HomeMy WebLinkAboutResolution 2023-03Attachment 5
RESOLUTION NO. 2023-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A TENTATIVE MAP (TM22-0001) TO
SUBDIVIDE A 15.54-ACRE SITE INTO THREE PARCELS. ONE
PARCEL FOR THE CONSTRUCTION OF 244 MARKET RATE, FOR
SALE RESIDENTIAL TOWNHOMES, ONE COMMERICAL PARCEL,
AND A 0.5 ACRE PARCEL FOR A PUBLIC PARK.
WHEREAS, on February 15, 2022, a duly verified application for a Tentative Map
(TM22-0001) was filed with the City of Chula Vista Development Services Department by
Brookfield Properties Development (“Applicant”); and
WHEREAS, the application requests approval to subdivide a 15.54-acre site into three
parcels: one parcel for the construction of 244 market rate, for sale residential townhomes, one
commercial parcel, and a 0.5 acre parcel for a public park (“Project”); and
WHEREAS, the area of land that is the subject of this Resolution is an existing 15.54-
acre parcel located at 565 Broadway, within the UC-6 and UC-7 zones of the Urban Core
Specific Plan (“Project Site”); and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (“CEQA”) and determined that the
Project was adequately covered in the previously adopted Final Environmental Impact Report for
the Urban Core Specific Plan (“FEIR 06-01”; SCH#2005081121; and certified by Resolution
No. 2007-097 on April 26, 2007). The Development Services Director has determined that minor
technical changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Development Service Director has caused the
preparation of an Addendum to FEIR 06-01; and
WHEREAS City staff recommends approval and adoption of Tentative Map No. TM22-
0001for the Project; and
WHEREAS the Director of Development Services set the time and place for a hearing
before the Planning Commission for consideration of Tentative Map No. TM22-0001, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners and residents within 500 feet of the
exterior boundaries of the Project Site at least 10 days prior to the hearing; and
WHEREAS the hearing was held at the time and place as advertised in the Chula Vista
Council Chambers, 276 Fourth Avenue, before the Planning Commission, and the hearing was
thereafter closed;
WHEREAS, the Planning Commission reviewed and considered the Staff Report and
related materials for Tentative Map No. TM22-0001, as well as other Project materials, in
accordance with all City Codes and requirements.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
find and determine as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the Planning
Commission finds that the Tentative Subdivision Map TM22-0001, as conditioned
herein, is in conformance with the elements of the City’s General Plan and other
associated regulatory documents, based on the following:
1. Land Use
The General Plan land use designation is Mixed-Use Residential. The implementing
zone is UC-6 and U-7. The UC-6 zone allows for a residential use. The proposed 244-
unit subdivision is within the allowable density and permitted number of dwelling
units. The commercial parcel is located along H Street within the UC-7 zone, which
allows for commercial use. A 0.5 acre public park is incorporated into the project.
2. Circulation
All off-site public streets required to serve the subdivision already exist or will be
constructed or paid for by the Applicant in accordance with the Conditions of
Approval. The on-site circulations system is designed in accordance with the City
design standards and/or requirements and provides for vehicular and pedestrian
connections.
3. Public Facilities
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. With the addition of 244 residential homes to the area, it warranted a Public
Facilities Financing Plan to be prepared in order to review and approve the public
services, facility, or phasing needs created by the Project.
4. Housing
The Project is consistent with the density prescribed within the Mixed-Use
Residential General Plan designation and the Urban Core Specific Plan (“UCSP”),
providing additional opportunities for multi-family residential home ownership in the
southwestern portion of the City.
5. Growth Management
The surrounding street segments and intersections including H Street and I Street will
continue to operate at the same Level of Service in compliance with the City’s traffic
threshold standard with the proposed Project traffic. No adverse impact to the City’s
traffic threshold standards would occur as a result of the proposed Project.
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The Project site is located in the attendance area of Vista Square Elementary School,
within the boundaries of the Chula Vista Elementary School District. The Project is
also within the attendance area of Chula Vista Junior High School and Chula Vista
High School, within the Sweetwater Union High School District. The Applicant will
be required to pay applicable developer fees based upon assessable building area.
