proposing to build a two-story, 37,600 sq. ft. building for a BMW auto dealership with auto repair/service and associated carwash. Enhanced architectural details are proposed along the street elevations and the layout of the Project Site provides for pedestrian and vehicle circulation between the Project Site and adjacent auto dealership. A total of 95 parking spaces are required for the commercial building. The Project proposes 98 spaces. The total building height is 30-ft.; the maximum building height in accordance with the guidelines is 45-ft. The floor area ratio and setback requirements are subject to the Auto Park East Specific Plan. The Project meets the zone requirements. 2. That the proposed Project is consistent with the design requirements and recommendations contained in the Auto Park East Specific Plan. The proposed Project architecture features a modern architectural design that incorporates textural and natural materials with a combination of stucco, split-face concrete masonry walls, and glass. The building mass is articulated by horizontal and vertical plane offsets, which provide variety and interest and are highlighted by accent colors and materials that break up the roof line. The overall design, form and scale of the building fit within the guidelines of the Design Guidelines and are complementary to adjacent auto dealerships along Main Street. 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 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 Permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DDA-0040. 3. The colors and materials specified on the Building Plans must be consistent with the colors and materials shown on the Project plans and material sheet 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. Page 3 January 23, 2019 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 the adjacent preserve area. 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. Land Development Division/Landscape Architecture Division 9. The Applicant shall comply with all applicable conditions of approval for Tentative Parcel Map No. 11-02. 10. The Applicant shall provide a separate internal street or driveway linking the Project Site with the intersection on Main Street/Auto Park Avenue to connect with the existing driveway on the adjacent Toyota dealership to the west, and the Rowland’s property to the east. 11. 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. Otay Valley Road Fee Recovery District Fees f. Salt Creek Sewer DIF g. Other Engineering Fees as applicable per the Master Fee Schedule. 12. 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 13. 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 Page 4 January 23, 2019 Wastewater Control Program. Applications for a permit should be obtained from Metropolitan Industrial Wastewater Control Program. 14. Prior to the approval of the Building Permit, the Owner/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 City’s Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed sewer or storm drain on site. 15. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Municipal Code Title 15.04. Developer 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 yr, 10 yr, and 50 yr 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 property owner(s). st 16. Provide 2 copies of the following technical reports with the 1 submittal of Grading Plans: a. Geotechnical Report b. Drainage study c. Storm Water Quality Management Plan (SWQMP) – (For all Priority Development Project Please use the City of Chula Vista Storm Water Quality Management Plan- PDP-SWQMP_ WORD Form Fill. 17. 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. Page 5 January 23, 2019 18. All construction sites are required to implement Construction Best Management Practices (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). 19. A complete and accurate Notice-of-Intent (NOI) must be filed with the SWRCB for a project 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 of Chula Vista 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 of Chula Vista when received. 20. 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. 21. The Applicant shall 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, the Applicant shall update/finalize O&M Plan to reflect constructed structural BMPs with as-built plans and baseline photos. 22. Projects shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Dischargers Associate with Industrial Activities (IGP) Order 2014-0057-DWQ. 23. Improvement Plans in conformance with the City’s Subdivision Manual and a Construction Permit will be required prior to issuance of any Building Permits. The Improvement Plan shall include but not be limited to: 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. Relocation of existing traffic signal light. The City Traffic Engineer shall approve the traffic signal location. c. Installation of curb, gutter, and sidewalk per SDRSD G-3 along the project’s frontage. Sidewalk shall be designed and constructed with proper transitions to existing conditions. d. Installation of driveways 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. e. The proposed closure of existing curb ramp and existing driveway shall be replaced with a curb, gutter, and sidewalk per SDRSD G-2 and G-7. f. Utilities Trenching and Restoration per CVCS-3&4. Page 6 January 23, 2019 24. A complete set of Signing and Striping Plans shall be included with the Street Improvements Plans for review by Traffic Engineering. 25. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 26. 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. 27. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.180 of the Municipal Code. 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 Title 24 standards, as applicable. 30. Any private facilities within the public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit 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 CVMC. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. 32. Prior to the approval of the first Building Permit, the Applicant shall submit full Landscaped 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 edition of the Building Code (CBC) & Fire Code (CFC), as adopted and amended by the State of California and the City of Chula Vista. 34. For 37,600 square feet of Type VB construction, this Project will require a fire flow of 4,000 gallons per minute for a 4-hour duration at 20 p.s.i. 35. Based upon the required fire flow for Type VB construction type, a minimum of 4 fire hydrants are required to serve this Project. Page 7 January 23, 2019 36. Where a portion of the building is more than 400 feet from a 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. A building with this large of a footprint will require hydrants be positioned around it along fire apparatus access roads. 37. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix C. The average spacing of hydrants shall not exceed 350 feet and the maximum distance from any point on a fire access road to a hydrant shall not exceed 210 feet. 38. 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. A building with this large of a footprint will require a fire apparatus access road all the way around it. 39. 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. Use the CVFD Auto Turn Data to transpose the route of the CVFD fire apparatus along designated fire apparatus access roads. 40. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 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. 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 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 where indicated below. The Property Owner’s and Applicant’s compliance with this Page 8 January 23, 2019 provision shall be binding on any and all of the Property Owner’s and Applicant’s 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 Government Code 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. Upon execution, this document shall be signed and returned to the City’s Development Services Department. ________________________________ _______________________ Signature of Property Owner Date ________________________________ _______________________ Name of Property Owner Date ________________________________ _______________________ Signature of Applicant Date ________________________________ _______________________ Name of Applicant Date Page 9 January 23, 2019 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. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of January 2019, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Gabe Gutierrez, Chair ATTEST: ____________________________ Patricia Salvacion, Secretary Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney