HomeMy WebLinkAboutItem 3 - Attachment 2 RESOLUTION NO. DR19-0018
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR19-0018
TO CONSTRUCT 480 APARTMENTS FOR RENT, 16,010 SQ. FT. OF
RETAIL SPACE, AN ON-SITE LEASING OFFICE, AND 862 TOTAL
PARKING SPACES ON 12.08 ACRES WITHIN THE MILLENIA
MASTER PLANNED COMMUNITY
WHEREAS, on July 10, 2019, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by Ryan Companies
US, Inc. (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to construct
480 apartments for rent, 16,010 square feet of commercial space (11,950 commercial shell, 1,600
exterior open seating and 2,460 live/work), an on-site leasing office, and 862 total parking spaces
on 12.08 acres within the Millenia Master Planned Community (Project); and
WHEREAS, the area of land which is the subject of this Resolution are two existing
parcels located in Millenia Sectional Planning Area Lots 8, 9, 14 and 15 ("EUC SPA" or"SPA")
of the Main Street District 6 (Project Site); and
WHEREAS, the Director of Development Services has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the project was adequately covered in previously adopted Final Second Tier Environmental
Impact Report, EIR-07-01 and subsequent Addendum (IS-13-001), and no further environmental
review or documentation is required; and
WHEREAS, the Director of Development Services set the time and place for a hearing
on the Design Review Permit application, and notice of the hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at least
10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
1. That the proposed project is consistent with the development regulations of the Eastern
Urban Center Sectional Planning Area Plan and Planned Community (PC) District
Regulations.
The proposed mixed-use project use is permitted and meets all the development regulations
as stipulated in the EUC PC District Regulations as conditioned.
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The Applicant has applied for the following deviations/exceptions which are allowable in the
EUC SPA:
• Parking Stalls: The City of Chula Vista Municipal Code mandates a maximum
compact stall count of 10% of the overall stall count. The project proposes a total of
862 parking stalls, which exceeds the SPA 1.65 stalls-per-unit parking requirement
(792 parking spaces) by 70. The project has proposed to provide 112 spaces as
compact (70 spaces above the required stall count plus 42 of the required stalls),
resulting in 5% of the required stall count being compact. The necessity for this
additional parking efficiency is a result of the addition of the 4-story elements along
Metro Avenue, and to provide parking availability for the commercial spaces. The
commercial spaces in this development do not have a required parking ratio, and any
parking provided for commercial use on the Metro Avenue area is voluntary per the
Millenia Parking Management Plan, page 6.
• Refuse / Recycling Pick Up: Due to the number of units within this project the
design team looked at options to maintain trash pickup at two times per week, as
follows:
o Additional bins would require the loss of parking and useable open space.
0 60-yard roll-off compactor was considered but ownership determined this
option would cheapen the project, and not be an effective solution
operationally.
Due to these issues, the project will provide three pick-ups per week.
• Commercial Depth: The "interim use" commercial shell space has been designed to
a depth of 34'-6" as opposed to the 40' depth defined in the SPA, Section 02.04.003
d.7. The developer has done so to allow the back wall of the commercial to stack
structurally with the residential corridor walls above. These walls are an integral part
of the gravity and lateral system of the building, and an offset is not financially
feasible. To accommodate this design, a deviation of Section 02.04.003 d.7 was
requested by the Applicant and granted by the Development Services Director on
May 7, 2019 to reduce the required commercial space minimum depth from 40 to
34'-6". Under Section 02.04.003.d the City may approve "exceptions to the criteria
below for a proposal which advances unique solutions, such as the use of liner retail
space, which can provide the desired activation and pedestrian experience with less or
alternatively configured physical space."
• Density Transfer: In accordance with Section 04.05.004 of the EUC SPA Plan, the
Development Services Director approved a density transfer between Districts on
January 9, 2020 that resulted in no net changes to the overall approved number of
residential units and therefore the project is in compliance with the approved EUC
SPA Plan.
• Setback on Metro: While the required setback on Metro is 0' max., the project is
proposing a setback of 0' to 5' to allow the provision of building articulation as is
required in the SPA. This deviation was discussed with City staff on May 7th, 2019
and is allowed under Section 03.11.003.d.iii and vi.
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January 22, 2020
2. The proposed project is consistent with the design and development standards of the
EUC SPA Design Plan.
