HomeMy WebLinkAboutReso 2019-095
RESOLUTION NO. 2019-095
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPEAL BY SILVERGATE
DEVELOPMENT, LLC AND ADOPTING MITIGATED
NEGATIVE DECLARATION AND MITIGATION AND
REPORTING PROGRAM IS-18-0001, AND APPROVING
DESIGN REVIEW PERMIT DR17-0040 TO CONSTRUCT ONE
FOUR-STORY BUILDING AND SIX THREE-STORY
BUILDINGS TOTALING 149,534 SQUARE FEET,
CONSISTING OF 170 APARTMENT UNITS INCLUDING
NINE RENT RESTRICTED UNITS FOR OCCUPANCY BY
VERY LOW-INCOME HOUSEHOLDS ON A 5.3-ACRE SITE
LOCATED SOUTH OF BONITA ROAD, BETWEEN BONITA
GLEN DRIVE AND I-805, SUBJECT TO THE CONDITIONS
CONTAINED HEREIN
WHEREAS, on December 22, 2017, a duly verified application for a Design Review
Permit was filed with the City of Chula Vista Development Services Department by Silvergate
Development, LLC (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of one four-story and six three-story buildings totaling 149,534 square-feet
consisting of 170 apartment units including nine affordable units subject to rental and occupancy
restrictions for very low-income households at 50% of the area median income for a period of 55
years with associated parking, recreational facilities and open space on approximately 5.3 acres
(Project); and
WHEREAS, by including five percent of the 170 units for very low -income households,
the Project is entitled to certain benefits, including a density bonus, one development incentive,
waivers and reductions in development standards, and specified parking ratios under the
provisions of Chula Vista Municipal Code (CVMC) Chapter 19.90-Affordable Housing
Incentives and Government Code Section 65915 (State Density Bonus Law); and
WHEREAS, the area of land that is the subject of this resolution is an existing site
consisting of five contiguous parcels (APN’s 570-131-11-00, 570-140-40-00, 570-140-54-00,
570-140-48-00, 570-140-51-00) located south of Bonita Road, between Bonita Glen Drive and
I-805 (Project Site); and
WHEREAS, the Development Services Director has reviewed the Project for compliance
with the California Environmental Quality Act and has conducted an Initial Study, IS-18-0001 in
accordance with the California Environmental Quality Act (CEQA). Based upon the results of
the Initial Study, the Director of Development Services has determined that the Project could
result in significant effects on the environment. However, revisions to the Project made by or
agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur; therefore, the Director of Development Services has caused
the preparation of a Mitigated Negative Declaration, IS-18-0001 and associated Mitigation,
Monitoring and Reporting Program; and
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WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said 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 Project Site, at least ten (10) days
prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
Planning Commission of the City of Chula Vista on March 13, 2019 in the Council Chambers,
276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs’ presentation; and
WHEREAS, the Planning Commission Chair made a motion to approve the Project,
which was seconded. However the vote failed, 3 “no” votes to the Chair’s 1 “yes” vote. The
Project needed 4 votes in favor for approval. Therefore, pursuant to Chula Vista Municipal Code
section 2.04.570(c), the vote resulted in a “lost motion,” meaning the motion did not carry and no
action occurred; and
WHEREAS, on March 22, 2019, Silvergate Development, LLC filed an appeal of the
March 13, 2019 Planning Commission’s proceedings for Design Review Permit DR17-0040 (the
“Appeal”); and
WHEREAS, the City Clerk set the time and place for the public hearing on the Appeal
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City, its mailing to property owners within 500 feet of the exterior
boundary of the Project Site 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 City Council and the hearing was thereafter closed;
and
WHEREAS, the City Council reviewed and considered the Mitigated Negative
Declaration (MND IS-18-0001) and associated Mitigation, Monitoring and Reporting Program,
and Design Review (DR17-0040); and
WHEREAS, the City Council having received certain evidence at the subject hearing, as
set forth in the record of its proceedings therein, recommends approval of the Project, based on
certain terms and conditions.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does
hereby find and determine as follows:
I. ENVIRONMENTAL REVIEW
That the City Council of the City of Chula Vista, in the exercise of its independent judgment,
as set forth in the record of its proceedings, considered the Initial Study of the Project
conducted by the Director of Development Services for compliance with the CEQA, and has
determined that the Project could result in significant effects on the environment regarding
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Air Quality, Cultural Resources, Noise, and Biology. However, revisions to the Project made
by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point
where clearly no significant effects would occur; therefore, the Development Services
Director has caused the preparation of a Mitigated Negative Declaration, IS -18-0001 and
Mitigation, Monitoring and Reporting Program.
