HomeMy WebLinkAboutDR18-0016 DocuSign Envelope ID:9FFAAC34-6CEB-41CA-A04E-275C3BC07FAB
RESOLUTION NO. DR18-0016
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING DESIGN REVIEW PERMIT, DR18-0016 TO
CONSTRUCT SIXTEEN (16) CONDOMINIUM UNITS WITH PARKING,
RECREATION AREA, AND ASSOCIATED OPEN SPACE ON 0.6-ACRES
LOCATED AT 354 MOSS STREET
WHEREAS, on August 14, 2018, a duly verified application for a Design Review Permit
(DR18-0016)was filed with the City of Chula Vista Development Services Department by Abdel
Alomar(the"Applicant"); and
WHEREAS,the application requests approval to construct sixteen(16)condominium units
with parking,recreation area,and associated open space on approximately 0.6-acres located at 354
Moss Street(the"Project"); and
WHEREAS, the area of land that is the subject of this Resolution is an existing 0.60-acre
parcel located at 354 Moss Street(the"Project Site"); and
WHEREAS,the Director of Development Services has reviewed the Project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Project
qualifies for a Categorical Exemption pursuant to Section 15332 (In-fill Development Projects)of
the State CEQA Guidelines. Thus, no further environmental review is required; and
WHEREAS, the Director of Development Services set a hearing before the Planning
Commission for the consideration of and recommendation on Design Review Permit,DR]8-0016.
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, 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 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 that the Planning Commission of the City of
Chula Vista hereby makes the following findings:
1. That the proposed development will be consistent with the City of Chula Vista's General
Plan, Title 19 of the Municipal Cade, and the Urban Care Specific Plan land use
designations.
The Project is consistent with the City of Chula Vista's General Plan and Title 19 of the
Municipal Code. The architecture and building materials consist of varied facades and roof
articulation, balconies and patio, window shutters, awnings, arched openings, columns, and
Attachment 4
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other architectural features to enhance the building. Enhanced landscaping will be provided
throughout the site. A BBQ area with bench seating, and a recreation building will provide
amenities for the residents.
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 design features are a cost-effective method of satisfying, the City of Chula Vista Design
Manual and Landscape Manual. The design of the building incorporates several desired
features in accordance with the City of Chula Vista Design Manual such as varied facades and
roof articulation, balconies and patio, window shutters, awnings, arched openings, columns,
and other architectural features to enhance the building. Several open space areas have been
provided in addition to private open spaces area to satisfy the requirements of the Landscape
Manual.
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:
1. 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 DDA0276.
2. The colors and materials specified on the Building Plans shall be consistent with the colors
and materials shown on the Site Plan and materials board approved by the Planning
Commission.
3. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall
be noted for any building and wall. Additionally,the Project shall conform to Chapter 9.20
of the Chula Vista Municipal Code (CVMC) regarding graffiti control.
4. 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 Director of Development Services. Such screening
shall be architecturally integrated with the building design and constructed to the
satisfaction of the Director of Development Services.
5. 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
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concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Director
of Development Services.
6. All exterior lighting shall include shielding to remove any glare from adjacent 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 first Building Permit.
7. The Applicant shall obtain approval of a sign permit for each sign by the Development
Services Department. Signs shall comply with all applicable requirements of the CVMC.
Land Development Division/Landscape Architecture Division:
8. The Applicant shall comply with all applicable City of Chula Vista Standard Tentative Map
Conditions per Section 5-300 of the City Subdivision Manual, as approved and amended
from time to time, to the satisfaction of the Director of Development Services and City
Engineer.
9. The following fees will be required based on the Final Building Plans submitted. Please
see reference to fee schedule at:
httv://www.chulavistaca.gov/hot-ne/showdocumeiit?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. Other Engineering Fees as applicable per attached Master Fee Schedule.
10. 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
c. Final Map
11. Payment of the Parkland Acquisition and Development (PAD) fee per dwelling unit is
required prior to final inspection in accordance with CVMC 17.10. 100, as amended by
Ordinances 2010-3163 and 2014-3324.
12. All driveways,monuments signs,utility boxes and fire hydrants location 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.
13. Any private facilities within Public right-of-way or City easement will require an
Encroachment Agreement approval prior to Grading plan or Building Permit
approval/issuance.
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14. Proposed Fire Access Road shall meet H-20 Loading requirements or shall be designed for
a Traffic Index (T.I.) of 5.
15. Street or driveway within the complex shall be designated as private.
16. Sewer lateral and storm drain connections to existing public utilities. The Public Works
Operations Section will need to inspect any existing sewer laterals and connections that are
to be used by the new development. Laterals and connections may need replacement as a
result of this inspection.
17. 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 Developer shall submit Grading Plans in conformance with the
City's Subdivision Manual and the City's Development Storm Water Manual and the City
of Chula Vista Best Management Practices(BMP) Design Manual.
18. Prior to approval of a Grading, Building or Construction Permit, Project shall comply
with all requirements of the MS4 Permit and City of Chula Vista BMP Design
Manual, December 2015 and as amended (BMP Design Manual) for both
construction and post-construction phases of the project. Prior to any Permit
issuance,documentation shall be provided,to the satisfaction of the City Engineer,
to demonstrate such compliance. A copy of the BMP Design Manual is available
on the City of Chula Vista website at:
http://www.chulavistaca. og v/departments/public-works/services/storm-water-pollution-
prevention/documents-and-reports.
19. The Applicant shall enter into a Storm Water Management Facilities Maintenance
Agreement to perpetually maintain private biofiltration basins, and all BMP's facilities
located within the Project prior to the issuance of any Grading or Building Permits,
whichever occurs first.