The proposed drainage improvements for the site will consist of onsite storm water
runoff collected in proposed storm drain and conveyed to Modular Wetland System
Best Management Practices (“BMPs”) dispersed throughout the site for pollutant
control treatment. Discharge from the BMPs will be conveyed via proposed storm
drain toward the western boundary of the Project site, where it will collect to the
existing storm drain as it does in the existing condition. The BMPs will provide storm
water pollutant control to meet the requirements of the California Regional Water
Quality Control Board San Diego Region municipal storm water permit. No adverse
impacts to the City’s drainage threshold standards will occur as a result of the
proposed project. The proposed improvements are adequate to handle the project
storm water runoff generated from the site. A final drainage study will be required
prior to issuance of any building permit.
The project site is within the boundaries of the City of Chula Vista wastewater
services area. The existing area sewer facility system has sewer lines within a 10-ft.
City of Chula Vista sewer easement on the Project site including an existing 8” public
sewer main located along the easterly property line, adjacent to the 6-ft. CMU wall
and single-family homes to the east. The public sewer line then travels north of the
Chula Vista Center providing sewer to the shopping center. The Project proposes to
re-align the public sewer to a private sewer manhole for the new residential homes.
At the end of the new residential sewer connection, it will become public and located
within a newly dedicated 17-ft. sewer easement. The Applicant will be required to
submit a final sewer study prior to connecting to the City’s sewer system.
6. Open Space and Conservation
The Project proposes multi-family homes that meet the minimum open space
requirement per the Chula Vista Municipal Code (“CVMC”). The project requires to
provide a 2.0-acre public park. The Applicant is providing a 0.5 acres public park
site, adjacent to the residential homes on I Street. The future public park will be
developed and designed via a separate process. The Project will be required to pay in-
lieu park fees towards the acquisition and development of future parks, to cover the
remainder balance of the Parks obligation requirement. The development of the
Project Site is consistent with the goals and policies of the Conservation Element.
7. Parks and Recreation
The proposed Project would not induce significant population growth, as it is a small
residential infill project and would not impact existing or proposed recreational
facilities. The Project has been conditioned to pay park acquisition and development
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fees prior to recordation of the Final Map. Additionally, the project provides for a 0.5
acre parcel for a public park to be located along I Street. This public park assists with
the supply of public parks on the western side of Chula Vista.
8. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed Project
for conformance with City safety policies and have determined that the proposal
meets those standards.
9. Noise
The Project has been reviewed for compliance with the Noise Element and will
comply with applicable noise measures at the time of issuance of the first building
permit.
10. Scenic Highway
The Project Site is not located adjacent to or visible from a designated scenic
highway.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of
lots for natural and passive heating and cooling opportunities and development of the site
will be subject to site plan and architectural review to insure the maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Planning
Commission has considered the effect of this approval on the housing needs of the region
and has balanced those needs against the public service needs of the residents of the City
and the available fiscal and environmental resources. Additionally, in consideration that
neighborhoods west of Interstate 805 have traditionally borne an overconcentration of
affordable housing, the Project will not provide low or moderate housing units as part of
the development in exchange for significant community benefits.
D. Pursuant to Government Code Section 66474(a)-(g) of the Subdivision Map Act, the
Planning Commission finds that the proposed Project:
1. Is consistent with applicable general and specific plans as specified in Government
Code Section 65451. The Project will remain consistent with the Chula Vista General
Plan land use, transportation, economic development, housing, public facilities and
services, environmental and growth management objectives, and policies. The land
uses proposed for development within the project site will be consistent with those
depicted in the City’s UCSP.
2. Design or improvement is consistent with applicable general and specific plans. The
General Plan establishes the vision for this part of the City, and the City’s USCP
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define the land use character and mix of uses, design criteria, circulation system, and
public infrastructure requirements for the project. The Tentative Map No. TM22-
0001 is consistent with these general and specific plans.
3. The Project Site is suitable for the proposed density of development. The densities are
in accordance with the General Plan, UCSP, FEIR 06-01, and the Addendum for
FEIR 06-01.
4. The Project Site is physically suitable for the type of development. The project is
surrounded by existing development to the south and west, with vacant land to the
north and east. The design of the subdivision and proposed improvements, with
implementation of applicable mitigation measures, are not likely to cause
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat.
5. The design of the subdivision or improvements is not likely to cause serious public
health problems because the project has been designed to provide pedestrian sidewalk
connections from the Project Site to nearby H and I streets and to other parts of the
surrounding community.
6. Subdivision or improvements will not conflict with easements, acquired by the public
at large, for access through or use of property within the proposed subdivision. The
governing body may approve a map if it finds that alternate easements, for access or
for use, will be provided, and that these will be substantially equivalent to ones
previously acquired by the public. This subsection shall apply only to easements of
record or to easements established by judgment of a court of competent jurisdiction
and no authority is hereby granted to a legislative body to determine that the public at
large has acquired easements for access through or use of property within the
proposed subdivision.
