HomeMy WebLinkAboutDR17-0023 RESOLUTION NO. DR17-0023
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 4.21-ACRES LOCATED
AT THE CORNER OF CHURCH AVENUE AND MADRONA STREET
WHEREAS, on July 5, 2017, a duly verified application for a Design Review Permit was
filed with the City of Chula Vista Development Services Department by Amelia LLC
(Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a nine (9) small lot single-family subdivision with associated open space and
shared private driveway on approximately 0.21-acres (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing €
parcel located at the corner of Church Avenue and Madrona Street("Project Site"or"Site"); and
WHEREAS, the Development Services Director has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed Project was adequately covered in the previously adopted Urban Core Specific Plan 4
Final Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 06-
01, certified by the Chula Vista City Council in May 2007. 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 j
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 hearingwas held at the time and d place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter 1
closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
I. ENVIRONMENTAL REVIEW
That the Development Services Director has reviewed the proposed Project for compliance
with the California Environmental Quality Act (CEQA)and has determined that the proposed
Project was adequately covered in the previously adopted Urban Core Specific Plan Final
Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 06-
Attachment 2
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December 11, 2019
01, certified by the Chula Vista City Council in May 2007. Thus, no further environmental
review is required.
II. GENERAL
1. That the proposed Project is consistent with the development regulations and design
guidelines of the Urban Core Specific Plan and other applicable regulations contained
in the Chula Vista Municipal Code.
The Project Site is designated Urban Core (V-1) and is permitted for residential use. The
Project is in compliance with the Urban Core Specific Plan(UCSP) Design Guidelines and is
consistent with the Chula Vista Municipal Code. The Applicant is proposing to build a total
of nine (9) small lot single-family homes. 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 UCSP Design Guidelines. Additional features are added to the homes,
such as a private roof deck, oversized garage to include a workshop area, and an office space
for two of the units to encourage a live/work environment. Open space areas are provided in
balconies and a private rooftop deck. A total of 14 parking spaces are required for the single-
family homes. The project proposes a total of 10 parking spaces on-site, while the Applicant
proposes to pay the In-Lieu Parking Fee allowed within the Downtown Parking District and
also allowed by the UCSP for the other 4 off-site parking spaces. In accordance with the
UCSP, only a minimum of 50% of the parking is required to be on-site.
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The building height to the top of the roof is 38-ft., however, with the architectural features
and roof parapet it brings the overall height of the building to 47-ft. The maximum building
height in accordance with the guidelines is 45-ft., with allowance for additional height for j
architectural features and roof parapets to exceed this limit. The floor area ratio and setback
requirements are subject to the V-1 zone. The Project meets the zone requirements.
2. That the proposed Project is consistent with the design requirements and
recommendations contained in Chapter VII - Design Guidelines of the Urban Core
Specific Plan.
The proposed Project architecture features a modern architectural design that is eclectic and
exemplifies and contributes to the dynamic revitalization within the UCSP. The building
mass is articulated by horizontal and vertical plane offsets, including balconies, which
provide variety and interest and are highlighted by accent colors and materials that break up
the roof line. The building facades also include a variety of building materials and colors,
including wood siding, integral colored CMU walls, translucent color photographic panels,
poured concrete eyebrow projection over windows, balconies, and Juliet balconies, varying
building facades and building offsets were added along the exterior elevations to avoid a
monotonous design. The overall design, form and scale of the building fit within the
guidelines of the UCSP Urban Core District and set a strong precedent for future
development planned along Church Avenue and Madrona Street.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above,
hereby approves the Design Review Permit subject to the following conditions:
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December 11, 2019
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:
Development Planning Division
1. The Site shall be developed and maintained in accordance with the approved plans, which
include Site and Landscape Pians, 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 DQ-3400-
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 sheet approved by the Planning
Commission.
4. A graffiti resistant treatment shall be specified for all 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.
b All ground mounted utility appurtenances such as transformers, AC condenser
s, 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. Prior to the issuance of the first Building Permit for the construction of the Project, the
Applicant shall pay to the City the amount of$14,000, or the amount in effect at the time
of the issuance of the first Building Permit, as the In-Lieu-Parking Fee for four (4) off-
site parking spaces.
9. The Applicant shall obtain approval.of Tentative Subdivision Map application, PCS18-
0004 in conjunction with this permit.
