HomeMy WebLinkAboutReso 2020-282RESOLUTION NO. 2020-282
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DESIGN REVIEW PERMIT
DR18-0028 TO CONSTRUCT 18 THREE-STORY BUILDINGS
TOTALING 104,416 SQUARE FEET, CONSISTING OF 141
TOWNHOMES ON A 6.94 ACRE SITE LOCATED AT 676
MOSS STREET, WEST OF BROADWAY AND EAST OF
INDUSTRIAL BOULEVARD
WHEREAS, on December 7, 2018, a duly verified application requesting approval of a
Tentative Subdivision Map (PCS18-0006, Chula Vista Tract No. 18-0006), Major Planning
Application (MPA18-0015), Rezone (PCZ18-0001), Design Review (DR18-0028), Variance
(ZAVI 8-000 1) and Initial Study (18-0004) were filed with the City of Chula Vista Development
Services Department by Shopoff Realty Investments, LLC (Applicant); and
WHEREAS, said Applicant requests approval to consolidate 7.29 acres into one -lot 6.94
acre Condominium Subdivision and a Design Review Permit for the construction of 141
townhomes for individual ownership with 2 car garages, 54 guest parking spaces, and 1.72 acres
of open space, including a 0.42 acre private recreational facility (Project) on said Project Site
(Proj ect); and
WHEREAS, the area of land that is the subject of this Resolution is an existing site
consisting of three contiguous parcels (APN's 618-010-26, 618-010-30, 618-010-31) located
north of Moss Street, between Industrial Boulevard and Broadway (Project Site); and
WHEREAS, the area of land that is the subject of this Resolution is an existing 7.29 acres and
consolidated to a 6.94 acres parcel located at 676 Moss 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 conducted an Initial
Study, IS 18-0004. Based upon the results of the Initial Study, the Director of Development
Services has determined that the Project could result in significant effects on the environment.
However, revisions to the Project made by or agreed to by the Applicant would avoid the effects
or mitigate the effects to a point where clearly no significant effects would occur; therefore, the
Director of Development Services has caused the preparation of a Mitigated Negative
Declaration, IS 18-0004, and associated Mitigation, Monitoring and Reporting Program; and
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a duly noticed public hearing on the Project and recommended that the City
Council adopt the Resolution approving the Variance; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this Project, and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of these proceedings; and
Resolution No. 2020-282
Page No. 2
WHEREAS, the City Clerk set the time and place for a hearing on the Project, 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 within 500 feet of the exterior
boundaries of the property, at least 10 days prior to the hearing; and
WHEREAS, a duly noticed public hearing was held before the City Council of the
City of Chula Vista to approve the Proj ect.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and
determine as follows:
1. That the proposed development will be consistent with the City of Chula Vista's General
Plan, Title 19 of the Municipal Code, and the Chula Vista Design Manual.
Upon amendment of the General Plan from Limited Industrial to High Density and Rezone
from ILP to R-3 by City Council, the residential project will be permitted as proposed within
the R-3 Zone. The proposed 141 -unit, 1 -lot condominium use is consistent with the RH
General Plan designation and within the range of 18-27 du/ac with 20.4 du/ac. The Project is
consistent with the development regulations as stipulated in the R-3 Zone for height, parking,
landscaping and setbacks. The front yard setback is supported by variance (ZAVI 8-0001 due
to a physical site constraint in regard to two underground box culverts bisecting the parcel
site from the east side of the parcel to the west resulting in a shift of buildings 11-17 south to
allow for a 45 -foot easement and encroachment of 5 -feet into front yard setback. The design
of the townhomes meets the intent of the Chula Vista Design Manual by providing
architectural details, variation in color scheme, materials, and vertical distinction in roof
heights.
2. The design features of the proposed development are consistent with, and are a cost-
effective method of satisfying, the City of Chula Vista Design Manual and Landscape
Manual.
