HomeMy WebLinkAboutDR20-0018RESOLUTION NO. DR20-0018
RESOLUTION OF THE CITY OF CHDLA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR20-
0018, FOR A CONVENIENCE STORE, A GAS STATION, AND A
CARWASH ON A 1.2 -ACRE SITE LOCATED NORTH OF THE LA
MEDIA PARKWAY AND MAIN STREET COUPLET IN OTAY
RANCH VILLAGE 8 WEST
WHEREAS, on September 2, 2020, a duly verified application for a Design Review Permit for a
Convenience Store, Gas Station and Car Wash (the "Project") was filed with the City of Chula Vista
Development Services Department by Land Solutions, Inc. (the "Applicant"); and
WHEREAS, pursuant to the Village 8 West Sectional Planning Area (SPA) Plan, Minor Design
Review (Administrative) is required for projects that include 20,000 square feet or less of non-residential
building area or 200 or fewer multifamily residential dwelling units. Minor Design Review requires
approval by the Zoning Administrator; however, the City of Chula Vista's consolidated review process
requires concurrent related projects to be processed together at the highest applicable level of approval; and
WHEREAS, Conditional Use Permit, CUP21-0018, is being processed concurrently with the
Project and requires Planning Commission approval and so the Project will also be considered by Planning
Commission; and
WHEREAS, the area of land which is the subject of the resolution is a 1.2 -acre vacant parcel located
along the northern edge of the La Media Parkway and Main Street couplet, identified as Assessor Parcel
Number (APN) 644-071-2000 (Project Site); and
WHEREAS, The Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the Project
was adequately covered in previously certified Final Environmental Impact Report (FEIR 10-03) (SCH
#2010062093) for the Otay Ranch Sectional SPA Plan - Village 8 West. Thus, no further environmental
review or documentation is required; and
WHEREAS, the hearing was held at the time and place as advertised, before the Planning
Commission, and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the City of Chula Vista Planning Commission, that
it hereby makes the following findings:
1. That the proposed development will be consistent with the Village 8 West SPA Plan, the
Landscape Master Plan, and the Master Precise Plan for the Town Center.
The Project is consistent with the Otay Ranch Village 8 West SPA Plan, the Landscape Master
Plan, and the Master Precise Plan (MMP) for the Town Center, in accordance with Section 9.3.2(A)
of the SPA. The Project is consistent with the uses and development regulations in the SPA plan.
The southern building is built close to the property line and is designed in a Contemporary European
style. The Project provides convenient community services and ample parking and access. The
landscape design provides color and screening for the future mixed-use development to the east.
All plant material selected is of a type know to be successful in the areas climatic and soil
conditions. Mandatory Elements required in the MPP are included, such as orientation of a
Resolution No. DR20-0018
Page 2
convenience store pedestrian entrance toward Main Street to activate the pedestrian corridor and
the Town Square edge.
2. The design features of the proposed development are consistent with, and are a cost-effective
method of satisfying, the Otay Ranch Village 8 West SPA Plan, Landscape Master Plan, and
Master Precise Plan requirements.
The Project's design features are a cost-effective method of satisfying the Otay Ranch Village 8
West SPA Plan, Landscape MasterPlan, and MMP. The Town Center Arterials have been designed
as urban couplets and extend through the heart of the Town Center as Main Street and La Media
Parkway. The Project's location, at the north end of the couplet, provides convenient community
services for residents and visitors. Irrigation for the site shall utilize underground sprinkler systems,
including low flow spray heads and sub -grade drip irrigation, in compliance with the City of Chula
Vista landscape Water Ordinance, Chapter 20.12 of the Chula Vista Municipal Code. The
irrigation system shall also utilize water saving devices including flow -sensing, min -sensing
devices and automatic control systems that either interface with CIMIS data or on-site weather
sensors. A 3" layer of organic mulch will be used where possible to reduce moisture loss.
Pedestrian and vehicular circulation routes are well-defined and designed to be intuitive and easily
discernible for appropriate and functional maneuverability and activity levels, in accordance with
the MPP design guidelines. Elements are included such as planter walls, seat walls, metal awnings
(for shade), and entryways to provide visual interest, functionality, and architectural relief along
the public frontage.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby
approves the Design Review Permit subject to the following conditions:
1. 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/Environmental Division
I. The Project Site shall be developed and maintained in accordance with the approved plans DR20-
0018, which include a Site Plan, Landscape Plans, Floor Plan, and Elevation Plan on file in the
Development Services Department, Planning Division, the conditions contained herein, and Chula
Vista Municipal Code (the "Municipal Code" or "CVMC") Title 19.
2. Prior to 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 -0738.
3. The colors and materials specified on the Building Plans must be consistent with the colors and
materials shown on the Project plans approved by the Planning Commission.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be
noted for any Building and Wall Plans. Additionally, the Project shall conform to CVMC Section
9.20.055 regarding graffiti control.
Resolution No. DR20-0018
Page 3
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. Such screening shall be architecturally integrated with the building design.
6. All ground mounted utility appurtenances such as transformers, air conditioning condensers, etc.,
shall be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, berming, and/or landscaping.
7. All exterior lighting shall include shielding to remove any glare from the adjacent property. 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.
8. The Applicant shall obtain approval of a Sign Permit for each sign. Signs shall comply with all
applicable requirements of the Municipal Code or the Applicant shall be required to submit a
Planned Sign Program for Planning Commission review and approval,
9. The Project shall comply with all mitigation measures specified in the Mitigation Monitoring and
Reporting Program for the Final Environmental Impact Report (FEIR 10-03) (SCH #2010062093)
for the Otay Ranch Sectional Planning Area SPA Plan - Village 8 West.
10. Prior to the approval of the first Building Permit, the designated noise consultant shall verify on
the Building Plans that construction of the carwash will incorporate the features and equipment as
specified in the approved Noise Study (prepared by Helix Environmental Planning on May 202 1)
or equipment with equivalent or lower noise specifications. This measure shall ensure that no
nuisance noise is generated as a result of the operation of this facility.
11. Prior to final inspection, a final noise inspection will be conducted to verify that all equipment is
consistent with the equipment cited in the noise study prepared by Helix Environmental Planning
on May 2021 or with equipment with equivalent or lower noise specifications.
12. Hours of operation for the carwash shall be limited to:
a. Weekdays: (7 a.m, to 10 p.m.)
b. Weekends: (7 a.m. to 10 p.m.)
Land Development Division/Landscape Architecture Division
13. Car washes are considered one of the industries regulated by the Metropolitan Industrial Waste
Program, since they are required to pre -treat their wastes before discharging to the Sewerage
System. These businesses are required to apply for an Industrial Waste Discharge Permit which is
regulated by the City of San Diego, Metropolitan Industrial Wastewater Control Program,
Applications for a permit should be obtained from Metropolitan Industrial Wastewater Control
Program, 9192 Topaz Way, San Diego, CA 92123-1119, Telephone: (858) 654-4100, Fax: (858)
654-4110. Prior to first Building Permit issuance, the Applicant shall provide proof of approved
permit from the City of San Diego, Metropolitan Industrial Wastewater Control Program.
14. The Applicant shall agree to not protest formation or inclusion in a maintenance district or zone for
the maintenance of landscape medians, scenic corridors along streets and public parks, within or
adjacent to the subject subdivision.
Resolution No. DR20-0018
Page 4
15. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance
with Section 12.12.120 of the Municipal Code and Chula Vista standard drawing RWY-05 (Sight
Distance Requirements). Also, landscaping, street furniture, or signs shall not obstruct the visibility
of the driver at the street intersections or driveways.
16. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for a Traffic
Index (T.I.) of 5.
17. Prior to issuance of Grading, Construction, and Building Permits, the Applicant shall document on
applicable plans compliance with the requirements pertaining to Best Management Practices
(BMPs). The Applicant shall develop and implement post construction BMPs in accordance with
the most recent regulations at the time of Grading and Building Permit issuance.
18. The Applicant shall provide the City with proof of Pad Certification prior to issuance of any
Building Permit within the Project.
19. The infrastructure fronting the site shall be constructed and fully operational before the Final
Building Inspection, all to the satisfaction of the Director of the Development Services Department.
20. The Applicant shall obtain a Construction Permit for private utility connections to the public mains
prior to Building Permit issuance. This may be accommodated by either processing a construction
change to the Master Developer's Improvement Plans or by applying for a separate Construction
Permit.
21. The Applicant shall obtain a Construction Permit to construct the private driveways and associated
signage and striping in the City's right-of-way, prior to issuance of any Building Permit. This may
be accommodated by processing a construction change to the Master Developer's Improvement
Plans.
22. Before issuance of the first Building Permit, the Applicant shall provide a "Will Serve" letter from
Cray Water District.
23. The following fees may be adjusted based on the final Building Plans submitted:
a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees (PFDIF)
it. Eastern Transportation Development Impact Fees (ETDIF)
e. Other Engineering Fees as applicable per the Master Fee Schedule.
24. Prior to the approval of the first Building Permit, the Applicant shall submit duplicate copies of the
Project plans in digital format, such as (DXF) graphic file, on a CD or through e-mail based on
California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City's
Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed
sewer or storm drain on site.
25. 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. The Applicant shall submit Grading Plans in conformance with the City's Subdivision
Resolution No. DR20-0018
Page 5
Manual and the City's Development Storm Water Manual requirements, including, but not limited
to the following:
a. Grading Plansshall be prepared by a registered Civil Engineer and approved by the City
Engineer.
b. Drainage Study and GeotechnicaVSoils 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 -
year 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 property owner(s).
26. 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 this 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).
27. A complete and accurate Notice-o€Intent (NOI) must be filed with the State Water Resources
Control Board (SWRCB) for a project covered under the General Permit for Storm Water
Discharges Associated with Construction Activity (CCP). 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 NO[ from the SWRCB showing the Permit
Number for this Project shall be filed with the City of Chula Vista when received.
28. 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.
29. 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. Upon completion of construction of BMPs/Project, the Applicant shall
update/finalize O&M Plan to reflect constructed structural BMPs with as -built plans and baseline
photos.
30. 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
(IOP) Order 2014-0057-DWQ.
31, 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 Plan shall include
but not be limited to:
Resolution No. DR20-0018
Page 6
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. Installation of driveways meeting design standards as shown in Chula Vista standard detail
CVCS-IA. Dedication of R/W as needed for the driveway to comply with American
Disability Act (ADA) requirements.
c. Utilities Trenching and Restoration per CVCS-3&4.
32. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required,
as necessary.
33. The construction and completion of all improvements and release requirements shall be secured in
accordance with CVMC Section 18.16.180.
34. 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.
35. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to
meet the City of Chula Vista Design Standards, Americans with Disabilities Act (ADA) Standards,
and Title 24 standards, as applicable.
36. Any private facilities within the public right-of-way or City easement will require an Encroachment
Permit prior to Improvement Plan or Building Permit approval.
37. Prior to the second submittal of the Building Permit plan set, the Applicant shall submit to the
Landscape Architecture Division, complete Landscape Improvement Plans for review and approval
by the Director of Development Services or designee. Said plans shall conform to the following
City Documents:
a. Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the City of Chula
Vista Municipal Code
K City of Chula Vista Landscape Manual
c. Shade Tree Policy (576-19)
38. Prior to Final Building Inspection for the Project, the Applicant shall have installed Landscape
Improvements per the approved Landscape Improvement Plans to the satisfaction of the Director
of Development Services or designee.
Fire Department
39. 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 amended by the City of Chula Vista.
40. Plans for the design and construction of private underground fire service utilities shall be submitted
to the Development Services Department in the form of Private Site Improvement Plans or as part
of the Architectural Building Permit Plans.
41. For 4,200 square feet of Type V -B construction, this Project will require a fire flow of 1,750 gallons
per minute for a 2 -hour duration at 20 PSI.
Resolution No. DR20-0018
Page 7
42. Based upon the required fire flow for the Type V -B construction type, a minimum of 1 fire hydrant
is required to serve this Project.
43. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix C.
Based upon the required fire flow for this Project, fire hydrants shall be located with an average
spacing of 500 feet. The maximum distance from any point along a fire apparatus access road to a
fire hydrant shall not exceed 250 feet. Existing or new public fire hydrants can be considered to
meet spacing requirements and minimum number of hydrants.
44. 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/or improvements to the existing public water main shall be made.
H. The following on-going conditions shall apply to the Project Site as long as it relies on this approval:
I_ The site shall be developed and maintained in accordance with the approved plans, which include
Site Plans, Floor Plan, Elevation Plan, Landscape Plan on file in the Development Services
Department, the conditions contained herein, and Title 19.
2. Approval of the Design Review Permit shall not waive compliance with any sections of Title 19 of
the Municipal Code, nor any other applicable laws and regulations in effect at the time of Building
Permit issuance.
3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold
harmless City, its City Council members, Planning Commission members, officers, employees and
representatives, from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorney's fees (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) 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 CVMC Section 19.14.600.
III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any such
protest must be in a manner that complies with Government 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.
Resolution No. DR20-0018
Page 8
IV. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and agreed to
the conditions contained herein, and will implement same. Upon execution, this document shall be
signed and returned to the City's Development Services Department.
Signature/ /
/�perty Owner
roA—N,2-kylupkj*-I
Printed Name of Property Owner
Sign re of Applicant
cant <
Printed Name of Applicant
3L712-;)--'
Date
V. CONSEQUENCE OF FAILURE OF CONDITIONS
Date
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ate
q3 ZZ) -LZ
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or
further condition issuance of all future building permits, deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or
criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in the event
that any one or more terms, provisions or conditions are determined by a Court of competent
Jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to
be automatically revoked and of no further force and effect.
Resolution No. DR20-0018
Page 9
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 27th day of October 2021, by the following vote, to -wit:
AYES: Burroughs, De La Rosa, Milburn, Torres, Zaker
NOES: 0
ABSENT: Gutierrez, Nava
ABSTAIN:0
ATTEST:
Patricia Salvaci , cretary
Presented by:
Tiffin lien
Director of Development Services
(47) -
Max Act, Cbawr
Approved as to form by:
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