The project is in compliance with the Main Street District 6 Design Guidelines of the EUC
SPA Design Plan and is consistent with the SPA density requirements. Section 02.04.003 in
the SPA requires the Main Street District be built to provide ground floor commercial space
that activates the street level and provides a pedestrian experience. This project has been
designed to meet the criteria identified in Section 02.04.003.d of the SPA by providing
spaces built to commercial standards. The project has also met the architectural and
landscape standards for the District by providing pedestrian-scaled design elements and
created social gathering spaces along the street frontage.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON
THE FINDINGS ABOVE, hereby approves the Design Review Permit subject to the following
conditions:
L 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 site shall be developed and maintained in accordance with the approved plans, which
include Site Plans, Floor Plan, and Elevation Plan on file in the Planning Division, the
conditions contained herein, and 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 DDA0483.
3. The colors and materials specified on the Building Plans must be consistent with the
colors and materials shown on the Site Plan and materials board approved by the
Planning Commission.
4. A graffiti resistant treatment shall be specified for all ground floor wall and building
surfaces to a minimum of 10 feet above finished grade. This shall be noted for any
building and wall plans and shall be reviewed and approved by the Development Services
Director prior to the issuance of building permits. Additionally, the project shall conform
to Chapter 9.20 of the Chula Vista Municipal Code (CVMC)regarding graffiti control.
5. Other than what is shown on the approved Design Review Permit plans, all reasonable
attempts must be made to ensure ground mounted utility appurtenances such as
transformers, AC condensers, backflow preventers, 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 to the satisfaction of the Development Services
Director.
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January 22, 2020
6. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the Architectural Plans.
7. All applicable mitigation measures of the certified Final Second Tier Environmental
Impact Report, EIR-07-01 shall be met.
Land Development Division, Engineering Section
8. The Applicant shall comply with all requirements and guidelines of the CVMC; the
Chula Vista Subdivision Manual; City of Chula Vista Design and Construction
Standards; the Development Storm Water Manual for Development & Redevelopment
Projects; and City of Chula Vista Grading Ordinance No. 1797.
9. Prior to the issuance of the first Building Permit, the Applicant shall construct or secure
to the satisfaction of the City Engineer the street improvements along the frontage of the
property for Stylus Street, Orion Avenue, Optima Street, Metro Avenue, and Montage
Avenue.
10. Prior to issuance of Grading, Construction, and Building Permits the Applicant shall
document on applicable plans compliance with the requirements pertaining to Best
Management Practices (BMPs). The Applicant shall develop and implement post
construction Best Management Practices (BMPs) in accordance with the most recent
regulations at the time of Grading and Building Permit issuance.
11. Prior to the approval of the Grading Plans, the Applicant shall execute a Storm Water
Facilities Maintenance Agreement with Grant of Access and Covenants with the City for
the proposed BMPs for the site.
12. Before the issuance of the first Building Permit, the Applicant shall pay the following
Engineering Fees (fees are adjusted on October 1st of every year):
a. Sewer Capacity Fee
b. Traffic Signal Fee
c. Sewer Basin DIF
d. EUC Pedestrian Bridge DIF
e. Other Engineering Fees and deposits in accordance with the City Subdivision
Manual, and Master Fee Schedule will be required for the submittal of Grading
Plans, Improvement Plans, and/or Private Site Development Plans.
13. On-site drainage and sewer systems shall be private.
14. Before the issuance of the first Building Permit, the Applicant shall obtain pad
certification from the City Engineer, or designee.
15. Prior to the issuance of the first Building Permit for the project, the Applicant shall
provide to the City verification of water service from Otay Water District.
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16. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
17. The Applicant shall obtain a Construction Permit to perform the following work in the
City's right-of-way, prior to Engineering's release of any Building Permit. Please be
aware that merchant builder is responsible for street improvements along their property,
starting from behind the curb to their property.
18. The Applicant shall process a Construction Change to backbone public improvements
that include revisions to the location of the proposed driveways for the project and
relocation of street trees. The final engineering for the design of the driveways shall
include sight visibility analysis to determine if any street furniture or parking stalls will
need to be removed. If any parking stalls are removed, they shall be replaced in kind.
Fire Department
The project has been reviewed and is approved conceptually. The following remaining
comments are general requirements that shall be addressed at the time of Building Permit
submittal.
19. Fire apparatus access roads shall be marked as Fire Lanes in accordance with Chula Vista
Fire Department(CVFD) standards.
20. Fire apparatus access road obstruction: Automatic gates shall be provided with both an
Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to
operate the gate upon the loss of power.