The architecture throughout the site is a modern housing design. The building mass is
articulated by horizontal and vertical plane offsets, including balconies and awnings
providing variety and interest. Use of color and materials accentuates architectural features
that break up the fagade and roof line. The building facades include a variety of building
materials and colors, including a mix of stucco, horizontal lap siding and horizontal railing
that were added along the exterior elevations to avoid a monotonous design. The building's
fenestration allows those passing by to see welcoming large windows and balconies designed
in a harmonious pattern. The overall design, form and scale of the building fit within the
guidelines of the Chula Vista Design Guidelines and are complimentary to the residential
character adjacent to the Project Site.
Resolution No. 2020-282
Page No. 3
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, BASED ON THE
FINDINGS ABOVE, approves the Design Review Permit subject to the following conditions:
I. The following shall be accomplished to the satisfaction of the City, prior to issuance of
building permits, unless otherwise specified:
Planning Division
1. The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Planning Division, the
conditions contained herein, and 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 DDA0367.
3. Prior to the approval of building permits, 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 City Council on December 8, 2020.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted for any building and wall plans and shall be reviewed and approved by the
Development Services Director prior to the issuance of building permits. Additionally,
the project shall conform to Sections 9.20.05 5 and 9.20.03 5 of the CVMC regarding
graffiti control.
5. All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets as required by the Development Services Director. Such screening
shall be architecturally integrated with the building design and constructed to the
satisfaction of the Development Services Director.
6. All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping to the
satisfaction of the Development Services Director.
7. All exterior lighting shall include shielding to remove any glare from adj acent residents.
Details for said lighting shall be included in the architectural plans and shall be reviewed
and approved to the satisfaction of the Director of Development Services, prior to the
issuance of the building permit.
8. The Applicant shall obtain approval by the Development Services Department of a sign
permit for each sign. Signs shall comply with all applicable requirements of the
Municipal Code.
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Page No. 4
9. Applicant shall implement, to the satisfaction of the Development Services Director, the
mitigation measures identified in the Mitigated Negative Declaration (IS18-0004) and
Mitigation Monitoring and Reporting Program.
Land Development Division/Landscape Architecture Division
10. All driveways, monuments signs, utility boxes and fire hydrant locations shall comply
with the sight visibility requirements of City of Chula Vista Municipal Code Sections
12.12.120 and 12.12.130, and City of Chula Vista Chula Vista Sight Design Standard
CVD-TR07B.
11. Improvements (such as fences, asphalt ramps, signs, etc.), and all private facilities (if
applicable) located within Public right-of-way or City easement will require an
Encroachment Permit.
12. The Applicant, or his/her successors in interest, shall enter into a Storm Water
Management Facilities Maintenance Agreement to perpetually maintain all BMP's
facilities located within the Project prior to the issuance of any Grading or Building
Permits, whichever occurs first.
13. The Applicant, or his/her successors in interest, shall be required to pay Land
Development Fees based on the final approved Building Plans for the Project:
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 City of Chula Vista Master Fee
Schedule.
14. The Applicant, or his/her successors in interest shall be required to pay additional
deposits or fees in accordance with the City Subdivision Manual, and Master Fee
Schedule for the submittal of the following items:
a. Grading Plans
b. Street Improvement Plans
c. Final Map
15. The Applicant, or his/her successors in interest, shall submit CC&R's as approved by the
City Attorney to the City Engineer and the Director of Development Services Department
for approval prior to approval of the Final Map. Said CC&Rs shall be consistent with
Chapter 18.44 of the Subdivision Ordinance and shall include the following:
a. Indemnification of City
b. Indemnification of City for private sewer spillage.
c. Listing of maintained private facilities.