That the City Council of the City of Chula Vista, in the exercise of their independent review
and judgment as set forth in the record of its proceedings, considered Mitigated Negative
Declaration, IS-18-0001 and the Mitigation Monitoring and Reporting Program (MMRP), in
the form presented, which has been prepared in accordance with requirements of the CEQA
and the Environmental Review Procedures of the City of Chula Vista and does hereby adopt
the same.
II. DESIGN REVIEW
1. That the proposed Project is consistent with the development regulations contained in
the Chula Vista Municipal Code, Government Code, and Chula Vista Design Manual.
The Project Site is designated Central Commercial (CCP) and is permitted for residential and
commercial use. The Project is in compliance with the Bonita Glen Specific Plan and Chula
Vista Design Guidelines and is consistent with the Government Code and Chula Vista
Municipal Code. The Applicant is proposing to build a total of 170 apartment units including
nine income restricted units for very low-income households. Pursuant to CVMC Section
19.90.080 (F) and Government Code Section 65915(e), given the provision of five percent of
the units as restricted for very low-income households, the Applicant requests a waiver of the
maximum 45 feet in height development standard of the Bonita Glen Specific Plan, which
would otherwise have the effect of physically precluding the construction of the Project. One
building is proposed with a maximum height of 56 feet. The requested waiver of height is
consistent with the intent of the State’s Density Bonus Law and Chula Vista Chapter 19.90.
The Applicant has requested and is entitled to the reduced parking standards as specified in
CVMC Section 19.90.080(H) and Government Code Section 65915(p). Consistent with
these provisions the Project is providing 231 parking spaces on-site, in excess of the required
212 spaces. Additional parking is available on Bonita Glen Drive. Open space and
landscaped areas are also provided in excess of the minimum required. The building design
orients balconies and patios towards the internal parking lot 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
Bonita Glen Specific Plan and Chula Vista Design Guidelines. The floor area ratio and
setback requirements are subject to the CCP and R-3 zone requirements. The Project meets
the zone requirements.
2. That the proposed Project is consistent with the design requirements and
recommendations contained in Bonita Glen Specific Plan and development standards of
the Chula Vista Design Guidelines.
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The proposed project architecture features a modern Spanish Mission architectural design
that is eclectic and exemplifies and contributes to the dynamic revitalization and vibrancy
along the segments of Bonita Glen Drive and Vista Drive that are within the Bonita Glen
Specific Plan (BGSP) boundary. 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 fabric awnings, metal vertical siding, fiber
cement horizontal siding, natural wood, patios and balconies, and varying building facades
and building offsets that 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
BGSP and Chula Vista Design Guidelines and is complimentary to the multi-family
residential and commercial character adjacent to the Project Site.
BE IT FURTHER RESOLVED that the City Council, based on the findings above,
hereby approves the Project 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 DDA0117.
3. The colors and materials specified on the Building Plans must be consistent with the colors
and materials shown on the Site Plan and colored materials sheet approved by the City
Council.
4. A graffiti resistant treatment shall be specified for all first floor 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.
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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.
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 execute an Affordable Housing Agreement with the City that includes terms
and conditions to ensure compliance with CVMC Chapter 19.90 and State Density Bonus
Law for a compliance period of 55 years. Such Agreement shall be recorded as a covenant on
the property with the restrictions binding all subsequent owners so that the commitment
remains in force regardless of ownership.
10. Prior to issuance of Grading and Building Permits, the Applicant shall demonstrate
compliance with all mitigation measures of MND IS-18-0001.
Land Development Division/Landscape Architecture Division
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. Street Improvement Plans
c. Construction Permit
d. Lot consolidation
12. The Applicant shall enter into a Storm Water Maintenance Agreement with the City prior to
issuance of any Grading Permit.
13. The onsite storm drain system and utilities shall be private.
14. Prior to issuance of a Building Permit, the Applicant shall dedicate 5 feet along Bonita Glen
Drive. Street dedication documents shall be prepared by a Registered Civil Engineer or
licensed Land Surveyor.
