HomeMy WebLinkAboutPlanning Commission Packet 07.24.19 �t�lf
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City of Chula Vista Boards & Commissions
P[anninE Commission
REGULAR MEETING OF THE CITY OF CHULA VISTA
PLANNING COMMISSION
July 24,2019 Executive Conference Room 103
6:00 p.m. Public services Bldg A
275.Fourth Avenue
CALL TO ORDER
ROLL CALL: Commissioners Burroughs, De La Rosa, Milburn, Nava,Torres,Zaker,and
Chair Gutierrez
MOTIONS TO EXCUSE: Commissioner Zaker has requested an excused absence
Recommendation: to excuse the absence 2
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
OPENING STATEMENT: J.
I. APPROVAL OF MINUTES:
May S,2019
May 22,2019
PUBLIC COMMENTS:
Ano ortunl or members
pp ty f of the public to speak to the Planning Commission on any subject matter
within the Commission's jurisdiction, but not an item on today's agenda. Each speaker's presentation
may not exceed three minutes.
CONSENT ITEMS:
The Chair may entertain requests by staff to continue an agenda item. The Chair may also entertain a
recommendation by a Commissioner to approve certain non-controversial agenda items as Consent
items. Notwithstanding the foregoing, an agenda item listed as a Public Hearing may not be acted upon
by the Commission as a Consent Item. Public Hearing items shall be heard by the Commission as a public
Hearing.
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Planning Commission Agenda
Page-2-
July 24, 2419
PUBLIC HEARINGS
The following item(5)have been advertised as public hearing(s) as required by law. If you wish to speak
on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City
Clerk prior to the meeting.
2. PUBLIC HEARING
DRIS-0019 consideration of a 46-unit apartment complex with an affordable housing
component,and resident amenities to include a community room on the first floor,
and recreation areas for active and passive use on approximately 1.13 acres west
of Third Avenue and south of K Street.
Applicant:Floit Properties
Oscar Romero,Assistant Planner
Resolution of the City of Chula Vista Planning Commission approving Design Review Permit
DR18-0019 to construct one four-story building totaling 41,770 square-feet, consisting of 46
apartment units including 5%affordable units with associated parking and recreational facilities
on approximately 1.13 acres located south of K Street, between Third Avenue and Fourth
Avenue.
Staff Recommendation:
That the Planning Commission adopt Resolution DR18-0019 approving the Project, based on the
findings and subject to the conditions contained therein.
OTHER BUSINESS
3. ELECTION OF OFFICERS
Chairman
Vice-Chair
4. DIRECTOR'S REPORT:
5. COMMISSION COMMENTS:
ADJOURNMENT to the next Regular Planning Commission Meeting on August 14, 2419
at 6:00 p.m., in the Council Chambers.
Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review
at the City Housing affce,located in City Nall at 276 Fourth Avenue,Building 300,during normal business hours.
In compliance with the
AMERICr1NS WITHDISABIEITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,and/or participate in a City
meeting, activity, or service, contact Patricia Solvaclon at(619)476-5391(California Relay Service is available for the hearing
impaired by dialing 711j at least forty-eight hours In advance of the meeting.
—2 —
Gfu or
City of Chula Vista Boards & Commissions
Pianninj! Commission
DRAFT MINUTES OF THE
REGULAR MEETING OF THE CITY OF CHULA VISTA
PLANNING COMMISSION
May 8, 2019 Council Chambers
6:00 p.m.
Public Services Bldg A
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Commissioners Burroughs, De La Rosa, iaa, arres,Z�kf,and
Chair Gutierrez " s�'
MOTIONS TO EXCUSE: Milburn (Zaker/Burrou gkf
.,
e"
ALSO PRESENT. Director of Development Services Broughton, Senior Planner Donn, Assistant
Planner Romero
PLEDGE OF ALLEGIANCE AND MOMENT
OPENING STATEMENT:
1. APPROVAL1lIINUTES
Februar ti3 y_201 t b,•. "f Vch JZ 3i
3,C�d'4',•ySraJ V'fr A i
``' ''" Rota requested that it be noted in the minutes of March
r Comrriissio er De�lr
130 2019 he reused himself from Item 2.
�'--"MSC: ZakerfDe La Rosa
VJOT : 6-q=�-1 [Milburn absent) �
PUBLIC COMMENTS:`
An opportunity for members of the public to speak to the Planning Commission on any subject
matter within the Commission's jurisdiction, but not an item on today's agenda. Each speaker's
presentation may not exceed three minutes.
None
— 3—
Planning Commission
May 8, 2019
CONSENT ITEMS:
The Chair may entertain requests by staff to continue an agenda item. The Chair may also
entertain a recommendation by a Commissioner to approve certain non-controversial agenda
items as Consent items, Notwithstanding the foregoing, an agenda item listed as a Public
Hearing may not be acted upon by the Commission as a Consent Item. Public Hearing items
shall be heard by the Commission as a Public Hearing.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) os. .red by law. if you wish
to speak on any item, please fill out a "Request to Speak"fore (available in the lobby) and
submit it to the City Clerk prior to the meeting.
>:s.
2. PUBLIC HEARING: CUP16-0030; Consider; '16f a Can Anal Use Permit to
`
establish and operate a temporary RecreatEbnal Vehicle and B�ra��tory a g Facility at
1228 Eastlake Parkway r 'Y:•. �'' '
Fri`•'•, r-�••-'.
Resolution of the City of Chula Vista Planning Co6*'!ssion approving Conditional Use
Permit CUP16-0030 for a temporary Recreational Vff" e and Boat Storage Facility located
on a 6.5-acre site at 1228 EastJ,__%*,way within the a tlake li Sectional Planning Area
(DS3 Zone).
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Appicant:,, c :�rhm.sFd
Project Manager $Oso ar RorrrelCM�Assistant Planner
Staff Recomm. dat!66!'`:.*'�CConduct the public Hearing and adopt the attached Planning
i;.;.pz
Commission•``'Re elution, C-16-0030, improving Conditional Use Permit CUP16-0030,
based on the firidgs arIfj�C to fe conditions contained in the attached Planning
CommissioResolufl.
gn
j��sistant Mann�e�Tscar o, gave a presentation on the project which Included the
� cription of lan'[ e andoning designations.
C0MMJ SI0NER 4101STIUNS TO STAFF:
The commIiri asked for clarification the zoning of the project site. Mr. Romero
clarifiedthat the site location is zoned OS-III which includes. various types of land uses
(as noted in the staff report on page 24).
The applicant gave a slide presentation of the project which included ariel photos, the
site plan, and lighting for the project. Modification to the project include the hours of
operation which will be from 7:30 a.m.- 9 p.m. The gate will be programmed for
activation only during the hours of operation. Surveillance cameras will be located on-
site for security.
—4—
PUBLIC HEARING OPENED
The following individuals spoke or noted that they were in favor of the project:
Michelle Alvarez
Chris Baffico
Lisa Cohen
Brian Felber
Ray Gabeil
Dan Ham
Jeff Stewart fc
rT
The following individuals spoke or noted that they were iriRpositian of the project:
Carolyn Andersons .
