Loading...
HomeMy WebLinkAboutRDA Reso 2007-1971 RESOLUTION NO. 2007-1971 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-06-005, AND APPROVING DESIGN REVIEW PERMIT DRC-06-27 AND DRC-06-28 TO CONSTRUCT 40 TOWNHOMES ON TWO PARCELS LOCATED AT 778, 780, 790, 808 AND 812 ADA STREET, WITHIN THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (SOUTHWEST AREA) I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this resolution is diagrammatically represented in Exhibit "A" which is incorporated into this resolution by this reference, and for the purpose of general description consists of two parcels totaling 1.65 acres, located at 778, 780, 790, 808 and 812 Ada Street (Project Site or Site); and B. Project; Application for Discretionary Approval WHEREAS, on November 7, 2005, a Design Review application was filed with the Planning and Building Department of the City of Chula Vista, by Nahum Mendoza and Alejandro Sanchez (Applicant); and WHEREAS, the Applicant requests approval of a Design Review Permit to construct 40 attached townhouse units on the Project Site, as depicted on the DRC-06-27 & 28 plans; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-005 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-005; and C. Prior Discretionary Approvals WHEREAS, on May 4, 2004, pursuant to Ordinance 2962, the Project Site was added to the Merged Chula Vista Redevelopment Project (Southwest Area), and therefore the Project requires approval by the Redevelopment Agency; and RDA Resolution No. 2007-1971 Page 2 of 13 WHEREAS, on February 5, 2007, the Design Review Committee recommended the adoption of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-005, and Design Review Permit DRC-06-027 & 028, by a vote of 5-0-0; and WHEREAS, on April 24, 2007, the City Council of the City ofChula Vista voted 5-0 to hold first reading of an ordinance adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-005, amending the City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code to rezone the Project Site as depicted in Exhibit "A" from the R-2-P (One and Two Family Residential, Precise Plan) Zone, to the R-3-P, Apartment Residential Zone with Precise Plan Modifying District, including Property Development Standards, and adopting a Precise Plan for the Project; and D. Design Review Committee Record on Applications WHEREAS, the proceedings and all evidence introduced before the Design Review Committee at the public hearing on this Design Review Permit held on February 5,2007, including the minutes and Notice of Decision are incorporated into the record of this proceeding; and E. Redevelopment Agency Record on Applications WHEREAS, the Redevelopment Agency held an advertised public hearing on the Project on April 24, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Agency voted 5-0 to approve the Project. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDS, DETERMINES and RESOLVES AS FOLLOWS: II. Certification of Compliance with CEQA The Redevelopment Agency finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (lS-06-005) 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 adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (lS-06-005). The Mitigated Negative Declaration is adopted based upon findings of fact pursuant to the CEQA Section 15074(b): 1. The environmental determination is based on the attached Initial Study. 2. There is no substantial evidence on the basis of the whole record that the Project will have a significant effect on the environment. 3. The Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. RDA Resolution No. 2007-1971 Page 3 of 13 A copy of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005) is on file in the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA, 91910. The document and materials which constituted the record of proceedings upon which the decision is based are under the custodial care of the Planning and Building Director/Environmental Review Coordinator. The Redevelopment Agency finds that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005) in the form presented has been prepared in accordance with requirements of the CEQA and the Environmental Review Procedures of the City of Chula Vista and adopts the same. The Redevelopment Agency of the City of Chula Vista grants Design Review Permit DRC-06-027 & 28 subject to the following conditions required to be satisfied by the Applicant and/or property owner(s): III. Findings Necessary for the Design Review Permit The Redevelopment Agency finds as follows: I. That the proposed development, as conditioned, is consistent with the development regulations of the Apartment Residential- Precise Plan ModifYing District (R-3-P) Zone. 2. That the design features of the proposed development are consistent with, and are a cost effective method of satisfYing, the City of Chula Vista Design Manual and Landscape Manual. Conditions of Approval IV. The following conditions shall be incorporated into the plan by the Applicant prior to issuance of building permits for this Project: General !Preliminary I. The Applicant shall develop, submit and obtain approval of "Recycling and Solid Waste Management Plan" by the City's Conservation Coordinator. The synopsis of the plan shall be included in the notes on the Building Plans. The plan shall demonstrate those steps that the Applicant will take to comply with the Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert 50 % of the waste generated by commercial, residential and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the Project. A "Recycling and Solid Waste Management Guide" is available at the Planning and Building Department counter. The Plan shall include a statement of how the Applicant will implement and participate in the RDA Resolution No. 2007-1971 Page 4 of 13 Recycling and Solid Waste Management Plan requirements. The proposed trash enclosure shall be designed as follows: a. Trash/Recycling enclosures shall be constructed per Site Plan and Elevations, and reviewed and approved by the Conservation and Environmental Services Department Allied Waste prior to final inspection. b. Since no vehicle turnaround is provided, pullout of bins to the street is required to service the enclosure. Enhanced paving or stamped concrete shall be designed to ensure that bins can be rolled to the street, and approved by the Conservation and Environmental Services Department and Allied Waste. c. Architecture/materials of the enclosure shall be consistent with design of the main structures. d. Provide a solid roof over trash enclosure to divert runoff. e. Install smooth concrete access/base, designed to drain away from the storm drain, in front of trash enclosure. 2. Pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1307. 3. The Applicant shall implement to the satisfaction of the Planning and Building Department and the City Engineering Division the mitigation measures identified in the Marsella Villas Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005). 4. This Project approval is contingent upon adoption of the ordinance approving Rezone PCZ-06-05, Precise Plan PCM-07-015, and Precise Plan Guidelines. Planning Division: 5. Submit and obtain approval of a detailed wall and fencing plan, with design, colors and materials to be determined by the Zoning Administrator, including the following: (a) Details of five ft. high freestanding stucco fence along northerly property line; (b) A five foot high, approx. 50 foot long CMU wall section along the western property line of Site B, adjacent to the tot lot; ( c) Color and materials of the walls fence should match the building architecture. 6. Obtain approval of a plan showing variation of building color scheme throughout the Project. RDA Resolution No. 2007-1971 Page 5 of 13 7. Building plans submitted for building permits shall include the following: a. Ground-mounted equipment including heating, air conditioning, utility boxes, and backflow valves that will not be constructed in utility enclosures will be required to be screened with a combination oflandscaping, walls or berms. b. Enhanced elevations consistent with Character Sketch (see Sheet CS-3 of approved DRC-06-27&28 plans) shall be utilized on elevations facing Ada Street, the northerly property line, and the tot lots. c. Garages door design shall include a variable color scheme, garage door windows, and enhanced landscaping, to the satisfaction of the Director of Planning and Building. 8. Provide a detailed landscape plan prepared by a California Licensed Landscape Architect for review and approval with the building permit submittal, which is in substantial conformance with the Concept Landscape Plan, and designed per Landscape Manual and CVMC requirements. The plan shall include the following modifications from the concept plan: a. Add a combination of walls and planting, to screen ground- mounted mechanical and electrical equipment and utilities. b. Provide a screening solution to soften the trash enclosure view from the tot lots. c. Add a minimum 15- foot deep band of enhanced paving or stamped concrete to the entry driveways. Paving shall be designed to permit rolling oftrash bins to the street. d. Planters located along the driveways shall be a minimum of 3 feet wide and include a curb edge. Planters shall be designed to permit large shrubs or small trees to help visually break up the rows of garages. e. Planting palette shall emphasize drought tolerant plants per requirements of the Landscape Manual. f. Incorporate shrubs and vines to the base of privacy fences, and the stucco fence at the northerly property line, to help soften and deter graffiti. g. Provide a revised planting plan and elevation study for the streetscape along Ada Street. The plans should show the ultimate landscape design, and emphasize robust specimen trees such as Phoenix Canariensis, and a combination of multi-trunked and flowering trees, evergreen low hedges, and shrub accent planting. h. Adult recreational amenities, such as picnic tables and barbeques, shall be added to the tot lots. RDA Resolution No. 2007-1971 Page 6 of 13 Building Division D. The following shall be accomplished to the satisfaction of the City Building Official: Submit building plans and required fees per the following Building Division requirements: I. Building permits are required per 2001 Ca. Building Code (CBC), Ca. Mechanical Code, Ca. Plumbing Code, and 2001 Ca. Handicapped Accessibility requirements (including SB 1025 requirements), 2004 Ca. Electrical Code, and 2005 Ca. Energy Code. 2. A Demolition Permit is required with Hazardous Materials approval prior to issuance of the Demolition permit for existing buildings. Satisfaction of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005) Mitigation Measures related to Hazards/Hazardous Materials is required prior to issuance of the Demolition Permit. 3. Compliance with Seismic Zone 4, Wind speed 70 mph, and Exposure C standards also required. 4. Structural Calculations from a licensed Civil Engineer or Architect are also required. 