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Page No. 5
d. The City's right but not the obligation to enforce CC&R's.
e. Provision that no private facilities shall be requested to become public.
f. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, (including the private sewer pump station and all
systems and appurtenance [the "private pump station"]), drainage structures and
landscaping.
g. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
16. The CC&Rs shall include the following obligations of the HOA regarding the private pump
station:
a. The HOA is responsible for all costs, in perpetuity, associated with the pumping
system, including but not limited to operations, maintenance, electrical costs and
capital improvements (e.g. replacement and rehabilitation costs).
b. The HOA budget shall include the private pump station Operations and
Maintenance (O&M) costs for the 86 units north of the Army Corps of Engineers
(ALOE) Telegraph Canyon Channel, and shall disclose to the HOA members that
this cost is an additional cost for their sewage besides the regular City billing that
will be on the property tax rolls since this is part of the Montgomery Annexation
area and Chula Vista bill's Montgomery area parcels on the tax rolls, not the
water bill and not through Finance Department billing.
c. The HOA acknowledges that the City of Chula Vista declines to accept the
private pump station, appurtenances and any part thereof, at any time, including
but not limited to ownership, operations, maintenance, or the impacts resulting
from its maintenance or operation. Odor and noise control are included in the
definition of operations and maintenance.
d. The HOA shall not seek to be released by the City from the maintenance
obligations, reconfigurations or upgrades of the private pump station and all
associated infrastructure.
e. Upon the sale of a new home, which is subject to the private pump station fees,
any person engaged in the business of real estate sales shall disclose the existence
of the private pump station and the obligation for the buyer to pay for their
equitable share of the on-going costs associated with the private pump station in
perpetuity as the City declines to accept the private pump station. The costs of the
private pump station shall be identified as being in addition to the sewer fees
issued by the City for transport and treatment of sewerage. The disclosure form
shall be presented as annual life cycle costs which include at a minimum the
following line items: operations, utility expenses, maintenance, and capital
improvements including replacement and rehabilitation costs. Costs should be
projected out over the lifespan of the system and annualized. A plat of the pump
sewer area of benefit shall also be included in the documents. This disclosure
shall take place before any binding commitment is made either by the seller to sell
the property to a specific buyer or by the buyer to purchase the property and shall
be signatory acknowledged. The form shall be in triplicate with original to be
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Page No. 6
returned to seller and one copy to buyer and one copy to "City of Chula Vista -
Attention: Development Services Dept. Project Manager."
f. No modifications to the private pump station can proceed without written consent
of the City Engineer and where applicable the ALOE, including but not limited to
the channel crossing and ACOE easement.
17. The Applicant, or his/her successors in interest, shall submit evidence, acceptable to the
City Engineer and the Director of Development Services of the formation of a HOA prior
to Final Map approval.
18. The Applicant, or his/her successors in interest, shall submit a HOA budget, prior to Final
Map approval for review and approval by the City Engineer for the operation,
maintenance, inspection and long term replacement costs of private streets, pavements,
sidewalk, storm drains systems, water quality facilities, sewage systems, private pump
station, street trees, street lights including power supply, street sweeping, and landscaping
of private common areas
19. Prior to approval of the Final Map, the Applicant, or his/her successors in interest shall
present verification to the City Engineer in the form of a letter from the Sweetwater
Authority that the subdivision will be provided adequate water service and long-term
water storage facilities.
20. The Applicant, or his/her successors in interest, must 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. Developer shall submit Grading
Plans in conformance with the City's Subdivision Manual and the City of Chula Vista
BMP Design Manual.
21. Prior to the issuance of any Construction or Grading Permit which impacts offsite
property, Developer shall deliver to the Development Services Director and City
Engineer, a notarized letter of permission to construct or grade for all off-site grading.
22. The Applicant, or his/her successors in interest, shall ensure that all private lot drainage
and slopes comply with the current Building Code used by the City of Chula Vista.
23. The Applicant, or his/her successors in interest, shall obtain Army Corps of Engineer
(ALOE) District Engineer Section 408/404 permit approval, as required, prior to any
construction activities within the Telegraph Canyon Channel Easements. ACOE Permit
requirements must be incorporated into the Project.
24. The Applicant, or his/her successors in interest, shall obtain FEMA approval, if required,
prior to any alteration or new connection to the existing 2-12 ft x 10 ft RCP box culvert
located in the floodplain within the Project.