Carmen Berumen
Carletta Coleman
`s
COMMISSIONER DELIBERATIONS ,,.. ' ,.•
Questions/comments to staff a d applicant includ-:i�.,, f
1k
• concerns regarding tra '�;&,_-apd recreationa��;'a���iGles entering and exiting the `
location l
• potential of crime
• grading plan,will a permit be`=i,ss6d ? I
r.;r
• suggeste d,t-at� i:e hours of oo-gyration on Sundays be modified to a later opening
time { D a.m.)
■ areAet 6clditiop"': fire requirer Fats? I
yrs :
• that staff`��'.W ifFi t�e,.ap�l cant on the following to be reflected in the
--` lotion: ffititevised hours of operation, the height and length of the fence to
be iric �sed, airy:,recommendation of the Fire Department regarding fire
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extinguilgided intermittently throughout the site.
MSir iWotion by T-6ftes to approve
Secon`i#h�;y_Zaker
'- . r r
Yes: 4- o°b a:.Rasa,Gutierrez,Torres, Zaker
No: Z- Burr iighs, Nava
(Milburn ab ent)
OTHER BUSINESS
3. Appointment of a second Planning Commissioner to the Bayfront Cultural and Design
Committee due to the resignation of Yolanda Calvo
MSC: Motion by Gutierrez/Zaker to nominate Commissioner Torres
Yes: S (Milburn absent)
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Planning Commission
May 8, 2019 -
4. DIRECTOR'S REPORT:
Kelly Broughton mentioned that the GMOC Joint Workshop has been continued to a
date uncertain,the commission will be notified once the date has been established.
S. COMMISSION COMMENTS:
The commission welcomed Jerome Torres as their newest member.
ADJOURNMENT at 8:40 p.m.to the next Regular Planning CgTmvssion Meeting on May
22, 2019 at 6:00 p.m., in the Council Chagl° rs.
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CHU A VISTA
BoardsCity� of Chula Vista
PlanninLy Commission
DRAFT MINUTES OF THE
REGULAR MEETING OF THE CITY OF CHULA VISTA
PLANNING COMMISSION
May 22, 2019 Council Chambers
Public Services Bldg A
CAL!TO ORDER 276 Fourth Avenue
PRESENT: Burroughs, De La Rosa, Gutierrez, Milburnf€Vava,Torres, Zaker •.
':E..
ALSO PRESENT: Deputy City Attorney Shirey, Deveio Ment Sep&es Director Bra[ i'ton Senior
Planner Donn
MOTIONS TO EXCUSE: None
PLEDGE OF ALLEGIANCE AND MCOM
OMENT
OIF<SIL�N��1 �'-
,_ �d bymis;�iioner Zaker �
OPENING STATEMENT:
PUBLIC COMMENTS,-,,:
•�•�Nig �e ',t�l':.!"r,. 1
None
CONSENT
:ITEMS:
•ddb••,di•
The Chat�"
entertain re4,'rit by stff
a to continue an agenda item. The Chair may also
_ ` .
entertain r� �mmendation�y a Commissioner to approve certain non-controversial agenda
items. Natwithnding the f0?egoing, an agenda item listed as a Public Hearing may not be
acted upon by tharramiss,0 as a Consent item. Public Hearing items shall be heard by the
Commission as a Pu 1k. ring.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. if you wish
to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and
submit it to the Baard Secretary prior to the meeting.
— 7—
Planning Commission Minutes
May 22, 2019
1. PUBLIC HEARING:
1) Consideration of Addendum (1517-17005) to Final Environmental Impact Report (FEIR)
02-04; 2) Consideration of an amendment to the Otay Ranch Freeway Commercial GDP
(MPA17-0012), SPA Pian (MPA17-003.1) and associated regulatory documents, including
Planned Community District Regulations, and Design Plan to reflect the addition of 300
multi-family residential units within Freeway Commercial North (FC-2); 3) Tentative
Subdivision Map (PCS 19-0001); 4) Development Agreement aM.endment, Supplemental
Public Facilities, and Finance Plan; and 5) Design Review (Df. 37) for a mixed-use
project consisting of 578 apartment units and 15,000 sq.`ft f commercial retail.
r
Staff Recommendation: That the Planning Commission nduct ti ,bIic hearing and adopt
the proposed resolution red" r minding th'�ti e City Council:
1. Consider the third Addendum to FEIR 02-, �
2. Approve a resolution amending the 0taVRA-ch GDP;
3. Approve a resolution amending the Otay Ran Freeway commercial SPR Plan and
Master Precise Plan in accordance with the fint)Q nd subject to the conditions
contained therein; `
4. Approve an ordinance modifyir g f ; eway Commer a PCvDistrict Regulations;
S. Approve an ordinance amendinghe` 3e �ppment Age'' ent for the FC-2 area of
X :F. {r
the Freeway Commercial project, 6i sed vr%tl�fin ng and subject to the conditions
contained thereiri,;,-,- -,•r
6. Approve an oK naRie"j wending the 1i?F Agreem ht for Otay Ranch Viilage 2, based
on the find] and subjt to the condii4ons contained therein;
7. Approve a retltion ajYoving a Tenta-4 Subdivision Map, based on the findings
and subject to the;can `ltiii4ryC .taine�J7ierein; and
"?tiff.,: •.f.!s+ . �•
S. Ap VrAi alutiai proving"aes i Review Permit DR17-0037 in accordance with
r , ?:
rt 'e findingsdubjec ± ;the conditions contained therein.
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Senior Pid?: er,Stan Donn;gate a slue'presentation of the project. Mr. Dann mentioned
that threet jjp,meetings W06 facilitated, in addition, correspondence was received with
comments rel ftp pedestr%n safety,the overcrowding of schools,the adequacy of water
supply, and CEQA�Fi Orem6nts (attachment 10).
QUESTIONS TO STAFF '
r Has construction already started west of the project?
• Will there be a reduction in commercial space?
■ How was the fiscal impact calculated?
The applicant gave a ten minute presentation on the project.
2
_g_
Planning Commission Minutes
May 22, 2019
PUBLIC HEARING OPENED-limited to 5 minutes
k
The following individuals spoke in favor of the project: f
Colin Parent
Nick Lee (Baldwin and Sans)
The following individuals spoke or noted in opposition of the project:
Theresa Acero
Douglas Chermak, representing SAFER 's.
Mark Livag
Kathleen Reid
nti; vi.
Joanna Ward
PUBLIC HEARING CLOSED � ''s' ".,•
COMMISSION DELIBERATIONS
Questions/comments to staff and appliant included the following: E
X �..
• Are the development fees sufficiel .lhe urban parks
• Can the park fees collected be used fof 0-gffks;qn the west 941
• Can a pedestrian bridge be consider., d frpic Parkway to the commercial area I
and beb aid
p y the dei l�ppm ent im pa�t,feW •�•` ���•
• Can staff explain s{ng requiremAi
s
• Was the focus;�
�drh smaller'u'nits?
• Concerns a6ut`t Pumb r'of stories (5) .'
■ Can the landscaping,6taffgr:fnlie; ree5?