5. On site private sewer, water and lighting must be submitted to the Building Department and approved prior to issuance of permits. If private sewer is to be designed to the Subdivision Manual standards, it must be submitted directly to the Engineering Department for plan review and inspection. Police and Fire E. The following shall be accomplished to the satisfaction of the Police Department or Fire Marshall as specified below: 1. A composite lighting plan and elevations shall be approved to the satisfaction of the Director of Planning and Building and the Chula Vista Police Department (CVPD), prior to issuance of the building permit. The plan shall include specifications of all proposed lights, and a photometric plan that includes the pedestrian paths and driveways. Lighting shall be shielded to minimize spillover onto adjacent properties. RDA Resolution No. 2007-1971 Page 7 of 13 2. Prior to the delivery of combustible materials to the Site, comply with the requirements of the City Fire Marshall, including but not limited to the following requirements: a. All construction shall comply with the 2001 Ca. Building and Fire Code. b. Submit fire flow information from the Sweetwater Authority District indicating required fire flow of 1,500 gallons per minute for 2 hours, per Ca. Fire Code. c. New construction shall comply with CYFD policy 2916.01 for access, turnarounds, and water supply for new construction. d. Provide automatic fire sprinklers per CYFD standards. e. Each building shall be provided with a "fire control room". f. A minimum of four on-site fire hydrants is required for the Site. Hydrant location to be determined by the Fire Marshall. g. Provide fire alarms in accordance with NFPA 72 and 2001 CBC. h. Streets shall comply with C.Y.F.D. minimum turning standards 1. Comply with C.Y.F.D. policy for fire lanes. J. Provide a visible street address and locator map for each building, in accordance with premise identification detail. k. Provide approved fire extinguishers with a minimum rating of 2A-lOBC. Locate one fire extinguisher per building within an all-weather cabinet. Such fire extinguishers shall be accessible along the path of travel. I. Provide an emergency gate and improved emergency access road from north end driveway on Site B through the offsite property to Palomar Street. Any gates serving this Site shall be automatic and have an Opticom Strobe system, Knox override switch, and c1ick-to-enter system. Design shall be approved by the Fire Marshall prior to issuance of the first building permit for Site B. Engineering and Public Works Department: F. The following shall be accomplished to the satisfaction of the City Engineer, prior to approval of grading or improvement plans (whichever occurs first): 1. The following fees will be required based on the final building plans submitted: a. Sewer Connection and Capacities fees b. Development Impact Fees c. Traffic Signal Fees RDA Resolution No. 2007-1971 Page 8 of 13 2. The Applicant shall obtain a construction permit from the Engineering Department to perform any work in the City's right- of-way including: a) Sewer lateral and storm drain connections to existing public utilities. b) A sewer manhole per SDRSD S-2 is required at all proposed sewer main locations. c) Removal and replacement of broken curb, gutter, and sidewalk along the proposed Project's frontage. d) Removal and replacement of existing driveways is required per City Standard CVCS-1A. 3. Grading plans, in conformance with the City's Subdivision Manual, and a grading permit will be required prior to issuance of any building permits. 4. A drainage study and geotechnical/soils study are required with the first submittal of grading plans. Design should incorporate detention of storm water runoff, so that the post-development flow rate does not exceed the pre-development flow rate at the outlet of the subdivision. Project engineer shall demonstrate to the satisfaction of the City Engineer that all storm flows leaving the subdivision at the northerly limits shall not adversely affect adjacent properties. Offsite private drainage easements maybe required upon submittal of the tentative parcel map. 5. A Tentative Parcel Map (TPM) and a Final Parcel Map will be required for the proposed multi-family units. The TPM shall show storm drain connections or sufficient information to indicate how the storm water runoff will be handled. A Water Quality Technical Report shall be submitted with the TPM. 6. Ada Street is classified as a residential street with a half-width right-of-way of 28 feet. An additional 8 feet is required for public street dedication. The dedication shall be recorded prior to the approval ofthe Tentative Parcel Map. 7. The Applicant is required to complete the applicable Storm Water Compliance Forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 8. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal Permit, Order No. 2001-01. According to said Permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. RDA Resolution No. 2007-1971 Page 9 of 13 9. 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 urban 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 of Intent (NO!) with the State Water Resource Control Board to obtain coverage under the NPDES 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. 10. The Applicant is required to identifY storm water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants from entering the storm drainage systems. II. The Applicant is required to identifY storm water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants from entering the storm drainage systems. 12. The Applicant is to be advised that there may be requirements set at the time hislher development takes place and/or a building permit is applied for, depending upon final plans submitted for building permits. 13. 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/improvement plans, in accordance with the City's Manual. 