HomeMy WebLinkAboutResolution 2025-04
RESOLUTION NO. 2025-04
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA APPROVING A MODIFICATION TO
CONDITION NO. 22 OF DESIGN REVIEW PERMIT DR22-
0025, REDUCING THE REQUIRED PUBLIC-RIGHT-OF-WAY
DEDICATION FROM 11 TO 9 FEET
WHEREAS, on September 14, 2022, a duly verified application for a Design Review
Permit was filed with the City of Chula Vista Development Services Department by Urbana 2.0,
LLC (“Applicant”); and
WHEREAS, the property that is the subject of this Resolution is owned by Carmel Oaks
Del Mar, LLC (“Property Owner”) and is located in the UC-2 (Gateway) subdistrict of the Urban
Core Specific Plan (“UCSP”) area, at 355-365 H Street, and is otherwise identified by Assessor’s
Parcel Numbers 568-450-50 and 568-450-51, totaling approximately 0.94 acre (the “Project Site”);
and
WHEREAS, the subject property is designated in the Chula Vista General Plan as a mixed-
use transit focus area; and
WHEREAS, the Applicant requests approval to construct a seven-story, 208-unit
multifamily residential building with a rooftop pool deck/terrace and underground parking
(“Project”); and
WHEREAS, pursuant to Chula Vista Municipal Code (“CVMC”) 19.14.582(B), a public
hearing before the Planning Commission is required for Design Review applications proposing
more than 200 residential units; 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 in the previously certified Final Environmental
Impact Report for the Urban Core Specific Plan (EIR 06-01; SCH #2005081121; certified by City
Council Resolution No. 2007-097 on April 26, 2007) in that the Project is within the scope of the
program 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 for the Project
under CEQA and DR22-0025 for the Project as proposed; and
WHEREAS, the Director of Development Services set the time and place for a hearing on
the Project before the Planning Commission to consider the Project, 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
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WHEREAS, a public hearing on the Project was held as advertised at 6:00 p.m. on
Wednesday, May 14, 2025, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission, and the hearing was thereafter closed; and
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 same, following findings regarding DR22-0025:
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 condition modification, and Project with office and retail uses, is within the
scope of the UCSP and the UC-2 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).
2. The proposed Project is consistent with the Chula Vista General Plan, Title 19 of the
CVMC, and the UCSP.
The proposed multifamily residential Project, and condition modification, is consistent
with the Chula Vista General Plan’s mixed-use transit focus area designation and its intent
to provide the highest intensity mixed-use residential environment within one-quarter mile
of transit stops. The Project is also consistent with the provisions of the UCSP and the UC-
2 subdistrict development standards and regulations, as well as any applicable standards
not contained within the UCSP but covered by Title 19 of the CVMC.
3. The proposed Project is consistent with the design requirements and
recommendations contained in Chapter VII of the UCSP.
The proposed building design incorporates a variety of materials and architectural features
in a neutral color palette with a contemporary theme. The proposed building facades will
utilize a combination of colors and materials to minimize repetitive design elements and
allow for architectural flexibility. The proposed parking area will be located underground
and will not be visible from public views. A landscaped courtyard and rooftop area
encourage activity within the development.
4. The Project will not adversely affect the health, safety, or general welfare of the community.
The proposed multifamily residential building is a permitted use in the UC-2 subdistrict,
and along with the condition modification, meets all development standards, including
required parking and landscaping, as required in the UCSP, the CVMC, and as conditioned
herein.
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BE IT FURTHER RESOLVED that the Planning Commission, based on the findings
above, does hereby approve the condition modification to DR22-0025, and subject to the same,
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. 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 CVMC 9.20.055 (Removal
Provisions) regarding graffiti control or meet a different and appropriate standard
consistent with the intent of the provisions that is established by the Director of
Development Services.
2. The Applicant shall develop the Project and Project Site in accordance with the approved
plans for DR22-0025, 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 for this Design Review.
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 EIR 06-01 and the related
Mitigation Monitoring and Reporting Program (“MMRP”) for the same 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
EIR 06-01 and the related MMRP, which shall be approved in writing by the Director of
Development Services or their designee.