■ A varjejr: f vine o tion;.for employs"'s'could attract companies
p .. t larger c p sRf
Y
• 4016as designateMWr corri'ii'orcial should remain commercial
r,Y•=i'•
MSC: Guti /De la Rosa ved tb approve the project and as part of the motion, that staff
ti
and the City M:q�ger, look at tilizing the park funds for the whole city
Yes: 5-Gutierrez €
i
No: 1-Nava
OTHER BUSINESS
9. DIRECTOR'S REPORT:
None
10.COMMISSION COMMENTS:
3
- 9-
Planning Commission Minutes
May 22, 2019
The commission commended the applicant on the design and density of the project and
also mentioned that commercial development needs to continue for a better balance in
the city.
ADJOURNMENT at 8:15 p.m. to the next Regular.planning Commission Meeting on June
12, 2019, at 6:00 p.m., in the Council Chambers.;
rYr.S••.
fry: "r,ieF,'-•'r"?
Materials provided to the Planning Commission related to any open-sessjb?r rterr�;a i#hI's agenda are available for
public review at the City Housing Office,located in City Hall at 276 4. ing 300,during normal
business hours.
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�j1rF;':y J' ';1.111.'•'yY'fir •
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•.::•,• {.i* t.LES:*rk
'•"d:ni t 1f�'
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4
- 10—
CHULA VISTA
PLANNING
COMMISSION
ES: j �
AGENDA STATEMENT -
Item: _2
Meeting Date:07l2411.9
ITEM TITLE: Public Hearing: DR18-041.9 consideration of a 46-unit apartment
complex with an affordable housing component, and resident amenities to
include a community room on the first floor, and recreation areas for
active and passive use on approximately 1.13 acres west of Third Avenue
and south of K Street.Applicant: Floit Properties.
Resolution of the City of Chula Vista Planning Commission approving
Design Review Permit DRI 8-0019 to construct one four-story building
totaling 41,770 square-feet, consisting of 46 apartment units including 5%
affordable units with associated parking and recreational facilities on
approximately 1.13 acres located south of K Street,between Third Avenue
and Fourth Avenue.
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3
i
SUBMITTED BY: Oscar Romero,Assistant Planner
i
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
On.October 24, 2018, the,Appheant submitted a Design Review application for approval of the
above-referenced apartment project. The proposed project is for the construction of one 4-story
residential building-with a total of 46 apartment units and 69 parking spaces on a consolidated
1.13-acre site (the "Project"). The Project also includes the construction of landscaped areas,
recreational areas to include an indoor community room and outdoor recreation consisting of
both passive and active use. Access to the project site will be from K Street (see Locator Map,
Attachment 1). The Applicant has elected to utilize the provisions allowed by California
Government Code Section 65915 "State Density Bonus Law" and as codified in Chula Vista i
Municipal Code (CVMQ Chapter 19:90-Affordable Housing Incentives related to parking
standards. As required by State Density Bonus-Law/CVMC Chapter 19.94, five percent of the
units (three units)will be rent restricted for occupancy by very low-income households.
BACKGROUND
The 1.13 acre site currently consists of two legal parcels of land used by the Marquez Body Shop
from 1962 to 2014. The site is within the 1,700 acres covered by the Urban Core Specific Plan
(UCSF) adopted in April 2007 and last amended April 2015, The proposed Project is a permitted
— 11 —
Planning Commission 07-24-2019
DR18-0419 Item No: 2
Page No. 2
use by the Urban Core Specific Plan (UCSP) and may be approved through the processing of a
Design Review Permit subject to review and approval by the Planning Commission.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed Project for compliance with the
California Environmental Quality Act (CEQA)and has determined that the proposed Project was
adequately covered in the previously adopted Urban Core Specific Plan Final Environmental
Impact Report and Mitigation Monitoring and Reporting Program FEIR 06-01, adopted by the
Chula Vista City Council in May 2007. A secondary study was completed as required by the
UCSP EIR, and the determination has been made that there are no project impacts beyond those
previously identified in the UCSP EIR.
RECOMMENDATION:
That the Planning Commission adopt Resolution DR 18-0019 approving the Project,based on the
findings and subject to the conditions contained therein.
DISCUSSION:
The City has received a Design Review application for the construction of a total of 46 apartment
units, with three units to be rent restricted_for_o_cc_upancy by�er_y low-income households in
accordance with State Density Bonus Law/CVMC, and 69 parking spaces on a 1.13-acre site
The following discretionary action is required for the proposed Project:
Design Review with State Density Bonus
■ Comprehensive evaluation of the site plan,. architectural and landscape design
components of the Project utilizing State Density Bonus Law/CVMC.
■ Use of reduced parking standards pursuant to CVMC 19.90.4$0 (H) and Government
Code § 65915(p).
Project Description
The 46-unit apartment development embodies a Southern California courtyard housing design and
is comprised of one 4-story building, with two courtyards linked at the ground level, and one
elevator. The building's one elevator is located less than 154-feet from the furthest unit. The
proposed building's maximum height is 49-feet and 7-inches,which is less than the maximum height
allowance of 60-feet in the UCSP. Total building area for the proposed project is approximately
41,770 square-feet on approximately 1.13 acres.
The development will provide 19 one-bedroom units, 19 two-bedroom units and 8 three-bedroom
units. A total of 69 uncovered parking spaces will be provided at the ground level. The Project also
includes recreation areas including a community room, and recreational areas for both passive and
active uses.
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Planning Commission 07-24-2019
DR18-0019 Item No: 2
_ Page No. 3
Exterior finishes on the building will consist of medium sand, tinted glass railing, vertical metal I
panel siding, dark bronze metal panel, corrugated metal siding and steel window shrouds. All I
exterior lighting will comply with the City's Municipal Code and will be shielded and directed
downward. The proposed Project includes landscaped areas, surface parking, and amenities
including a BBQ area, indoor community room for residents, recreational courtyard with artificial
turf for active use and a passive courtyard for leisure.
The Applicant has requested and qualifies for State Density Bonus provisions under California
Government Code Section 55915 and CVMC Chapter 19.90 that promote affordable housing
through the use of density bonus, incentives or concessions, waivers or reductions to
development standards, and/or reduced parking ratios. Pursuant to State Density Bonus Law and
CVMC Chapter 19.90, the Applicant will provide three affordable rental units for very low
income households and,therefore, is requesting use of the specified parking ratios.
Three of the rental units (5% of the total 45 units) will be subject to rental and occupancy
restrictions for very low-income households at 50% of the area median income (AMI} for a
period of 55 years. The maximum annual income for a qualifying two person very low-income
household is $42.,840 ($3,567 per month) and $48,150 ($4,013 per month) for a three- person
household. The anticipated restricted rental costs would range from $853 a month for a one-
bedroom unit and$970 for a two-bedroom unit.
I
Proiect Site Characteristics and surrounding uses:
The Project is located within the UCSF area just west of Third Avenue and South of K Street.
The proposed Project is located on 1.13 acres, comprising two separate, contiguous parcels:
Assessor Parcel Numbers 573-450-04-00, 573-450-05-00 (Attachment 1, Locator Map).
As shown on Attachment 1, the site is within an urban portion of the City and in an area
generally surrounded by multifamily and commercial land uses. To the north is a rental facility '
for construction tools and machines, a gas station and multifamily development. To the west is
another apartment complex,-.east are three contiguous parcels fronting Third Avenue with two
restaurants and a bank parking lot. South of the project site is the bank and apartment complex.
Single-family dwellings are located along K Street to the west within less than a'/4 of a mile.
Land Use and Zoning
The table below shows the current General Plan and zoning designations for the subject site and
the surrounding sites:
CURRENT USE GENERAL PLAN UCSP ZONING
SITE Abandoned auto body Commercial Retail Third Avenue South(C-1)
repair
NORTH Construction yard, Gas Residential High(RID and Commercial Office (CO), and
Station,Multifamily Commercial Retail (CR) C-1 Third Avenue South
EAST Jack in the Box Commercial Retail C-1 Third Avenue South
Cotija's
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Planning Commission 07-24-2019
DR18-0019 Item No: 2
Page No. 4
Wells Fargo
SOUTH Wells Fargo Commercial Retail Third Avenue South(C-1)
Multifamily
WEST Multifamily Residential High Apartment Residential (R-3)
Consistency with Develotiment Standards
The proposed residential development and the associated conceptual design plans have been
evaluated in the context of the UCSP's development regulations, standards, and design
guidelines, CVMC, including the Government Code and Chula Vista Design Guidelines. The
Project utilizes the UCSP Third Avenue South (C-1) Zone development standards for
apartments.
DEVELOPMENT STANDARD ZONING PROJECT PROPOSAL
BUIELDING HEIGHT 50 #t. Max. 49 feet and 7 inches max.
FAR 1.0 0.85
(41,770 sq.ft--bldg.l 1.13 ac)
BUILDING SETBACKS:
STREET: 10-20 feet 10 Feet
SIDE: 0 feet 5 Feet:
REAR: 0 Feet 117 Feet
*PARKING REQUIRED: 73 spaces 69 spaces onsite
*Parking is in accordance with the provisions of Government Code§65915(p)ICMVC 19.9 0,080
ANALYSIS:
Staff has identified four key. items for consideration: 1) the regulatory framework; 2) Design
Review consistency; 3) reduced parking requested pursuant to the State Density Bonus
Law/CVMC; and 4)the Project's environmental considerations.
I.. Regulatory Framework in.Reviewing the Project
The proposed Project requires adherence to the City of Chula Vista Municipal. Code, UCSP,
Design Guidelines and State Density Bonus Law. The City's discretionary action on the Project
must be based upon its reasonable determination of compliance or non-compliance with such
written and objective standards and regulations. As stipulated in State Law, receipt of a density
bonus and/or other incentives, concessions or waivers under State Density Bonus Law shall not
constitute a basis for finding a project inconsistent with a particular plan, policy, ordinance, or
standard. Project compliance is demonstrated in this analysis section.
In addition, the entirety of the action must also be found to be consistent with the Housing
Accountability Act. Although the Planning Commission retains discretion to act on the Project,
— 14—
Planning Commission 07-24-2019
DRI 8-0019 Item No: 2
Page No. 5
that discretion must be consistent with the Housing Accountability Act (the "HAA" or "Act")
found at California Government Code §65589,5. The HAA applies to all housing development
projects, whether affordable,market rate, or mixed use.
The HAA restricts a city's ability to deny, reduce the density of, or make infeasible housing
developments that are consistent with objective general plan, zoning, subdivision, and design
review standards, The burden of proof is placed on the City to justify such actions based upon
the following:
■ Written and specific findings that the project would have a "specific adverse impact"
defined as "a significant, quantifiable, direct,and unavoidable impact,based on objective,
identified written public health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete" to public health and safety as
supported by a preponderance of the evidence on the record; and
■ There is no feasible method to satisfactorily mitigate or avoid the adverse impact other
than the disapproval of the housing development project or the approval of the project
upon the condition that it be developed at a lower density. (Gov't Code § 65589.50)),
2. Design Review—Compliance with City standards
The Project requires the approval of a Design Review Permit (DR) pursuant to CVMC Section
19.14.582. The purpose of the DR is to review grading, site design, and landscaping
improvements to ensure consistency with the City of Chula Vista Design Manual and the UCSP.
As indicated previously in this report, the City Council adopted the UCSP to implement the
vision of Smart Growth to include the following:
■ Provide a mix of compatible land uses F
■ Take advantage of compact building design
■ Create a range of housing opportunities design
■ Create a range of housing opportunities and choices
■ Create walkable neighborhoods
■ Strengthen and direct development towards existing communities
■ Provide a variety of transportation choices
I
The adopted UCSP contains the required regulations and development standards to review and
evaluate development projects for consistency with the vision and goal for the subject area. The
proposed apartment Project was reviewed and evaluated based on the UCSP's and the R-3
regulations,development standards,the Government Code and Chula Vista Design Guidelines.
Land Use Cam atibili
Apartments and condominiums are an allowed use under the regulations of the UCSP Land Use
Matrix for the C-1 designation. The Project would develop an underutilized and unimproved
site and provide additional residential units in an area that is adjacent to commercial and
apartment uses. The Project would contribute to provide rental multi-family housing with an
— 15—
Planning Commission 07-24-2419
DR 18-0019 Item No: 2
Page Na 6
affordable component to families that would support the existing commercial base within the
area. The proposed Project is also consistent with the UCSP, four-story building height,parking
(69 spaces provided), and building setbacks. As shown in the table above, the Project meets all
of the applicable regulations and, in cases such as parking, the Project is using the CVMC 19.94
Affordable Housing Incentives to reduce parking requirements by use of a waiver.
Site Planning and Building Placement/Orientation
The Project was analyzed based on the design guidelines established in the City's Design
Manual. Following is a set of design standards applicable to the proposed Project followed by
statements indicating how the Project is consistent with those guidelines.
■ The arrangement of structures, parking and circulation areas, and open spaces should
recognize the particular characteristics of the site and should relate to the surrounding
built environment in pattern,function, scale, character and materials;
■ The scale of multiple family projects should be considered in the context of their
surroundings. Large projects should be broken up into groups of smaller structures and
taller structures should provide increased setbacks so as not to dominate and impose on
surrounding uses and the character of the neighborhood.
■ To the extent possible, each of the dwelling units should be individually recognizable,
— — --Thtzzrn--be-ar-cunTp1ishud with the-use of roof-lines,setbacks,-projections and balconies-
which help articulate individual dwelling units or collection of units, and by the pattern
and rhythm of windows and doors.
The building is designed around two courtyards that are linked at the ground level by a common
indoor gathering space available to all the residents and their guests. Circulation through the
complex-is oriented to the.courtyard space and every path home incorporates an overlook into
the courtyards. Further, the circulation system is open at all its ends to foster natural cross
ventilation and daylight. At the top level, balcony spaces extend above the roof line to create
large airy and spacious rooms.
The site design emphasizes connection to the city, especially for pedestrians. Cars are placed
behind and to the west edge of the site where they are convenient to residents but safely away
from pedestrian travel. The courtyard scheme relates well to immediate and nearby neighbors
including Pine Vista Apartments and Casa la Paz Apartments, The overall building arrangement,
parking, recreational and open space areas, and landscaping creates a balanced mix of bulk and
ample spatial separation onsite that is complimentary with the surrounding commercial, multi-
family apartments and single-family homes.
