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HomeMy WebLinkAboutCVRC Reso 2008-008CVRC RESOLUTION NO. 2008-008 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A DESIGN REVIEW PERMIT (DRC-08-019), TO ALLOW THE CONSTRUCTION OF A 31,796 SQ. FT. AUTO DEALERSHIP LOCATED AT THE INTERSECTION OF MAIN STREET AND AUTO PARK AVENUE AND AN AUTO STORAGE LOT LOCATED ON AUTO PARK PLACE IN THE CITY OF CHULA VISTA WHEREAS, the parcels, which are the subject matter of this resolution, are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the putpose of general description are located on two lots, including one vacant lot located at the northeast corner of Main Street and Auto Pazk Avenue, and another vacant lot located on the north side of Auto Pazk Place, Chula Vista (Project Site ); and WHEREAS, on December 17, 2007, a duly verified application for a Design Review Permit (DRC-08-019) was filed with the City of Chula Vista on behalf of Mossy Nissan (Applicant) to enable the construction of a 31,796 square foot new automobile dealership with service bays, a caz wash, associated vehicle pazking, landscaping and signage, and a separate outdoor automobile storage lot, (Project); and WHEREAS, the Project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and based on this review the Environmental Review Coordinator determined that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration IS-02-006 and Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessazy; and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation (CVRC) 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 held a duly noticed public hearing to consider said application at the time and place as advertised, namely December 11, 2008 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, the Project is in conformance with the requirements of the Auto Park North Specific Plan, Design Manual, Landscape Manual and staff has developed Design Review Conditions, provided as Exhibit B to ensure the Project is developed and maintained subject to certain criteria. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby find, determine, and resolve as follows: CVRC Resolution 2008-008 Page 2 A. ENVIRONMENTAL DETERMINATION The Chula Vista Redevelopment Corporation, in the exercise of its independent judgment, as set forth in the record of its proceedings, has reviewed the proposed project for compliance with the California Environmental Quality Act and finds that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-02-006. The Project applicant, and any other responsib]e parties, shall comply with the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary. B. CONFORMANCE WITH CITY DESIGN MANUAL The Chula Vista Redevelopment Corporation does hereby find that the Project is in conformance with the Auto Pazk North Specific Plan, Design Manual, and Landscape Manual and hereby approves the Design Review Permit (DRC-08-019), subject to conditions of Exhibit B, attached hereto and incorporated herein by this reference. Submitted by ~- ' ~.~ Eric Crockett Redevelopment & Housing Assistant Director PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 11th day of December 2008, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Directors: Desrochers, Reyes, Salas, and Lewis Directors: None Directors: Munoz, Paul, Rooney Directors: None Eric C. Crockett, Secretary i Chnstophe .Lewis hair ~,rrr ~~~A VIST * .,"'_ ~~ z Q 0611 512 0 0 5 ~ Q ELF °oooon° ~~ `Gprii;~n~,~~ ,^O~Q Approved as to form by CVRC Resolution 2008-008 Page 3 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHIJLA VISTA ) I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2008-008 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regulaz meeting of the Chula Vista Redevelopment Corporation held on the 11th day of December 2008. Executed this 11th day of December 2008. 1- i ~~ Eric C. Crockett, Secretary VR Resol tion 00 ~~ I ~ ~~f I~ ~J age ~ ~ ~ Po ~~ A, ~e~~o o, [J u L~// II 0~ Landfill County of San Diego : ... . ........ • ...... City of Chula Vista PROJECT LOCATION Q m U Y (0 a Main Street CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT DESCRIPTION: LOCATOR PROJECT APPLICANT. Mossy Nissan Inc. DESIGN REVIEW PROJECT Northeast Corner of Main St Project Summary: Nissan Car Dealership. ADDRESS: $,gUtO PafkAV. NORTH SCALE: No Scale FILE NUMBER: DRC-08-19 Related cases: None L:\Gabe Files\lorators\dre0879.cdr 12.30.08 CVRC Resolution 2008-008 Page 5 EXHIBIT B Design Review OS-019 Conditions of Approval Mossy Nissan The Chula Vista Redevelopment Corporation does hereby approve Design Review Permit DRC-08-019 subject to the following conditions of approval. Unless otherwise specified, these conditions of approval shall be implemented by the Applicant to the satisfaction of the Director of Planning and Building, prior to the issuance of building permits: PLANNING AND BUILDING DEPARTMENT CONDITIONS Pay in full any unpaid balance for the Project, including Deposit Account No. DQ1491. The subject property shall be developed and maintained in substantial conformance with the approved application, plans, elevations, and color and material boazd, except as modified herein. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the Applicant/Representative and property owner shall execute this document by making a true copy of this document of conditional approval and signing both this original document and the true copy on the lines provided below, said execution indicating that the ApplicantBepresentative and Property Owner have each read, understood and agreed to the conditions contained herein, and will implement the same. Upon execution, the true copy with original signatures shall be returned to the Project Planner in the Planning and Building Department. Failure to return the signed copy of this document within thirty days of the effective date hereof shall indicate the Applicant's/Representative's or Property Owner's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of P operty Owner or Representative Date Signature of Date /D 4. The Applicant shall implement to the s ~sfaction of the City Environmental Review Coordinator and the City Engineer th mitigation measures identified in the Mitigated Negative Declazation (IS-02-006) and associated Mitigation Monitoring and Reporting Program for the Project. 5. The proposed trash enclosures shall have a solid roof that is consistent with the colors and materials of the rest of the enclosure. The trash enclosure site shall be graded in such a way as to prevent run-on into the trash enclosure azea. CVRC Resolution 2008-008 Page 6 6. All utility meters and closets shall be painted to match the colors of the building elevations or shall be screened appropriately from public view. All ground mounted utility appurtenances, including but not limited to, transformers, AC condensers, utility risers shall be located out of public view and adequately screened using a combination of concrete or masonry walls, grade contouring (benning), and landscaping to the satisfaction of the Zoning Administrator. 8. The Applicant and Owner shall comply with all City ordinances, standards, and policies. Any violation of City ordinances, standazds, and policies or of any condition of approval of this Design Review Permit, or of any provision of the Municipal Code, as determined by the Director of Planning and Building, shall be grounds for modification or revocation of this Design Review Permit. 9. This permit shall become void and ineffective if not used or extended within one yeaz from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. 10. Applicant shall provide a detailed landscape plan for review and approval by the Director of Planning and Building or designee concurrent with the building permit submittal, per Municipal Code and Landscape Manual requirements. All sheets shall be stamped and wet signed by the Landscape Architect of Record. The detailed landscape plans shall substantially conform to the approved concept landscape plan, except as modified as follows: a) Sepazate irrigation systems for the public right-of--way and private landscape areas shall be required. b) Add additional 5-1/2 ft. by 5-1/2 ft. diamond shaped tree planters to the vehicle display parking lot, on each side of the building, including the central vehicle display azea. c) Provide enhanced paving at driveway entrances from auto dealership lot to Auto Pazk Avenue. d) Provide written evidence that the Applicant has assumed maintenance of the landscaping in the public right-of--way of Main Street adjacent to the project site. e) Install the following new plantings in the Main Street public right-of--way: • Geraniums and Staz Jasmine within gaps in existing planters; • Install Raphiolepis adjacent to entry monument to match existing Raphiolepis in right-of--way. • Replace Palm Trees planted behind entry monument with increased- size Palm trees to match existing Palm trees per Drawing 05093-] 8. 11. Pedestrian walkways shall be constructed of decorative material, with finish and colors to be determined by Applicant and Director of Planning and Building prior to approval of detailed landscape plans. 