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HomeMy WebLinkAboutRDA Reso 2006-1954 e e e RDA RESOLUTION NO 2006-1954 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (1) APPROVING DESIGN REVIEW PERMIT (DRC-05-50); AND (2) ADOPTING AN OWNER PARTICIPATION AGREEMENT FOR EXTERIOR AND INTERIOR TENANT IMPROVEMENTS TO MODIFY AN EXISTING 25,742 SQUARE-FOOT STRUCTURE LOCATED AT 320 THIRD AVENUE FOR THE OPERATION OF A NEW ATHLETIC FITNESS HEALTH CLUB (FANCHER DEVELOPMENT SERVICES) A. 1. RECITALS 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 320 Third Avenue, Chula Vista; and 2. Project Application WHEREAS, on May 9, 2005 a duly verified application for a Design Review Permit (DRC-05-50) was filed with the City of Chula Vista on behalf of Fancher Development Services (Applicant); and 3 Project Description; Application for Design Review Permit WHEREAS, Applicant requests Design Review Permit approval for exterior and interior improvements to modify a 25,742 square-foot building for fitness uses (Project) as depicted on plans on file with the Community Development Department; and 4 Chula Vista Redevelopment Corporation Record on Application WHEREAS, on May 25, 2006, the Chula Vista Redevelopment Corporation (CVRC) held a duly noticed public hearing to consider said application and after considering all evidence and testimony presented, continued the item and requested that the applicant present the proposed tenant improvement design to the Third A venue Village Association (T A VA) Board and Design Sub-Committee and to the Town Centre Project Area Committee (TCPAC). WHEREAS, the Northwest Civic Association and Crossroads II requested that the applicant present the design to their respective organizations; and WHEREAS, these presentations occurred in June and July 2006; and WHEREAS, the applicant has incorporated significant design element changes in response to the input received; and WHEREAS, the CVRC held a second duly noticed public hearing to consider said application on July 13, 2006, and after considering all evidence and testimony presented, RDA Resolution No. 2006-1954 Page 2 recommended by a vote of 7-0 that the Redevelopment Agency adopt a resolution approving --. Design Review Permit (DRC -05-50) and Owner Participation Agreement. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency does hereby find, determine, and resolve as follows: B. CHULA VISTA REDEVELOPMENT CORPORA nON RECORD The proceedings and all evidence on the Project introduced before the Chula Vista Redevelopment Corporation at their public hearings on this Project held on May 25, 2006 and on July 13, 2006, and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINA nON The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary D CONFORMANCE WITH DESIGN MANUAL The Redevelopment Agency does hereby find that the Project is in conformance with the Town Centre Design Manual, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. I The arrangement of structures, parking and circulation areas, and open space should recognize the particular characteristics of the site and should relate to the surrounding built environment in pattern, function, scale, character and materials. In developed areas, new projects should meet or exceed the standards of quality, which have been set by surrounding development. .-. The proposed facade design colors and materials, such as the exterior plaster finish walls that will hide the existing exposed cylindrical columns, will help soften the front entry and streetscape. The plaza area in the northeastern comer of the project site will include enhanced paving. The existing trees in the plaza will be retained and the tile planters will be repaired. Plaza elements details, such as landscape plants and street furniture elements, will be determined pending completion of the Third Avenue Streetscape Master Plan. The enhanced courtyard space provides a connection from the project site to the existing northern commercial development, Park Plaza at the Village. 2. Building entries should be readily identifiable. Use recesses, projections, columns and other distinctive architectural elements, as well as materials and colors, to articulate entries. The building bulk will be reduced by creating the appearance of individual storefronts through structured elements, enhanced color contrasts, and various colored awnings. The existing cylindrical gray concrete columns will be hidden within the exterior plaster finish walls. The entry to the building has been redesigned with a textured plaster portal with the company's sign located above it. The glass roof will be removed, which will reduce the overall amount of storefront glazing. The addition of these architecture elements will give the building a "sense of entry" --. e e e RDA Resolution No. 2006-1954 Page 3 3 Arcades, canopies, trellises and awnings are recommended for functional as well as aesthetic reasons. Colored awnings will be installed above the individual storefronts. In addition to providing a modest amount of overhead protection from the elements, these awnings provide decorative enhancement and further delineate the building f~ade. These design elements will further enhance the pedestrian experience. 