HomeMy WebLinkAboutCVRC Reso 2007-021
CVRC RESOLUTION NO. 2007-021
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION (A) APPROVING DESIGN REVIEW PERMIT
DRC-07-27 TO ALLOW THE CONSTRUCTION OF 42-UNIT
AFFORDABLE HOUSING PROJECT ON THE SITE LOCATED
AT 1501 BROADWAY; AND (B) RECOMMENDING
CONDITIONAL APPROVAL OF FINANCIAL ASSISTANCE IN
AN AMOUNT NOT TO EXCEED $5,480,000, SUBJECT TO
FUTURE APPROPRIATION FROM THE UNAPPROPRIATED
BALANCE IN THE LOW AND MODERATE INCOME HOUSING
FUND TO WAKELAND HOUSING AND DEVELOPMENT
CORPORATION FOR THE DEVELOPMENT AND OPERATION
OF AN AFFORDABLE RENTAL HOUSING DEVELOPMENT TO
BE LOCATED AT 1501 BROADWAY IN THE CITY OF CHULA
VISTA
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 1501 Broadway, Chula Vista; and
WHEREAS, on December 14,2006 a duly verified application for a Rezone (PCZ-07-06)
and Design Review Permit (DRC-07-27) was filed with the City of Chula Vista on behalf of
Wakeland Housing and Development Corporation (Applicant) to allow the construction of a 42-
unit affordable housing project at the 1.46-acre site located at 1501 Broadway (Project); and
WHEREAS, the Environmental Review Coordinator reviewed the proposed project for
compliance with the California Environmental Quality Act and prepared an Initial Study, IS-07-
017, in accordance with the California Environmental Quality Act (CEQA). Based upon results
of the Initial Study, the Environmental Review Coordinator determined that the project could
result in 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-07-017; and
WHEREAS, on May 23, 2007, a Planning Commission hearing time and place was set
for said Rezone 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 and
residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to
the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely May 23, 2007, at 6:00
p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission
and said hearing was thereafter closed; and
CVRC Resolution No. 2007-021
Page 2
WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, IS-07-017; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended by a vote of 7-0 that the City of Chula Vista City Council Approve
Rezone (PCZ-07-06) of 1.46 acre site from CTP to R-3 zone; and
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation for consideration of the 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 and residents within 500 feet of the exterior boundaries of the property, at least
ten (10) days prior to the hearing; and
WHEREAS, the Chula Vista Redevelopment Corporation (CVRC) held a duly noticed
public hearing to consider said application at the time and place as advertised, namely June 14,
2007 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista
Redevelopment Corporation and said hearing was thereafter closed; and
WHEREAS, California Health and Safety Code Sections 33334.2 and 33334.6 authorize
and direct the Redevelopment Agency of the City of Chula Vista (Agency) to expend a certain
percentage of all taxes which are allocated to the Agency pursuant to Section 33670 for the
purposes of increasing, improving and preserving the community's supply of low and moderate
income housing available at affordable housing cost to persons and families of low-and
moderate-income, lower income, and very low income; and
WHEREAS, pursuant to applicable law the Agency has established a Low and Moderate
Income Housing Fund (Housing Fund); and
WHEREAS, pursuant to Health and Safety Code Section 33334.2(e), in carrying out its
affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit
of very low income and lower income households, or persons and families of low or moderate
income, to the extent those households cannot obtain housing at affordable costs on the open
market, and to provide financial assistance for the construction and rehabilitation of housing
which will be made available at an affordable housing cost to such persons; and
WHEREAS, pursuant to Section 33413(b), the Agency is required to ensure that at
least 15 percent of all new and substantially rehabilitated dwelling units developed within a
project area under the jurisdiction of the Agency by private or public entities or persons other
than the Agency shall be available at affordable housing cost to persons and families of low or
moderate income; and
WHEREAS, Wakeland Housing and Development Corporation (Developer) proposes
to construct an affordable rental housing development targeting predominately extremely low
and very low households at 50 percent or less of the Area Median Income (AMI) to be located at
1501 Broadway within the Merged Chula Vista Project Area (Project); and
CVRC Resolution 2007-021
Page 3
WHEREAS, in order to carry out and implement the Redevelopment Plan for the
Agency's redevelopment projects and the affordable housing requirements and goals thereof, the
Agency and City propose to enter into an Agency Predevelopment Loan Agreement
(Predevelopment Loan Agreement) with the Developer, pursuant to which the Agency would
make a predevelopment loan to the Developer (Predevelopment Loan), and the Developer would
agree to develop the Project for occupancy of all apartment units in the Project to very low and
lower income households and rent those units at an affordable housing cost; and
WHEREAS, the Agency Predevelopment Loan Agreement will leverage the
investment of the Agency and City by requiring the Developer to obtain additional financing for
the construction and operation of the Project through such resources as "9% Tax Credits" to be
generated by the Project; and
WHEREAS, the Project is located within the Agency's Merged Chula Vista
Redevelopment Project Area and development and operation of the Project pursuant to the
Agency Agreement would benefit the Agency's redevelopment project areas by providing
affordable housing for persons who currently live and work within those redevelopment project
areas; and
WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health and
Safety Code Section 33490, which sets forth the objective of providing housing to satisfY the
needs and desires of various age, income and ethnic groups of the community, and which
specifically provides for the new construction of rental housing units through Agency assistance;
and
WHEREAS, the Agency Agreement furthers the goals of the Agency to facilitate the
creation of affordable housing which will serve the residents of the neighborhood and the City as
set forth in the Implementation Plan; and
WHEREAS, the Agency have duly considered all terms and conditions of the proposed
Predevelopment Loan Agreement and believes that this Agreement is in the best interests of the
Agency and the health, safety, and welfare of its residents, and in accord with the public
purposes and provisions of applicable State and local law requirements.
NOW, THEREFORE, BE IT RESOLVED that the ChuIa Vista Redevelopment
Corporation does hereby find, determine, and resolve as follows:
The Chula Vista Redevelopment Corporation does hereby find that the Project is in
conformance with the City of Chula Vista Design Manual, Landscape Manual and the
requirements of the Zoning Ordinance and hereby approves the Design Review Permit (DRC-07-
27), subject to conditions of Exhibit B.
BE IT FURTHER RESOLVED THAT the Chula Vista Redevelopment Corporation does
hereby recommend conditional approval of financial assistance subject to future appropriation in
an amount not-to-exceed $5,480,000 from the Agency's Low and Moderate Income Housing
Fund to Developer for the construction of the Project subject to the Agency's approval of an
affordable housing regulatory and loan agreement.
CVRC Resolution No. 2007-021
Page 4
Submitted by
Approved as to form by
Ann Hix
Acting Community Development Director
?
~~~~'f~~
,
Ann Moore
General Counsel
PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation
of the City ofChula Vista, California, this 14th day of June 2007, by the following vote:
AYES:
Directors:
Desrochers, Lewis, McCann, Paul, Rindone, Rooney, and
Cox
NAYS:
Directors:
Ramirez
ABSENT:
Directors:
Castaneda
Cheryfd~son
ATTESTri Q;,
Ann Hix, Secretary
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Ann Hix, Secretary of the Chula Vista Redevelopment Corporation of the City ofChula Vista,
California, do hereby certify that the foregoing CVRC Resolution No. 2007-021 was duly
passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular
meeting of the Chula Vista Redevelopment Corporation held on the 14th day of June 2007.
Executed this 14th day of June 2007.
Ann Hix, Secretary
i
--._----- -~"-------~
EXHIBIT A
age .~ C\-j 'en ~'
il \ \cJ \., U I I IOrangeAV
-
- ~ \~J
~ ~~
~
J II mtI II \0 t= ~ ::,..~
'-'-iV/"-'. ~
I-- fl !i f- _
I-- f- _.....:
I-- 1 T ;:::: \ f- ......:
T1 T 1 ~ '- - _ r--:r.....::
~ 1 -_i--
f- ~ - i--i-- -
~ '- -
'- i--i--
~ ' t -
f- \ .4 l..- I--
'- -
- \-~ - \I \IV
i.-
f- - '\. \ \1\ .