21. Illuminated Directories shall be provided at all entrances to multi-family complexes in
accordance with CVFD guidelines.
22. Buildings shall be provided with Knox Box/Vault appliances at the following locations:
a. Provide a Knox Vault at all Fire Control Rooms
b. Provide a Knox Box at common entrances to apartments that are obstructed by
locking gates/doors.
c. Provide a Knox Box at main entrance to retail commercial building.
23. The building(s) shall be addressed in accordance with the following criteria:
a. 0— 50ft from the building to the face of the curb = 6-inches in height with a f-
inch stroke
b. 51 — 150ft from the building to the face of the curb = 10-inches in height with a 1
'/2 -inch stroke
c. 151ft from the building to the face of the curb = 16-inches in height with a 2-inch
stroke
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January 22, 2020
24. Grades for any access roadway shall be restricted to the following:
a. Asphalt< 11%
b. Concrete =/> 11%
25. This project is to be protected throughout by an approved automatic fire sprinkler system.
(NFPA 13R System).
26. A Fire Control Room shall be provided for all fire sprinkler system risers in accordance
with CVFD standards.
27. This project is to be protected throughout by an approved fire alarm system (fire now
monitoring)
Building Division
28. This project shall 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..
29. This project must be designed by an Architect or Engineer licensed by the State of California.
[California Business and Professional Code 5536.1, 6735].
30. The Applicant shall provide a Building Code Data Legend on the title (first) sheet of the
plans. Include the following code information for each building or space proposed:
a. Occupancy Group classification, CBC Ch. 3.
b. Type of Construction, CBC Ch. 6.
c. Type of Fire Sprinklers. (Full 13, 13R, 13D, not sprink) CBC Ch 9.
d. Proposed and allowable Floor area, CBC Table 503.
e. Proposed and allowable Number of Stories.
f. Proposed and allowable Building Height CBC 502.1.
g. Provide calculation for Area and height increases.
h. Mixed use Area Calculation for multiple occupancies, occupancy separation.
31. Site development, site lighting, perimeter masonry walls, retaining walls, trash
enclosures, site tower, patios, monument and other signage and grading may require a
separate permit.
32. On the Site Plan, the Applicant shall dimension distances from buildings to all property
lines, street centerlines, and adjacent existing or proposed structures on the site. Two or
more buildings on the same lot shall be regulated as separate building or shall be
considered as one building. [503.1.2]
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January 22, 2020
33. Exterior walls shall have a fire-resistance rating per CBC T-601 & T-602.
Exterior wall openings are limited and shall have fire protection rating per CBC
Ch. 7.
Landscape Division
34. Prior to the approval of Landscape Improvement Plans, Grading Plans shall
match landscape construction plans.
35. Prior to issuance of the first Building Permit for the project, the Applicant shall
obtain approval of the required Landscape Improvement Plans in accordance
with the Chula Vista Landscape Water Conservation Ordinance, CVMC,
Chapter 20.12 and the Landscape Manual. In the event that the Landscape
Improvement Plans are not ready to approve by the first Building Permit but
they have been submitted and received one review by the City, City staff shall
request in writing to the permit technician that the Building Permit be issued
and the Landscape Improvement Plans completed prior to the first certificate of
occupancy.
II. The following on-going conditions shall apply to the Project Site as long as it relies
on this approval:
1. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved Landscape Plan.
2. Approval of the Design Review Permit shall not waive compliance with any sections of
Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at
the time of Building Permit issuance.
3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney's fees (collectively,
liabilities)incurred by the City arising, directly or indirectly, from (a) City's approval and
issuance of this Design Review Permit; (b) the 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 made on the
project. The Property Owner and Applicant shall acknowledge their agreement to this
provision by executing a copy of this Design Review Permit where indicated below. The
Property Owner's and Applicant's compliance with this provision shall be binding on any
and all of the Property Owner's and Applicant's successors and assigns.
4. This Design Review Permit shall become void and ineffective if not utilized within three
years from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code.
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January 22, 2020
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
Signature of Property Owner Date
Signature of Applicant Date
Signature of Applicant Date
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify
all approvals herein granted, deny, or further condition issuance of all future building
permits, deny, revoke, or further condition all certificates of occupancy issued under the
authority of approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. Failure to satisfy the
conditions of this permit may also result in the imposition of civil or criminal penalties.
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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.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this day of 2020, by the following vote,
to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gabe Gutierrez, Chair
ATTEST:
Patricia Salvacion, Secretary
Presented by: Approved as to form by:
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney