HomeMy WebLinkAboutReso 2020-184RESOLUTION NO. 2020-184
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA UPHOLDING THE PLANNING
COMMISSIONS DECISION AND APPROVING A DESIGN
REVIEW PERMIT, DR19-0025 TO CONSTRUCT A 27,821
SQUARE-FOOT BUILDING WITH A 4,185 SQUARE-FOOT
COVERED ENTRYWAY FOR SUPPORTIVE USES TO
INCLUDE A VEHICLE COLLISION AND AUTOMOTIVE
REPAIR FACILITY ON APPROXIMATELY 2.2 ACRES
LOCATED AT 1880 AUTO PARK PLACE, NORTH OF MAIN
STREET, SUBJECT TO THE CONDITIONS CONTAINED
HEREIN
WHEREAS, on August 20, 2019, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by Stephen Dose
(Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a 27,821 square-foot building with a 4,185 square-foot covered entryway for
supportive uses to include a vehicle collision and automotive repair facility on approximately 2.2
acres (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing parcel
located at 1880 Auto Park Place (Project Site); and
WHEREAS, the Development Services Director has reviewed the Project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Project was
adequately covered in previously adopted Mitigated Negative Declaration (IS -02-006), for the
Chula Vista Auto Park North Specific Plan. 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
the public health and safety, members of the Planning Commission and staff held a hearing via
teleconference on May 27, 2020. 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; and
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WHEREAS, upon considering the information presented on the Project, the Planning
Commission unanimously voted to approve the Project; and
WHEREAS, on June 10, 2020, Ms. Kerri Aviles filed an appeal of the May 27, 2020
Planning Commission’s approval of Design Review DR19-0025 (the “Appeal”); and
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista
for consideration of the Design Review DR19-0025 and notice of said 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 ten (10) days prior to the hearing; and
WHEREAS, like the Planning Commission hearing on this application, 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 the public health and safety,
members of the City Council and staff h eld a hearing via teleconference on July 28, 2020. 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 City Council 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 Auto Park North Specific Plan and other applicable regulations
contained in the Chula Vista Municipal Code and Chula Vista Design Manual.
The site is zoned General Industrial Precise Plan (IP). The proposed vehicle collision and
automotive repair facility is a permitted use under the Auto Park North Specific Plan 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 depicted
in the City’s Design Manual for industrial development.
In accordance with the City’s Design guidelines, the Project provides enhanced architectural
details along the street elevations. The layout of the Project Site provides for pedestrian and
vehicular circulation via a one-way entry for both vehicle and pedestrian ingress/egress access
to the site. The entrance is located along Auto Park Place, north of Main Street. Internal
circulation is designed for traffic to circulate counterclockwise around the building. A total of
59 parking spaces are required for the uses within the industrial building and the Project
proposes 61 spaces. The total building height is 42 feet; the maximum building height in
accordance with the guidelines is 45 feet. The floor area ratio and setback requirements are
consistent with the Auto Park North Specific Plan. The Project meets the zone requirements.
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 of Chula Vista
Design Manual.
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There is no particular architectural style required for industrial structures. However, high
quality, innovative and imaginative architecture is encouraged. A tower element is utilized to
break up the building massing at the front of the building. All wall surfaces visible to the public
are architecturally enhanced and the building has offsets and architectural details, consistent
with the Chula Vista Design Manual. The Project provides an enhanced landscape buffer along
the frontage and includes enhanced fenestration of window glazing along the frontage of Auto
Park Place and will conceal roll up doors toward the middle and rear of the building outside
public view. The design complements the adjacent buildings within the area for a similar yet
unique design.
BE IT FURTHER RESOLVED that the City Council, based on the findings above, hereby
upholds the Planning Commission’s action and 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:
Planning Division
1. Prior to the approval of a Grading Permit the removal or alteration of any mature trees or
commencement of construction activities during the raptor nesting season, identified as
December 1st through July 31st in the Draft Chula Vista Multiple Species Conservation
Program (MSCP) Subarea Plan, a qualified biologist shall conduct a pre-construction
survey of such trees as well as those within the construction impact area established by the
biologist. In the event that a nest(s) is found during the survey, construction setbacks
deemed appropriate by a qualified biologist to protect young birds until they are no longer
dependent upon the nest shall be established. No restrictions with respect to tree removal
or construction setbacks shall apply outside the raptor nesting season.
2. Prior to Building Permit approval, during the gnatcatcher breeding season, between
February 15 and August 15, noise levels generated by project-related construction activities
shall not exceed 60 decibels (dB) Leq within any area containing an occupied nest or, if no
occupied nest exists, within the area occupied by a potential breeding pair. In order to
prevent construction noise level greater than 60 dBl Leq, the ambient noise level shall not
be exceeded as a result of project-related construction. If an occupied nest or potential
breeding pair is identified during a pre-construction survey, noise mitigation techniques,
such as temporary noise walls or berms or modifications to construction activities, deemed
necessary to attenuate construction noise levels to 60 dBl Leq or less, shall be formulated
by a qualified biologist and qualified acoustician, and shall be implemented during
breeding season. During breeding season, the qualified acoustician shall monitor the
success of any noise attenuation measures that are implemented; where a violation of the
noise level limit is identified, the acoustician shall immediately notify the Environmental
Review Coordinator so that construction activities can be halted or reduced to avoid further
exceedances of the limit until sufficient alternate or modified noise attenuation measures,
if any, can be implemented.
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3. Prior to Building Permit approval, the Applicant shall finalize the Storm Water Quality
Management Plan (SWQMP) with the Land Development Division.
4. 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.
5. 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-0154.
6. The colors and materials specified on the Building Plans shall be consistent with the colors
and materials shown on the Project plans and material sheet approved by the Planning
Commission.
7. 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.
8. 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 bui lding
design.
9. 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.
10. All exterior lighting shall include shielding to remove any glare from the adjacent preserve
area. Details for said lighting shall be included in the Architectural Plans and shall be
reviewed and approved prior to the issuance of the first Building Permit.
11. The Applicant shall obtain approval of a Sign Permit for each sign. Signs shall comply
with all applicable requirements of the Municipal Code.
Land Development Division/Landscape Architecture Division
12. The Applicant shall provide a finalized SWQMP addressing Land Development redlines.
Details and water calculations for the storage tanks will be required prior to Grading Permit
issuance.
13. A geotechnical report or a waiver will be required prior to issuance of a Grading Permit.
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14. Additional deposits or fees in accordance with the City Subdivision Manual, and Master
Fee Schedule will be required for the submittal of the following items:
a. Grading Plans
b. Construction Permit
15. Owner/Applicant must 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.
16. 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 drivers at the street
intersections or driveways.
17. 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. 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.
Sidewalks shall be designed and constructed with proper transitions to existing
conditions.
b. Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
c. Utilities Trenching and Restoration per CVCS GSI-03.
d. Separate permits for other public utilities (gas, electric, water, cable, telephone)
shall be required, as necessary.
18. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.17 of the Municipal Code.
19. 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.
20. 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.
21. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork
activities at the site and before issuance of Building Permits in accordance with Municipal
Code Chapter 15.04. Developer shall submit Grading Plans in conformance with the City’s
Subdivision Manual and the City’s Development Storm Water Manual requirements,
including, but not limited to the following:
a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the
City Engineer.
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b. Drainage Study and Geotechnical/Soils Investigations are required with the first
submittal of Grading Plans. The Drainage Study shall calculate the Pre-
Development and Post-Development flows and show how downstream properties
and storm drain facilities are impacted. Design shall incorporate detention of storm
water runoff if Post-Development flows exceed Pre-Development flows; analysis
shall include flows from 2-yr ., 10-yr., and 50-yr. return frequency storms.
c. Drainage Study shall also demonstrate that no property damage will occur during
the 100-yr storm event.
d. Drainage Study shall show any offsite flows.
e. All onsite drainage facilities shall be private.
f. Any offsite work will require Letters of Permission from the affected property
owner(s).
22. Provide 2 copies of the following technical reports with the 1st submittal of Grading Plans:
a. Geotechnical Report
b. Drainage study
c. Storm Water Quality Management Plan (SWQMP) –
(For all Priority Development Projects Please use the City of Chula Vista Storm
Water Quality Management Plan- PDP-SWQMP_ WORD Form Fill.)
23. On May 2013, the California Regional Water Quality Control Board for the San Diego
Region (SDRWQCB) reissued a 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. The Applicant shall comply with said permit.
24. All construction sites are required to implement Construction (BMPs) in accordance with
the performance standards outlined in Appendix K of the BMP Design Manual. In general:
a. For projects disturbing one (1) acre or more requires coverage under and
compliance with the Construction General Permit (CGP), the construction BMPs
must be identified in a Storm Water Pollution Prevention Plan (SWPPP).
25. A complete and accurate Notice-of-Intent (NOI) must be filed with the San Diego Regional
Water Quality Control Board (SDRWQCB) for a project covered under the CGP. A copy
of the acknowledgement from the SDRWQCB that a NOI has been received for this Project
shall be filed with the City of Chula Vista when received. Further, a copy of the completed
NOI from the SDRWQCB showing the Permit Number for this Project shall be filed with
the City of Chula Vista when received.
26. The Applicant shall enter into a Storm Water Management Facilities Maintenance
Agreement to perpetually maintain all permanent BMPs located within the Project prior to
issuance of any Grading, Construction or Building Permits, whichever occurs first.
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27. The Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all
permanent BMPs as required by the City to preserve the intended pollution control and/or
flow control performance of the BMP’s. Upon completion of construction of
BMP’s/Project, the Applicant shall update/finalize the O&M Plan to reflect constructed
structural BMP’s with as-built plans and baseline photos.
28. The Project shall comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm Water Dischargers Associate with
Industrial Activities (IGP) Order 2014-0057-DWQ.
29. 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 Plans
shall include but not be limited to:
a. 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.
b. Relocation of existing traffic signal light. The Cit y Traffic Engineer shall approve
the traffic signal location.
c. Installation of curb, gutter, and sidewalk per SDRSD G-3 along the project’s
frontage. Sidewalk shall be designed and constructed with proper transitions to
existing conditions.
d. Installation of driveways meeting design standards as shown in Chula Vista
standard detail CVCS-1A. Dedication of R/W as needed in order for driveway to
comply with American Disability Act (ADA) requirements.
e. The proposed closure of existing curb ramp and existing driveway shall be replaced
with a curb, gutter, and sidewalk per SDRSD G-2 and G-7.
f. Utilities Trenching and Restoration per CVCS-3&4.
30. A complete set of Signing and Striping Plans shall be included with the Street
Improvements Plans for review by Traffic Engineering.
31. Any improvements in the right-of-way beyond the Project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City Engineer.
32. The construction and completion of all improvements and release requirements shall be
secured in accordance with Chapter 18.17 of the Municipal Code.
33. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable.
34. All utilities serving the subject property and existing utilities located within or adjacent to
the subject property shall be under grounded in accordance with the CVMC. Further, all
new utilities serving the subject property shall be under grounded prior to the issuance of
Building Permits.
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35. Prior to the approval of the first Building Permit, the Applicant shall submit full Landscape
and Irrigation Plans for review and approval by the City’s Landscape Architect.
Fire Department
36. 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 the
Building Code (CBC) & Fire Code (CFC), as adopted and amended by the State of
California and the City of Chula Vista.
37. A fire service study shall be performed that includes a hydraulic water flow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen
Williams formula shall be used in the determination of these flows and pressures. The
analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
38. Water supply data is required to accompany an underground submittal. An official water
flow letter can be obtained from the respective water authority. The water flow
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the plan submittal.
39. Based upon California Fire Code Appendix B, a fire flow of 3,188 GPM at 20 PSI for a
flow duration of 3 hours is required.
40. Based upon California Fire Code Appendix C, a total of 4 fire hydrants are required to
serve this project. Hydrants shall be located in accordance with the following:
a. 4 New on-site fire hydrant(s) with an average spacing of 400 feet between hydrants.
The maximum distance from any point along a fire apparatus access road to a
hydrant shall not exceed 225 feet. Hydrants shall be located in accordance with
approved plans. Required fire flow shall be available at 1000gpm per hydrant, up
to the required fire flow for on-site public hydrants or the required fire flow shall
be available at the point of connection for on-site private hydrants.
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.
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3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend
and hold harmless City, its Cit y Council members, Planning Commission members,
officers, employees and representatives, from and against any and all liabilities, losses,
damages, demands, claims and costs, including court costs and attorney’s fees
(collectively, liabilities) incurred by the City arising, directly or indirectly, from (a)
City’s approval and issuance of this Design Review Permit, (b) City’s approval or
issuance of any other permit or action, whether discretionary or non -discretionary, in
connection with the use contemplated on the Project Site and (c) any environmental
determinations for the Project. The Property Owner and Applicant shall acknowledge
their agreement to this provision by executing a copy of this Design Review Permit
where indicated below. The Property Owner’s and Applicant’s compliance with this
provision shall be binding on any and all of the Property Owner’s and Applicant’s
successors and assigns.
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 resolu tion
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.
________________________________ _______________________
Stephen Dose, Property Owner Date
________________________________ _______________________
Stephen Dose, Applicant Date
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8/6/2020
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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 City Council 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 d etermined 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.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of July 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-184 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 28th day of July 2020.
Executed this 28th day of July 2020.
Kerry K. Bigelow, MMC, City Clerk
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