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Land Development
7. The Applicant shall comply with all requirements and guidelines of the CVMC; the Chula
Vista Subdivision Manual; the Chula Vista Design and Construction Standards; the
Development Storm Water Manual for Development and Redevelopment Projects; Chula
Vista Grading Ordinance (No. 1797); and the Subdivision Map Act.
8. Prior to the final building inspection, the infrastructure serving the Project Site shall be
constructed and fully operational to the satisfaction of the Director of Development
Services.
9. The Applicant shall deposit any applicable fees in accordance with the Master Fee
Schedule for any required submittals per the Subdivision Manual and CVMC.
10. Prior to the issuance of any building permit for the Project, the Applicant shall submit an
improvement plan and obtain a Construction Permit to construct sidewalk, curb and gutter,
street trees, private driveways, and associated signage and striping in the City’s right-of-
way, including but not limited to the following requirements:
a. All driveways shall conform to the City of Chula Vista’s sight distance
requirements in 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 sidewalk
along the applicable Project frontage on H Street per San Diego Regional Standard
Drawings G-02 and G-07 (for non-monothetic) or G-03 (for monothetic), to the
satisfaction of the City Engineer. Sidewalk shall be designed and constructed with
proper transitions to existing conditions.
c. Removal and replacement of existing pedestrian ramps according to the City’s
Americans with Disabilities Act (“ADA”) standard requirements as part of the
improvement plans.
d. Additional asphalt paving for the replacement of any 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 consistent with Chula
Vista Construction Standard Drawing GSI-03.
12. It is the Applicant’s responsibility to identify, process, and obtain any required permits
from any applicable agency and/or jurisdiction other than the City prior to the issuance of
any City permit.
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13. Any improvements 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.
14. Prior to beginning any earthwork activities at the site, and before issuance of a building
permit, the Applicant shall submit grading plans to the Land development Division for
processing, reviewing, and permitting in accordance with CVMC 15.04. Plans shall be in
conformance with the City’s Subdivision Manual and the City’s current Best Management
Practices (“BMP”) Design Manual.
15. A transportation permit is required prior to hauling any material from the Project Site. If
any surplus material is to be transported from the Project Site, the Applicant shall provide
a letter from the receiving site prior to exporting any material.
16. The Applicant shall provide technical reports during review of the grading plans, including
but not limited to geotechnical, drainage, sewer, and any other required report. The reports
shall be reviewed and approved prior to the issuance of a grading permit.
17. Prior to issuance of the first permit for the Project, the Applicant shall submit a detailed
sewer study for review and approval, prepared by a civil engineer registered in California.
Any approved recommendations in the study shall be implemented and constructed by the
applicant as part of the first permit issuance for the Project.
18. The submitted Stormwater Quality Management Plan (“SWQMP”) is considered
conceptually complete and provides adequate information regarding the Project’s BMP
objectives to move forward with construction drawings. Additional requirements may be
imposed at the time of development and/or upon submittal of a Land Development permit
application, depending upon the final plans submitted for review and approval.
19. The submitted drainage report is considered conceptually complete and provides adequate
information regarding the Project’s drainage objectives to move forward with construction
drawings. Additional requirements may be imposed at the time of development and/or upon
submittal of a Land Development permit application, depending upon the final plans
submitted for review and approval.
20. Prior to issuance of the first of the grading, construction, or building permits, the Applicant
shall enter into a Stormwater Management Facilities Maintenance Agreement for the
perpetual maintenance and funding of all post-construction permanent BMP facilities
within the Project Site to the written satisfaction of the City Engineer.
21. The following applies to any retaining wall on the site:
a. When grading plans are submitted for a grading permit, all retaining walls shall be
noted on the grading plans and include a detailed wall profile.
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b. Structural wall calculations are required if walls are not built per San Diego
Regional Standard Drawings or Chula Vista Construction Standard Drawing 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 City standard.
e. Retaining wall drains shall tie into the drainage system.
22. Prior to the issuance of any City permit, and in accordance with the provisions of the Urban
Core Specific Plan, the Applicant shall grant an irrevocable offer of dedication of nine (9)
feet along the Project’s entire H Street frontage. The dedication shall be consistent with the
street frontage improvements of the adjacent Urbana Apartment Community and shall be
to the satisfaction of the City Engineer.
23. Prior to the issuance of any building permit within the Project Site, the Applicant shall
provide the City with proof of Pad Certification.
