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HomeMy WebLinkAboutResolution 2024-02 Attachment 3 RESOLUTION NO. 2024-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A CONSISTENCY EVALUATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND DESIGN REVIEW PERMIT DR23-0019 FOR A 75,884-SQUARE FOOT MEDICAL OFFICE BUILDING WITH RETAIL USES AND A 372-SPACE PARKING GARAGE IN THE UC-7 SUBDISTRICT OF THE URBAN CORE SPECIFIC PLAN AREA WHEREAS, on October 4, 2023, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by PMB, LLC (Applicant) on a property owned by CWC Broadway CV 256, LLC (Property Owne); and WHEREAS the property that is the subject of this Resolution is located in the UC-7 area (Chula Vista Center Mall) on a portion of AParcel 572-010-44 and totaling approximately 2.43 acres at the southeastern corner of H Street and Fifth Avenue (the Project S WHEREAS the Applicant requests approval of a three-story, 75,884-square foot medical office building, with related retail uses, and a four-story, 372-space parking garage (Project); and WHEREAS, pursuant to Chapter XI, Section C.1. of the UCSP, a public hearing before the Planning Commission is required for Design Review applications proposing more than 20,000 square feet of non-residential development; and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project was adequately covered and addressed, consistent with CEQA Guidelines section 15168(c), in the previously certified 2007 Final Program Environmental Impact Report for the Urban Core Specific Plan (FEIR06-01; SCH#200508112) in that the Project is within the scope of the UCSP approved in 2007 and that Program Environmental Impact Report adequately described the Project for the purposes of CEQA.; and WHEREAS City staff recommends approval of the consistency evaluation under CEQA (Attachment 3 to the Staff Report for the Project) and Design Review Permit DR23-0019; and WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission to consider the consistency evaluation for the Project under CEQA and DR23-0019, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, as advertised, the hearing on the Project was held at 6:00 p.m. on Wednesday, February 28, 2024, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and 1 PC Resolution February 28, 2024 WHEREAS the Planning Commission has reviewed and considered all materials for the Project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings regarding Design Review Permit DR23- 0019: 1. The proposed Project is consistent with the approved UCSP and the previously certified 2007 Final Program Environmental Impact Report for the Urban Core Specific Plan (FEIR06-01; SCH#200508112). The proposed Project with office and retail uses is within the scope of the UCSP and the UC-7 subdistrict development standards and regulations, and was adequately studied, covered and addressed, consistent with CEQA Guidelines section 15168(c), in the previously certified 2007 Final Program Environmental Impact Report for the Urban Core Specific Plan (FEIR06-01; SCH#200508112), as determined in the Consistency Evaluation for the Project that is Attachment 3 to the Staff Report for this matter. That Consistency Evaluation for the Project (Attachment 3 to the Staff Report) is incorporated by reference into this Resolution. 2. The proposed Project is compliant with the permitted uses and development criteria contained in Chapter VI of the UCSP and other applicable regulations contained in the Chula Vista Municipal Code . The proposed medical office building with the ground floor primarily occupied by retail uses such as a lobby, pharmacy, urgent care, café, among other retail spaces, and all clinical, physician, and staff offices located in the second and third floors of the building, is a permitted use in the UC-7 subdistrict and meets all development standards, including required parking and landscaping, as required in the UCSP, the CVMC, and as conditioned herein. 3. The proposed Project is consistent with the design requirements and recommendations contained in Chapter VII of the UCSP. The proposed medical office building design uses a variety of materials and features in a neutral color palette with a contemporary architectural theme. The main entrance of the building features a three-story curtain wall system with clear and fritted glazing to provide visibility to the retail pharmacy and create a pedestrian-scaled development. The proposed parking structure will be constructed of concrete and feature perforated metal panels and battens along the northern façade and portions of the southern façade to minimize views into the structure. A landscaped courtyard is proposed between the medical office building and the parking structure to encourage activity around the development. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, does hereby approve Design Review Permit DR23-0019, subject to the following conditions. Unless specified otherwise, the following shall be completed to the satisfaction of the Director of Development Services, or their designee, prior to issuance of building permits. 2 PC Resolution February 28, 2024 Additional requirements may be imposed resulting from new standards or regulations established at the time of development and/or application submittal. Planning 1. A graffiti-resistant treatment shall be specified on the building permit drawings for all wall and building surfaces up to 10 feet above finished grade. Additionally, the Project shall conform to CVMC 9.20.060 (Prevention Provisions) and 9.20.055 (Removal Provisions) regarding graffiti control or as approved by the Director of Development Services. 2. The Applicant shall maintain the Project and Project Site in accordance with the approved plans for DR23-0019, which include a site plan, floor plans, and elevations on file in the Development Services Department. The colors and materials specified on the building permit drawings shall be consistent with the colors and materials shown on the plans approved by the Planning Commission, and on file in the Development Services Department, for this Design Review Permit. 3. Ground-mounted utility appurtenances such as transformers and/or air conditioning condensers shall be located out of public view and/or adequately screened using a combination of concrete or masonry walls, berming, and/or landscaping. The sound from such appurtenances shall also be buffered from adjacent properties and streets using the same method(s). The method and type of screening shall be specified on the building permit drawings for the Project. 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. Such screening shall be architecturally integrated with the proposed building design. The method and type of screening shall be specified on the building permit drawings for the Project. 5. All exterior lighting shall be shown on the building permit drawings for the Project and shall include shielding to prevent any glare onto adjacent properties. Details for said lighting shall also be included in the building permit drawings for the Project. 6. All applicable requirements and mitigation measures of FEIR 06-01 and the related for FEIR 06-01 shall be implemented and met. Before the issuance of the first grading permit for the Project, the Applicant shall prepare and submit to the City a list of applicable mitigation measures from FEIR 06-01 and the related MMRP for the Project, which list of mitigation measures shall be approved in writing by the Directo their designee. 7. Prior to final inspection of the first permitted building for the Project, the Applicant shall 3 PC Resolution February 28, 2024 shelter near the southeast corner of H Street and Fifth Avenue to the satisfaction and approval of both the City of Chula Vista and MTS. 8. Any and all grading and construction activity and work for the Project shall incorporate and implement, as applicable, the Construction Noise Reduction Policies contained in Section 8.3 of the December 12, 2023, Sharp Medical Office Building Noise Impact Study submitted to the City. Land Development 9. Prior to the final inspection for the first building permit, the infrastructure serving the Project Site shall be constructed and fully operational to the satisfaction of the Director of Development Services, or their designee. 10. The Applicant shall submit improvement plans and obtain a construction permit to install sidewalk, curb and gutter, street trees, private driveways, and associated signage and -of-way, including but not limited to: a. Indication that all accordance with CVMC 12.12.120 and Chula Vista Standard Drawing RWY-05 (Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall obstruct the visibility of drivers at street intersections or driveways. b. Removal and replacement of any broken or damaged curb, gutter, and/or sidewalk along the applicable Project frontage on H Street per San Diego Regional Standard Drawings G-02 and G-07 (non-monolithic) or G-03 (monolithic) and to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. c. Removal and replacement of the existing pedestrian ramps located at the northeast corner of the Project Site adjacent to H Street with directional ramps in accordance with standard Americans with Disabilities Act ADA requirements. d. Additional asphalt paving for the replacement of the existing ADA ramps, curb, gutter, and sidewalk. 11. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required as necessary. Utilities trenching and restoration shall be implemented per Chula Vista Standard Drawing GSI-03. 12. Prior to issuance of any City permit, it shall be ponsibility to identify, process, and obtain any required permit(s) from any agency and/or jurisdiction other than the City of Chula Vista for the Project. 13. Any improvements proposed in the right-of-way beyond the Project limits shall be designed and constructed as not to interfere with adjacent businesses, as approved by the City Engineer, or their designee. 4 PC Resolution February 28, 2024 14. Prior to beginning any earthwork activities, and prior to issuance of any building permit(s), the Applicant shall submit grading plans to the Land Development Division for processing, review, and permitting in accordance with CVMC 15.04. Submitted plans shall conform to the requirements in the its current Best Management 15. A letter from the eotechnical engineer is required prior to importing any fill material to be used on the site to ensure the imported fill is suitable for the proposed development. 16. The Applicant shall provide technical reports during review grading plans, including but not limited to geotechnical, drainage, sewer, and any other required report. The reports shall be reviewed and approved prior to issuance of the grading permit. 17. The submitted Storm Water Quality Management Plan (SWQMP) is considered conceptually complete and provides enough information regarding the Project BMP objectives to move forward with construction drawings. Additional requirements may be imposed at the time of development and/or at the time of application for a Land Development permit, depending upon the final plans submitted for review and approval. 18. The submitted drainage report is considered conceptually complete and provides enough information regarding the Projects drainage objectives to move forward with construction drawings. Additional requirements may be imposed at the time of development and/or at the time of application for a Land Development permit, depending upon the final plans submitted for review and approval. 19. Prior to issuance of the first of the grading, construction, or building permit(s), the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement for the perpetual maintenance and funding of all post-construction permanent BMP facilities within the Project to the written satisfaction of the City Engineer. 