25. The Applicant, or his/her successors in interest, shall obtain all required permits and
approvals from the ACOE for the proposed private pump station (e.g. force mains,
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Page No. 7
appurtenances, etc.) crossing their structure and easement prior to grading permit
issuance or any construction activities within the Telegraph Canyon Channel Easements
(double RCB drainage culvert). The Applicant, or his/her successors in interest, shall
ensure that the design of the private pump station, including but not limited to the pump,
force mains, and appurtenances, meet the design requirements of the ALOE.
26. The private pump station final design shall adhere to the Chula Vista Subdivision
Manual, reference Section 3 -3 00 and 304
(https://www.chulavistaca.gov/home/showdocument?id-7819), federal, state and local
regulations prior to grading plans approval.
27. Due to the proximity to the channel (i.e., water way) a minimum of 8 hours of emergency
storage is required verses the standard 6 hours as described in Section 3-304(4) of the
Subdivision Manual. The location of said storage must be approved by the ALOE &City
Engineer prior to grading plan approval.
28. The private pump station requires continuous operation (i.e., 24 hours/7days a week/365
days per year operation) and shall be located to allow access to it at all times. The
Applicant, or his/her successors in interest, shall provide a Pump Operations Plan and
Emergency Response Plan, reference Section 3-304 (8) for minimum response
requirements prior to grading plan approval.
29. Any routing or connection to the existing public drainage system shall be designed per
public standards and to the satisfaction of the City Engineer and Public Works Director
prior to approval of the Grading Plans. Access to existing and future public drainage
facilities shall be accommodated via public drainage easements and paving to
accommodate H2O wheel loading.
30. At all times, the project shall comply with the City of Chula Vista MS4 Permit and the
City of Chula Vista BMP Design Manual.
31. A Noti ce-o f- Intent (NOI) must be filed with the SWRCB for projects covered under the
CGP. A copy of the acknowledgement from the SWRCB 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 SWRCB showing the Permit Number for this Project
shall be filed with the City of Chula Vista when received.
32. Prior to issuance of a Building Permit for the Project the Applicant, or his/her successors
in interest, shall obtain a Construction Permit from the Land Development Division of the
Development Services Department to perform the following work in the City's right-of-
way as specifically shown and modified on the Tentative Map dated November 2020:
a. Construct half -width street improvements along Moss Street along the entire
frontage of the subject property in accordance with City Standards.
Improvements shall include, but not be limited to, monolithic curb, gutter and
sidewalk per SDRSD G-3, driveway and driveway approaches per Chula Vista
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Page No. 8
Construction Standard GSI -01, asphalt concrete paving, processed miscellaneous
base, drainage facilities, and street trees. Design shall be in accordance with
CVD-ST06.
b. Transitions to existing street improvements along Moss Street shall include curb,
gutter, sidewalk, and asphalt pavement needed to match existing pavement as
required by the City Engineer.
c. Installation of driveways meeting design standards as shown in Chula Vista
Construction Standard GSI -01. Dedication of right of way (R/W) as needed in
order for driveways to comply with (Americans with Disabilities Act) ADA
requirements.
d. Installation of pedestrian ramps across the proposed driveways on Moss Street per
SDRSD G-27, SDRSD G-31.
e. Installation of Cross Gutter along Moss Street per SDRSD G-12.
f. Installation of a sewer manhole per SDRSD S-2 is required at the connection of
the 8" sewer lateral to the main public sewer line along Moss Street.
g. Utilities Trenching and Restoration per Chula Vista Construction Standard GSI -
03.
h. All proposed sewer laterals shall have clean outs at the property line; and shall be
in accordance with SDRSD SS -01.
i. Any existing sewer laterals on Moss Street no longer to be used for the Project,
must be abandoned in place as approved by the City Engineer & City Inspector.
j . The existing 27 -foot wide double box culvert shall have existing easements
widened by a proposed adjoining easement strip for a total easement width of 45
feet. Easements extend 25 feet southerly and 20 feet northerly of the box culvert
centerline. The culvert drainage easement shall have access maintained at all
times. No permanent structures are to be allowed within the easement without
Prior approval from the City of Chula Vista and the Army Corps of Engineers.
Removal of encroachments will be at the owner's expense.
k. The proposed closure of any existing driveways shall be replaced with a curb,
gutter, and sidewalk per SDRSD G-3.