E. The Project Site is physically suited for residential development because it is generally
level and is located adjacent to existing residential developments. The Project conforms
to all standards established by the City for a residential development.
F. The conditions herein imposed on the grant of permit or other entitlement herein
contained are approximately proportional both in nature and extent to the impact created
by the proposed Project.
III. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the Conditions of Approval and Code
requirements set forth below shall be completed prior to the related Final Map approval
and consent to recordation by the City as determined by the Development Services
Director and the City Engineer, or designees, unless otherwise specified, "dedicate"
means grant the appropriate easement, rather than fee title. Where an easement is
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required, the Applicant shall be required to provide subordination of any prior lien and
easement holders in order to ensure that the City has a first priority interest and rights in
such land unless otherwise excused by the City. Where fee title is granted or dedicated to
the City, said fee title shall be free and clear of all encumbrances, unless otherwise
excused by the City.
Should conflicting wording or standards occur between these Conditions of Approval,
any conflict shall be resolved by the City Manager or designee.
GENERAL/DEVELOPMENT SERVICES
1. The Applicant shall develop and maintain the Project Site in accordance with the
approved plans, which include site plans, floor plans, and elevation plans on file in
the Planning Division, the conditions contained herein, and Title 19.
2. Design Review Permit No. DR22-0003 shall be approved in conjunction with the
approval of Tentative Map No. TM22-0001.
Land Development
3. The Applicant shall comply with all requirements and guidelines of the CVMC; the
UCSP; the Chula Vista Subdivision Manual; City of Chula Vista Design and
Construction Standards; the Development Storm Water Manual for Development &
Redevelopment Projects, The Chula Vista BMP Design Manual; the City of Chula
Vista Grading Ordinance No. 1797; and the State of California Subdivision Map Act.
4. The Applicant shall comply with all applicable conditions of the City’s Standard
Conditions of Approval per Section 5-300 Standardized Tentative Map Conditions of
the Subdivision Manual.
5. 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. Applicant shall submit Grading Plans in
conformance with the City’s Subdivision Manual and the City’s Development Storm
Water Manual requirements.
6. The Applicant shall ensure that all private lot drainage and slopes comply with the
current building code used by the City of Chula Vista.
7. Prior to approval of the Grading Plan and issuance of a Grading Permit that includes
off-site grading, the Applicant shall provide the City with Letters of Permission from
offsite property owner(s).
8. The following applies to all project retaining walls:
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a. Structural wall calculations are required if walls are not built per San Diego
Regional Standard Drawings, or City of Chula Vista Construction Standards
GRD-05.
b. Retaining walls that will be part of a building wall must be approved as part of
the Building Permit for the project.
c. Retaining wall drains shall tie into the drainage system
9. Prior to issuance of grading, construction and building permits the Applicant shall
document on applicable plans compliance with the requirements pertaining to BMPs.
The Applicant shall develop and implement post construction BMPs in accordance
with the most recent regulations at the time of grading, construction and building
permit issuance.
10. Prior to the issuance of any Building Permit within the Project, the Applicant shall
provide the City with proof of Pad Certification.
11. Applicant shall provide a letter from the site that will be accepting any proposed
export material, if any. In addition, a transportation permit is required prior to
grading permit issuance, if required.
12. Applicant shall provide a letter from the soil engineer for any material to be used in
backfilling on site or offsite, prior to using the material. This is applicable also for
material excavated from the site. In addition, a transportation permit is required prior
to grading permit issuance, if required.
13. Permanent storm water requirements, including site design, source control, treatment
control, and hydromodification control BMPs, all as shown in the approved Priority
Development Project (“PDP”) Stormwater Quality Management Plan (“SWQMP”),
shall be incorporated into the project design, and shall be shown on the plans. Provide
sizing calculations and specifications for each BMP.
14. Prior to issuance of any grading, construction, or building permits (whichever occurs
first), the Property Owner (Chula Vista Anchor Acquisition I LLC) shall enter into a
Storm Water Management Facilities Maintenance Agreement for the perpetual
maintenance of all permanent BMPs within the Project Site. All proposed BMPs for
this Project shall be funded, owned, and maintained by the Applicant into perpetuity
and at no cost to the City.
15. The Applicant shall submit 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, update/finalize O&M Plan to reflect constructed structural BMPs with
as-built plans and baseline photos.
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16. A complete and accurate Notice-of-Intent (“NOI”) must be filed with the SWRCB for
project covered under the Construction General Permit (“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 State Water Resources Control Board (“SWRCB”) showing
the Permit Number for this project shall be filed with the City of Chula Vista when
received.
17. 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: For projects disturbing one (1) acre or more requires coverage under and
compliance with the CGP, the construction BMPs must be identified in a Storm
Water Pollution Prevention Plan (“SWPPP”).
18. Prior to approval of any 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.
19. Prior to issuance of the first building permit, the Applicant shall submit CC&R’s for
review and approval per City’s Standard Tentative Map (“TM”) Conditions No. 34 of
City’s Subdivision Manual Section 5-300.
20. Prior to obtaining first Building Permit for the Project, applicant shall submit
Improvement Plans for review & approval and obtain a Construction Permit to
perform the following work in the City’s right-of-way which include but not limited
to:
a. Removal and replacement of any broken or damaged curb, gutter, and
sidewalk per SDRSD (G-02 and G-07 for non-monolithic or G-03 for
monolithic) to the satisfaction of the City Engineer, along the project’s
frontages on H Street as applicable. Sidewalk shall be designed and
constructed with proper transitions to existing conditions.
b. Removal and replacement of the existing pedestrian ramps located at the
northeast adjacent to H Street with directional ramps according to the City’s
Americans with Disabilities Act (“ADA”) standard requirements as part of the
improvement plans.
c. Additional asphalt paving for the replacement of the existing ADA ramps,
curb, gutter and sidewalk.
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21. Prior to approval of any Final Map showing public or private streets, the Applicant
shall obtain approval of street names, if any, to the satisfaction of the Development
Services Director and City Engineer.
22. Prior to issuance of any City permit, the Applicant shall obtain approval of all dry
utilities proposed on the TM No. TM22-0001 from the applicable utility companies.
23. Prior to approval of any Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter from Sweetwater Authority that the subdivision will
be provided adequate water service and long-term water storage facilities. The
Applicant shall comply with all of the Sweetwater Authority requirements, if any.
24. Prior to approval of any construction permit, the Applicant 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.
25. Prior to issuance of the first building permit, the Street Improvements plans and
Rough Grading, shall be completed to the satisfaction of the City Engineer and
Director of Development Services.
26. 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 driver at the street intersections
or driveways.
27. The Project shall comply with Chula Vista Standard Drawing RWY-05 for Corner
Sight Distance and Stopping Sight Distance. Prior to the issuance of a Gr ading
Permit or a Construction Permit, a Stopping Sight Distance and a Corner Sight
Distance analysis shall be submitted to demonstrate such compliance to the
satisfaction of the City Engineer.
28. Streets or driveways within the development shall be designated as private driveways.
29. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall
be required, as necessary. Utilities Trenching and Restoration shall be per Chula
Vista Construction Standard GSI-03.
30. Prior to issuance of any City permits, the Applicant shall obtain approval from the
Sweetwater Authority for any water utility work.
31. Any improvements in the right-of-way beyond the project limits shall be designed
and constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
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32. 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.
33. The existing storm drainpipe fronting the project along the south side of H Street shall
be privately owned and maintained for perpetuity.
34. 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.
35. Provide a separate sewer lateral for each dwelling unit. Sewer laterals are not
allowed under any proposed buildings.
36. The Applicant shall obtain approval of a Final Map showing condominium ownership
prior to development of condominiums within any Lot proposing mixed
residential/commercial or multi-family residential uses.
37. Dedicate on the Final Map a 17 feet easement from the Easterly project boundary
starting around I Street to the City of Chula Vista for the existing sewer main as
shown on the approved Tentative Map No. TM22-001.
38. Dedicate on the Final Map a 24 feet Sewer and Access Easement to the City of Chula
Vista for sewer maintenance and access purposes on all private roads within the
development, as shown on the approved Tentative Map No. TM22-001.
39. Dedicate on the Final Map an 11 feet Irrevocable OFFER of Dedication for public
street purposes to the City of Chula Vista along H Street.
40. For the proposed private sewer facilities, manholes shall be used where 6” mains or
larger are connected to public sewer.
41. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and
Title 24 standards, as applicable.
42. Parking for model homes must be ADA compliant. Pedestrian ramps shall be
constructed per ADA standards and approved by the City Engineer, and California
Building Code (Title 24) as applicable.
43. Any private facilities (if applicable) within public right-of-way or City easement will
require an Encroachment Agreement prior to Improvement Plan or Building Permit
approval.
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44. It is the responsibility of the applicant to obtain any required permit from any agency
prior to the issuance of any City permit. In addition, the applicant shall implement
successfully any requirements stipulated in any permit.
45. Any street vacation, if any, will need to be done after the approval of the entitlement
associated with this project, and prior to issuance of any permit.
46. An Encroachment Agreement is required for any improvements (such as fence,
asphalt ramps, signs, etc.) located in street right of way, city easements or City owned
Open Space Lots prior to construction permit approval.
47. Prior to Final Map approval, the Applicant shall provide evidence that the proposed
existing San Diego Gas and Electric (“SDG&E”) Easement per Document Nos.
58580 and 88-659300 as shown on the Tentative Map has been Quitclaimed or
provide a letter of intent from SDG&E confirming their intent to Quitclaim.
48. Prior to Final Map approval, the Applicant shall provide evidence that the proposed
portion of the existing SDG&E Easement per Document Nos. 90-409455 and 90-
000843, as shown on the Tentative Map has been Quitclaimed or provide a letter of
intent from SDG&E confirming their intent to Quitclaim.
49. Prior to Final Map approval, the Applicant shall provide evidence that the proposed
portion of the existing water Easement to Sweetwater Authority per Document # 90-
235376, as shown on the Tentative Map has been Quitclaimed or provide a letter of
intent from Sweetwater Authority confirming their intent to Quitclaim.
50. Prior to Final Map approval, the Applicant shall provide evidence that the proposed
existing water Easement to California Water and Telephone Company per Document
no. 51397, as shown on the Tentative Map has been Quitclaimed or provide a letter of
intent from California Water and Telephone Company confirming their intent to
Quitclaim.
51. With the approval of any final maps, grading, and public or private improvement
plan, the Applicant shall upload digital files in a format such as Auto CAD 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:
http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip
formatted files.
52. The Applicant is advised that there may be additional requirements set at the time
his/her development takes place, depending upon final plans submitted for Grading,
Improvements and/or Building Permits. This response is based solely on the material
that were submitted for our review.
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Fire
53. The Applicant shall apply for and obtain required building permits. Said permits shall
comply with applicable codes and requirements including, but not limited to, the
current edition(s) of the California Building Code (“CBC”) and California Fire Code
(“CFC”) as may be amended by the City of Chula Vista.
54. For the 3 Story Buildings, the design shall comply with all Group R-3 Townhome
requirements of the CA Residential Code; e.g. each unit shall have its own separate
utilities (gas, electric, fire sprinkler/domestic water lateral, hvac, etc.). Common walls
shared by two units shall not contain any utilities in accordance with section R302.2.2
except for electrical boxes in accordance with R302.4. In addition, Townhomes are
required to be provided with a yard or public way on at least two sides; courtyards
shown for some buildings do not comply with the definition of a yard. If Group R-3
Townhomes are not your design intent, please revise and show group them as a R-2
occupancy. Group R-2 occupancies of Type VB construction and of 3 stories shall be
protected by a fire sprinkler system in accordance with NFPA 13.
55. Plans for the design and construction of on-site/private underground fire service
utilities are required to be included within a permit submitted to the Development
Services Department in the form of a Private Utility Building Permit or as a separate
permit directly with the Chula Vista Fire Department (“CVFD”).
56. For 33,250 square feet of Type VB construction, this project will require a fire flow
of 3750 gallons per minute for a 3-hour duration at 20 p.s.i. CVFD allows a 25%
reduction in fire flow when the building is protected by a fire sprinkler system. The
fire flow number above has already been reduced by 25%.
57. Based upon the required fire flow for Type VB construction type, a minimum of 4
fire hydrant(s) are/is required to serve this project.
58. Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C and all exterior portions of the proposed building shall be within 400 feet
of a hydrant, as measured by an approved method.
59. 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. CVFD will consider enhancements to fire protection systems
if not already required by Bldg./Fire Code.
60. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and
have an unobstructed vertical clearance of 13 feet 6 inches. On the building permit,
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perform an Auto-Turn analysis using CVFD auto turn data and transpose results on
the site plan.
Park Development and Landscape Improvements
61. Dedicate on the Final Map an Irrevocable Offer of Dedication to the City over Lot A
(0.5 ac) for Public Park purposes.
