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HomeMy WebLinkAboutPC Packet MY CHULLA OF Planning commission ,�'J' REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA February 26, 2020 Council Chambers 6:00 p.m. Public Services Bldg A 276 Fourth Avenue CALL TO ORDER Chula Vista ROLL CALL: Commissioners Burroughs, De La Rosa, Milburn, Torres,Zaker, and Chair Gutierrez PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: 1. APPROVAL OF MINUTES December 11,2019 PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. 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 and submit it to the Secretary prior to the meeting. 2. PUBLIC HEARING DR19-0013 Design Review consideration approving a 63,702 square-foot self-storage facility on a 0.975-acre lot located at 575 Anita Street.The property is zoned Limited Industrial Precise Plan (ILP)with a General Plan Designation of Limited Industrial (IL). Resolution of the City of Chula Vista Planning Commission Approving Design Review Permit DR19-0013 for a 63,702 square-foot Self-Storage Facility on a 0.975-acre lot located at 575 Anita Street. Applicant: 167 Investments Project Manager: Oscar Romero,Associate Planner _ 1 _ Page 2 1 Planning Commission Agenda February. 26,2020_ Staff recommendation: That the Planning Commission adopt Resolution DR19-0013, approving the project based on the findings and subject to the conditions contained therein. That the Planning Commission conduct a public hearing and adopt the proposed resolution as follows: • Approve Resolution DR19-0013 approving the three-story self-storage facility consisting of 63,702 square-feet of self-storage space, comprised of(1)three-story building with storage. OTHER BUSINESS 3. DIRECTOR'S REPORT 4. COMMISSION COMMENTS ADJOURNMENT to the regular meeting on March 11, 2020 at 6:00 p.m. in the Council Chambers in Chula Vista, California. Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review in the Development Services Department,located at 276 Fourth Avenue,Building B,Chula Vista during normal business hours. In compliance with the AMERICANS WITH DISABILITIES 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 Salvacion at(619)476-5391(California Relay Service is available for the hearing impaired by dialing 711)at least forty-eight hours in advance of the meeting. - 2 - My OF CHOLA VISTA 11"I'le'll" Planning Commission MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA December 11, 2019 Council Chambers 6:00 p.m. Public Services Bldg A 276 Fourth Avenue CALL TO ORDER Chula Vista ROLL CALL: Commissioners Burroughs, Milburn, Nava,Torres,Zaker, and Chair Gutierrez''' ABSENT: De La Rosa ALSO PRESENT: Kelly Broughton, Development Services Director, Mike Shirey, Deputy City Attorney, Stan Donn,Senior Planner PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. The following individuals expressed their concerns and spoke in opposition of Eastlake Behavioral Health Hospital -John Moot, Chula Vista resident -John Teagen, Chula Vista resident -Catherine Zordel, Chula Vista resident -Diana Alvarez, Chula Vista resident 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 and submit it to the Secretary prior to the meeting. —3 — Page 2 i Planning Commission Agenda December 11,2019 1. PUBLIC NEARING Commissioner Zaker recused himself(dale to having property in the area) at 6:17p.in. DR17-0023 Design Review and Tentative Subdivision Map consideration of a nine (9) small lot single-family subdivision with associated open space and shared private driveway on approximately 0.21 acres site.The site is located in the East Village (V-1) zone with a General Plan Land Use of Mixed-Use Residential. Applicant: Amelia LLC Project Manager: Caroline Young,Associate Planner A. Resolution of the City of Chula Vista Planning Commission approving a Design Review Permit, DR17-0023 to construct a nine (9) small lot single-family subdivision with associated open space and shared private driveway on approximately 0.21-acres located at the corner of Church Avenue and Madrona Street. PCS18-0004 Consideration of a Tentative Subdivision Map to subdivide a 0.21-acre site into a nine (9) small lot single-family subdivision for individual ownership located at the corner of Church Avenue and Madrona Street. Applicant: Amelia LLC Project Manager: Caroline Young,Associate Planner B. Resolution of the City of Chula Vista Planning Commission approving a Tentative Subdivision Map PCS18-0004 to subdivide a 0.21-acres site into a nine (9) small lot single-family subdivision for individual ownership located at the corner of Church Avenue and Madrona Street. Ms. Young presented a proposed site map for this project with supporting photographs, lot lines, and building details. Ms.Young explained that she received an e-mail from one neighbor concerning parking availability for nearby businesses and how a nine single-family subdivision will fit in 0.21 acres. Ms.Young mentioned that she discussed each concern with the resident. Ms. Young distributed a material board to the commissioners. Staff Recommendation: That the Planning Commission adopt Resolution DR17-0023 and Resolution PCS18-0004 approving the project, based on the findings and subject to the conditions contained therein. That the Planning Commission conduct a public hearing and adopt the proposed resolutions as follows: Approve Resolutions DR17-0023 and Resolution PCS18-0004 approving the Tentative Map to subdivide a 0.21-acre site into nine small lot single-family subdivision located at the corner of Church Avenue and Madrona Street. — 4— Page 3 1 Planning Commission Agenda December 11, 2019 QUESTIONS/CONCERNS TO STAFF • How common are architectural vertical stacking devices (lifts) in Chula Vista? Mr. Broughton mentioned they are not very common in the city but are becoming more common as they become affordable. • What is the potential to spur additional development in the area? Mr. Donn explained that the project may spur other types of similar urban housing concepts in the area. • The Commission asked for clarification on the four additional off-site parking spaces. Mr. Broughton responded that there is available off-site parking during the day and after 6 p.m. • The Commission asked if there will be a governing"entity (homeowners association) and what they will be responsible for. The applicant, Jim Brown, responded that there will not be a homeowners association but there will be a maintenance group which will be formed by the property owners. • How will the use be monitored by the city? Mr. Broughton explained that only uses that are permitted in the Urban Core Specific Plan will be allowed. PUBLIC HEARING OPENED The applicant, Mr. Brown, expressed that he is looking forward to his project helping to rejuvenate Third Avenue. PUBLIC HEARING CLOSED COMMISSION DELIBERATIONS Some of the comments/concerns of the Commission were: • The Commission suggested that the developer create By-laws to limit the traffic that may be generated by the commercial/retail space of the units. • The on-going landscaping/maintenance of the project - Mr. Broughton mentioned that Condition##36 (page 32 of packet) states the obligations of the maintenance of the project. Chair Gutierrez made a motion to approve project DR17-0023, Commissioner Milburn seconded the motion and it carried by the following vote: Yes-4 -Burroughs, Gutierrez, Milburn, Nava No-1 - Torres Abstain -Zaker Chair Gutierrez made a motion to approve resolution PCS18-0004, Commissioner Nava seconded the motion and it carried by the following vote: Yes-4 -Burroughs, Gutierrez, Milburn, Nava No- 1- Torres — 5 — Page 4 1 Planning Commission Agenda December 11,2019 Abstain -Zaker Commissioner Zaker returned at 7:02 p.m. OTHER BUSINESS 2. DIRECTOR'S REPORT- None 3. COMMISSION COMMENTS Commission Torres gave an update on the Growth Management Oversight Commission and the consideration of adding economic development as one of the topics to be considered in the annual report next year. Commissioner Burroughs gave an update on the Bayfront Cultural and Design Committee and mentioned that another meeting will be held in January. ADJOURNMENT at 7:10 p.m. to the regular meeting on January 8, 2020 at 6:00 p.m. in the Council Chambers in Chula Vista, California. — 6— CHULA VISTA a Eli k PLANNING e �, COMMISSION x ,a AGENDA STAT �_ rr Item: 2 Meeting Date: 2/26/20 ITEM TITLE: Public Hearing: Consideration of Design Review (DR19- 0013) Approving a 63,702 square-foot Self-Storage Facility on a 0.975- acre lot located at 575 Anita Street. The property is zoned Limited Industrial Precise Plan (ILP) with a General Plan Designation of Limited Industrial (IL). Resolution of the City of Chula Vista Planning Commission Approving Design Review Permit DR19-0013 for a 63,702 square-foot Self-Storage Facility on a 0.975-acne lot located at 575 Anita Street, Applicant: 167 Investments. SUBMITTED BY: Oscar Romero, Associate Planner ISE VIEWED BY: Kelly Broughton, Director of Development Services INTRODUCTION In. accordance with the Chula Vista Municipal Code (CVMC), 167 Investments (Applicant) has submitted a Design Review application for approval of the A-Storage Place Self-Storage facility at 575 Anita Street located west of the intersection of Broadway and Anita Street (the "Chula Vista Self-Storage Project" or"Project") that includes the following: • Architectural Plans • Civil Engineering Plans • Landscape Plans • A Site Plan showing the design of the Project, which includes the orientation of the building, parking lot and drive aisle locations, as well as vehicular and pedestrian circulation and access. PROJECT DESCRIPTION The Project, is a three-story self-storage facility consisting of 63,702 square-feet of self-storage space, comprised of(1) three-story building with storage available at the ground floor and the - 7 - Planning Commission DR1.9-0013 February 26,2020 Page-2- interior as well. Included within the building is an office space consisting of 804 square-feet of administrative use for leasing and management. The primary entrance is located on the south side of Anita Street. A secondary Fire Department exit/access gate is provided within the interior parking lot between parking stall 4 and 5. The site will provide a combination of fences to include wrought iron and retaining walls with a maximum height of 8-feet for wrought iron along the north of the property and retaining walls along the east side of the parcel. The northern side fronting Anita Street will provide a new wrought iron fence and continue along the east side and continue with the existing chain-link fencing along the southern end of the site. The drive-up storage areas on the first floor of the building fronting on Anita Street will be available for off-street parking access from the parking stalls to their storage unit. All other storage units will be accessed through a secured lobby, using a key code. There will be 14 parking spaces on site in accordance with the Trip Generation .Analysis and Parking Demand study. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a categorical exemption pursuant to Section 15332 (In-Fill Development) of the State CEQA Guidelines. Thus,no further environmental review is required. RECOMMENDATION That the Plarming Commission adopt Resolution DR19-0013, approving the Project, based on the findings and subject to the conditions contained therein. DISCUSSION Project Site Characteristics The Project is located at 575 Anita Street. The 0.975-acre site is located west of the intersection of Broadway and Anita Street. The parcel is a vacant lot with no existing buildings on-site. The following table identifies the General Plan, Land Use Designation and Existing Land Use for the project site and adjacent properties: General Plan, Zoning Land Use Designations and Existing Land Uses General Plan Zoning Designation Existing Land Use Project Industrial Limited IndustrialVacant Site Precise Plan(IP) Residential-High& Commercial Commercial North Commercial Retail Thoroughfare Precise Shopping Center Plan and R-3 and Multi-family —8 — Planning Commission DR19-0013 February 26,2020 Page-3- South Limited Industrial Limited Industrial Industrial Precise Plan(IP) Building East Commercial Retail Commercial Commercial Thoroughfare (CTP) Shopping Center West Limited Industrial Limited Industrial Self-Storage Precise Plan PROJECT ANALYSIS Land Use Compatibility The proposal for a self-storage facility in the Limited Industrial Precise Plan (ILP) zone is permitted by right by the CVMC. The self-storage facility is an appropriate land use at the proposed location and is compatible with the surrounding development. The Project is in proximity to industrial uses and will provide a service that meets the needs of the community by providing additional capacity for self-storage. The buildings will be designed with features that complement the architecture of the surrounding area. Industrial Development Standards Required for pr9ject Proposed for project Zone: ILP Storage uses are Permitted uses in an IL zone Lot Size: 0.975 acres or 42,488 square-feet as stated in CVMC 19.44.020. Height (CVMC 19.44.070): 45-feet Building: 40-feet at maximum height (3 stories max) Setbacks (CVMC 19.44.080): Front Yard 20-feet Front Yard 20-feet Side Yard(Interior) 0-feet Side Yard(Int.) 0-feet Side Yard(Exterior) 15-feet Side Yard(Ext.) 15-feet Rear Yard 0-feet Rear Yard 0-feet Maximum Lot Coverage: 50% Lot Coverage: 50% Maximum FAR: N/A FAR: N/A Parking(CVMC 19.62.050): - v *Per Parking Analysis dated August 26, 2019 by Storage Jordan Architects, Inc. (63,702 sf total self-storage area) 1 space per 1,000 sq. ft. 64 Office Component: 63,700 s.f. x.22 spaces/1000 s.f.= 14 l space per 300 sq. ft. (804 sf total) 3 63,702 sf per .14 spaces/1000 sf 9 Total parking spaces required 12 Total parking spaces provided= 14 — 9 — Planning Commission DR 19-0013 Febniary 26,2020 Page-4- *The parking requirements noted apply to storage facilities in general and present the closest nominal standards in policy regulations to what is being proposed. However, as has been used with other self-storage facilities in the past, a provision contained within the Chula Vista Municipal Code Off-Street Parking Regulations(CVMC 19.62.050)indicates that for those uses not specifically mentioned in the Municipal Code,the approving authority may apply a ratio based on a similar existing use. Site Plan Elements The Project Site Plan provides details on parking, circulation, landscape, trash and recycling (on the north side of the parcel), as well as pedestrian access from Anita Street. Connections to the site are also illustrated on the Site Plan and show the path for vehicular movement throughout the property. The design elements are fiirther described below. Building Siting The Project serves a need in Chula Vista and in the surrounding community and provides convenient public access and visitor parking. The Project is a positive asset for the community and incorporates a modern and streamlined design consistent with the Chula Vista Design Guidelines for industrial development. The Project enhances the character of the adjoining developments, while at the same time providing consistency with the CVMC development standards. Parking,Access and Circulation ® The main elements of sound industrial site design include: controlled site access; service areas located at the sides and rear of buildings; convenient access, visitor parking and on-site circulation; screening of outdoor storage, work areas and equipment; emphasis on the main building entry and landscaping, and; landscaping and open space. m Locate structures and on-site circulation systems to