Land Development Division/Landscape Architecture Division
10. The following fees may be adjusted based on the final Building Plans submitted:
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December 11, 2019
a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees(PFDIF)
d. Western Transportation Development Impact Fees (WTDIF)
e. Other Engineering Fees as applicable per the Master Fee Schedule.
11.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. Street Improvement Plans
b. Final Map
12. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required in accordance with CVMC 17.10.104. The current PAD .fee for West Chula
Vista Projects is $12,888 for Single-Family. The PAD fee is adjusted on an annual basis
on October 1 based on the Engineer Construction Cost Index, The payment of the PAD
fee amount in place at the time of the issuance of first Building Permit is required. The
PAD fee for the Project at this time is $ 115,992.00 (9 a@7 $12,888/unit). Credit will be
awarded for existing buildings on the site.
13.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 and Chula Vista standard
drawing RWY-05 (Sign Distance Requirements). Also, landscaping, street furniture, or
signs shall not obstruct the visibility of drivers at the street intersections or driveways.
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14. The Project shall comply with Chula Vista Standard Drawing RWY-05 for Corner Sight
Distance and Stopping Sight Distance. Prior to the issuance of a Grading Permit or a s
Construction Permit, a Stopping Sight Distance and a Corner Sight Distance analysis
shall be submitted to demonstrate such compliance to the satisfaction of the City
Engineer.
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15. The Applicant shall provide a separate sewer lateral for each dwelling unit. Sewer
laterals are not allowed under any proposed buildings.
16. For the proposed private sewer facilities, manholes shall be used where 6" mains or
larger are connected to public sewer.
17. On May 2013, the California Regional Water Quality Control Board for the San Diego
Region (SDRWQCB) reissued municipal storm water, 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])
that covered its region.
18. The Project shall comply with all requirements of the MS4 Permit and City of Chula
Vista Best Management Practices (BMP) Design Manual, December 2015 and as
amended (BMP Design Manual) for both construction and post-construction phases of
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December 11,2019
the Project. Prior to Planning approval, documentation shall be provided, to the
satisfaction of the City Engineer,to demonstrate such compliance.
19. 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 less than one (1) acre, a Construction Storm Water
Pollution Control Plan (CSWPCP) is required that identifies the pollution
prevention measures that will be taken to comply with City standards.
20. Prior to Building Permit Issuance,the following documents shall be completed, signed by
the Owner,submitted to and approved by the City Engineer, or designee.
a. Storm Water Quality Management Plan, SWQMP for Standard Projects
b. Construction Storm Water Pollution Control Plan CSWPCP, for standard Project
21. Improvement Plans in conformance with the City's Subdivision Manual and a
Construction Permit will be required prior to issuance of any Building Permits. The
Improvement Plan shall include but not be limited to:
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a. Removal and replacement of existing curb, gutter, and sidewalk per SDRSD G-02
& SDRSD G-07 along the project's frontage. Sidewalk shall be designed and
constructed with proper transitions to existing conditions. The proposed sidewalk
and parkway shall be built per Chula Vista Construction Drawing RWY-02. The
width of the sidewalk shall be a minimum of 5 feet.
b. Installation of a driveway meeting design standards as shown in Chula Vista
standard detail GSI-01. Dedication of R/W as needed in order for driveway to €'€
comply with American Disability Act(ADA)requirements. i
c. Installation of pedestrian ramp on the comer of Madrona Street and the alley per
Chula Vista Construction Standard GSI-08. Dedication of R/W as needed, in
order for pedestrian ramp to comply with American Disability Act (ADA)
requirements.
d. Installation of a sewer manhole per SDRSD SM-02 is required at the connection
of the 6" sewer lateral to the main public sewer line.
e. Utilities Trenching and Restoration per GSI-03.
f. Installation of Private Street Trees and private Street Lights. In order to comply
with the Urban Core street theme for Church Avenue & Madrona Street.
Walkway or sidewalk shall be provided around tree grates in order comply with
American Disability Act(ADA)requirements.
g. Reconstruct the NE alley apron with ADA accessible ramp and reconstruct the
existing concrete paving within the alley along project's frontage per SDRSD G-
21, The extent of alley paving shall be determined with the submittal of an
Improvement Plan.
22. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
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December 11, 2019
23. The construction and completion of all improvements and release requirements shall be
secured in accordance with Chapter 18.17 of the Municipal Code.
24. 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.
25. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and CVMC
Title 24 standards, as applicable.
26. Any private facilities within Public right-of-way or City easement will require an.
Encroachment Permit prior to Improvement Plan or Building Permit approval.
27. The Applicant shall submit full Landscape and Irrigation Plans for review and approval
by the City's Landscape Architect.
28. The Applicant shall provide pedestrian street lighting and street trees along Church
Avenue and Madrona Street in accordance with the UCSP. Location and details of light
poles and street trees shall be provided on the Building Permit and Street Improvement
permit.
Fire Department
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29. The Applicant shall apply for required Building Permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current edition of j
California Title 24 as adopted and amended by the City of Chula Vista.
30. The Applicant shall provide a Fire Flow letter from the appropriate water authority
indicating that the minimum required Fire Flow is available to serve the project.
31. Based upon the required Fire Flow for the estimated Type VB construction, a minimum
of 1 fire hydrant is required to serve this project and shall be spaced at a maximum of 500
feet from other fire hydrants. Existing public hydrants can be used to meet this
requirement if the conditions of Condition of Approval #32 are met. This Project has one
existing fire hydrant on its immediate corner and will count as a fire hydrant for the
purposes of meeting this requirement.
32. Where a portion of the building is more than 400 feet (600 feet for R-3) from a hydrant
on a fire apparatus access road, as measured by an approved route around the exterior of
the building, new/additional fire hydrants shall be provided.
33. Buildings shall be provided with Knox appliances.
a. Provide a Knox Box at the Fire Control Room(if provided,based upon sprinkler
system type).
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December 11, 2019
34. The building(s)and their units/ suites shall be addressed in accordance with the following
criteria:
0—50ft from the building to the face of the curb = 6-inches in height with a f-
inch stroke
• 51 — 150ft from the building to the face of the curb= 10-inches in height with a 1
'/2 -inch stroke
0 151 ft from the building to the face of the curb= 16-inches in height with a 2-inch
stroke
35. This Project is to be protected throughout by an approved automatic fire sprinkler system
in accordance with NFPA 13 (NFPA 13, NFPA 13R or NFPA 13D - based upon the
specific requirements or construction feature provisions).
36. A fire control room designed and constructed in accordance with the CVFD standard
detail shall be provided that has a door directly accessible from the exterior of the
building on the Church Avenue or Madrona Street sides. This room will house the fire
sprinkler system riser (for NFPA 13 and NFPA 13R systems) and the fire alarm control
panel only. NFPA 13D fire sprinkler systems are required for single-family residential
structures and do not require this control room.
37. This Project is to be protected throughout by an approved fire alarm system or single-
station smoke alarms depending on final occupancy determination.
38. This Project, along with its construction features, shall not extend into the alley. The
current alley width is 20 feet. The 20 feet needs to be unobstructed at all times.
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H. 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.
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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.
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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) 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
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December 11, 2019
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 19.14.640 of
the Municipal Code.
III. GOVERNMENT CODE SECTION 66020(d)(1)NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HERESY GIVEN that
the 90 day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Government Code Section
66020(a) and failure to timely follow this procedure will bar any subsequent legal action
to attack, review, set aside, void or annul imposition, The right to protest the fees,
dedications, reservations, or other exactions does not apply to planning, zoning, grading,
or other similar application processing fees or service fees in connection with this project;
and it does not apply to any fees, dedication, reservations, or other exactions which have 3
been given notice similar to this, nor does it revive challenges to any fees for which the
statute of limitations has previously expired.
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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.
z nature of Property Owner Date {
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Printed Name of Property Owner Date
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Signature of Applicant Date
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Printed Name of Applicant Date f
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December 11, 2019
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.
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.
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December 11, 2019
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA,this 11th day of December 2019,by the following vote,to-wit:
AYES: Burroughs, Gutierrez, Milburn,Nava
NOES: Torres
ABSENT: De LaRosa
ABSTAIN: Zaker
Qa e Gu 'errez,Chair
ATTEST: _.. ...
C*tr�ici(a�Sallon, Secretary
Presented by: Approved as to form by:
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K ly roughton Glen R,
Director of Development Services /P City Attorney f
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