62. Prior to approval of the Final Map, applicant shall enter into a Park Agreement with
the City for the development (including design and construction) and long-term
maintenance of a public park on Lot A (0.5 ac), as well as provisions for satisfying
remaining Park Acquisition and Development (“PAD”) fee obligations (1.41 ac) for
the Project. Lot A shall be free and clear of any easements, encumbrances, deed
restrictions or other restrictions to park facility development, in accordance with the
City of Chula Vista’s Parks and Recreation Manual.
63. Prior to the second submittal of the building permit set, Applicant shall submit a
complete set of Landscape Improvement plans for review and approval by the
Director of Development Services or designee. For further information about
submitting Landscape Improvement plans and to download a Landscape
Improvement review packet see the following link:
https://www.chulavistaca.gov/departments/development-
services/resources/dsdformsspecifications. Said plans shall conform to the following
City documents including but not limited to:
a. Landscape Water Conservation Ordinance (“LWCO”), Chapter 20.12 of the
City of Chula Vista Municipal Code
b. City of Chula Vista Landscape Manual
c. Shade Tree Policy (576-19)
64. Prior to the approval of any improvement plans for the project, Applicant shall
prepare an exhibit showing a sidewalk along the east side of 5th Avenue, south of H
Street that provides adequate space for pedestrian traffic flow around the relocated
palms and adjacent buildings/landscape, to the satisfaction of the Director of
Development Services, or designee. Sidewalk width around the palms shall consider
heavy traffic with the expected pedestrian flows due to children walking to and from
the local elementary and middle schools, one block to the north.
65. Street furnishings (pedestrian scale lights, benches, etc.), street trees, and any other
landscaping along I Street that satisfy UCSP requirements shall be shown on the
improvement plans for the project, installed by the Applicant and maintained in
perpetuity by the Project’s HOA/Owner.
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66. Prior to the final building inspection, the Owner shall have installed Landscape
Improvements and have had said improvements inspected by City staff, per approved
Landscape Improvement Plans, to the satisfaction of the Director of Development
Services or designee.
The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
67. Approval of this request shall not waive compliance with any sections of the CVMC,
and any other applicable City Ordinances in effect at the time of building permit
issuance.
68. The Property Owner and Applicant shall and do agree to timely and fully indemnify,
reimburse, protect, defend, and hold harmless the 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
any costs and expenses to prepare the administrative record for any challenge to the
Project approvals and/or compiling a response to a Public Records Act request(s) to
provide the record of proceedings materials for the Project, the City’s costs to retain
its own defense counsel to defend any challenge to any Project-related approvals,
court costs and attorney’s fees (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) any environmental determinations; (b) the City’s
approval and issuance of this permit; and (c) the 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 this provision by executing a copy of this permit
where indicated below. The Property Owner’s and Applicant’s compliance with this
provision shall be binding on any and all of their successors and assigns.
69. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City’s Growth Management Ordinance (including its Water
Conservation Plan); 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.
70. Prior to issuance of a grading permit for the Project, Applicant shall comply with all
applicable mitigation measures outlined in the FEIR 06-01 Mitigation Monitoring and
Reporting Program.
71. This permit shall expire if not utilized within three years of the approval date (January
24, 2026) or the end of any appeal period unless the Applicant initiates an extension
prior to expiration of the permit in accordance with Section 19.14.600 of the CVMC.
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III. 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; that
any such protest must be in a manner that complies with Government Code Section
66020(a); and that failure to follow this procedure in a timely manner 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 the project, nor does it apply to any fees, dedication, reservations, or
other exactions that 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 by 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 shall be returned to the 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
corresponding application(s) for building permits and/or a business license be held in
abeyance without approval.
Property Owner:
Chula Vista Anchor Acquisition I LLC,
a Delaware limited liability company
___________________________________ ________________
By: James Varsamis, Authorized Signatory Date
Applicant:
Brookfield Properties Development
____________________________________ ________________
By: Colin Koch, Director of Land/Land & Housing Dev. Date
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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.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to be met, or in the case that 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.
VII. 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 automatically revoked and of no
further force and effect.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of January 2023, by the following vote, to-wit:
AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, Zaker
NOES: 0
ABSENT: 0
ABSTAIN: 0
______________________________
Max Zaker, Chair
ATTEST:
____________________________
Patricia Salvacion, Secretary
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Presented by: Approved as to form by:
_________________________ ____________________________
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
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