24. Prior to the issuance of any City permit, the Applicant shall provide a “Will Serve” letter
from the Sweetwater Authority District.
25. 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.
26. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be
designed to meet the City of Chula Vista Design Standards, ADA standards, and Title 24
standards, as applicable.
27. 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.
28. Any proposed fire access roads and driveways shall meet the standards set by the
Subdivision Manual and Engineering & Capital Project Directive 2024-03 - Traffic Index
& Pavement Structural Section Calculations to the satisfaction of the City Engineer or
designee.
29. Any proposed trash enclosure shall be a covered trash enclosure meeting the requirements
of Fact Sheet SC-Q of the City’s current BMP Design Manual.
30. Prior to the issuance of a construction permit or building permit, the Applicant shall obtain
an encroachment permit for any private facilities proposed within public rights-of-way
and/or City easements.
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31. 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.
Landscape Architecture
32. 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/developmentservices/resources/dsdformsspeci
fications. Said plans shall conform to the following City documents, which include but are
not limited to:
a. Landscape Water Conservation Ordinance (LWCO), CVMC 20.12
b. City of Chula Vista Landscape Manual
c. Shade Tree Policy (576-19)
33. Prior to the final building inspection, the Property Owner shall have installed the approved
landscape improvements in accordance with the submitted landscape improvement plans
and shall have had said improvements inspected and approved by City staff, to the
satisfaction of the Director of Development Services or their designee.
34. New dwelling units generate Park Acquisition and Development (“PAD”) fees in
accordance with CVMC 17.10. Payment of the PAD fee per dwelling unit is required in
accordance with CVMC 17.10.100; however, pursuant to Ordinance No. 3324, payment of
PAD fees can be deferred to the final inspection. The PAD fee amount shall be based on
the rates in effect at the time in which they are due. The PAD fee is adjusted on an annual
basis on October 1st, and costs are subject to change at that time.
35. The Applicant shall comply with all requirements and guidelines of the UCSP, including
the installation of site amenities such as pedestrian-scale pole lights, benches, tree grates,
bike racks, and trash receptacles. These elements shall be shown graphically on the public
improvement plans, building plans, and landscape plans prior to plan approval. The
Applicant shall provide electrical connection for pedestrian lighting on electrical site plans
within the building permit set.
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
DR22-0025, which include a site plan, floor plans, and elevations on file in the
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Development Services Department. The Project shall also maintain compliance with the
conditions contained herein and the UCSP UC-2 development regulations, as well as other
applicable regulations of the UCSP and the CVMC.
2. Approval of this Project shall not waive compliance with any provisions of the UCSP, the
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
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 fees
(collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) the
City’s approval and issuance of this permit and (b) the City’s approval or issuance of any
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
Property Owner’s compliance with this provision is an express condition of this permit and
shall be binding on any and all of the Applicant/operator’s successors and assigns.
4. The Applicant shall comply with all applicable requirements and guidelines of the Chula
Vista General Plan, the Chula Vista Landscape Manual, the CVMC, and the UCSP, 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 City staff 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 (December
11, 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 DR22-0025 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.
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9. In accordance with Mitigation Measure 5.13-1 of the MMRP for EIR 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; the 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
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 returned to the City’s Development Services Department.
________________________________ _______________________
Kevin O’Neill Date
for Urbana 2.0, LLC
Applicant
________________________________ _______________________
Greg Scott Date
for Carmel Oaks Del Mar, LLC
Property Owner
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6/5/2025
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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 fails 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 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.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form
_________________________ _____________________
Robert A. Vacchi Marco A. Verdugo
Interim Director of Development Services City Attorney
PASSED, APPROVED and ADOPTED by the Planning Commission of the City of Chula
Vista, California, this 14th day of May 2025, by the following vote:
AYES: Commissioners: Burroughs, Combs, Felber, Leal and Torres
NOES: Commissioners: None
ABSENT: Commissioners: Sanfilippo and De La Rosa
___________________________
for Michael De La Rosa, Chair
ATTEST:
_______________________
Mariluz Zepeda, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2025-04 was duly passed, approved, and adopted by the Planning
Commission at a regular meeting of the Planning Commission held on the 14th day of May 2025.
Executed this 14th day of May 2025.
Mariluz Zepeda, Deputy City Clerk
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