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HomeMy WebLinkAboutItem 4 - Attachment 2 Planning Commission Resolution-final RESOLUTION NO. DR18-0010 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING DESIGN REVIEW PERMIT DR18-0010,TO CONSTRUCT A 72-UNIT, FOUR-STORY MULTI-FAMILY COMPLEX CONSISTING OF ONE STRUCTURE OVER A ONE-STORY GARAGE ALONG WITH ASSOCIATED PARKING, LANDSCAPING AND OPEN SPACE ON A 2.67-ACRE SITE LOCATED AT 1350 INDUSTRIAL BOULEVARD WITHIN THE PALOMAR GATEWAY DISTRICT WHEREAS, on May 29, 2018, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Muraoka Enterprises; and WHEREAS, the application requests approval of a Design Review Permit to allow construction of 120,165 square-foot multi-family residential development consisting of a single building to house 72 apartment units situated above podium-level parking and clubhouse building along the east side of the property along with other open space amenities and a combination of on- street and covered parking to accommodate 145 parking spaces (Project); and WHEREAS, the area of land that is the subject of this Resolution is an existing 2.76-acre site(APN 622-071-14)located on the west side of Industrial Boulevard between Ada and Dorothy Street(Project Site); and WHEREAS, The Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the proposed Project was adequately covered in the previously adopted Palomar Gateway Specific Plan Final Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 10-05, certified by the Chula Vista City Council in August 2013. Therefore, 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. In accordance with the orders, the public was able to view the meeting online and not at the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence at the subject hearing, as set forth in the record of its proceedings therein, recommends approval of the Project, based on certain findings, terms and conditions. Attachment 2 PC Resolution DR18-0010 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby find and determine as follows: 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 Palomar Gateway Specific Plan Final Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 10-05, certified by the Chula Vista City Council in August 2013. Therefore, no further environmental review is required. It DESIGN REVIEW 1. That the proposed Project is consistent with the development regulations contained in the Palomar Gateway District Specific Plan, Chula Vista Municipal Code, Government Code, and Chula Vista Design Manual. The Project Site is designated Palomar Residential Village (PR-V and is permitted for high density residential use. The Project is in compliance with the Palomar Gateway District Specific Plan (Specific Plan), Specific Plan Design Guidelines, and Chula Vista Design Guidelines and is consistent with applicable sections of the California Government Code(e.g., 65000 et seq.)and the Chula Vista Municipal Code. The Applicant is proposing to build a total of 120,165 square-feet of residential space consisting of one building to house proposed 72 multi-family-units and a sperate detached clubhouse building. The Project was designed to complement the natural sloped topography of the site and natural habitat. The stepped 3 & 4 structure with podium parking allows for half of the required parking to be below the residential structure and for the overall building heights to follow the sloped site. The building is located on the north side of the property, furthest away from the wetlands open space on the south side, in order to allow for an outdoor recreation activity area and community recreation structure. A pedestrian walkway located along the wetlands on the south side and west side connects the site with the street and beyond. The walkway will provide residents with a clear and safe path of travel to be used for daily exercise around the site and neighborhood or simply to walk from their place of residency to the street, the Trolley Station and/or the commercial areas in the vicinity. The street facade is pedestrian friendly which promotes activity along the frontage with enhanced paving and planting. An exterior clock is proposed on the street side stairwell structure as a focal point and identifier for the Palomar Transit plaza. 2. That the proposed Project is consistent with the design requirements and recommendations contained in the Palomar Gateway District Specific Plan and development standards of the Chula Vista Design Guidelines. There is no particular architectural style required for projects within the Palomar Gateway District. However, high quality, innovative and imaginative architecture is encouraged. The PC Resolution DR18-0010 Page 3 proposed architecture is contemporary which would blend into the eclectic mixture of designs in the area and is scaled to be consistent with the surrounding residential and commercial buildings in the vicinity. The apartment building has different styles of balconies, varied roof heights and offset wall fenestration to provide a varied building appearance. The building elements feature stucco/metal support roof connections, metal and stucco railings for the balconies, window canopies and stucco wall patterns with varied warm tone colors. The building provides a grand stair entry point from the street to emphasize the pedestrian orientation to the Project. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves the Project subject to the following conditions: III. The following shall be accomplished to the satisfaction of the Director of Development Services, or designee, prior to issuance of Building Permits, unless otherwise specified: Planning Division 1. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the mitigation measures identified in the Palomar Gateway District Specific Plan Program EIR (PEIR) #10-05 and associated Mitigation Monitoring and Reporting Program(MMRP)for the Project,within the timeframe specified in the Project. These include: Mitigation Measure 5.9-2 Project Level Biological Resources Surveys and Reporting; 5.9-2 Pre-Construction Nesting Birds Surveys; 5.9-3 In-Kind Habitat-Based Compensatory Mitigation; 5.9-4 Construction Fencing; 5.9-5 Project Level Delineation Studies and 5.9-6 Wetland Permits. 2. Prior to issuance of a grading or construction permit, the Applicant shall obtain a Habitat Loss and Incidental Take Permit. 