20. All construction sites are required to implement Construction BMPs in accordance with
the performance standards outlined in Appendix K of the BMP Design Manual. In general:
a. For projects disturbing less than one (1) acre, a Construction Storm Water Pollution
Control Plan (CSWPCP) is required that identifies the pollution prevention measures that
will be taken to comply with City standards.
21. The Applicant 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 prior to obtaining any Building Permit for the Project:
a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk
per SDRSD G-02,and G-07 along the project's frontage to the satisfaction of the
City Engineer. Sidewalk shall be designed and constructed with proper
transitions to existing conditions.
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b. Removal and replacement of existing driveway(s) meeting design standards as
shown in Chula Vista Construction Standard GSI-01. Current Driveway(s) shall
be replaced, if it does not meet the City of Chula Vista Design Standards/ADA
Standards, or if existing driveway is cracked or broken. Dedication of R/W as
needed in order for driveway to comply with (American Disability Act) ADA
requirements.
c. Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
d. Utilities Trenching and Restoration per GSI-03.
22. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
23. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Municipal Code.
24. The onsite sewer and storm drain system shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City-maintained public
facilities.
25. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, American's with Disabilities
Act(ADA) Standards, and Title 24 standards, as applicable.
26. 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.
27. Prior to approval of any Final Map, Developer 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.
28. For all mapping purposes, use benchmarks within the City of Chula Vista Benchmark
network.
29. Prior to Final Map or Grading,the Applicant shall upload copies of the Street Improvement
Plan, Grading Plan, 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 @
http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted
files.
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30. 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 applicable Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be
under grounded prior to the issuance of Building Permits.
31. Prior to approval and issuance of the first Building Ppermit, the Applicant shall submit
complete landscape construction documents for approval demonstrating that the installed
landscape will comply with the City of Chula Vista Landscape Water Conservation
Ordinance (LWCO), Chapter 20.12 of the Municipal Code.
Fire Department;
32. 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.
33. Prior to the issuance of Building Permits, the Applicant shall provide a water flow letter
from the applicable water agency having jurisdiction indicating that the fire flow is
available to serve this project
34. Where a portion of the building is more than 400 feet from a fire 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. At least one on-site private hydrant is required
for this project due to this dimension being exceeded.
35. Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C.
36. The design and permitting of private fire service underground piping shall be through a
separate permit through the fire department. Any private fire service underground piping
shown on improvement plans shall be for reference/conceptual only.
37. Fire apparatus access roads shall be provided for every facility or building and shall extend
to within 150 feet of all portions of the facility and all portions of the exterior walls of the
first story of the building as measured by an approved route around the exterior of the
building.
38. The Project is to be protected throughout by an approved automatic fire sprinkler system.
Group R-3 occupancies required individual fire sprinkler systems installed in accordance
with NFPA 13D/CA Res Code served from the domestic meter. Group R-2 occupancies
required individual fire sprinkler systems installed in accordance with NFPA 13R served
from dedicated fire service laterals.
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39. Group R-2 occupancies served by a NFPA 13R system are to be protected throughout by
an approved fire sprinkler monitoring system.
11. The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
40. Approval of this request shall not waive compliance with any sections of the CVMC, nor
any other applicable City Ordinances in effect at the time of Building Permit issuance.
41. 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 and (b) City's approval or issuance of any other
permit or action,whether discretionary or non-discretionary, in connection with the Design
Review Permit contemplated on the Project Site. 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.
42. All of the terms,covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Developer as to
any or all of the Property.
43. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan;the City's Growth Management Ordinance; Chula Vista Landscape Manual,
Chula Design Plan and the Non-Renewable Energy Conservation Plan as amended from
time to time, unless specifically modified by the appropriate department head, with the
approval of the City Manager. These plans may be subject to minor modifications by the
appropriate department head,with the approval of the City Manager,however,any material
modifications shall be subject to approval by the Planning Commission.
44. If any of the terms, covenants or conditions contained herein shall 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 including issuance of Building
Permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted; institute and prosecute litigation to compel their compliance with
said conditions; and/or seek damages for their violation. The Applicant shall be notified
10 days in advance prior to any of the above actions being taken by the City and shall be
given the opportunity to remedy any deficiencies identified by the City.
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Planning Commission Resolution No. DR 18-0016
Page 8
M. GOVERNMENT CODE SECTION 66020 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 follow timely this procedure will bar any subsequent legal action to attack,
set aside,void or annual 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 the 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 AND RECORDATION 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 recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped
copy returned to the City's Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
the Property Owner/Applicant's desire that the project, and the corresponding application
for building permits and/or a business license, be held in abeyance without approval.
D $I$nW by:
QIlia 96%ar 5/1/2021
$EB$OFABFIAAOE]...
Signature of Property Owner Date
Abdel Alomar
Printed Name of Property Owner
CDocu$gm�a br:
um Q(.ewar 5/1/2021
SE89QFABF.+AME]_..
Signature of Applicant Date
Abdel Alomar
Printed Name of Applicant
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Planning Commission Resolution No. DR 18-0016
Page 9
V. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The Planning Commission does hereby find that the Project is in conformance with the
City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning
Ordinance.
VL 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 ab initio.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of April 2021, by the following vote, to-wit:
AYES: Burroughs, De La Rosa, Gutierrez, Milburn,Nava, Torres, Zaker
NOES: 0
ABSENT: 0
ABSTAIN: 0
Eal.vit,i, C-��iwve�y
Gabe Gutierrez, Chair
ATTEST:
Docusgn+n by:
D548A>8F4430484...
Patricia Salvacion, Secretary
Presented by: Approved as to form by:
Duv.u31°IMtl 4Y: Doc SgnM
by:
CCF 08508504448F..
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney