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Home My WebLink AboutRDA Reso 2003-18162006-0543013 e e e Recording requested by: City ofChula Vista After recording return to: City Clerk's Olliee City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 DOC # 2006-054801:3 1111111111111111111111111111111111111111111111I11111111111111I11111111 AUG 01, 2006 10'31 AM Dr+I[.j,.~.L F-,EU]r~[I', ':,.t.,f'j [IILi ~II U IUN r FiEU1rmER":,I]FFICt li,FiEbCifl", .1 ';ttliTH LOUN II Hl:.LOR[IER r[i:.':, Cl.OU P':':'.I~lEc, '3 111111111111111111111111111111111111I1111I1111I111111111I1111I1111I111111111111' This space for Recorder's use only ~ {cui' RDA RESOLUTION NO. 2003-1816 Document Title e e e RDA RESOLUTION NO. 2003-1816 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING DESIGN REVIEW PERMIT (DRC-03-11) AND ADOPTING AN OWNER PARTICIPATION AGREEMENT TO ALLOW THE CONSTRUCTION OF A 30,000 SQUARE FOOT BUILDING FOR RETAIL/WAREHOUSE USES AT 830 BAY BOULEVARD (FOSTER INVESTMENT CORPORATION) A. RECITALS 1. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 830 Bay Boulevard, Chula Vista; and 2. Project Application WHEREAS, on August 12,2002, a duly verified application for a Design Review Permit (DRC-03-11) was filed with the City of Chula Vista on behalf of Foster Investment Corporation (Applicant); and 3 Project Description; Application for Design Review Permit WHEREAS, Applicant requests Design Review Permit approval to develop a 30,000 square foot building for retail/warehouse uses (Project) as depicted in plans on file with the Community Development Department; and 4 Design Review Committee Record on Application WHEREAS, the Design Review Committee held a duly noticed public hearing to consider said application on March 17, 2003, and after considering all evidence and testimony, presented recommended by a vote of 3-0 that the Redevelopment Agency approve Design Review permit (DRC-03-11); and 5. Redevelopment Agency Record on Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency on April 15, 2003, to receive the recommendation of the Design Review Committee and to hear public testimony with regard to same. RDA Resolution No. 2003-1816 Page 2 B. DESIGN REVIEW COMMITTEE RECORD """ The proceedings and all evidence on the Project introduced before the Design Review Committee at their public hearing on this Project held on March 17, 2003, and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINA nON The Environmental Review Coordinator has prepared a Notice of Exemption in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista. D CONFORMANCE WITH DESIGN MANUAL The Redevelopment Agency of the City of Chula Vista does hereby find that the Project is in conformance with the City Design Manual, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1 Placement of structures should consider the existing built context of the industrial area. The proposed building is appropriately located to meet all required setbacks, provide for vehicular circulation, and maximize access to parking and loading areas. The building is also designed to conform to the irregular shape of the lot. The size and scale of the proposed building is compatible with the nearest commercial/industrial building to the north. The building's placement also allows for shared access and parking. """" 2. Site access and internal circulation should promote safety, efficiency and convenience. Avoid conflicts between vehicles and pedestrians, etc. A driveway is proposed around the building to maximize vehicular circulation, access to parking and loading areas, and fire access. Loading and service access is provided at the rear of the building, opposite most of the storefront entrances. The shared driveway with the adjacent property to the north would minimize traffic turning movements onto Bay Boulevard. 3. The industrial site should be a self-contained development capable of accommodating its own automobile and truck parking needs. The proposed parking would exceed the minimum requirements for retail and warehouse uses. 4 Separate vehicular and pedestrian circulation systems should be provided whenever possible. Sidewalks are provided along all storefront elevations of the building and from Bay Boulevard. Accessible curb ramps and painted pedestrian crossing are incorporated into the circulation design. ""'" e e e RDA Resolution No. 2003-1816 Page 3 5 Walls serve a major jUnction in the industrial landscape to provide security and to screen automobiles, loading and storage areas. and utility structures. No walls are proposed other than for trash enclosures. No other storage areas are proposed. The building itself serves to screen service entrances located to the rear of the building. The open layout of the site would be consistent with the existing development adjacent to the north. 6. There is no particular architectural style required for industrial structures. The proposed architecture is appropriate for a commerciaVindustrial building and would be compatible with other existing industrial and commercial buildings in the area. 7 Heights and setbacks within the same building should be varied and wall planes should be staggered both horizontally and vertically in order to create pockets of light and shadow and provide visual relief from monotonous uninterrupted expanses of wall. The proposed building is irregular in shape and uses varied wall heights; canopies and projecting supporting structures, offset entryways, and varied construction materials to create visual relief in an industrial building. 8. Colors and material should be consistent with the chosen architectural style and compatible with the character of surround development. The proposed colors and materials are consistent with the contemporary architecture of the building, which in turn is compatible with the surrounding industrial development. Colors and materials samples are required to be submitted to the Design Review Committee for review and approval. 9 All mechanical equipment shall be screenedfrom view This requirement is a condition of approval. 10. Areas not covered by structures, drives, parking or paving should be appropriately and professionally landscaped Final landscape and irrigation plans will be required to be reviewed and approved by the City Landscape Planner for compliance with the city Landscape Manual. E. TERMS OF GRANT OF PERMIT The Redevelopment Agency of the City of Chula Vista does hereby approve Design Review Permit (DRC-03-ll) subject to the following conditions: I. Prior to the issuance of building permits, a sign program shall be submitted to the Design Review Committee for review and approval pursuant to the Bayfront Sign Program. RDA Resolution No. 2003-1816 Page 4 2. Prior to the issuance of building permits, colors and materials samples shall be "". submitted to the Design Review Committee for review and approval. 