minimize pedestrian/vehicle conflicts. Link structures to the public sidewalk where possible with walkways, textured paving, landscaping, and trellises. ® The parking lot and vehicles should not be the dominant visual elements of the site. Large expansive paved areas located between the street and the building are to be avoided in favor of smaller multiple lots separated by landscaping and buildings. Introduce decorative paving and canopy trees to add visual interest. The City of Chula Vista Off-Street Parking Regulations do not include specific parking requirements for a self-storage use; therefore, the Applicant has submitted a Parking Analysis, prepared by Jordan Architects, Inc., demonstrating that the proposed 14 parking spaces are appropriate given parking requirements in other local jurisdictions. As part of CVMC Section 19.62.050, if the use of which is not specifically mentioned herein, or in the opinion of the approving authority is not similar to any use found herein, the approving authority may apply a ratio based on a similar existing use found herein. Additionally, three other Self-Storage projects were recently approved by the City of Chula Vista (one in the Eastlake Business Park and the other in Otay Ranch Village 3 as well as the last self-storage on Industrial Boulevard) and — 10 — Planning Commission DR19-0013 February 26,2020 Page-5- applied less restrictive parking provisions than the current Project. Based on the parking assessment provided on August 26, 2019, parking spaces are exceeding the requirement expected for the proposed Project and will accommodate the parking demand. Site access and internal circulation promote safety, efficiency and convenience. The primary driveway is located on the south side of Anita Street and west of the intersection of Broadway and Anita Street. Parking is provided on the northern side of the parcel with enhanced landscaping along Anita Street and the exterior side yard of Silvas Street. Building Design • 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 relief from monotonous, uninterrupted expanses of wall. Large, unrelieved expanses of wall can also encourage graffiti (CVMC 9.20.055). • There is no particular architectural "style"proposedfor industrial structures. High quality, innovative and imaginative architecture is encouraged. The focus is expected to be on the development of a high-quality industrial environment. The architecture should consider compatibility with surrounding character, including harmonious building style, form, size, color, material and roof ine. In developed areas, new projects should meet or exceed the standards of quality which have been set by surrounding development. As indicated above, setbacks for the buildings meet or exceed the requirements in the CVMC Development Standards. Appropriate setbacks and proper screening help protect nearby uses from noise, light intrusion, truck traffic and other objectionable influences incidental to self- storage uses. Parking fronts along Anita Street with a newly designed sidewalk and parkway with trees screening the interior parking. The office portion of the building is accessible to any member from the public, while the storage facilities are gated off and entry is granted with an access code. There is no maximum floor area ratio but there is a 50% maximum lot coverage for which the Project is meeting in accordance with the CVMC Development Standards. The lot coverage is 21,234 square-feet (50%) and the height of the building is 40-feet. There is no particular architectural style required for industrial structures. However, high quality, innovative and imaginative architecture is encouraged. The Project proposes a streamlined, modern industrial design, incorporating a combination of split face Concrete Masonry Unit (CMU) block with architectural metal panel elements, such as ribbed metal panels. Colors and materials are earth toned with brown Split Face blocks and green metal panels. Wall planes are staggered to create visual relief, and the roof lines are heightened at various points throughout the building to create visual interest. All wall surfaces visible to the public are architecturally enhanced and the buildings have offsets and architectural details, consistent with the Chula Vista Design Manual. _ 11 _ Plainiing Commission DR19-0013 February 26,2020 Page -6- Landscape e For industrial lases, landscaping should be used to define areas by helping to focus on entrances to buildings, parking lots, loading areas, defining the edges of various land- uses, providing transition between neighboring properties (buffering) and providing screening for parking, outdoor storage, loading, and equipment areas. The landscape design features drought tolerant shrubs and screening trees that complement the landscaping along the edges of the project site. The Landscape Plans comply with the City's Shade Tree Policy 576-19 and the City's Landscape Water Conservation Ordinance (CVMC Ch. 20.12). Landscape is used to define the entrances to the buildings and to the parking lot, and along all the edges of the site to blend the Project into its surroundings and soften the built environment, as well as to screen incompatible or unattractive