The Project has been designed to integrate and blend with the context, character, and scale of the
surrounding neighborhood.. The Project will be a pedestrian friendly development intended to
connect with the street, surrounding commercial, and the rest of the neighborhood. All interior-
facing building elements are designed to support pedestrian traffic and provide the residents
Planning Commission 07-24-2019
DR18-0019 Item No: 2
Page No. 7
within the Project as well as the public with the connectivity between the site and the immediate
community. One of the important features that will connect the Project internally and externally
is the courtyard located at the center of the site.
Building Architecture
■ The architecture should consider the compatibility with surrounding character, including
harmonious building style,form, size, color, material and roofline. In developed areas,
the new project should meet or exceed the standards of quality which have been set by
surrounding development.
■ Heights and setbacks within the same building should be varied, and wall planes should
be staggered both horizontally and vertically in order to create pockets of light and
shadow and provide visual relieffrom monotonous, uninterrupted expanses of wall.
■ Colors and materials should be complementary to the chosen architectural style and
compatible with the character of surrounding development. Materials far multiple family
projects should be durable and require low maintenance. They should be consistently
applied and work harmoniously with adjacent materials. Piecemeal embellishments and
frequent changes in materials should be avoided, Materials tend to appear substantial
and integral when material changes occur at changes in planes.
■ Colors and materials should be consistent with the chosen architectural style and
compatible with the character of surrounding development. Sensitive alteration of colors i
and materials can produce diversity and enhance architectural form. E
The architecture throughout the site is a modern adaptation of the familiar and regionally
appropriate courtyard housing. Buildings are simple with bold articulation design such as metal
accents,plaster,glass sidings and varied rooflines.
The proposed courtyard architecture is scaled to be consistent with the UCSP and the
surrounding commercial and residential buildings. The building's fenestration allows those
passing by to see welcoming large windows and balconies. In addition,the buildings will feature
articulated walls, color variety, different finish textures and stepped facades to maintain proper
scale with Its surroundings. e
Private balconies and shared amenities onsite will provide many opportunities for passive and
active recreation. The Project is consistent with the scale and style of the adjacent commercial `
and apartment properties.
Building Height/Setbacks
The UCSP establishes a maximum building height of 50-feet and the proposed Project will be
49-feet and 7-inches in height. Setback for the site under the C-1 Third Avenue South Zone
requires a minimum setback from the street at 10-feet or a maximum of 20-feet with 50%
frontage. The site is proposing a minimum front yard setback of 10-feet with a 51% street wall
— 17 —
Planning Conmission 07-24-2019
DRI 8-0019 Item No: 2
Page No. S
frontage along K Street. There was no additional setbacks required as the site is not within a
Neighborhood Transition area requiring additional setbacks when adjacent to an R-1 or R-2
Zone.
Open Space
The UCSP does not require usable open space in the C1 Zone, but the Applicant did provide
recreation and leisure areas for residents as well as providing a landscape plan to cover 19% of
the site exceeding the 10%-15%requirement.
3. State Density Bonus Law/CVMC Chapter 19.90 &Parking Regulations
Affordable Housing Density Bonus/Incentives/Waivers
Cities are required to provide an increase in allowable density to those qualifying projects (Cal.
Gov. Code § 65915 (b)). In addition to these density increases, developers roust also be afforded
the opportunity to apply for other development incentives or concessions (Cal. Gov. Code §
65915(d)), the number of which is dependent on the amount of affordable units provided and
their level of affordability, waivers or reduction of developments standards (Cal Govt Code §
65915(e)), and reduced parking.ratios(Cal Govt Code § 65915(p)).
To facilitate and materially assist the housing industry in providing adequate and affordable
shelter for all economic segments of the community and to provide a balance of housing
--opportunities for-very-low-income,-low-income and senior-households the-City-adopted-CV--MAC-----
Chapter 19.90 - Affordable Housing Incentives, consistent with State Density Bonus Law.
Should an applicant agree to construct housing units to be restricted for occupancy by very-low
and low-income households as set forth in CVMC 19.90.040, upon the request of the applicant,
the City shall make incentives and waivers available, in accordance with CVMC 19.94.050, and
parking ratios in accordance with CVMC 19.90,080(H).
Density Bonzes
-By including five percent of the base units for very low-income households, the Project is
entitled to a 20 percent housing density increase under the provisions of CVMC 19.90.040 (B)
and Government Code §-659150(2). However, the Applicant is not requesting a density bonus
to achieve the affordability level for the three very low-income units. In accordance with Gov.
Code Section 65915 (f) and CVMC Section. 19.90.040 (E), the Applicant can request less than,
including no density increase, and still receive all other incentives, concessions, waivers, and
parking.
Incentives
By including five percent of the base units for very low-income households, the Project is
entitled to one development incentive under the provisions of CVMC Chapter 19.90.
Incentive Findings
State Density Bonus Law requires local agencies to grant the incentive request unless one or
- 18-
Planning Commission 07_24-2019
DR18-0019 Item No: 2
Page No. 9
more of the following findings can be made to deny any waiver of development standard based
on substantial evidence:
• The incentive does not result in identifiable and actual cost reductions to provide for
affordable housing costs or for rents;
■ The incentive would have a specific adverse impact upon public health and safety as
defined in Government Code § 65589.5, the physical environment, including
environmentally sensitive lands, or on any real property that is listed in the California
Register of Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact; or,
■ The incentive would be contrary to state or federal law.
If the findings above cannot be made,the incentive must be granted.
WaiverslReductions in.Development Standards
By including five percent of the base units for very low-income households, the Applicant may
request waivers or reductions of development standards in accordance with CVMC 19.90.080
(F) and Government Code § 65915{e} in addition to any requested incentives or concessions as
described above.
Waiver Findings ;
State Density Bonus Law requires local agencies to grant the wavier requests unless one or more
of the following findings can be made to deny any waiver of development standard based on
substantial evidence:
s
-__--_..._The-waiver.or reduction would have a specific adverse impact upon public health and
safety as defined in Government Code § 65589.5, the physical environment, including I
environmentally-sensitive lands, or on any real property that is listed in the California
Register of Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact; or,
The incentive would be contrary to state or federal law.
If the findings above cannot be made, the waiver must be granted.
s
The Applicant is requesting a waiver from the CVMC 19.90.080.1-1 parking requirement with 1
allowance for a reduction in parking from 73 spaces to 69 parking spaces for a total reduction of
4. The CVMC 19.90.080 H Parking Requirement allows for 73 parking spaces under Table F
parking standards. The site is physically constrained and will not be able to meet the minimum
requirement of 73 spaces, which will require a reduction in the 46-units proposed resulting in a
reduced number of units developed. No evidence has been identified to demonstrate that the
granting of the requested waiver would have an adverse impact to health, safety or physical
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Planning Commission 07-24-2019
DR 18-Oa 19 Item No: 2
Page No, 10
environment that cannot be feasibly mitigated. Furthermore, the proposed waiver will not impact
any historic property and would not be contrary to any state or federal law.
Regulatory Agreement
To ensure compliance with CVMC Chapter 19.90 and State Density Bonus Law, as a condition
of approval of the Project, the Applicant will be required to execute and record an Affordable
Housing Regulatory Agreement and Deed of Trust securing the City's interest prior to the
issuance of a building. permit. Such Agreement will set forth the terms and conditions for the
required income and rent restrictions for three units reserved for very low-income households for
a minimum compliance period of SS years and shall be recorded as a covenant on the property.
