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HomeMy WebLinkAboutItem 3 - Attachment 2 - Resolution DR18-0009 RESOLUTION NO. DR18-0009 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT DR18-0009 TO CONSTRUCT A TWO-STORY, 39,367 SQ. FT. BUILDING FOR THE VETERANS AFFAIRS OUTPATIENT CLINIC ON APPROXIMATELY 1.05 ACRES LOCATED AT 341 & 353 H Street WHEREAS, on May 17, 2018, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Gateway Chula Vista 3, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a two-story, 39,367 sq. ft. building for the Veterans Affairs Outpatient Clinic on approximately 1.05 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 341 & 353 H 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-99-24), for the Gateway Chula Vista Redevelopment Project 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 Gateway Chula Vista Redevelopment Project Specific Plan and other applicable regulations contained in the Chula Vista Municipal Code. The Project Site is designated within the Gateway Chula Vista Redevelopment Project Specific Plan and is permitted for commercial retail use. The Project is in compliance with the Gateway Chula Vista Redevelopment Project Specific Plan Design Guidelines. The Applicant is proposing to build a two-story, 39,367 sq. ft. building for the Veterans Affairs Attachment 2 Page 2 January 23, 2019 Outpatient Clinic. Enhanced architectural details are proposed along the street elevations and the layout of the Project Site provides for a pedestrian or vehicle circulation between the proposed site and adjacent Gateway sites. A total of 132 parking spaces are required for the commercial building. The Project proposes 240 spaces. The total building height is 44-ft., the maximum building height in accordance with the guidelines is 100-ft. The lot area, building height, and setback requirements are subject to the Gateway Chula Vista Redevelopment Project Specific Plan and are met or exceeded. 2. That the proposed Project is consistent with the design requirements and recommendations contained in Gateway Chula Vista Redevelopment Project Specific Plan. The proposed Project architecture features a modern architectural design that incorporates textural and natural materials with five different stucco colors ranging from light to dark colors, flat roof, aluminum awnings, 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 building massing. The overall design, form and scale of the building fit within the guidelines of the Design Guidelines and the building colors are complementary to adjacent Gateway buildings. 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-0205. 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. 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 Page 3 January 23, 2019 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 properties and streets. 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 any signs. Signs shall comply with all applicable requirements of the Municipal Code. Land Development Division/Landscape Architecture Division 9. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain all permanent Best Management Practices (BMPs) located within the project prior to issuance of any Grading, Construction or Building Permits, whichever occurs first. 10. The signal at Garret Avenue and H Street shall be installed, functioning, and accepted by the City Engineer prior to issuance of Certificate of Occupancy. 11. The Applicant shall provide public improvements to include removal and replacement of any broken or damaged curb, gutter, and sidewalk along the Project’s frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. 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. Street Improvement Plans c. Construction Permit 13. The 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. 14. The Applicant shall complete and submit the Storm Water Requirements Applicability Checklist for All Permit Applications. Page 4 January 23, 2019 15. The Applicant shall submit a 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 the O&M Plan to reflect constructed structural BMPs with as-built plans and baseline photos. 16. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 17. 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. 18. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.180 and Chapter 18.17 of the Municipal Code. 19. The onsite storm drain system shall be private. All storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 20. 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. 21. All driveways shall conform to the City of Chula Vista’s sight distance requirements in accordance with Section 18.32.080 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. 22. 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. 23. Prior to issuance of a Grading Permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. 24. Prior to the approval 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 25. 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. Page 5 January 23, 2019 26. 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. 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 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 Page 6 January 23, 2019 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 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. Page 7 January 23, 2019 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