4. Colors and materials should be consistent with the chosen architectural style and compatible with the character of surrounding development. The colors and materials samples submitted for review indicate that the building facade will consist of light beige and tan colors. The proposed colors and materials are consistent with the contemporary architecture of the building, which in turn is compatible with the surrounding commercial development. The most common colors along Third A venue commercial uses consist of light cream, dark brown, and dark tan colors, as well as lighter warm colors such as pale and dark yellow A varied roofline parapet with design elements such as streamlined horizontal lines and simplification of form is reflective of the Art Deco era. This also gives each storefront an individual identity 5. All mechanical equipment shall be screened from view All screening devices should be compatible with the architecture, material and color of the adjacent structures. All utilities and equipment shall be architecturally screened and/or located out of public view as required. E. TERMS OF GRANT OF PERMIT The Chula Vista Redevelopment Agency does hereby approve Design Review Permit (DRC-05- 50) subject to the following conditions: I The subject property shall be developed and maintained in substantial conformance with the approved application, plans, and color and material board, except as modified herein. 2. All exterior lighting plans, landscape and irrigation plans, solid waste and recycling plans shall be submitted for review and approval prior to the issuance of building permits. 3 In lieu of the contribution to the public art fund for the procurement and installation of works of fine art, the applicant/owner shall provide and maintain a work of fine art that is approved by the Chula Vista Redevelopment Corporation, or designee such as the City's Cultural Arts Commission, and which has a total value of 1 % of the total cost of the project. The approved art element shall be installed within the plaza area prior to the issuance of a certificate of occupancy 4 All utilities and equipment shall be architecturally screened and/or located out of public view 5 All cracked or broken tiles on planter boxes in front and, on the north side, of the building shall be repaired or replaced. 6. All damaged walkways surrounding the building shall be repaired. RDA Resolution No. 2006-1954 Page 4 7. The applicant/owner shaH enhance paving and retain the existing trees in the plaza area subject to the approval of the City's landscape architect and prior to the issuance of certificate of occupancy '"""" 8. Subsequent to the issuance of a building permit and within six months of the adoption of the Third Avenue Streetscape Master Plan, the applicant/owner shall obtain City approval for, and install, additional landscape plants and street furniture elements within the plaza area consistent with the Third Avenue Streetscape Master Plan. 9 A graffiti resistant treatment shaH be specified for all wall and building surfaces and shall be noted on all building and wall plans prior to issuance of building permits. 10. The project shall comply with applicable codes and requirements including but not limited to CBC, CFC, CMC, CPC, CEC, ADA requirements, Title 24, and other codes in effect at the time of issuance of any permit. II The applicant/owner shall comply with aH applicable federal, state, and local requirements, and in any case where it does not comply, this permit is subject to modification or revocation. 12. This permit shall become void and ineffective if not used or extended within one year from the effective date thereof, in accordance with Section 1914.600 of the Municipal Code. 13. This permit shaH 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 cannot, in the normal operation of the use permitted, be expected to economically recover. """" 14 The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless the City, 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 (coHectively, 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 shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below The applicant's compliance with this provision is an express condition of this permit and this provision shaH be binding on any and all of the applicant's successors and assigns. F EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the Property Owner, and the ApplicantJRepresentative shall execute this document by making a true copy of this letter of conditional approval, signing both ~ the original and true copy on the lines provided below, said execution indicating that the e e e RDA Resolution No. 2006-1954 Page 5 Property Owner and Applicant! Representative have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Project Planner in the Community Development Department. Failure to return a signed copy and stamped copy of this document to the Community Development Department within thirty days of receipt of the notification of action shall . ndicate the appl" 1's desire that the Project be held in abeyance without approval. r~3/oh I <Oate ~J~t I I Date ~ Sign ture of Property Owne licant 1IY\<t- G. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the forgoing 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, litigate, 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. !NV ALIDITY, 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. I. NOTICE OF EXEMPTION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Agency of the City of Chula Vista does hereby (1) approve Design Review Permit (DRC-05-50); and (2) adopt an Owner Participation Agreement for exterior and interior tenant improvements to modify an existing 25,742 square-foot structure located at 320 Third Avenue for the operation of a new athletic fitness health club (Fancher Development Services). RDA Resolution No. 2006-1954 Page 6 ~z:y _H~ ~k Approved as to form by ~ ~~\~\\ Ann oore General Counsel Acting Community Development Director PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this I st day of August 2006, by the following vote: AYES: Agency Members: Chavez, McCann, and Padilla NAYS Agency Members: None ABSENT. Agency Members: Castaneda, Rindone /~~@ft ATTEST -.., ~sm~# STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Dana M. Smith, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the foregoing RDA Resolution No. 2006-1954 was duly passed, approved, and adopted by the Redevelopment Agency at a special meeting held on the 1 st day of August 2006. Executed this 1 st day of August 2006. ~ d(. -LX Dana M. Smith, Secretary -..,