Such restrictions will bind all subsequent owners so that the commitment remains in force
regardless of ownership. Compliance with these restrictions will be subject annually to
regulatory audit and certification, with an annual monitoring fee to be paid to the City.
4. Environmental Review
The Project was adequately covered in the previously adopted Urban Core Specific Plan Final
Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 06-01,
adopted by the Chula Vista City Council in May 2007. No further environmental review is
required.
CONCLUSION
The Project, as proposed, is consistent with the vision and requirements of the UCSP, CVMC,
the Guidelines of the City's.Design Manual, and State Density Bonus Law. The requested
waiver for reduced parking pursuant to State Density Bonus Law can be justified based upon the
physical characteristics of the site which constrain the Applicant's ability to develop a total of
46-units.-By requiring 73 spaces,there will be a requirement to add four additional spaces which
cannot be physically located on-site. Furthermore, in order for the Applicant to meet the
minimum of 69 parking spaces they will need to reduce the number of units by two in order to
comply with the parking requirement. For purposes of the HAA, no "specific, adverse impacts"
to public health and safety have been determined that would necessitate the denial of the Project
or a reduction in density to mitigate such impacts.
The proposed Project will provide new investment and modern housing facilities and site
improvements that will contribute to the revitalization and enhancement of the site and the
neighborhood. It will provide new rental multi-family housing with an affordable component that
will improve the housing mix, expand-residential opportunities and contribute to business
activity in this part of the City. The proposed. Project is well planned, incorporating the
principals of Smart Growth such as compact design, located near transit, and resource
conservation. It is designed to respect and blend with the community character, local history,
and climate. The Project's pedestrian orientation and location near the 929 MTS route along
Third Avenue and the 704 MTS route along Fourth Avenue will provide convenient access for
residents to nearby public transportation. Based on the description and evaluation of the Project
20
Planning Commission 07-24-2019
DRI 8-0019 Item No: 2
Page No. 11
and the conclusions above, staff recommends that the Planning Commission approve the
proposed Project subject to the conditions contained in the resolution.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the Planning Commission members and has found no
property holdings within 1,000 feet of the boundaries of the property which is the subject of this
action. Consequently, this item does not present a disqualifying real property-related financial
conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for
purposes of the Political Reform Act(Cal. Gov't Code §87100, et seq.).
Staff is not independently aware and has not been informed by any Planning Commission
member, of any other fact that may constitute a basis for a decision-maker conflict of interest in
this matter.
FISCAL IMPACT ,
R
1
The proposed Project is a private development. The application fees and processing costs are
paid for by the Applicant.
h
Attachments
1. Locator Map
2. Planning Commission Resolution DRI 8-0019
3. Disclosure Statement
4. Project Plans (via flash drives)
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RESOLUTION NO. DR18-0019
e
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION ADOPTING AND APPROVING A DESIGN REVIEW
PERMIT DR18-0019 TO CONSTRUCT ONE FOUR-STORY BUILDING
TOTALING 41,770 SQUARE-FEET, CONSISTING OF 46 APARTMENT
UNITS INCLUDING THREE RENT RESTRICTED UNITS FOR
OCCUPANCY BY VERY LOW-INCOME HOUSEHOLDS WITH
ASSOCIATED PARKING, RECREATIONAL FACILITIES AND OPEN
SPACE ON APPROXIMATELY 1.13 ACRES LOCATED WEST OF
THIRD AVENUE, SOUTH OF K STREET
WHEREAS,on October 24, 2018, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by Floit Properties
(Applicant); and
WHEREAS, the application requests approval of a Design.Review Permit to allow
construction of one four-story building totaling 41,770 square-feet consisting of 46 apartment
units including three 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 3
parking, recreational facilities on approximately 1.13 acres (Project); and
WHEREAS, by including five percent of the 46 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 ail
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
9
consisting of two contiguous parcels (APN's 573-450-04-00, 573-450-05-00) located west of
Third Avenue, and south of K Street (Project Site);and
E6
WHEREAS, The Development Services Director has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has determined that the proposed
Project was adequately covered in the previously adopted Urban Core Specific Plan Final
Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 06-01,
adopted by the Chula Vista City Council in May 2007. 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
—25—
Attachment 2
PC Resolution DRI 8-0019
Page 2
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; and
WHEREAS, the Planning Commission having: received certain evidence at the subject
hearing, as set forth in the record of its proceedings therein,reviewed the Design Review(DR18-
0019
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning
Commission does hereby find and determine as follows:
I. ENVIRONMENTAL REVIEW
That the Development Services Director has reviewed the proposed Project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed Project
was adequately covered in the previously adopted Urban Core Specific Plan Final Environmental.
Impact Report and Mitigation Monitoring and Reporting Program FEIR 06-01, adopted by the
Chula Vista City Council in May 2007, and therefore, no further environmental review is
required.
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 C-1 Third Avenue South (C-1) and is permitted for residential
use. The Project is in compliance with the Urban Core Specific Plan and Chula Vista Design
Guidelines and is consistent with the California Government Code and Chula Vista
Municipal Code (CVMC). The Applicant is proposing to build a total of 46 apartment units
including three 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 is requesting
a waiver and is entitled to the reduced parking standards as specified in CVMC Section
19.90.080(H) and Government Code Section 65915(p). Additionally, the Applicant is
requesting the reduction in parking through the waiver of the parking requirement
development standards of the CVMC/Government Code, as application of such requirements
would otherwise have the effect of physically precluding the construction of the Project. The
parking is proposed with 69 parking spaces instead of the 73 required under CVMC Section
19.90.080(H). The requested waiver of the parking standard is consistent with the intent of
the State's Density Bonus Law and CVMC Chapter 19.90.
The Project provides open space and landscaped areas in conjunction with the building
design by orienting balconies and patios towards the internal courtyard to provide a
connection with the built and natural environment. Landscaping has been placed along the
perimeter of the site and 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 Urban Core Specific Plan and Chula Vista Design
—26—
PC Resolution DR18-0019
Page 3
Guidelines. The Project meets the zone requirements.
2. That the proposed Project is consistent with the design requirements and
recommendations contained in the Urban Core Specific Plan and development
standards of the Chula Vista Design Guidelines.
The architecture throughout the site is a modern adaptation of the familiar and regionally
appropriate courtyard housing with a modern design, 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's
fenestration allows those passing by to see welcoming large windows and balconies. In
addition,the building will feature articulated walls, color variety, different finish textures and
stepped facades to maintain proper scale with the Urban Core Specific Plan (UCSF) and the
surrounding commercial and residential buildings.
The building facades also include a variety of building materials and colors, including a
medium sand color, tinted glass railing, vertical metal panel siding, dark bronze metal panel
and corrugated metal siding 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 UCSP and Chula Vista Design Guidelines and is complimentary to the 1
multi-family residential and commercial character adjacent to the Project Site.
BE IT FURTHER RESOLVED that the Planning Commission, 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 j
Services, or designee,prior to issuance of Building Permits,unless otherwise specified:
13
1
Planning Division
I. 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 DDA0469,
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 Planning
Commission.
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.
—27 —
PC Resolution DR18-0019
Page 4
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 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 a Regulatory Agreement and Declaration of Restrictive Covenants
for State Density Bonus Program, along with a Deed of Trust 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 of the Urban Core Specific Plan Mitigation Monitoring Reporting
Program (MMRP)mitigation measures in accordance with FEIR 06-01.
Land Development Division/Landscape Architecture Division
11. The following fees will be required based on the Final Building Plans submitted,please see
reference to fee schedule at: http://www.chulavistaca.gov/home/showdocument?id=8129
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 attached 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. Street Improvement Plans
c. (Tentative Map and a Final Map are not required since the proposal is to build
apartments.)
13. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required prior to the issuance of the first Building Permit in accordance with CVMC
—28—
PC Resolution DR18-0019
Page 5
17.10.100. The current PAD fee for West Chula Vista Projects is $12,888 for Single
Family, $9,566 for Multi-Family, and $6,031 for Mobile Home, The PAD fee is adjusted ,
on an annual basis on October 1 based on the Engineer Construction Cost Index. The
payment of PAD fee amount in place at the time of the issuance of the first Building
Permit is required. The PAD fee for the project at this time is $440,035 (46 @
$9,566/unit). Credit will be awarded for existing buildings on site.
West Chula Vista--Multi-Family PAD Fees
Fee Component Fee per Unit #Units Fee '
Parkland $3,707 46 $170,522
Acquisition
Parkland $5,859 46 $269,514
Development
Total $9,566 146 $440,036
Note:PAD fees are adjusted annually on October l',and the-above noted costs are subject to change at that time.PAD fees are due as
set forth in the CVMC 17.1 D.
14. The Applicant shall submit complete landscape construction documents for approval
demonstrating. that the installed landscape will comply with the City of Chula Vista
Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the Municipal
Code.
https://www.codepubligb l2.html
hgp://www.chulavistaca.gov/homeshowdocutnent?id=800
a. The title sheet of the drawings shall include a signed statement from the landscape
architect of work as follows: F
"I am familiar with and agree to comply with the requirements of the landscape
improvement plans as described in Chapter 20.72 of the City of Chula Vista
Municipal Cade. I have prepared these plans in compliance with those
regulations. I certify that the plan implements the regulations to provide efficient 3
water use. " 1
15. The 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 Plan Coordinate System (NAD 83, Zone 6) in accordance with the City's
Guidelines for Digital Submittal. DNF file shall include a utility plan showing any and all
proposed sewer or storm drain on site. l
16. Proposed Fire Access shall meet H-20 Loading Requirements or shall be designed for a
Traffic Index(T.l.) of 5.
17. Street or driveway within the complex shall be designated as private.
18. The Public Works Operations Section shall inspect any existing sewer laterals and storm
drain connections that are to be used by the Project, Sewer Laterals and storm drain
connections that need replacement as a result of said inspection shall be completed by the
Applicant.
—29 —
PC Resolution DRI 8-0019
Page 6
Grading and Drainage
19. The Applicant must 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.
h. 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 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 off-site flows.
e. All on-site drainage facilities shall be private.
f. Any off-site work will require Letters of Permission from the property owner(s).
20.The Applicant shall provide i copy of the following technical:reports with the I"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. Refer to the following
link to find the City of Chula Vista's template)
h ://www.cbulavistaca.gov/home/showdocument?id=12109
Storm Water Management.-
21. On
anagement:21. 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 (NPDES) permit (Municipal Separate Storm Sewer Systems Order No.
R9-2013-0001 and as amende� by Order Nos R-9-2015-0001 & R9-2015-0100 [MS4
Permit]) that covered its region. The Applicant shall meet all requirements of the MS4
Permit.
22. The Project shall comply with all requirements of the 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. The Applicant shall provide
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PC Resolution DRI 8-0019
Page 7
documentation, 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:
htt ://www.chulavistaca. ov/de artmentsl ublic-works/services/storm-water- ollution-
preyenti on-Ido cument s-and-reports.
23. The MS4 Permit and BMP Design Manual requires all development and redevelopment
Priority Development Projects (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 hydro modification impacts from changes in flow and
sediment supply(refer to Chapter 6 of the BMP Design Manual).
24. The Applicant shall implement Construction 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).
25. The Applicant shall complete a Notice-of-Intent(NOI)and file the NOI with the SWRCB for
projects covered under the CGP. A copy of the acknowledgement from the SWRCB that a
NOI has been received for this Project and shall be filed with the City of Chula Vista when F
received. Further, a copy of the completed NOI from the SWRCB showing the Permit j
Number for this Project shall be filed with the City of Chula Vista when received. F
26. Permanent storm water requirements, including site design, source control, treatment control, €
and hydro modification control BMPs, all as show in the approved PDP S WQMP, shall be
incorporated into the project design, and shall be shown on the plans. The Applicant shall
provide sizing calculations and specifications for each BMP. Any structural and non-
structural BMP requirements that cannot be shown graphically must be either noted or
stapled on the plans.
27. The Applicant 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 of Building Permits,whichever occurs first.
Improvement Plans
28. The Applicant shall submit Improvement Plans in conformance with the City's Subdivision
ubdivxsion
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-3 along the project's frontage to the satisfaction of the City
Engineer. Sidewalk shall be designed and constructed with proper transitions to
ekisting conditions.
b. Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
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PC Resolution DR 18-0019
Page 8
c. Installation of a driveway(s) meeting design standards as shown in Chula Vista
Standard detail GSI.01. Dedication of R/W as needed in order for pedestrian ramp
to comply with American Disability Act(ADA)requirements.
d. Installation of a sewer manhole per SDRSD S-2 is required at the connection of
the 6" sewer lateral to the main public sewer line.
e. Installation of sewer lateral per SDRSD 5-13.
f. Utilities Trenching and Restoration per GSI-03,
g. Installation of a sidewalk under drain per Chula Vista Standard detail DRN-10
along K Street.
h. 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.
29. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required as necessary.
30.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.
31. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Municipal Code.
Private On-Site Improvements
32. The onsite storm drain system and utilities shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City maintained public
facilities.
33. 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.
Mapping
34. Prior to the Improvement Plan or Building Permit approval, the Applicant shall grant to the
City of Chula Vista a(n) 5.5-foot Landscape Buffer Area Easement along K Street,per Chula
Vista Design Standards RWY-01 for Class II Collector,
35. If the units will be sold individually, A Tentative Map and Final Map will be required to
create the 46 units. The form and content of the Tentative Map (TM) shall be in accordance
with the City of Chula Vista Subdivision Manual. The preparation of the TM must be under
the direct supervision of a Registered Civil Engineer. A Registered Civil Engineer stamp
must be included on the TM.
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PC Resolution DR18-0019
Page 9
36. Prior to approval of any Engineering Entitlement or issuance of any Building Permit, a Lot
Consolidation will be required in order to avoid existing Parcel lines beneath proposed
structures,and in order to avoid Reciprocal Easements for access,parking and drainage.
37. Any Private facilities such as UCSP private street trees or private street lights within public
right-of-way will require an Encroachment Permit prior to Improvement Plan or Building
Permit approval.
38. 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 issuance of Building
Permits.
