HomeMy WebLinkAboutRDA Reso 2004-18882006-0507445
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Recording requested
by:
City of Chula Vista
After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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RESOLUTION NO. 2004-1888
Document Title
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RDA RESOLUTION NO. 2004-1888
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA APPROVING SPECIAL USE PERMIT
(SUPS 04-07) AND DESIGN FOR A MIXED-USE RESIDENTIAL
AND OFFICE COMMERCIAL DEVELOPMENT LOCATED AT
1030/1034 BROADWAY WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA
I.
RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this resolution is diagrammatically
represented in Exhibit A and incorporated herein by this reference, and for the purpose of general
description herein consists of 1.3 acres located at 1030/1 034 Broadway ("Project Site"); and
B. Project; Applications for Discretionary Approval
WHEREAS, on April 23, 2004, a special use permit application was filed by Carlos
Madrazo ("Developer") with the Planning and Building Department of the City of Chula Vista
requested a special use permit to construct and operate a mixed-use project that includes 30
condominium units, 5,000 square feet of office, and reductions in setbacks and parking
requirements ("Project"); and
C. Prior Approvals
WHEREAS, the Design Review Committee held an advertised public hearing on the
project on May 17,2004, at 4.30 p.m. in the City Council Chambers at 276 Fourth Avenue and,
after hearing staff presentation and public testimony, voted 3-0-1-1 to recommend that the
Redevelopment Agency approve the proposed Project as depicted in Exhibit B on file, and
subject to the conditions contained therein; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on June 16, 2004, and after hearing staff presentation and public testimony, voted 7-0 to
recommend that the Redevelopment Agency consider and adopt Mitigated Negative Declaration
(IS-03-034) and approve the Project in accordance and subject to the findings and conditions
listed below; and
D. Planning Commission Record on Applications
WHEREAS, the Planning Department set the time and place for a hearing on said
Project, 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 within 500 ft. of
the exterior boundary of the Project, at least ten (10) days prior to the hearing; and
RDA Resolution No. 2004-1888
Page 2
WHEREAS, the Planning Commission held an advertised public hearing on the Project ..........
on June 16,2004, at 6:00 p.m. in the City Council Chambers sat 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 7-0 to recommend that the Redevelopment
Agency consider and adopt Mitigated Negative Declaration (IS-03-034) and approve the Project
in accordance and subject to the findings and conditions listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on June 16, 2004, and the minutes and
resolution resulting there from, are hereby incorporated into the record of these proceedings; and
E. Redevelopment Agency Record on Applications
WHEREAS, the Redevelopment Agency held an advertised public hearing on the Project
on July 20,2004, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue which was
continued to the Agency meeting of August 3, 2004, and after hearing staff presentation and
public testimony, the Redevelopment Agency voted 5-0 to adopt Mitigated Negative Declaration
(IS-03-034) and approve the Project in accordance and subject to the findings and conditions
listed below; and
WHEREAS, the Clerk for the Redevelopment Agency set the time and place for the
hearing on the Project applications and notices of said hearings, together with its purposes given
by its publication in a newspaper of general circulation in the City, and its mailing to property
owners within 1,000 ft. of the exterior boundaries of the Project site at least ten (10) days prior to
the hearing.
..........
II. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of
Chula Vista does hereby find, determine and resolve as follows:
A. Certification of Compliance with California Environmental Quality Act (CEQA)
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the proposed
project was adequately covered in Mitigated Negative Declaration (IS-03-034), previously
adopted by the City Council. The Redevelopment Agency has reviewed and considered
Mitigated Negative Declaration (IS-03-034) and finds that no further environmental review or
documentation is necessary
B. Independent Judgment of Redevelopment Agency
The Redevelopment Agency does hereby find that in the exercise of their independent
review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (IS-03-034) in the form presented have been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines
and the Environmental Review Procedures of the City of Chula Vista, and hereby adopted the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting program (IS-03-034).
..........
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RDA Resolution No. 2004-1888
Page 3
C.
Special Use Pennit Findings
The Redevelopment Agency does hereby make the findings required by
City/Redevelopment Agency rules and regulations for the issuance of special use permits, as
herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated
finding to be made.
1) That the proposed use at the particular location is necessary or desirable to
provide a service or facility which will contribute to the general well-
being of the neighborhood or community
The mixed-use project is desirable at this location and will introduce new
office and residential uses to an area surrounded by existing commercial
and residential uses in a way that provides a harmonious integration of
both land uses which could not be achieved by segmenting the
development of these land uses onto separate parcels. The urban and
pedestrian oriented nature of the project helps foster the current
development goals of increasing the livability and viability of the area.
2)
That such use will not, under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity, or injurious to property or improvements in the
vicinity.
It is anticipated that the project will not be detrimental to health, safety or
general welfare of person residing or working in the vicinity. The project
complies with the adopted precise plan development standards for the site,
which were approved based upon the findings outlined in section
19.14.576 of the Chula Vista Municipal Code. In addition, the applicant
has taken measures to minimize any negative visual impacts to
surrounding land uses through the use of increased landscaping and wall
height along the western property line.
3) That the proposed use will comply with regulations in this title for such
use.
The project complies with all regulations of the CC zone as modified by
precise plan standards adopted for the subject parcel based upon section
19.14.576 of the Chula Vista Municipal Code.
4)
That the granting of this special use pennit will not adversely affect the
general plan of the city or the adopted plan of any governmental agency.
The proposed project complies with the General Plan of the City ofChula
Vista. The adopted precise plan standards for the project site allow for the
RDA Resolution No. 2004-1888
Page 4
modification of front yard setback otherwise required by both the ..-""
Montgomery Specific Plan.
III. APPROVAL AND TERMS OF GRANT OF PERMIT
The Redevelopment Agency hereby approves the design of the Project and grants Special
Use Permit SUPS 04-07, subject to the following conditions:
A. Land uses within the office component of the mixed use project is limited to
office or related uses. No retail uses shall be permitted.
B. Approval of the Special Use Permit is contingent upon approval of the related
rezone (PCl 04-01) and the Ordinance entered into effect.
Planning and Building Department Conditions.
C. The site shall be developed and maintained in accordinace with the plans for
DRC-04-40 approved concurrently with this application for Special Use Permit.
D The colors and materials specified on the building plans must be consistent with
the colors and materials shown on the site plan and materials board approved by
the Design Review Committee on May 17, 2004
E.
A lighting plan conforming to CVMC Section 17.28.020 shall be provided and
adhered to. The lighting shall be shielded to remove any glare from adjacent
properties.
-..,
F. All ground-mounted utility appurtenances such as transformers, AC condensers,
etc., shall be located out of public view and adequately screened through the use
of a combination of concrete or masonry walls, berming, and/or landscaping to
the satisfaction of the Director of Planning and Building.
G. Applicant shall construct the approved six-foot high masonry/wood screen wall
along the north, south and western perimeter of the project site.
H. All roof-mounted equipment shall be fully screened from on-site parking areas
and adjacent public streets or residential view
1. Prior to occupancy, applicant shall submit a copy of a reciprocal parking
agreement or other legal mechanism to insure that the 4 shared parking spaces
will remain available for both office and guest parking for residential units. Said
agreement must be reviewed and approved by the Director of Planning.
J Applicant shall comply with the following parking standards:
I)
Standard (61, including 4 shared)
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RDA Resolution No. 2004-1888
Page 5
2)
3)
4)
Compact (5)
Disabled (1)
Maintain a 90-degree angle back-up area with a 24-foot aisle distance
between parking stalls.
K. Applicant shall comply with all requirements of the City's Building Division,
including the following:
1) Obtain all necessary permits.
2) Submit architectural plans for building permit review that are stamped and
signed by a licensed architect. Plans shall include a site plan and building
elevations that are consistent with this DRC approval.
3) Structural plans and calculations must be stamped and signed by a
California Registered Civil/Structural Engineer.
4) Project shall comply with 2001 Energy Requirements.
5) Project shall comply with 2001 CBC, CPC, CEC, and CMC, Seismic
Zone4; wind speed 70 mph exposure C.
6) A soils report shall be included with plans submitted for permits.
7) 1 hour separation required where buildings do not meet set back
requirements from adjacent buildings.
L.
A graffiti resistant treatment shall be specified for all wall and building surfaces.
This shall be noted for any building and wall plans and shall be reviewed and
approved by the Director of Planning and Building prior to the issuance of
building permits. Additionally, the project shall conform to Sections 9.20.055
and 9.20.035 of the CVMC regarding graffiti control.
M. Submit a "Recycling and Solid Waste Management Plan" to the Conservation
Coordinator for review and approval as part of the permit process. The plan shall
demonstrate those steps the applicant will take to comply with Municipal Code,
including but not limited to Section 8.24 and 8.25, and meet the State mandate to
reduce or divert at least 50 permit of the waste generated by all residential,
commercial and industrial developments. The applicant shall contract with the
city's franchise hauler throughout the construction and occupancy phase of the
project.
N. The projet must stay in compliance with the State mandate to reduce waste
generated by all residences and must comply with the Recycling and Solid Waste
Plan filed with the City ofChula Vista Manager of Special Operations office.
O. The property must be kept sanitary and litter free as per Chula Vista Municipal
Code 8.24.060.
P
Applicant shall coordinate with the City's Conservation Coordinator regarding the
correct size of trash enclosures.
RDA Resolution No. 2004-1888
Page 6
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All landscaping and hardscape improvements shall be installed in accordance with
the approved landscape plan and the comments of the City Landscape Planner,
including the following:
'""""
1 ) Provide a detailed landscape plan for review and approval with the
building permit submittal.
2) Provide and adhere to a Water Management Plan, Fencing Plan, and
Planting and Irrigation Plan.
3) Install approved root barriers for trees planted within 5 feet of any curb or
hardscape surface such as sidewalks.
4) Concurrent with the building permit package, show the ultimate locations
of any transformers. Installed transformers shall not interfere with
landscape planter areas. Where transformers must be located in approved
planter area, an equal and similarly useful planter area shall be provided as
a replacement planter area as approved by the City Planning and Buidling
Department.
5) Install a 6-inch concrete mow curb throughout the site to separate lawn use
from shrub/ground cover areas.
R. All trees and shrubbery are to be maintained. Trees are to be cleared up at least
six feet and shrubbery is to be cleared to three feel tall.
S.
Building plans and construction shall reflect requirements of the Uniform Fire
Code (UFC) to the satisfaction of the Chula Vista Fire Department. Hydrants,
extinguishers and other requirements of the UFC shall be installed.
'""""
T Comply with all requirements of the Crime Prevention Unit of the Chula Vista
Police Department. This includes scheduling a security evaluation by the Police
Department. Security hardware should be indicated on building plans and
security measures shall be in place prior to occupancy
U. The applicant shall implement to the satisfaction of the City's Planning and
Building Department the mitigation measures identified in the Pharus Plaza
Mitigated Negative Declaration (IS-03-034) and Mitigation Monitoring and
Reporting Program.
Engineering Department Conditions.
V The following fees will be required based on the final building plans submitted
(refer to Development Checklist for more information):
1) Sewer Capacity Fees
2) Traffic Signal Fees
3) Public Facilities Development Impact Fees
'""""
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RDA Resolution No. 2004-1888
Page 7
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A Tentative Parcel Map and Final Parcel Map shall be required in order to create
the 24 condominium unit/one lot condominium map.
X. A grading permit will be required. A drainage study and geotechnical/soils study
are required with the first submittal of grading plans together with calculations for
the proposed drainage system.
Y. Obtain a construction permit and abide by the required standards (including those
set forth in this subsection) when performing any work in the City's right of way,
future sewer easements, which may include, but not limited to:
1)
Construction of driveway approaches; if applicable, ADA pedestrian
ramps in accordance with federal, state and City law/standards shall be
installed.
Installation of traffic signs at the proposed driveway and in the existing
median for directional traffic.
Installation of an 8-inch public sewer with manholes built to City
Standards along the main driveway Improvement plans for the public
onsite sewer system is required.
Construction of a driveway over the public sewer shall meet H20 wheel
loading standards. A six-inch thick PCC driveway over four-inch
approved base material is an acceptable structural section.
Sewer, storm drain, and other utilities connected to public systems.
Demolition of existing buildings may need to be carried out under
supervision of a qualified hazardous materials expert.
2)
3)
4)
5)
6)
Z. Streets, driveways and onsite drainage facilities within the complex shall be
designated and maintained as a private drive.
AA. A Geotechnical investigation is required at the grading plan submittal stage,
which will include, but not be limited to:
1) Foundation recommendations based on the proposed structure.
2) Pavement recommendations if new pavement is proposed.
BB. The applicant is required to comply with the City of Chula Vista's Storm Water
Management Standards Requirement Manual, including but not limited to the
following:
1)
Development of the project shall comply with all applicable regulations,
established by the United States Environmental Protection Agency
(USEPA), as set forth in the National Pollutant Discharge Elimination
System (NPDES) permit requirements for uban runoff and storm water
discharge, and any regulations adopted by the city of Chula Vista pursuant
to the NPDES regulations and requirements. Further, the applicant shall
fIle a Notice ofIntent (N0l) with the State Water Resource Control board
RDA Resolution No. 2004-1888
Page 8
to obtain coverage under the HPDES General Permit for Storm Water """'
Discharges Associated with Construction Activity and shall implement a
Storm Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both
construction and post-construction pollution prevention and pollution
control measures, and shall identifY funding mechanisms for the
maintenance of post-construction control measures.
2) The applicant is required to implement Best Management Practices
(BMPs) to prevent pollution of the storm water conveyance systems, both
during and after construction. Permanent storm water requirements shall
be incorporated into the project design, and shall be show on the plans.
Any construction and non-structural BMPs requirements that cannot be
shown graphically must be either noted or stapled on the plans.
3) A water quality study will be required to demonstrate compliance with the
requirements of the National Pollutant Discharge Elimination System
(NPDES) Construction and Municipal Permits, including Standard Urban
Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria
requirements, with the first submittal of grading/improvements plans in
accordance with the City's Storm Water Management Standards Manual.
4)
Prior to approval of any building permit for the Project, the Applicant
shall provide evidence satisfactory to the Director of Planning and
Building and the Director of Engineering demonstrating that the trash
storage areas of the project site have been designed to meet the following
requirements:
"'"
a. Paves with an impervious surface, designed not to allow run-off
from adjoining areas, screened or walled to prevent offsite
transport of trash; and
b. Provide attached lids on all trash containers that exclude rain; or
roof or awning to minimize direct precipitation.
5) The applicant is required to complete applicable forms in the Development
and Redevelopment Storm Water Management Requirements Manual, and
comply with requirements of said Manual.
6) Water quality and watershed protection principles shall be incorporated in
the design of the project. Such measures shall designed to minimize
discharges of pollutants into the storm drainage systems.
7)
The applicant is required to comply with the Standard Urban Storm Water
Mitigation Plan (SUSMP) and Numeric Sizing Criteria of the NPDES
Municipal Permit Order No. 2001-01.
"'"
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RDA Resolution No. 2004-1888
Page 9
8)
A Hydrology study will be required with the first submittal of the
GradinglImprovement plans. Such study shall demonstrate that post-
development flow rate for a given design storm does not exceed the pre-
development flow rate at the outlet of the site.
9) Adjacent storm drain inlets shall be protected at all times during the
demolition of existing buildings, and construction of the new building and
improvements.
10) Project plans should show provisions for the installation of a grease pre-
treatment device (grease trap or interceptor) to treat runoff generated in
the parking lot.
CC. This Special Use Permit will be subject to any and all new, modified, or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which the City shall
impose after advance written notice to the Permittee and after the City has given
to the Permittee the right to be heard with regard thereto. However, the City, in
exercising this reserved/condition, may not impose a substantial expense or
deprive Permittee of a substantial revenue source which the Permittee cannot, in
the normal operation of the use permitted, be expected to economically recover.
IV.
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and applicant shall execute this document by making a true copy of
this Resolution and signing this original Resolution on the lines provided below, said execution
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 returned to the City's Planning and
Building Department. Failure to return the signed true copy of this document within ten (10)
days of recordation 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.
.G/28)2JXJk>
Date. .
roperty Owner. CA"~S
J\.i4v~A"2.-<">
II
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Signature of Representative
Date
RDA Resolution No. 2004-1888
Page 10
V CONSEQUENCE 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, if any of such conditions fail to be so implemented and
maintained according to their terms, the city/Agency 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. Developer or a successor in interest gains no vested rights
by the Agency's approval of this Resolution.
VI. 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 ab initio.
P~ese9-ted by
Approved as to form by
CA~
Ann Moore
Agency Counsel
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Laurie . Madigan
Comm ity Developm
PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of
Chula Vista, California, this 3'd day of August 2004, by the following vote: ""'"'
AYES
NAYES:
ABSENT:
ABSTAIN
Agency Members: Davis, McCann, Rindone, Salas, and Padilla
Agency Members: None
Agency Members:
Agency Members:
A,TTfJT. ,
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Laune . Madigan, S cretary
STATE F CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Laurie A. Madigan, Secretary of the Chula Vista Redevelopment Agency, do hereby certify
that the foregoing Redevelopment Agency Resolution No. 2004-1888 was duly fassed,
approved, and adopted by the Redevelopment Agency at a regular meeting held on the 3' day of
August 2004
Executed this 3'd day of August 2004
""'"'
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RDA Resolution No. 2004-1888
Page II
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