33. The Applicant, or his/her successors in interest, shall bond for Public Improvements prior
to Final Map approval for the development of the Project. Said facilities shall be
designed and constructed in compliance with City standards. A Construction Permit will
be required for all work to be accomplished within street right-of-way.
34. 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.
35. Prior to approval of any Construction Permit, Developer shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer.
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Page No. 9
36. The Applicant, or his/her successors in interest, at his own expense shall relocate or
abandon any water utility services in conflict with the driveway on Moss Street. Said
relocations shall conform to Sweetwater Authority Standard Drawings. All water
services will have to be extended at owner's expense to accommodate for the right -of
way boundary change.
37. All sewer and private storm drain systems shall be privately maintained from each
building to the City maintained public facility.
38. Any gates serving this site shall be automatic and have an Opticom Strobe system, Knox
override switch, and click -to -enter system. Design shall be approved by the Fire
Marshall prior to Final Map approval or issuance of the first Building Permit whichever
occurs first. Developer is responsible for obtaining all required offsite easements needed
for said access.
39. The Applicant, or his/her successors in interest, shall pay Parkland Acquisition and
Development fees, at the rates in effect at the time of payment, per CVMC Chapter 17.10
& Ordinance No. 332 approved November 18, 2014, prior to final inspection of each unit.
40. Prior to issuance of a Grading Permit resolve conflicts between modular wetlands and
tree planting to the satisfaction of the Director of Development Services.
►iVA''1►
41. The Project will require the filing of a Condominium Final Map in accordance with
Sections 66426 and 66427 of the Subdivision Map Act. Developer shall enter into an
agreement prior to approval of the Final Map to secure all Public Improvements required
for the development of the Project.
42. The Applicant, or his/her successors in interest, shall Grant on the Final Map an
Irrevocable Offer of Dedication of 36 feet from the centerline to the City along the
Project's frontage along Moss Street as shown on the Tentative Map.
43. The Final Map shall show the existing 27 -foot wide double box culvert easement and
shall have existing box culvert easements widened by a proposed adjoining easement
strip for a total easement width of 45 feet. Easements extend 25 feet southerly and 20 feet
northerly of the box culvert centerline. The culvert drainage easement shall have access
maintained at all times. No permanent structures are to be allowed within the easement
without prior approval from the City of Chula Vista and the Army Corps of Engineers.
Removal of encroachments will be at the owner's expense.
44. Prior to Final Map approval, the Applicant, or his/her successors in interest shall upload
copies of the Final Map and Site Improvement Plan in digital format such as AutoCAD
DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal
geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to
the GIS section using the city's digital submittal file upload website at
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Page No. 10
htt-p://www.chulavistaca.gov/goto/GIS. oto/GIS. The data upload site only accepts zip formatted
files.
45. The Project shall comply with approved General Plan Amendment MPA 18-0015, Rezone
PCZ 18-0001, Tentative Map PCS 18-0006, Design Review DR18-0028, and Variance
ZAV 18-0001, and the City of Chula Vista Standard Tentative Map Conditions, as
attached hereto, or on file in the Development Services Department, and incorporated
herein.
46. The Applicant shall pay in full any unpaid balance for the Project, including Deposit
Account No. DDA0367.
47. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Mitigation Monitoring
and Reporting Program (MMRP) for the Project, within the timeframe specified in the
MMRP .
48. Prior to approval of the Final Map or Grading Plan for the Project, the Engineer -of -Work
shall submit and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map and not conforming to adopted
City standards. The Engineer -of -work request shall outline the requested subdivision
design deviations from adopted City standards and state that in his/her professional
opinion, no safety issues will be compromised. The waiver is subject to approval by the
City Engineer in the City Engineer's sole discretion.
Grading:
49. Grading Plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for
landscaping and maintenance access adjacent to the wall.
50. Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved Landscape and Irrigation Plans to the
satisfaction of the Development Services Director.