3. Prior to obtaining any building or other permit, including a grading permit, pursuant to this Permit, and prior to commencement or use of the property in reliance on this Permit, the Applicant shall grant to the City of Chula Vista an Exclusive Open Space Easement as shown as Wetlands Area on Sheet A0,1 (Site Plan)of Design Review Plan Set dated October 28, 2020 on file with the Department of Development Services as Project Number DR18-0010. Said easement shall run with the land in perpetuity and shall be recorded with the San Diego County Recorder's Office. The purpose of the easement is for the protection of biological resources and prohibits all of the following on any portion of the land subject to said easement: grading; excavation; placement of soil, sand, rock, gravel, trash, debris, or other material; clearing of vegetation; construction, erection, or placement of any building or structure; vehicular activities; trash dumping; or use for any purpose other than as open space. The foregoing "purpose"language shall be included on the easement document. The following authorization and exception language shall also be included on the easement document: "Granting of this open space easement authorizes the City and its agents to periodically access the land to perform management and monitoring activities for the purposes of species and habitat conservation. The only exceptions to this prohibition are: PC Resolution DR18-0010 Page 4 • Selective clearing of vegetation by hand to the extent required by written order of the fire authorities for the express purpose of reducing an identified fire hazard. While clearing for fire management is not anticipated with the creation of this easement, such clearing may be deemed necessary in the future for the safety of lives and property. • Activities conducted pursuant to a revegetation or habitat management plan approved by the Director of Development Services or the Director of Public Works. • Vegetation removal or application of chemicals for vector control purposes where expressly required by written order of the Department of Environmental Health of the County of San Diego. • Maintenance and construction of private and public drainage facilities to the extent approved or required by written order of the Director of Public Works for the express purpose of reducing an identified flooding or drainage hazard. All maintenance of drainage facilities pursuant to this exception shall not be initiated until all applicable federal, state and local permits (e.g., California Section 1600 Streambed Alteration Agreement, County Watercourse Permit) have been obtained." 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 DDA0212. 6. The colors and materials specified on the Building Plans must be consistent with the colors and materials shown on the Site Plan and colored materials sheet approved by the Planning Commission. 7. A graffiti resistant treatment shall be specified for all first-floor 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 building 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. PC Resolution DR18-0010 Page 5 10. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the Architectural Plans. 11. Prior to issuance of Grading and Building Permits,the Applicant shall demonstrate compliance with all the Palomar Gateway Specific Plan Mitigation Monitoring Reporting Program (NMtP) applicable conditions. Land Development Division/Landscape Architecture Division 12. The following fees will be required based on the Final Building Plans submitted. Please see reference to fee schedule @: http://www.chulavistaca.gov/home/showdocument?id=8129 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. Parkland Acquisition and Development Fees (PAD) f. Other Engineering Fees as applicable per attached Master Fee Schedule 13. 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. Street Improvement Plans/Construction Permit 14. 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. 15. 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 Title 15.04. The Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements. 16. The Owner 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. 17. The Applicant must obtain, if exporting material, a letter from the site accepting the material prior to issuance of Grading Permit. In addition, a Transportation Permit is required prior to issuance of a Grading Permit. (http://www.chulavistaca.gov/departments/development- services/land- development/permit-process). 18. The Applicant shall obtain all required Regulatory Agencies Permits for any proposed work within the wetland areas of the Project. PC Resolution DR18-0010 Page 6 19. The Applicant shall obtain a Construction Permit prior to Building Permit issuance,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 Industrial Blvd. • Construction of(1) driveway on Industrial Blvd. • Widen and improve Industrial Blvd along the project frontage with appropriate transitions to existing conditions. • New 8-foot-wide sidewalk in 15-foot-wide parkway along the project frontage. • 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. 20. 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. 21. All proposed sidewalks,walkways,pedestrian ramps, and accessible parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disability's Act (ADA) Standards, and Title 24 standards, if applicable. 22. 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. 23. Prior to issuance of any Building Permit, a lot consolidation must be approved to consolidate the two existing legal lots contained on the Project Site. Building Division 24. This Project must be designed by an Architect or Engineer licensed by the State of California. [California Business and Professional Code 5536.1, 6735]. 25. The Applicant shall provide a Note on the cover sheet indicating this Project will comply with 2016 California Building Code,2016 California Energy Code,2016 California Fire Code,2016 California Electrical Code, 2016 California Plumbing Code, 2016 California Mechanical Code, and 2016 California Green Standards Code as adopted and amended by the State of California and the City of Chula Vista. IV. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: PC Resolution DR18-0010 Page 7 26. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved Landscape Plan. Landscaping shall be maintained by the owner and successor in perpetuity, including any street trees in the right of way. 27. 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. 28. 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 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. 29. 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. V. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90- day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. VI. 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. PC Resolution DR18-0010 Page 8 Signature of Property Owner Date Printed Name of Property Owner Date Signature of Applicant Date Printed Name of Applicant Date VII. 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 consider in a noticed public hearing conducted under Section 19.14.270 of the Municipal Code whether 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. VIII.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. However, in such an event, the Property Owner/Applicant shall have the right, by paying applicable processing fees, to bring a request for a Conditional Use Permit without the "invalid" conditions(s) back to the discretionary body which approved the Permit for a determination by that body as to whether all of the findings necessary for the issuance of the proposed permit can still be made in the absence of the"invalid" condition(s). Such hearing shall be a hearing de novo, and the discretionary body shall have the absolute right to approve, disapprove, or modify the proposed Permit and the condition(s) contained therein. Presented by: Approved as to form by: Tiffany Allen Glen R. Googins Director of Development Services City Attorney PC Resolution DR18-0010 Page 9 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, Board Secretary