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HomeMy WebLinkAboutItem 3 - Attachment 2 - Resolution DR19-0004 RESOLUTION NO. DR19-0004 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR19-0004 TO CONSTRUCT A 52,000 SQUARE-FOOT ONE-STORY COMMERCIAL/INDUSTRIAL BUILDING ON A 3.28-ACRE SITE IDENTIFIED AS LOT 7 WITHIN THE OTAY RIVER BUSINESS PARK SPECIFIC PLAN WHEREAS, on February 12, 2019, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Otay River Business Park Development LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of one single-story building totaling 52,000 square-feet for commercial/industrial use, on approximately 2.79 acres located within the Otay River Business Park Specific Plan Area (Project); and WHEREAS, the area of land that is the subject of this Resolution is an existing site th consisting of one parcel (APN 629-030-05) located on the south side of Main Street, between 4 th and 7 Avenues to the east and west, and Faivre Street to the south (Project Site); and 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 previous Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program IS15-0005/MPA15-0022, adopted by the Chula Vista City Council on March 6, 2018. No further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; 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 (DR19- 0004); NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby find and determine as follows: PC Resolution DR19-0004 Page 2 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 previous Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS15-0005/MPA15-0022, adopted by the Chula Vista City Council on March 6, 2018, 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 PA2 and is permitted for commercial/industrial use. The Project is in compliance with the Otay River Business Park 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 single story 52,000 square-foot concrete industrial building with loading docks in the rear. The Project provides open parking spaces and landscaped areas in conjunction with the building design. 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 Otay River Business Park Specific Plan and Chula Vista Design Guidelines. The Project meets the zone requirements. 2. That the proposed Project is consistent with the design requirements and recommendations contained in the Otay River Business Park Specific Plan and development standards of the Chula Vista Design Guidelines. The project proposes a modern architectural design to bring a new sense of style to the area. The building will be neutral in color but provide high contrast in the finishes selected for aesthetics. The building will consist of tilt up concrete structures which shall be painted. All materials used in these buildings will be high quality, durable and require low maintenance. Both the building’s design and landscape have been carefully coordinated to provide a cohesive design and provide a sense of pedestrian scale at the ground level of the buildings. Variations in roof heights and forms will provide interest in character and various shadows. Wall planes have been staggered to help draw attention to entries and architectural features. Each building entry was designed to be an inviting space with low overhangs and colorful features for visual cues. Because of the modern design colorful ‘pop outs’ with concrete reveals help emphasize entry areas as well. In order to screen much of the loading/truck dock areas from the south end, screen walls with lush landscape have been added. The landscape architect has located numerous shrubs and trees to soften the screen walls and continue the look of the nearby trails. PC Resolution DR19-0004 Page 3 The overall design, form and scale of the building fit within the guidelines of the Otay River Business Park Specific Plan (ORBPSP) and Chula Vista Design Guidelines and is complimentary to the commercial and industrial 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 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 DDA0406. 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. 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 issuance of Grading and Building Permits, the Applicant shall demonstrate compliance with all of the Otay River Business Park Specific Plan Mitigation Monitoring Reporting Program (MMRP) mitigation measures in accordance with IS15-0005/MPA15-0022. PC Resolution DR19-0004 Page 4 10. Prior to the approval of the first Building Permit, and pursuant to Chapter 5 of the Otay River Business Park Specific Plan, a comprehensive sign program for the Otay River Business Park shall be submitted to and receive approval by the Zoning Administrator. 11. Prior to approval of any individual tenant improvement plans, an acoustical study for the Project must be submitted for review and approval by the Zoning Administrator. Land Development Division/Landscape Architecture Division A. GENERAL COMMENTS AND FEES: 12. The following fees and other additional fees if applicable will be required based on the Final Building Plans submitted. Please see reference to fee schedule at: https://www.chulavistaca.gov/departments/finance/master-fee-schedule a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Western Transportation Development Impact Fees (WTDIF) e. Otay Valley Road Fee Recovery District Fees f. Other Engineering Fees as applicable per referenced Master Fee Schedule. 13. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule may be required for the submittal of the following items: a. Construction Permit b. Encroachment Permit 14. Prior to the approval of any Planning Entitlement, the owner/applicant shall submit duplicate copies of all commercial, industrial or multifamily Projects in digital format, such as (DXF) graphic file, on a CD or through e-mail based on California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City’s Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed sewer or storm drain on site. B. ACCESS & SITE PLAN COMMENTS: 15. All driveways shall conform to the City of Chula Vista’s sight distance requirements in accordance with Section 12.12.120 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of any driver at the street intersections or driveways. 16. Proposed Fire Access Road shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 17. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in the public right of way, City easements or City owned Open Space Lots will require an Encroachment Permit. PC Resolution DR19-0004 Page 5 C. SEWER: 18. The Applicant shall demonstrate compliance with the current California Plumbing Code, minimum sewer grade (2%) from the farthest unit on the site to the sewer main within the Project. D. STORM WATER MANAGEMENT: 19. All construction sites are required to implement Construction Best Management Practices (BMPs) in accordance with the performance standards outlined in Appendix K of the BMP Design Manual. In general: a. For projects disturbing one (1) acre or more requires coverage under and compliance with the Construction General Permit (CGP), the construction BMPs must be identified in a Storm Water Pollution Prevention Plan (SWPPP). b. For project that qualifies for an Erosivity Waiver under the CGP, a CSWPCP may be submitted in lieu of a SWPPP. However, if the Erosivity Waiver expires prior to project completion, the project applicant shall obtain a new Waste Discharge Identification number and submit a SWPPP. 20. A complete and accurate Notice-of-Intent (NOI) must be filed with the San Diego Regional Water Quality Control Board (SRWQCB) for any project covered under the CGP. A copy of the acknowledgement from the SWRCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received. 21. Projects shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Dischargers Associate with Industrial Activities (IGP) Order 2014-0057-DWQ. E. PRIVATE ONSITE IMPROVEMENTS: 22. 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. F. CC&R’S multiple units): 23. The Applicant shall obtain approval of the Covenants, Conditions & Restrictions (CC&Rs) prior to approval of the Final Parcel Map. Said CC&R’s shall include the following: a. Indemnification of City for private sewer spillage. b. Listing of maintained private facilities. c. The City’s right but not the obligation to enforce CC&R’s d. Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage obligee have signed a written petition. PC Resolution DR19-0004 Page 6 e. Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures and landscaping. f. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. 24. Said CC&R’s shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the Final Parcel Map. G. CHULA VISTA MUNICIPAL CODE REQUIREMENTS: 25. Any private facilities (if applicable) within the public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 26. 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 Municipal Code. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. 27. Upon approval of the Design Review and prior to approval and issuance of any Building Permit, the Applicant shall submit three (3) sets of 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. The title sheet of the construction drawings shall also include the signed statement from the landscape architect of work as noted above. “I am familiar with and agree to comply with the requirements of the landscape improvement plans as described in Chapter 20.12 of the City of Chula Vista Municipal Code. I have prepared these plans in compliance with those regulations. I certify that the plan implements the regulations to provide efficient water use.” Landscape construction documents shall be submitted as a separate package. Building Division 28. This Project must be designed by an Architect or Engineer licensed by the State of California. \[California Business and Professional Code 5536.1, 6735\]. 29. 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, 2016 California Plumbing Code, 2016 California Mechanical Code, and 2016 California Green Standards Code as adopted and amended by the State of California and the City of Chula Vista. Fire Department PC Resolution DR19-0004 Page 7 30. Prior to final inspection, the Applicant shall obtain any all fire permits related to underground fire services utilities, fire sprinklers and fire alarms. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 31. 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. 32. 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. 33. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Design Review Permit, (b) City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site and (c) any environmental determinations for the Project. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner’s and Applicant’s compliance with this provision shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. 34. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90- day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. IV. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided PC Resolution DR19-0004 Page 8 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 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 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, 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: PC Resolution DR19-0004 Page 9 _________________________ _____________________ Kelly Broughton Glen R. Googins Development Services Director City Attorney PC Resolution DR19-0004 Page 10 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