15. Prior to issuance of a Building Permit, Easements on Vista Drive for access and public
utilities shall be provided.
16. Prior to issuance of a Building Permit, a parcel map shall be processed to create (2) lots as a
condition of water service from Sweetwater Authority.
17. Prior to issuance of and Grading Permit or Building Permit, whichever occurs first, an
Encroachment Permit shall be obtained for any private facilities within the public right-of-
way or City easements.
18. The Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all
permanent Best Management Practices (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.
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19. The Applicant shall provide public improvements to include a new 24 foot driveway and a
new 20 foot driveway along Bonita Glen including new curb, gutter, sidewalk, and street
lights along the Project’s frontage to the satisfaction of the City Engineer. Sidewalk shall be
designed and constructed with proper transitions to existing conditions.
20. 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 a driver at the street intersections or
driveways.
21. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed
to meet the City of Chula Vista Design Standards, Americans with Disability Act (ADA)
Standards, and Title 24 standards, as applicable.
22. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.17.040 of the Municipal Code.
23. PAD Fees for Multi-Family projects: The addition of 170 multifamily homes generates
parks obligations per Municipal Code Chapter 17.10.
West Chula Vista – Multi-Family PAD Fees
Fee Component Fee per Unit # Units Fee
Parkland
Acquisition
$3,707 170 $630,190
Parkland
Development
$5,859 170 $996,030
Total $9,566 170 $1,626,220
Note: PAD fees are adjusted annually on October 1st to reflect the industry’s current
Construction Cost Index, and the above noted costs are subject to change at that time. PAD
fees are due as set forth in CVMC 17.10.
12. The Applicant shall submit full Landscape and Irrigation Plans for review and approval by
the City’s Landscape Architect.
Fire Department
13. For 75,090 square feet of Type IA & VA construction, this Project will require a fire flow of
3250 gallons per minute for a 3-hour duration at 20 p.s.i.
14. Based upon the required fire flow for Type IA & VA construction type, a minimum of 4 fire
hydrants are required to serve this Project.
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15. 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.
16. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix
C.
17. A fire service study shall be performed that includes a hydraulic water flow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen
Williams formula shall be used in the determination of these flows and pressures. The
analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
Fire Department Access:
18. 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.
19. 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.
20. The Applicant shall perform an Auto-turn Analysis with Chula Vista Fire Department
(CVFD) truck data/dimensions to determine if proposed on site roads are adequate
21. 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.
22. Grades for any access roadway shall be restricted to the following:
Asphalt < 11%
Concrete =/> 11%
Fire Department Web Page:
23. Chula Vista Fire Prevention Division maintains an up-to-date web page, which contains
required details that shall be required prior to Building Permit issuance.
II. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
24. The Applicant shall install all landscaping and hardscape improvements in accordance with
the approved Landscape Plan. Landscaping shall be maintained by the owner and successor
in perpetuity, including any street trees in the right of way.
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25. 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.
26. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold
harmless 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, (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.
27. 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, o r 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.
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________________________________ _______________________
Signature of Property Owner Date
________________________________ _______________________
Printed Name of Property Owner Date
________________________________ _______________________
Signature of Applicant Date
________________________________ _______________________
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 consider in a noticed public hearing
conducted under Section 19.14.270 of the Municipal Code whether 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 ma y also
result in the imposition of civil or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council 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. However, in such an event, the
Property Owner/Applicant shall have the right, by paying applicable processing fees, to bring a
request for a Conditional Use Permit without the “invalid” conditions(s) back to the discretionary
body which approved the Permit for a determination by that body as to whether all of the
findings necessary for the issuance of the proposed permit can still be made in the absence of the
“invalid” condition(s). Such hearing shall be a hearing de novo, and the discretionary body shall
have the absolute right to approve, disapprove, or modify the proposed Permit and the
condition(s) contained therein.
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Ian M. Gill
6/13/2019
6/13/2019
6/13/2019
6/13/2019
Nita Vance Ferreira
Resolution No. 2019-095
Page No. 10
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 4th day of June 2019 by the following vote:
AYES: Councilmembers: Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: Galvez
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2019-095 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of June 2019.
Executed this 4th day of June 2019.
Kerry K. Bigelow, MMC, City Clerk
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