uses. Project Operation Details Access hours will be Monday through Sunday from 9:00am to 6:00pm with four total employees and a maximum of 2 at any one time. Compatibility The Project is compatible with adjacent land uses and is a permitted use in the Limited Industrial Precise Plan Zone, in accordance with CVTvIC 19.44.020, Chula Vista General Plan and Chula Vista Design Manual. CONCLUSION The proposed Project has been prepared pursuant to the CVMC, and Chula Vista Design Guidelines. Self-storage is a permitted use in the Limited Industrial Precise Plan Zone, and the Project complies with the relevant policies and guidelines for development within the CVMC. Therefore, staff recommends the Planning Commission approve Design Review Permit, DR19- 0013, subject to the conditions listed in the attached 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. — 12 — Planning Commission DR19-0013 February 26,2020 Page-7- FISCAL IMPACT All application fees and processing costs are borne by the Applicant, resulting in no net fiscal impact to the General Fund or the Development Services Fund. Attachments 1. Locator Map 2. Planning Commission Resolution DR19-0013 3. Disclosure Statement Enclosure: Site Plan, Elevations, Landscaping Plan (Included on USB flash drive) — 13 — - 14 - ❑ ATTACHMENT 1 i MARSAT CT II o 0 v� III I i I I Q I i III ANITA ST � II I f (PROJECT LOCATION I >11 i I I MAIN ST � I � c:r z Q � �7 N CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT: 167 Investments ADDRESS: 575 Anita Street Project Summary; Proposing to expand a self-storage facility to:1 an adjacent 1.07 acre lot. The lot is currently vacant and SCALE: FILE NUMBER: proposing to develop a four-story 63,702 sq. ft building. NORTH No Scale DR19-0013 t Related cases:none L:\Gabe Files\Arcmap Locator Template\Locators\DR190013.ai.09.11.19 - 16 - A tachment 2 RESOLUTION NO. DR19-0013 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING DESIGN REVIEW PERMIT DR19-0013 TO CONSTRUCT A 63,700 SQUARE-FOOT SELF-STORAGE FACILITY ON A 0.975-ACRE SITE LOCATED AT 575 ANITA STREET WHEREAS, on June 3, 2019, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by 167 Investments (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 63,700 square-foot self-storage warehouse facility, and associated office on approximately 0.975-acres (Project); and WHEREAS, the area of land that is the subject of this Resolution is a vacant site located at 575 Anita Street (Project Site); and WHEREAS, the design of the proposed project conforms to the applicable provisions of the Chula Vista Municipal Code and with the City of Chula Vista Design Manual; 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 qualifies for a Categorical Exemption pursuant to Section. 15332 (In-Fill Development) of the State CEQA Guidelines. Thus, 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby makes the following findings: 1. That the proposed project is consistent with the development regulations of the Chula Vista Municipal Code and the design guidelines contained in the City's Design Manual. The site is zoned Limited Industrial Precise Plan (ILP). The proposed self-storage facility is a permitted use and requires a Design Review. The Project is consistent with both the applicable development standards contained in the Chula Vista Municipal Code, as well as design guidelines for industrial development located within the City's Design Manual. A provision contained within these regulations allows for the establishment of parking standards for specific uses which are not listed. This provision indicates that the standard shall be determined by the approval body for the proposed use on the basis of requirements for similar uses, and on any traffic engineering and planning data that is appropriate to the establishment of a minimum requirement. The Planning Commission has considered the _ 17 _ Page 2 February 26, 2020 parking survey, which shows a similar parking requirement for self-storage facilities in other jurisdictions and accepts the fourteen parking spaces proposed as adequate to serve the parking demand generated by the Project. 2. The design features of the proposed development are consistent with and are a cost- effective method of satisfying the design guidelines contained in the City's Design Manual. There is no particular architectural style required for industrial structures. However, high quality, innovative and imaginative architecture is encouraged. The Project has a streamlined, modern industrial design, incorporating a combination of split face Concrete Masonry Unit (CMU) block with architectural metal panel elements, such as ribbed metal panels. Colors and materials are earth toned with brown Split Face blocks and green metal panels. Wall planes are staggered to create visual relief, and the roof lines are heightened at various points throughout the building to create visual interest. All wall surfaces visible to the public are architecturally enhanced and the buildings have offsets and architectural details, consistent with the City's Design Manual. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves the Design Review Permit subject to the following conditions: 1. The following shall be accomplished to the satisfaction of the Development Services director, 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 Plans on file in the Development Services Department, the conditions contained herein, and Chula Vista Municipal Code (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 DDA-0467. 3. The Applicant shall submit Building Plans which specify colors and materials 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 wall and building surfaces. This shall be noted on any Building and/or Wall Plans. Additionally, the Project shall conform to Section 9.20.055 of the CVMC 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 as required by the Development Services Director. Such screening — 18 — Page 3 February 26, 2020 shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 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 to the satisfaction of the Development Services Director. 7. All exterior lighting shall include shielding to remove any glare from adjacent residents or properties. 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 CVMC. Land Development Division 9. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Construction Permit 10. All driveways shall conform to the City of Chula Vista's sight distance requirements. Also, landscaping, street furniture, or signs shall not obstruct the visibility of any driver at the street intersections or driveways. 11. The Owner must enter into a Stonn Water Management Facilities Maintenance Agreement to perpetually maintain private Best Management Practices (BMP's) located within the Project prior to issuance of any Grading or Building Permits, whichever occurs first. 12. A Construction Permit is required to perform the following work in the City's right-of- way, which may include, but is not limited to: a. Construction of(1) 24-foot driveway on Anita Street b. Construction of new sidewalk along the entire Project frontage. c. Removal and replacement of any broken or damaged curb, gutter, and sidewalk along the Project's frontage to the satisfaction of the City Engineer, or designee. Sidewalk shall be designed and constructed with proper transitions to existing conditions. d. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. e. Utilities Trenching and Restoration per CVCS GSI-03. f. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. - 19 - Page 4 February 26, 2020 13. The construction and completion of all improvements and release requirements shall be secured in accordance with Chapter 18.17 of the CVMC. 14. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disabilities act(ADA) Standards, and Title 24 standards, as applicable. 15. Any private facilities (if applicable) within public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 16. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 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 public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 19. Prior to the approval of any Building Permit, the Owner/Applicant shall submit duplicate copies of all plans 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. 20. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be under grounded in accordance with applicable CVMC Sections. Furthermore, all new utilities serving the subject property shall be under grounded prior to the issuance of any Building Permits. Landscape Architecture Division 21. Prior to approval and issuance of any Building Permits, a completed landscape construction document shall be submitted 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 CVMC. a. Within the landscape construction document, the Applicant shall update the landscape base to eliminate the inner curb and gutter along the existing right of way (ROW) line. The design shall be in conformance with the approved conceptual Grading Plans. b. The Title Sheet of the drawings shall include a signed statement from the landscape architect of work as follows: - 20 - Page 5 February 26, 2020 "I am familiar wit and agree to comply with the requirements of the Landscape Improvement Plans as described in Chapter 20.12 of the 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." 22. The Applicant shall submit Landscape and Irrigation (L & I) Plans for the Project for review and approval in accordance with the Chula Vista Landscape Manual and CVMC Chapter 20.12 Fire and Building Departments 23. The Applicant shall submit plans for approval by the Fire and Building Departments that comply with applicable codes and requirements, including but not limited to: the current California edition of Building Code (CBC), Fire Code (CFC), as adopted and amended by the State of California and the City of Chula Vista. 11. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 24. The Applicant shall repair, replace, and maintain all landscaping and hardscape improvements in accordance with the approved Landscape Plan. 25. Approval of the Design Review Permit shall not waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of Building Permit issuance. 26. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold. harmless City, its City Council members, Planning Commissioners, 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) any of the City's environmental or CEQA determinations, (b) the City's approval and issuance of this Design Review Permit and (c) 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, The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 27. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. _21 _ Page 6 February 26, 2020 III. GOVERNAUNT CODE SETION 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 beings 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 attach, review, set aside, void or annul imposition. That right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application procession fees or service fees in connection with this project; and it does not apply to any feeds, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenged 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 Signature of Applicant Date Printed Name of Applicant 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. — 22 — Page 7 February 26, 2020 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. Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Director of Development Services City Attorney _ 23 _ Page 8 February 26, 2020 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 — 24 — t Attachment 3 .;11SI L e v e I o p m e n t S e r v I c e s D e p a r t m e n t Planning Division I Development Processing crry 01 ctimA ism APPLICATION APPENDIX B Disclosure Statement Pursuant to City Council Policy 101-o1,prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City,a statement of disclosure of certain ownerships,financial interest,payments,and campaign contributions must be filed, The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application,project or contract(e,g„owner,applicant,contractor,subcontractor,material supplier), 167 Investments,LLC Frttntere Real Estate Investments,LLC 2. If any person*identified In section 1.above is a corporation or partnership, list the names of all individuals with an Investment of$2000 or more in the business (corporation/partnership)entity, Art Flaming Kyle Clark Daniel Weber Linda Dee FormicoM - I L.Robert Payne i 3. If any person*identified in section 1,above Is a non-profit organization or trust,list the names of any person who is the director of the nonprofit organization or the names of the trustee,beneficiary and trustor of the trust. 1 1 3 4. Please identify every person,including any agents,employees,consultants,or independent contractors, whom you have authorized to represent you before the City in this matter. E3ryan Grissinger s Scott Flaming y Danielle Mer S. Has any person*identified in 1„2,,3.,or 4.,above,or otherwise associated with this contract,project or application,had any financial dealings with an official"of the City of Chula Vista as It relates to this contract,project or application within the past 12 months? Yes___W. W No If yes,briefly describe the nature of the financial Interest the official* may have in this contract, E'oim 276 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 691.5101 Revo7.1� _ 25 _ i develop m e n t S e r v i c e s D e p a r t m e n t �---��- Planning Division C Development Processing or- CHUiLAVISTA APPLICATION APPENDIX 8 Disclosure Statement - Page 2 6. Has any person*identified In 1.,2.,3.,or 4.,above,or otherwise associated with this contract, project or application,made a campaign contribution of more than $250 within the past(12) months to a current member of the City of Chula Vista Council ? Yes _ No +� if yes which council member? 7. Has any person*identified in i.,Z,3.,or 4.,above,or otherwise associated with this contract, project or application, provided more than $420(or an item of equivalent value)to an official**of the City of Chula Vista in the past(12) months? (This Includes any payment that confers a personal benefit on the recipient,a rebate or discount in the price of anything of value,money to retire a legal debt,gift,loan, etc.) Yes No % If yes,which official** and what was the nature of the item provided? t 1 a 8, Has any person*identified in 1.,2.,3.,or 4„above,or otherwise associated with this contract, project � or application,been a source of income of$500 or more to an official**of the City of Chula Vista In the past(12)months? Yes No If yes,which official** and the nature of the item provided? _ i 3 f Date Signature of Contractor/Appli t Art Taming;167 Investments,LLC Print or type name of Contractor/Appllcant Person is identified as:any individual,firm,co-partnership,joint venture,association,social club, fraternal organization,corporation,estate,trust,receiver,syndicate,any other county,city, municipality, district,or other political subdivision,or any other group or combination acting as a unit. ** official includes,but is not limited to: Mayor,Council member,Planning Commissioner,Member of a board,commission or committee of the City,and City employee or staff members. *** This disclosure Statement must be completed at the time the project application,or contract, is submitted to City staff for processing,and updated within one week prior to consideration by legislative body. Last Updated: ivlarch 16,2010 Farm 5of9azo 276 Fourth Avenue I Chula Vlsta I California 1 91910 1 (619) 691.5101 _ 26 _ SIT (ELEVATIONS., LANDSCAPING) ON FLASH DRIVE AND DROPBOX - 27-