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HomeMy WebLinkAboutItem 2 - Attachment 3 - Resolution DR RESOLUTION NO. DR 18-0011 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT DR18-0011 TO ALLOW FOR CONSTRUCTION OF NINE (9) COMMERCIAL/INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 89,073 SQUARE-FEET ON A VACANT PARCEL CONSISTING OF 5.72-ACRES LOCATED AT 2430 FENTON STREET WHEREAS, on June 14, 2018, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Eastlake Park Place, Inc. (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of nine commercial/industrial buildings totaling approximately 89,073 square-feet on approximately 5.72-acres, located at 2430 Fenton Street; and WHEREAS, the area of land that is the subject of this Resolution is an existing site consisting of one parcel (APN 595-711-20) located on the south side of Fenton Street, between Lane Avenue and Otay Lakes Road (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 by existing Mitigated Negative Declaration (IS-00-03) and Mitigation Monitoring and Reporting Program adopted by the Chula Vista City Council on October 28, 1999. 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 (DRI 8- 0011; NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby find and determine as follows: PC Resolution DR 19-0003 Page 2 L 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 by existing Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS00-03, adopted by the Chula Vista City Council on October 28, 1999, 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, Chula Vista Design Manual and Eastlake Business Center II Sectional Planning Area (SPA) Plan and Design Guidelines The Project Site is designated BC-4 and is permitted or conditionally permitted for commercial/industrial uses. The Project is in compliance with the Eastlake Business Center II Sectional Planning Area (SPA) Plan and 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 nine (9)industrial buildings. 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. The Project meets the zone requirements. 2. That the proposed Project is consistent with the design requirements and recommendations contained in the Eastlake Business Center II SPA Plan and development standards of the Chula Vista Design Guidelines. All buildings will be constructed in concrete tilt up (painted) which will include storefront systems with steel canopies at each building entrance to provide horizontal shadow lines. Each building will be provided with a strip of landscaping adjacent to the exterior walls. Overall, the architecture will have different horizontal and vertical planes to break wall continuity and scale. The southern edge of the Project has been designed to comply with the scenic highway requirement by facing the main entrances to the south edge of the property. This facade includes lighted canopies, storefront system corners and painted concrete tilt up. The landscape design will provide a row of trees to screen the buildings from the highway. Additionally, the southern boundary contains a naturally steep slope (approximately 25 feet) that will reduce the view from the highway below. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves the Project subject to the following conditions: PC Resolution DR 19-0003 Page 3 III. CONDITIONS OF APPROVAL 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 DDA023 5. 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 Eastlake Business Center 11 Mitigation Monitoring Reporting Program (MMRP) mitigation measures in accordance with IS-00-03. 10. In accordance with Section II.4.3.4 of the Design Guidelines for the Eastlake Business Center 11 Supplemental SPA, a comprehensive Sign Program for the Project shall be submitted to and receive approval by the Zoning Administrator. PC Resolution DR 19-0003 Page 4 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. 12. Any deviations from the conditionally permitted uses, or in their hours of operation, as outlined in the "Parking Study for Eastlake Park Place" prepared by Linscott, Law and Greenspan (LLG), dated July 2, 2019, shall necessitate the submittal of a revised parking analysis for review and approval prior to issuance of any additional tenant improvement plans,with said issuance of any additional tenant improvement plans being at the discretion of the Zoning Administrator which may be withheld. Land Development A. GENERAL COMMENTS AND FEES: 13. The following fees and other additional fees if applicable will be required based on the Final Building Plans submitted. Please see reference to the City's Master Fee Schedule at: https://www.chulavistaca. og v/departments/finance/master-fee-schedule a. Sewer Connection and Capacity Fees b. Traffic Signal Fees C. Public Facilities Development Impact Fees (PFDIF) d. Eastern Transportation Development Impact Fees (ETDIF) e. Other Engineering Fees as applicable per referenced Master Fee Schedule 14. 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. Final Map 15. 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. 16. The Applicant shall clearly show existing and proposed sanitary sewer lines and how the site will connect to the City's public sewage system. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. No sewer lines will be allowed to be located under existing or proposed buildings. The Applicant shall indicate whether sewer lines are private or public. The Public Works Operations Section shall inspect any existing sewer laterals and connections that are to be used by the Project. Laterals and connections may need replacement as a result of this inspection. PC Resolution DR 19-0003 Page 5 17. All proposed sidewalks, walkways,pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, American's with Disability Act (ADA) Standards, and Title 24 standards, as applicable. 18. Any private facilities (if applicable) within the public right-of-way or a City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 19. 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 Chula Vista Municipal Code. Furthermore, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. 20. The Applicant shall provide a circulation analysis demonstrating: a. Solid Waste Truck Movements throughout the Project Site b. How vehicles can turn around when pulling out of the proposed parking stalls B. ACCESS & SITE PLAN COMMENTS: 21. 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 drivers at the street intersections or driveways. 22. Proposed Fire Access Roads shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 23. Temporary improvements (such as fences, asphalt ramps, signs, etc.) located in the public right-of-way, City easement or City owner Open Space Lots will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. C. SEWER: 24. 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 Proj ect. D. STORM WATER MANAGEMENT: 25. The Project shall comply with all the requirements of the National Pollutant Discharge Elimination System permit (Municipal Separate Storm Sewer Systems Order No. R9-2013- 0001 and as amended by Order Nos R9-2015-0001 &R9-2015-0100 ("MS4 Permit")and City of Chula Vista BMP Design Manual, December 2015 and as amended (BMP Design Manual) for both construction and post-construction phases of the project. Prior to Planning approval, documentation shall be provided, to the satisfaction of the City Engineer, to demonstrate such compliance. A copy of the BMP Design Manual is available on the City of Chula Vista website PC Resolution DR 19-0003 Page 6 at: http://www.chulavistaca.gov/departments/public-works/services/storm-water-pollution- preventi on/documents-and-reports. 26. The Applicant is required to complete and submit the Storm Water Requirements Applicability Checklist (Intake Form) for All Permit Applications (see Appendix A.1 of the BMP Design Manual)with any Planning Application request. 27. 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. 28. 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 or Building Permits, whichever occurs first. 29. The Applicant shall submit a detailed Operation&Maintenance(O&M)plan for all permanent BMPs as required by the City to preserve the intended pollution control and/or flow control performance of the BMPs. Upon completion of construction of BMPs/Prcject, the Applicant shall update/finalize the O&M Plan to reflect constructed structural BMPs with as-built plans and baseline photos. 30. All construction sites are required to 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). 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 Applicant shall obtain a new Waste Discharge Identification number and submit a SWPPP. 31. A complete and accurate Notice-of-Intent (NOI) must be filed with the San Diego Regional Water Quality Control Board SDRWCB for any project covered under the CGP. A copy of the acknowledgement from the SDRWCB that a NOI has been received for this Project shall be filed with the City of Chula Vista when received. 32. 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. CC&R'S (multiple units): 33. The Applicant shall obtain approval of the Project Covenants, Conditions & Restrictions (CC&R's)prior to approval of the Final Map. Said CC&R's shall include the following: PC Resolution DR 19-0003 Page 7 a. Indemnification of City for private sewer spillage. b. Indemnification, Defense & Hold Harmless of City. c. Listing of maintained private facilities. d. The City's right but not the obligation to enforce CC&R's e. 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. f. Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures and landscaping. g. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. 34. Said CC&R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance and shall be recorded concurrently with the Final Map. Building Division 35. This Project must be designed by an Architect or Engineer licensed by the State of California. [California Business and Professional Code 5536.1, 6735]. 36. The Applicant shall provide a Note on the cover sheet indicating this Project will comply with the 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 37. Prior to final inspection, the Applicant shall obtain any all fire permits related to underground fire services utilities, fire sprinklers and fire alarms. IV. GENERAL CONDITIONS OF APPROVAL The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 38. 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. 39. Due to overhanging of automobiles into the landscape planter area adjacent to the East property line, all landscaping along this edge shall be a low spreading groundcover with maximum height of 6 inches. Said landscaping shall be maintained in a healthy and thriving conditions 40. 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. PC Resolution DR 19-0003 Page 8 41. 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. 42. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date hereof, in accordance with Section 19.14.600 of the Municipal Code. III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90- day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a)and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. IV. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution,this document shall be signed and returned to the City's Development Services Department. Signature of Property Owner Date Printed Name of Property Owner Date Signature of Applicant Date PC Resolution DR 19-0003 Page 9 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: Kelly Broughton Glen R. Googins Development Services Director City Attorney PC Resolution DR 19-0003 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