- '-
- '" ~ ~ EHEE
- lOCATION ~
flll-R I- - r
. . J I I I I I Tl r
Anita 51
= I I II
-
-
- -
- -
=
~ ~ f- I- -
1= !:: I- -
<: f-
ll> i= ::: I- -
'" I-
en t= - l- f--
~ 1= l-
I::: -
I- - II I' I I I I
I I III l-
~ l-
I-
I-
-
CVRC Resolution No. 2007-02]
P 5
r C HULA VISTA PLANNING AND BUILDING DEPARTMENT
.OCATOR PROJECT Wakeland Housing & PROJECT DESCRIPTION:
CD APPUCAN1! Development Corp. DESIGN REVIEW
PROJECT 1501 Broadway Project SUIIlIIialy. Proposed: 42-unils of affordable, multifamily
ADDRESS:
rental housing with a community center for residenls.
SCALE: I ALE NUMBER:
~~IA nr.R_n7_?7 ~.d::rtM_~1~7.J117 Dr:7.rrT..M2. ~,.r...n7...n".l7
I "no~
I\In
CVRC Resolution No. 2007-021
Page 6
EXHIBIT B
Design Review Conditions of Approval
Los Vecinos Affordable Housing Project
1501 Broadway
The Chula Vista Redevelopment Corporation does hereby approve Design Review Permit
DRC-07-27 subject to the following conditions:
COMMUNITY DEVELOPMENT DEPARTMENT
I. . The subject property shall be developed aild maintained in substantial conformance with the
approved application, plans, and color and material board, except as modified herein.
2. Applicant shall submit all exterior lighting plans, landscape and irrigation plans, solid waste
and recycling plans for review and approval prior to the issuance of building permits.
3. All utility meters and closets shall be painted to match the colors of the building elevati9ns.
4. Identification signs sbail be limited to those signs permitted by Section 19.60.400 and
Section 19.60.410 of the Chula Vista Municipal Code (CVMC) and shall comply with the
regulations stated therein.
S. A graffiti resistant treatment shall be specified for all wall ana building surfaces and shall be
noted on all building and wall plans prior to issuance of building permits.
6. The applicant/owner shall comply Wlm all applicable federal, state, and local requirements,
and in any case where it does not comply, this permit is subject to modification or
revocation.
7. This permit shall become void and ineffective if not used or extended within one year from
the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code.
8. 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 cannot, in the normal operation of the use permitted, be expected to
economically recover.
9. 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 (collectively, liabilities) incurred by the City arising directly or indirectly
from' a) City's approval and issuance oftliis 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
I
I
.__.~._~ .~_._..J
CVRC Resolution No. 2007-021
Page 7
is an express condition ofthis permit and this provision shall be binding on any and all of the
applicant's successors and assigns.
Applicant
Property Owner.
PLANNING AND BUILDING DEPARTMENT CONDITIONS
10. All ground mounted utility appurtenanCes, such as transformers, AC condensers, etc., shall
be located out of public view and adequately screened using a combination of concrete or
masonry walls, grade contouring (berming), and landscaping to the satisfaction of the City.
11. Prior to the issuance of building permits, plans shaH clearly show and provide detailed
information on the finish grade behind the retaining wall at the easterly property line.
12. Plans shall clearly show and provide landscape drainage within required planter areas prior to
the issuance .of building permits. The Private Catch Basin design (C-2, Detail B) shal1 be
replaced with a landscape drainage design prepared by the landscape architect.
13. Prior to the issuance of building permits, plans shall provide a minimum 5\1, feet clear for
tree planting at the easterly property line. Applicant sha1l revise the retaining wall design for
this purpose.
14. Plans submitted for building permits sha1l contain a statement on the cover sheet indicating
that this project will comply with Title 24 (2005 Energy Conservation and 2001 Disable.
Access Regulations).