51. Prior to the issuance of any Construction or Grading Permit which impacts offsite
property, the Applicant shall deliver to the Development Services Director and City
Engineer, a notarized letter of permission to construct or grade and drain for all off-site
grading.
52. The Applicant shall ensure that all private lot drainage and slopes comply with the
current Building Code used by the City of Chula Vista.
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Parks:
53. The Applicant, or his/her successors in interest, shall pay Parkland Acquisition and
Development fees, at the rates in effect at the time of payment, per CVMC Chapter 17.10
& Ordinance No. 332 approved November 18, 2014, prior to final inspection of each unit.
Fire Department
54. Prior to approval of a building permit, 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.
55. Prior to approval of a building permit, the Applicant shall provide the water supply data
required to accompany an underground submittal. The Applicant shall provide a water
flow letter from the applicable water agency having jurisdiction indicating fire flow is
available to serve this project. 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. No reductions in fire flow will be
granted for buildings protected throughout by an approved automatic fire sprinkler
system.
56. Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site
fire hydrants and mains shall be provided. Prior to occupancy, the Project will require on-
site hydrants. In addition, the fire hydrant service will need two points of connection due
to the number of required fire hydrants.
57. Fire Hydrants shall be spaced in accordance with CA Fire Code, Appendix C.
58. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD
standards.
59. Fire apparatus access road obstruction: Automatic gates shall be provided with both an
Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to
operate the gate upon the loss of power.
60. Buildings shall be provided with a Knox Vault at every Fire Control Room.
61. The buildings shall be addressed in accordance with the following criteria:
• 0-50 ft. from the building to the face of the curb = 6 -inches in height with a 1 -inch
stroke
• 51-150 ft. from the building to the face of the curb = 10 -inches in height with a 1 %2 -
inch stroke
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• 151 ft. from the building to the face of the curb = 16 -inches in height with a 2 -inch
stroke
62. Grades for any access roadway shall be restricted to the following:
• Asphalt < 11 %
• Concrete — > 11 %
63. Prior to occupancy, an automatic fire sprinkler and fire alarm system will be required to
be installed per the Fire Departments regulations.
Public Works, Environmental Division
64. Prior to the approval of a building permit, the Applicant shall develop and submit a
"Recycling and Solid Waste Management Plan" to the Conservation Coordinator for
review and approval as a part of the permit process. The plan shall demonstrate those
steps the applicant will take to comply with Municipal Code, including but not limited to
Section 8.24, 8.2 5, and 19.5 8.3 40 and meet the State mandate to reduce or divert at least
50% of the waste generated by the residential developments. The applicant shall contract
with the City's franchise hauler throughout the construction and occupancy phase of the
project. The "Recycling and Solid Waste Management Plan" features shall be identified
on the building plans.
65. Prior to the approval of a building permit, the Applicant shall submit the required
performance deposit fee.
lI. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
66. The site shall be developed and maintained in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Planning Division, the
conditions contained herein, and Title 19.
67. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved landscape plan.
68. 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.
69. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council 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 and (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. The Property Owner and Applicant shall acknowledge their agreement to
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Page No. 13
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.
70. This Design Review Permit shall become void and ineffective if not utilized within three
years from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any conditions of approval shall cause this
permit to be reviewed by the City for additional conditions or revocation.
III. 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.
Brian G. Rupp, Property Owner bate
�r ,
, K -2—�-
Brian G. Rupp, Applicant Date
IV. 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 Section 66020(a) and failure
to follow timely 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.
Resolution No. 2020-282
Page No. 14
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 REVOCATI®N
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.
[SIGNATURES ON THE FOLLOWING PAGE]
Presented by
Tiffany Allen
Director of Development Services
Resolution No. 2020-282
Page No. 15
Approved as to form by
Gfen R. Go gins
Cit Aqo. - e
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of December 2020 by the following vote:
AYES: Councilmernbers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmernbers : None
ABSENT: Councilmernbers: None
ATTEST:
erry T. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
4
f
Mary Cas' as Salas, Mayor
G
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-282 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 8th day of December 2020.
Executed this 8th day of December 2020.
hp.--'kerry .Bigelow, MMC, City Clerk