14. An Encroachment permit is required for all stairs located within the City right-of-way. This is required after the additional ROW is acquired. RDA Resolution No. 2007-1971 Page 10 of 13 15. A public pedestrian walkway and public easement or Irrevocable Offer of Dedication, to the satisfaction of the City Engineer and Director of Planning and Building, is required on the west side of Site B (easterly parcel). Obtain approval of a revised TPM showing the location, width and type of material required for the walkway. The Homeowners Association shall maintain the sidewalk within the public easement. Chula Vista Elementary School District G. The following shall be accomplished to the satisfaction of the Chula Vista Elementary School District: 16. Developer agrees to annex to or partIcIpate in an eXlstmg Community Facilities District for the Chula Vista Elementary School District, or pay developer fees as required by State Law, to the satisfaction of the Chula Vista Elementary School District. General Services Department, Landscape Architecture Division H. The following shall be accomplished to the satisfaction of the Chula Vista Elementary School District: 17. Remit to the City, Parkland Development Obligation and In-Lieu of Dedication fees for 40 Multi-family Residential lots, pursuant to Chapter 17.10 of the Municipal Code, to that satisfaction of the Landscape Architecture Division of the Department of General Services. Sweetwater Authority 1. The following shall be accomplished to the satisfaction of the Sweetwater Authority: 18. Water service from the Sweetwater Authority can be obtained upon submittal of fire flow information, Site plan, street improvement plan, irrigation plan, plumbing plan showing total fixture-unit count, fire sprinkler plans and calculations, approved by the Chula Vista Fire Department. Based on these plans the agency will determine if there is need for a new water systems or substantial alteration of the existing water system. If the owner provides the requested information and enters into an agreement for water facility improvements with the Authority, water service can be obtained. New water service typically requires installation of backflow prevention assemblies for any new fire protection systems. RDA Resolution No. 2007-1971 Page II of 13 V. The following conditions of approval shall be satisfied prior to establishment of the use or occupancy ofthe Site: 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 shown 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. This Design Review Permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. The Applicant/owner shall and does agree to indemnifY, protect, defend and hold harmless the Redevelopment Agency and the City, their members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the Redevelopment Agency or the City arising, directly or indirectly, from (a) The Redevelopment Agency's approval and issuance of this Design Review Permit, (b) The Redevelopment Agency's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and Applicant/owner shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. Applicant's/owner's compliance with this provision is an express condition of this Design Review Permit it and this provision shall be binding on any and all of Applicant's/owner's successors and assigns. 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 and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely 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 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. The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and RDA Resolution No. 2007-1971 Page 12 of 13 Applicant have each read, understood, and agreed to the conditions contained in the Conditional Use Permit. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department secretary. Failure to return this document to the Planning and Building Department secretary shall indicate the Property owners/Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. AJahuW\ l1€i(du C( /14 V ~f p(!A:J) 1 Date / ' t{~ ~ C>"+ Date 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 Redevelopment 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. Failure to satisfy the conditions of this Conditional Use Permit may also result in the imposition of civil or criminal penalties. 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, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the Conditional Use Permit shall be deemed to be automatically revoked and of no further force and effect. Presented by Approved as to form by '6\-:\l(~ \l"\ rtt~,~~, Ann Moore Agency Counsel RDA Resolution No. 2007-1971 Page 13 of 13 PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City ofChula Vista, this 24th day of April, 2007, by the following vote: AYES: Agency Members: Castaneda, McCann, Ramirez, Rindone and Cox NAYS: Agency Members: None ABSENT: Agency Members: None Ch'~l!~ ATrE~Ok Ann Hix, Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF CHULA VISTA) I, Ann Hix, Secretary of the Redevelopment Agency of the City of Chula Vista, California, do hereby certify that the foregoing Redevelopment Agency Resolution No. 2007-1971 was duly passed, approved, and adopted by the Redevelopment Agency at an adjourned regular meeting of the Redevelopment Agency held on the 24th day of April 2007. Executed this 24th day of April 2007. 1 . . . . . . ill . . . . . m · Mobile . . home : Park . . . . . SF . J;lSF . 0 SF SF . 3- ~ Q SF ~ :;:l 0. . . . . . . . . . . =mJ . . . . . TID . . . . "I . . - Pa~ 14 . . . . . . . . . . . . . PROJECT lOCATION EXtf( Bcr Vacant o SF 2- Vo< MF SFD St SF MF SF Dorofh St C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~~ Alejandro Sanchez PROJECT llESCRJP11ON: C) PRECISE PLAN I REZONE ~: 778,780, 790 & 808-812 Ada St Proposed Precise Plan and zone change from R2P 10 R3P for a new multy-family project. SCAL.E: FILE NUMBER: NORTH No Scale PCM-07-15 Relalod ClISlIS: DRC428, ~7-15