Building Division
39. This Project must be designed by an Architect or Engineer licensed by the State of
California. [California Business and Professional Code 5536.1, 6735].
i
40. The Applicant shall provide 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, 2416 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.
3
H. The following on-going conditions shall apply to the Project Site as long as it relies on
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this approval: �
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41. 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.
42. 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.
43. The Property Owner and Applicant shall and do agree to indemnify,protect, defend and hold
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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
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PC Resolution DR18-0019
Page 10
compliance with this provision shall be binding on any and all of the Property Owner's and
Applicant's successors and assigns.
44. 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)(I)NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HERESY 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
Printed Name of Property Owner Date
Signature of Applicant Date
Printed Name of Applicant Date
34
PC Resolution DRI8-0019
Page 11
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 Cade 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 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. However, in such an
event, the Property Owner/Applicant shall have the right, by paying applicable processing fees, ti
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.
Presented by: Approved as to form by:
3
Kelly Broughton Glen R. Googins
Development Services Director City Attorney
s
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PC Resolution DRI 8-0019
Page 12
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this day of 2019, by the following vote,
to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gabe Gutierrez, Chair
ATTEST:
Patricia Salvacion,Board Secretary
— 36—
Deve10Prnent S e r v 1 c e s Department
Planning Division I Development Processing
crrr or,
CHLRE1VLRA APPLICATION APPENDIX C
Development Permit Processing Agreement
Permit Application
AppiIca nt Name MO Properties
Type of Permit DWpn Review
Agreement Date
Deposit Amount
This Agreement("Agreement")between the City of Chula Vista,a chartered municipal corporation("City")and
the forenamed applicant for a development permit("Applicant"),effective as of the Agreement Date set forth above,
is made within reference to the Following facts:
Whereas,Applicant has applied to the City for a permit of the type af❑rereferenced ("Perm It")which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property;and,
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Whereas,the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City("Processing Services');and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connectlon with E l
providing the Processing 5ervlces;
Now,therefore,the parties do hereby agree,In exchange for the mutual promises herein contained,as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit,including €
all of City's direct and overhead costs related thereto.This duty of App€icant shall be referred to herein as"Applicant's
Duty to Pay,"
I.I. Applicant's Deposit Duty,
As partial performance of Applicant's Duty to Pay,Applicant shall deposit the amount aforereferenced ('Deposit"), t
i.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit.If,after the conclusion ofrocessin Applicant's Permit,an
P g Pp ' y portion of the
Deposit remains, Clty shat1 return said balance to Applicant without Interest thereon,If,during the
processing of Applicant's Permit,the amount of the Deposit becomes exhausted,or is imminently
likely to become exhausted in the opinion of tate City,upon notice of same by Ci '
shall forthwlth provide such additional deposit as,City shall Calculate as reasonably nece�ssarry to
continue Processing Services,The duty of Applicant to initially deposit and to supplement said
depasit as herein required shall be known as"Applicant's Deposit Duty",
2. City's Duty.
City shall,upon the condition that Applicant is no,in breach of-Applicant's Duty to Pay or Applicant's Deposit Duty,
use gond faith to provide processing services in relation to Applicant's PerMit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application,or
for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City.
Attachment 3
6af9 — 37—
IX
276 Fourth Avenue ChulaVista t mal„4,nia 1 91910 1 (619) 691,5101
D e v e 10prnent Services D e p a rtment
Planning Division I Development Processing
CHt
are APPLICATION APPENDIX C
Development Permit Processing Agreement
2.2. By execution of this'agreernent Applicant shall have no right to the Permit for which Applicant has applied.
City shall use its discretion In valuating Applicant's Permit Application without regard to Applicant's promise to pay for the
Processing Services,or the execution of the Agreement.
3. Remedies,
3,1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity,the City has
the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement,as well as
the Permit which may be the subject matter of any other Permit which Applicant has before the City.
3,2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity,the City has
the right to collect all sums which are or may become due hereunder by civil action,and upon instituting litigation to collect
same,the prevailing party shall be entitled to reasonable attorney's fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices,demands or requests provided for or permitted to be given pursuant to this Agreement must be in I
writing.All notices,demands and requests to be sent to any party shall be deemed to have been properly given or served
If personally served or deposited in the united States mail,addressed to such party,postage prepaid,registered or
certified,with return receipt requested at the addresses identified adjacent to the slgnatures of the parties represented.
4.2 Governing Law/Venue, f
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any actions arising under or relating to this Agreement shall be brought only in the federal or state courts located in San
Diego County,State of California.and if applicable,the City of Chula Vista,or as close thereto as possible.Venue for this E
Agreement, and performance hereunder,shall be the City of Chula Vista.
4.3, Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant,each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4, Signatory Authority.
This signatory to this agreement hereby warrants and represents that he Is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant.Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant. i
4.5 Hold Harmless.
Applicant shall defend,indemnify and (sold harmless the City,its elected and appointed officers and
employees,from and against any claims,suits,actions or proceedings,judicial or administrative,for writs,orders,
injunction or other relief,damages, liability,cost and expense(including without limitation attorneys'fees)arising out of
City's actions in processing or issuing Applicant's Permit,or in exercising any discretion related thereto including but not i
limited to the giving of proper environmental review,the holding of public hearings,the extension of due process rights,
except only for those claims,suits,actions a pro ceedings arlsing from the sole negligence or sole willful conduct of Che
City,its officers,or employees known to,but not objected to,by the Applicant.Applicant's indemnification shall include
any and all costs,expenses,attorney's fees and Ilab1lity incurred by the City, its officers,agents,or employees in
defending against such claims,whether the same proceed to judgement or not,Further,Applicant,.at its own expense,
shall,upon written request by the City,defend any such suit or action brought against the City,its officers,agents,or
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
Form
7of9 276 Fourth Avenue Chula Vista t3$.,�.,rnia ! 91910 1 (619)691,5-101 �V7,la
1 D e V e l a p m e n t S e r v i c e s D e p a r t m e n t
� —t— Planning Division I Development Processing
ary or
CHULAVIAA APPLICATION APPENDIX C
F
Development Permit Processing Agreement
Applicant, At its sole discretion,the City may participate at its own expense in the defense of any such action, but serch
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Clalms Requirements and Procedures,
No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been
presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1,34 of the Chula Vista Municipal Code,as same may from time to time be amended,the
provisions of which are incorporated by this reference as if fully set forth herein,and such policies and procedures used
by the City in the implementation of same,llpon request by City,Consultant shall meet and confer In good faith with City
for the purpose of resolving any dispute over the terms of this Agreement,
Now therefore,the parties hereto,having read and understood the terms and conditions of this agreement,do
hereby express their consent to the terms hereof by setting their hand hereto on the elate set forth adjacent thereto,
Dated: By:
(Staff) ,
City of Chula Vista {
276 Fourth Avenue
Chula Vista,CA 91 1
1
Dated: i0o1a
By:
(Applicant)
Eric Naslund I
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1
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Farm
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39—276 Fourth Avenue I Chula Vista 1 ,[U,nia 91910 1619) 691.5101 sz4
I � � �or.0
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ITEM 2
ATTACHMENT 4
(REPORTS AND PLANS)
INCLUDED ON FLASH DRIVE
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