20. The Applicant shall submit a detailed Operation and 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 the BMPs/Project, the Applicant shall update/finalize the O&M Plan to reflect the constructed structural BMPs with as-built plans and baseline photos. 21. Prior to issuance of a grading permit, the Applicant shall provide a complete and accurate Notice of for the Project, filed with the State Water Resources Control B as covered under the Construction General Permit. 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 5 PC Resolution February 28, 2024 from the SWRCB showing the Permit Number for this Project shall be filed with the City of Chula Vista when received. 22. The following applies to any retaining wall on the Project Site: a. When grading plans are submitted for a grading permit, all retaining walls shall be noted on the grading plans, including a detailed wall profile. b. Structural wall calculations are required if walls are not built per San Diego Regional Standard Drawings or Chula Vista Construction Standard GRD-05. c. Retaining walls that will be part of a building wall must be approved as part of the building permit for the Project. d. Retaining walls around trash bins (if any) shall be noted on the grading plans and called out per standard. e. Retaining wall drains shall tie into the drainage system. 23. Prior to issuance of the grading permit, the Applicant shall grant an Irrevocable Offer of . 24. Prior to issuance of any building permit within the Project, the Applicant shall provide the City with proof of pad certification. 25. Prior to issuance of the first building permit, the Applicant shall provide a - letter from the Sweetwater Authority District. 26. The proposed on-site 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. 27. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be designed to meet Chula Vista Design Standards, ADA standards, and Title 24 standards, as applicable. 28. Any proposed private water and fire line structures shall be submitted on a separate building plan and permitted by the Development Services and Fire Departments. 29. Any proposed fire access roads and driveways shall meet H-20 loading requirements or shall be designed for a Traffic Index of five (5). 30. Any proposed trash enclosure(s) shall meet the requirements of the Design Manual Fact Sheet SC-Q. 31. Prior to issuance of a construction or building permit, the Applicant shall obtain an encroachment permit for any private facilities within public rights-of-way and/or City easements. 6 PC Resolution February 28, 2024 32. Prior to grading plan approval, the Applicant shall upload digital files in a format such as AutoCAD .dwg or .dxf (AutoCAD version 2000 or above), ESRI GIS shapefile, 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. 33. Prior to the final inspection for the building permit, the Applicant shall complete improvements to the H Street/Fifth Avenue traffic signal and traffic lanes as follows: Provide north/south split phasing and restripe the northbound approach to one left-turn lane, one shared lane, and one right-turn lane. These improvements include modifications to the traffic signal hardware and signal timing to provide an eastbound right turn overlap. Any and all improvements shall be to the written satisfaction of the City Engineer or their designee. Wastewater 34. Prior to issuance of the first building permit and connection to the public sewer system, the Applicant shall upsize the following sewer main segments from the existing 10-inch vitrified clay pipe to a 12-inch polyvinyl chloride (PVC) pipe to the written satisfaction of the City Engineer or their designee, as follows: a. 3316, from MH #3178 to MH #3303, approximately 373 linear feet b. 3349, from MH #3303 to MH #16424, approximately 235 linear feet c. 18022, from MH #16424 to MH #3335, approximately 105 linear feet d. 3376, from MH #3335 to MH #3369, approximately 300 linear feet e. 3424, from MH #3369 to MH# 3417, approximately 415 linear feet The Applicant may propose other ways to reduce the depth-to-diameter (d/D) ratio on the existing system, such as parallel mains. Any proposed solution will require review and written approval by the City Engineer or their designee. All proposed public sewer mains shall be within the City of Chula Vista sewer easement. 35. The Applicant shall contact the City of San Diego and apply for an Industrial User Discharge Permit. Depending on the proposed operations of the Project, the City of San Diego Industrial Wastewater Control Program will determine whether the permit is required. If an Industrial User Discharge Permit is needed, the Applicant must obtain it before the Project begins operations. 7 PC Resolution February 28, 2024 Landscape Architecture 36. Prior to the second submittal of the building permit plan set, the Applicant shall submit a complete set of landscape improvement plans for review and approval by the Director of Development Services or their 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, CVMC 20.12 b. City of Chula Vista Landscape Manual 37. Prior to approval of the first of the civil improvement plans or the landscape improvement plans, the Applicant shall provide a bond for landscape and irrigation improvements within the right-of-way, including but not limited to trees, tree grates, lights, benches, irrigation, and irrigation water meters. The amount of the security for any required improvements shall be based on a construction cost estimate approved by the Director of Development Services or their designee as follows: a. 110 percent times the approved estimate if the improvement plans have been approved by the City; b. 150 percent times the approved estimate if the improvement plans are being processed by the City; and c. 200 percent times the approved estimate if improvement plans have not yet been submitted for review. 38. Prior to the final building inspection for the Project, the Applicant shall have installed the improvements per the approved landscape improvement plans and have had said improvements inspected by the City Landscape Inspector to the satisfaction of the Director of Development Services or their designee. 39. Street furnishings (pedestrian scale lights, benches, etc.), street trees, and any other improvements along H Street that satisfy UCSP requirements shall be shown on the landscape improvement plans for the Project, installed by the Applicant and maintained in perpetuity by the Powner. Environmental Services 40. Prior to issuance of the first building permit, the Applicant shall comply with the construction and demolition debris recycling requirements as set forth in CVMC 8.25.095, including payment of a performance deposit and submittal of a Waste Management Report. 8 PC Resolution February 28, 2024 Fire The following Chula Vista Fire Department (CVFD) Conditions of Approval are general requirements that the Applicant shall address at the time of Building Permit submittal to the satisfaction of the Fire Marshall or designee. 41. The Applicant shall apply for and receive approval for all required construction permits prior to any construction. 42. The Project design shall be in accordance with California Title 24 (Building Standards) and City of Chula Vista Fire Ordinances. BE IT FURTHER RESOLVED that the following ongoing conditions shall apply to the Project Site for as long as it relies upon this approval: 1. The Applicant shall maintain the Project Site in accordance with the approved plans for DR23-0019, which include a site plan, floor plans, and elevations on file in the Development Services Department. The Project shall also maintain compliance with the conditions contained herein and the UCSP UC-7 development regulations, as well as applicable regulations of the UCSP and the CVMC. 2. Approval of this Project shall not waive compliance with any provisions of the UCSP, CVMC, nor any other applicable laws and regulations in effect at the time of building permit issuance. 3. The Applicant and Property Owner shall and do hereby agree to timely and fully indemnify, protect, reimburse, 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, fees, and expenses to prepare the administrative record for any challenge to the Project approvals and/or compile a response to a Public Records Act request(s) to provide the record of etain its own defense counsel to defend any challenge to any Project-related approvals, court costs and attorney fees other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and the Applicant shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below. The Applicant and 9 PC Resolution February 28, 2024 4. The Applicant shall comply with all applicable requirements and guidelines of the City of Chula Vista General Plan, the Chula Vista Landscape Manual, the CVMC, the UCSP, and the UCSP UC-7 regulations, 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 Director of Development Services. However, any substantial modifications shall be subject to approval by the Planning Commission. 5. This permit shall expire if not utilized within three years of the approval date (February 28, 2027) or the end of any appeal period unless the Applicant initiates an extension prior to expiration of the permit in accordance with CVMC 19.14.600. 6. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 7. The conditions of approval for DR23-0019 shall be applied to the subject property until such time as the approval may be revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 8. The Applicant shall obtain a sign permit from the Development Services Department for each proposed sign. Signs shall comply with all applicable requirements of the CVMC and the UCSP Design Guidelines. 9. Per Section 5.31-1 of the Mitigation Monitoring and Reporting Program for FEIR 06-01, land uses which use, transport, store, and dispose of hazardous materials shall be conducted in compliance with the relevant regulations of federal, state, and local agencies, including the Environmental Protection Agency (EPA), California Department of Health Services (DHS), and California Department of Transportation. 10. The Applicant shall comply with all applicable requirements and guidelines of the CVMC; the Chula Vista Subdivision Manual; City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance (No. 1797); and the Subdivision Map Act. 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, 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 10 PC Resolution February 28, 2024 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 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 the same. Upon execution, this document shall be signed and Development Services Department. ________________________________ _______________________ Don Fontana Date for CWC Broadway CV 256, LLC Property Owner ________________________________ _______________________ Pietro Martinez Date for PMB, LLC Applicant V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fails to be met, 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. 11 PC Resolution February 28, 2024 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 is 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. Presented by: Approved as to form: _________________________ _____________________ Laura C. Black, AICP for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF th CHULA VISTA, CALIFORNIA, this 28 day of February 2024, by the following vote, to-wit; AYES: Burroughs, Combs, Felber, Leal, Torres, Zaker, De La Rosa NOES: ABSENT: ABSTAIN: _________________________ Michael De La Rosa, Chair ATTEST: ________________________ Mariluz Zepeda, Secretary 12