3 Prior to the issuance of building permits, a landscape and irrigation plan and a water management plan shall be submitted to the City Landscape Planner for review and approval. 4 Prior to the issuance of building permits, a lighting plan/program shall be submitted to the Zoning Administrator for review and approval. 5 Prior to the issuance of building permits, the developer shall contribute one half of one percent of the building valuation to be deposited as funds with the City and to be used at the discretion of the Redevelopment Agency, in consultation with the developer, in creating and funding significant works of art (Redevelopment Agency Resolution No. 624). 6. The Applicant shall comply with all applicable codes and regulations and the requirements of the Planning and Building Department, the Public Works Department, the Community Development Department, the Fire Department, and any other federal, state, or local responsible agency. 7 A reciprocal access easement for the shared driveway on Bay Boulevard shall be provided for the subject property and the adjacent property to the north in the event that ownership changes on either parcel. Any reciprocal access or parking easements shall not reduce the provided parking beyond the minimum required number of parking spaces on site. """ 8. All utility boxes, cabinets, pedestals, vaults, poles, condensers, transformers, HV AC, ducts, valves, meters, antennas, and similar equipment shall be screened and/or located out of public view and any noise buffered from adjacent streets and properties. Any screening shall be architecturally integrated into the building design. 9. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 10. No outdoor storage, vehicular maintenance, or other outdoor sues shall be permitted on the subject property. 11 The project shall be constructed in substantial conformance with the approved application and plans, unless otherwise modified herein, and shall be maintained in substantial conformance therewith. 12. Design Review Permit (DRC-03-11) shall expire if building permits are not issued or the approved use has not commenced within one year from the date of approval, unless a written request for an extension is received prior to the expiration date. -.. e e e RDA Resolution No. 2003-1816 Page 5 13 This permit shall be subject to any and all new modified, or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given the permittee the right to be heard with regard thereto. However, the City in exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee carmot, in the normal operation of the use permitted, be expected to economically recover 14 The Applicant and property owner shall and does hereby agree to indemnify, protect, defend, and hold harmless City and Agency, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from a) City's approval and issuance of this permit, b) City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and without limitation, any and all liabilities arising from the operation of the facility Applicant and property owner shall acknowledge their agreement to this provision by executing a copy of this special land use permit where indicated below. The Applicant and property owner's compliance with this provision is an express condition of this permit, and this provision shall be binding on any and all of the Applicant and property owner's successors and assigns. F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder's office of the County of San Diego, and a signed, stamped copy returned to the Community Development Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the Community Development Department shall indicate the property owner/Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Community Development Department's files and known as RDA Resolution No. 2003-1816. 7 - I tf~dCo Date . (/(Y#IJ PRlN't NAME Signature of Property Owner/Applicant Date PRINT NAME RDA Resolution No. 2003-1816 Page 6 G. CONSEQUENCES OF FAILURE OF CONDITIONS -." If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute, litigated, or compel their compliance; or seek damages for their violations. Applicant or successor in interest gains no vested rights by the Redevelopment Agency approval of this Resolution. H. INVALIDITY, AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency 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 anyone or more terms, provisions, or conditions are determined by a Court of Competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect abinitio. 1. NOTICE OF EXEMPTION The Project will be have significant adverse impact on the environment and is exempt from the California Environmental Quality Act (CEQA) under Section 15332 Infill Development Projects, Class 32. ......... BE IT FURTHER RESOLVED that the Redevelopment Agency does herby approve an Owner Participation Agreement to allow the construction of a 30,000 square foot building for retaiVwarehouse uses at 830 Bay Boulevard. Presented by Approved as to form by ~i~ \'\).f~~\\ Ann Moore Agency Attorney ......... e e e RDA Resolution No. 2003-1816 Page 7 PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this 6th day of May 2003, by the following vote: AYES. Agency Members: NAYS. Agency Members: ABSENT Agency Members: ATTEST: ~-~ ~JJ/.J <c/ La . e A. Madigan, ecre STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) Davis, McCann, Rindone, Salas, and Padilla None Nooo A 2 j K /(J! Stephen C. Padilla, Chairman I, Laurie A. Madigan, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the foregoing RDA Resolution No. 2003-1816 was duly passed, approved, and adopted by the Redevelopment Agency at a regular meeting held on the 6ili day of May 2003. Executed this 6th day of May 2003. RDA Resolution No. 2003-1816 Page 8 EXHIBIT A I~ """\ oulCE ENEIlCY I'O'MO< SEIMC:S """"" SAN DIEGO MY SOG&E POWa Pl>>IT C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJI!CT IlESCRIPl'ION: C) APPUCAN1l FORSTER INV5TMENT CORP. DESIGN REVIEW ~. .830 BAY BOULEVARD Request Proposal to construct a 3O.00Osq.tl shell, PD.:E NUMBER: building consisting 9f concrete tilt-up panels. Project SCAU;: will function to shelter retalVwarehouse actlvily. NORTH No Scale DRc-03-11 """\ ;.\a.-...."..\nIOft...i",.,'u-"DrnI~~tn~\drcl)311.cdr 08..28.02