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HomeMy WebLinkAboutItem 2 - Attachment 2 - DR19-0010 ResolutionAttachment 2 RESOLUTION NO. DR19-0010 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT DR19-0010 TO CONSTRUCT A SEVEN-STORY MIXED-USE BUILDING TOTALING 49,555 SQUARE-FEET, CONSISTING OF A 52-UNIT APARTMENT COMPLEX WITH AN AFFORDABLE HOUSING COMPONENT, PARKING STRUCTURE, 2,480 SQUARE-FEET RETAIL COMMERCIAL WITH ASSOCIATED OPEN SPACE ON APPROXIMATELY 0.48 ACRES LOCATED AT 305 E STREET. WHEREAS, on April 24, 2019, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Front Runner Investments 1, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a seven-story mixed-use building totaling 49,555 square-feet, consisting of 52 apartment units including three affordable units subject to rental and occupancy restrictions for very low income households at 50% of the area median income for a period of 55 years, parking structure, and 2,480 square-feet retail commercial with associated open space on approximately 0.48 acres (Project); and WHEREAS, by including five percent of the 52 units for very low-income households, the Project is entitled to certain benefits, including a density bonus, one development incentive, waivers and reductions in development standards, and specified parking ratios under the provisions of Chula Vista Municipal Code (CVMC) Chapter 19.90-Affordable Housing Incentives and Government Code Section 65915 (State Density Bonus Law); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 305 E Street (Project 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 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 property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, pursuant to the California Governor’s Executive Order N-29-20 and the City of Chula Vista Director of Emergency Services’ Emergency Order 002-B-2020, in the interest of Page 2 July 22, 2020 the public health and safety, members of the Planning Commission and staff held a hearing via teleconference. In accordance with the orders, the public was able to view and participate in the meeting online and not at the Council Chambers, 276 Fourth Avenue, and said 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 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 Village Core (V-3) and is permitted for mixed-use. The Project is in compliance with the Urban Core Specific Plan Design Guidelines and is consistent with the California Government Code and CVMC. The Applicant is proposing to build a total of 52 units, including three income restricted units for very low-income households, and 2,480 square feet of commercial space. Pursuant to CVMC Section 19.90.080(F) and Government Code Section 65915(e), given the provision of five percent of the units as restricted for very low-income households, the Applicant is requesting a waiver and is entitled to the reduced parking standards as specified in CVMC Section 19.90.080(H) and Government Code Section 65915(p). Additionally, the Applicant is requesting the reduction in parking through the waiver of the parking requirement development standards of the CVMC/Government Code, as application of such requirements would otherwise have the effect of physically precluding the construction of the Project. The parking for the residential component of the Project is proposed to include 64 parking spaces instead of the 83 required under CVMC Section 19.90.080(H). The requested waiver of the parking standard is consistent with the intent of the State’s Density Bonus Law and CVMC Chapter 19.90. For the commercial use, a total of 5 spaces is required. The Applicant proposes a total of 6 spaces, therefore meeting and exceeding the commercial parking requirements. Overall, a total of 67 parking spaces are required for both the residential and commercial uses. A total of 70 parking spaces are proposed. The main building has a maximum height of 74 feet. Beyond this height, from 74 feet to 99 feet, is the roof parapet, stairway, steel trellis, and elevator leading to the roof top deck for the residents. The top of the elevation shaft is at 99 feet. Per the V-3 zone, a maximum height of 84-ft. is allowed, however, architectural details such as the steel trellis and elevator shaft allowing access to the roof top deck is allowed to exceed the height limit. The Project provides for all of the required parking on-site per the Affordable Housing Density Bonus Regulations. Open space and landscaped areas are also provided in excess of the minimum required. The building design orients balconies towards the street to provide for an urban environment. Landscaping has been placed along the perimeter of the site in various locations and adjacent to balconies and amenity deck area on the third floor. 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 Urban Core Specific Plan Design Guidelines. The floor area ratio and setback requirements are subject to the V-3 zone. The Project meets the zone requirements. Page 3 July 22, 2020 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 and vibrancy along Third Avenue and E Street. 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 painted steel screen guardrail, metal siding, horizontal lap siding, steel trellis canopy, and aluminum window awnings and balconies. In addition, 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 Urban Core Specific Plan’s Urban Core District and set a strong precedent for future development planned along Third Avenue and E 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: 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 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 DDA-0437. 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 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 Page 4 July 22, 2020 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 the issuance of the first Building Permit for the construction of the Project, the Applicant shall execute a Regulatory Agreement and Declaration of Restrictive Covenants for State Density Bonus Program, along with a Deed of Trust with the City that includes terms and conditions to ensure compliance with CVMC Chapter 19.90 and State Density Bonus Law for a compliance period of 55 years. Such Agreement shall be recorded as a covenant on the property with the restrictions binding all subsequent owners so that the commitment remains in force regardless of ownership. Land Development Division/Landscape Architecture Division 10. The following fees may be adjusted based on the final Building Plans submitted 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. Grading Plans b. Construction Permit 12. All driveways shall conform to the City of Chula Vista’s sight distance requirements in accordance with Section 18.16.220 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of drivers at the street intersections or driveways. 13. The Applicant shall enter into a Storm 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. Page 5 July 22, 2020 14. Prior to issuance of any Grading or Building Permit, whichever occurs first, the Applicant shall provide documentation from SDG&E for the proposed work in the easement. 15. 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:  Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-2, and G-7 along the project’s frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions.  Construction of a new 8 in sewer lateral and sewer manhole in Third Ave  Construction of (1) driveway on E Street and (1) driveway on Third Ave.  Installation of a Bus Stop slab per SDG-102 on E Street.  Construction of raised medians on both E Street and Third Ave.  Installation of a new curb ramp at the corner of Third Ave and E Street.  Installation of a new streetlight per TRF-08 on Third Ave (1) and E Street (1).  Install new ladder crosswalk markings across Third Ave and E Street per TRF-11.  Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk.  Utilities Trenching and Restoration per CVCS GSI-03.  Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary.  The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.17 of the Municipal Code. 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 accessible parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disability Act (ADA) Standards, and Title 24 standards, as applicable. 18. Any private facilities within public right-of-way or City easement will require an Encroachment Permit prior to improvement plan or Building Permit approval. 19. A stripping and signage plan will be required to be shown on the improvement plans. 20. Per the Traffic Study recommendation, RWY-05 standard and the Subdivision Manual and in accordance with Condition 15, the Applicant shall construct raised medians on E Street and Third Avenue. The raised medians shall extend to the property line on both streets and be designed as right in and right out only. 21. The Applicant shall comply with MTS regulations and implement the approved bus stop design plan. Page 6 July 22, 2020 22. The Applicant shall submit full landscape and irrigation plans for review and approval by the City’s Landscape Architect. 23. Prior to the issuance of the Grading Permit for the Project, the Applicant shall obtain City approval of the Project’s improvement plans showing the relocation of all utilities within the City’s public right-of-way to resolve any conflicts with proposed improvements to the satisfaction of the Director of Development Services or designee. Fire Department 24. The Applicant shall apply for required Building Permits. Permits shall comply with applicable codes and requirements, including but not limited to: the current California edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential Code as adopted and amended by the State of California and the City of Chula Vista. 25. The Project will require a fire flow of 2,750gpm for 2 hours and a minimum of 2 fire hydrants. 26. Based upon the location of existing fire hydrants, one new public hydrant will need to be installed on E street in front of the project. 27. This Project is to be protected throughout by an approved automatic fire sprinkler system in accordance with NFPA 13 and a manual wet Class I standpipe system installed in accordance with NFPA 14. A fire pump may be needed due to the number of stories and available water pressure. 28. A fire control room is required for all sprinklered buildings. The planned room will be required to be larger if a fire pump is needed, as required by the City Fire Marshall, or designee. 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) Page 7 July 22, 2020 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. 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 19.14.600 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 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 ________________________________ _______________________ Name of Property Owner Date ________________________________ _______________________ Signature of Applicant Date Page 8 July 22, 2020 ________________________________ _______________________ 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 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. 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: _________________________ _____________________ Tiffany Allen Glen R. Googins Director of Development Services City Attorney J:\Planning\Caroline\Discretionary Permits\305 E Street-Mixed Use\DR19-0010 PC Reso