15. The project shall comply with applicable codes and requirements, including but not limited to
2001 CBC, CFC, CMC, CPC, ADA, and 2004 CEC requirements.
16. Plans submitted for building permits shall specify Type of Construction, which shall be type
V 1 hour fully sprinkIed. Plans shall also identify rated corridors.
17. Applicant shall justify Type of Construction for square footages and type of occupancies per
Chapter 5 of the California Building Code (Table SA and 5B). Indicate on the plans the
square footage of each type of occupancy R-l, A-3 B and D-I (Carports). Detail property
line or assumed property line between Community Room and Apartments. For A-3
occupancy Type V-One hour construction when less than five feet from property line two
hour exterior bearing and non-bearing wall construction required, one hour elsewhere.
18. Plans shall show location of area separation walls.
19. Exit signs shall be internally or externally illuminated. When the face of an exist sign is
il1uminated from an external source, it sha1l have an intensity of not less than 5-foot candles
CVRC Resolution No. 2007-02 I
Page 8
(54 (]x)) from either of two electric lamps. Intemally ilhlTTlin~t..d signs shall provide
equivalent luminance and be listed for the purpose.
20. ABS and PVS installation shall be limited to residential cons1ruction not more than two
stories in height. CBC 70 1.1.2A "Cast iron pipes are required".
21. Factory-made (Flexible Ducts) air ducts my not be used for vertical risers in air ducts
systems serving more than two stories. Flexible ducts are not allowed to used for vertical
risers in 3 or more story dwelling (R-3 Group) (CMC 2001 Section60420).
22. Plans shall provide a detail to show that the area separation wall will comply with Section
504.6.
23. Plans shall include the following note: "Plumbing penetration of area separation must be cast
iron on wrought iron."
24. Ducts through two-hour area separation walls shall require dampers.
25. Smoke and fire dampers must be installed intbe following locations per Section 713.11:.
a) Duct penetrations of area or occupancy separation walls with ratings of two hours or
less.
b) Ducts passing through horizontal exit walls.
c) Ducts penetrating shafts (see exception).
d) Ducts penetrating fire-resistant elements of fire-rated corridors walls. See exception
for steel ducts with no opening into corridor.
26. The applicant shall implement to the satisfaction of the Planning and Building Department
and the City Engineering Division the rrtitigation measures identified in the Los Vecinos
Mitigated Negative Declaration (1S-07-017) and Mitigation Monitoring and Reporting
Program.
ENGINEERING AND PUBLIC WORKS.DEP ARTMENT CONDmONS
27. Plans shall incorporate, prior to the issuance of building permits, features to help meet
NPDES Standards. These features shall maximize infiltration and min;m;7e impervious land
coverage while conveying storm water runoff.
28. All proposed sidewalks and walkways, including those within or outside the public ROW,
pedestrian ramps, and disabled parking shall be designed to meet ADA standards.
29. The following fees shall be required based on the final building plans subrrtitted:
a) Sewer Connection and Capacity Fees
b) Traffic Signal Fees
c) Public Facilities DIP
CVRC Resolution No. 2007-021
Page 9
30. Additional deposits and fees in accordance with the City Subdivision Manual shall be
required for the submittal of Grading Plans and Improvement Plans/Construction Permits.
31. Any private facilities within the ROW or City's easements shall require an encroachment
permit.
32. Grading plans in conformance with the City's Subdivision Manual and a grading permit will
be required prior to issuance of any building permits. The grading plans shall be submitted
to the Engineering Department upon the approval of the Design Review Permit, as follows:
a) The grading plans shall be prepared by a registered civil engineer and approved by
the City Engineer.
b) A drainage study and geotechnica1Jsoils study are required with the first submittal of
grading plans. The drainage study shall calculate the pre-developed and post-
developed flows and show how downstream properties and storm drain facilities are
impacted. Design should incorporate detention of storm water runoff if required.
c) All retaining wall shall be noted in the grading plans and include a detailed wall
profile. Structural wall calculations are required if walls are not built per City
Standarcts and if fences are to be placed on top of retaining walls.
d) The grading plans shall conform t the City Storm Water Management requirements.
e) All onsite drainage facilities shall be private.
f) Any off site work will require letters of permission from the property owner.
33. The project requires construction permit from the Engineering Department to perform the
following work in City's right-of-way:
a. Private storm drain connection to Public storm drain.
b. Installation of a driveway meeting design standards as shown in Chula Vista standard
detail CVCS-IA. Dedicate R/W as needed in order for driveways to comply with
ADA.
c. Replace existing driveway with monolithic curb, gutter, and sidewalk with proper
transitions to existing conditions.
d. Installation of pedestrian ramps meeting ADA standards, ifneeded.
e. Proposed 8" sewer lateral must connect to the main public sewer by a manhole.
f. Extension of sewer main and the proposed sewer lateral.
g. All utilities serving the proposed project shall be underground.
34. Any onsite sewer and storm drain system shall be private unless otherwise determined by
the Director of Public Works. All private sewer laterals and storm drains shall be privately
maintained from each building to the City maintained public facilities.
35. For the proposed private sewer facilities, Manholes shall be used where 6" mains are
connected to public sewer.
CVRC Resolution No. 2007-021
Page 10
36. Provide a sewer study showing there's adequate capacity in the existing public sewer
system and that sewer flows will have velocity of 2 fps or greater.
37. The approved street improvement, grading plan, final map and site improvement plan shall
all be submitted in digital form in California State Plane Coordinate System (NAD 83, Zone 6).
38. 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. These forms shall be submitted with the grading plans. 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 Based on the Completion of the
S~rm Water Compliance Forms, the project may be required to submit a SWPPP and Water
Quality Technical Report (wQTR) with the submittal of the grading plans. The following items
shall be incorporated in the grading plans and related reports:
a Grading Plans: 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 grading plans. .Any construction and
nonstructural BMPs requirements that cannot be shown graphically must be either
noted or stapled on the plans.
b. SWPPP and WQTR: Development of the project shall comply with all applicable
regulations, established by the United States EnviroIii'iiOntal Protection Agency
(USEP A) as set forth in National Pollutant Discharge Elim;narion 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 (NOl) 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
post-construction pollution prevention and pollution control measures, and shall
identify funding mechanisms for the maintenance of post-construction control
measures.
c. WQTR: The applicant is required to identify storm water pollutants that are P.9tentially
generated at the facility, and propose Best Management Practices (BMPs) that will be
implemented to prevent such poHutants from entering the storm drainage systems.
The WQTR will be required to demonstrate compliance with requirements of the
National Pollutant Discharge Elimination System (NPDES) Construction and
Municipal PeImits, 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.
__ _ __~_~~..._.____----.J
CVRC Resolution No. 2007-021
Page 11
39. The applicant is to be advised that there may be requirements set at the time his/her
development takes place and/or a building permit is applied for, depending upon final plans
submitted for building permits. This response is based solely on the plans that were submitted
for our review.
FIRE DEPARTMENT CONDITIONS
40. Applicant shall comply with all conditions of the Fire Department prior to the issuance
of building permits.
GENERAL SERVICES DEPARTMENT CONDITIONS
41. The applicant shall develop and submit a Recycling and Solid Waste Management Plan
to the Environmental Services Program Manager for review and approval prior to the
issuance of building permits. The Plan shall demonstrate those steps the Applicant will take
to comply with Municipal Code, including but not limited to Sections 8.24, 8.25 and
19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated
by all residential, commercial and industrial developments (including demolition and
construction phases).
42. The applicant shall contract with the City's franchise hauler throughout the construction
and occupancy phases of the project
43. Applicant shall pay, prior to t1le1ssuance of building permits, the following Park
Acquisition and Development fees per Chapter 17.10 of the Chula Vista Municipal Code:
Park and Acquisition In-Lieu Fees: $3,707 per dwelling Unit
Parkland Development In-Lieu Fees: $3,063 per dwelling unit
OTHER CONDITIONS
Sweetwater Authority
44. Applicant shall comply with conditions and requirements of the Sweetwater Authority.
Chula Vista School Districts
45. Applicant shall comply with the conditions and requirements of the Chula Vista
Elementary School District and the Sweetwater Union High School District