12. Plans submitted to the Building Division for building permits shall comply with applicable codes and requirements, including but not limited to the 2007 Ca. Building Code (CBC) and Ca. Handicapped Accessibility requirements, 2007 California Mechanical Code, 2007 California Plumbing Code, 2007 California Electrical Code, and 2005 California Energy Code. CVRC Resolution 2008-008 Page 7 13. Applicant shall complete and submit the "Building Code Summary Worksheet" for commercial occupancies with submittal of the building permit application(s). 14. Applicant shall indicate the following on the building plans: a) The type of occupancy; b) The type of construction; c) Sprinklers; d) Building height; e) If project site is in a Special High Fire Zone. 15. All sheets must be stamped and wet signed by an Architect licensed by the State of California. Plans for elements of the structure designed by others must be reviewed and approved by the Engineer or Architect of Record (Ca. Business and Professional Code 5536.1, 6735). 16. Pazking spaces shall be 10 feet wide when located adjacent to vertical obstructions such as walls or utilities. 17. Ensure that all roof-mounted equipment such as HVAC or similar equipment is screened from public view by a roof parapet or other enclosure. 18. Carwash entrance/exit areas shall be designed with internalized drainage system to capture carwash runoff/soap before they reach the storm drain system. 19. Gutters and downspouts shall be internalized to conceal them from public view. 20. All freestanding or retaining walls aze required to be constructed of decorative materials where walls are visible to the public, such as the walls dividing the service azea from the vehicle display azeas. 21. Applicant shall obtain approval of sign permits from the Zoning Administrator for all signs shown on approved DRC-08-019 signage plans. Sign permits shall comply with Section 19.60.590 of the Chula Vista Municipal Code (CVMC). 22. Directional signage shall be designed to direct customers to the designated customer parking spaces and to the service drop-off area. 23. A lighting plan shall be submitted and approved to the satisfaction of the Planning & Building Department and Chula Vista Police Department (CVPD), which complies with the Mitigated Negative Declazation (IS-02-006) and associated Mitigation Monitoring and Reporting Program. CVRC Resolution 2008-008 Page 8 ENGINEERING AND PUBLIC WORKS DEPARTMENT CONDITIONS The following conditions of approval shall be implemented prior to the issuance of the building, grading or improvement plans, to the satisfaction of the City Engineer: SITE PLAN CONDITIONS, AGREEMENTS AND FEES: 24. The following fees shall be required based on the final building plans submitted: a. Sewer Connection and Capacities Fees b. Traffic Signal Fees c. Development Impact Fees (DIF's) d. Public Facilities Development Impact Fees (PFDIF) e. Otay Valley Road Fee Recovery District Fee 25. Applicant shall comply with all applicable conditions of approval for Tentative Parcel Map No. 03-03. 26. All driveways shall comply with the City of Chula Vista's sight distance requirements. Landscaping, street furniture, and signs shall not obstruct driver visibility at street intersections. 27. Submit verification regarding the private 30-foot wide access easement granted from Parcel 3 to the benefit of the access to Parcel 2 (Auto Inventory Lot). 28. All trash enclosure azeas shall be covered and the site graded in such a way as to prevent nm- on into, and run-off from, the trash enclosure azea. 29. Applicant must prepaze and submit an agreement to perpetually maintain private BMP's located within the project. 30. A maintenance agreement shall be signed with the City for the long-term maintenance of post-construction BMPs. 31. Additional deposits and fees in accordance with the City Subdivision Manual will be required for the submittal of the following items: a. Grading Plans b. Construction Permit c. Other fees as may be applicable 32. Any private facilities within the public right-of--way or City's easement will require an encroachment permit. CVRC Resolution 2008-008 Fage 9 GRADING AND DRAINAGE: 33. Grading Plans conforming to 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 approval of the Design Review Permit by the CVRC. a. The Grading Plan shall be prepazed by a Registered Civil Engineer and approved by the City Engineer. b. A drainage study and geo-technical/soils 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 aze impacted. Design should incorporate detention of storm water runoff if required. c. The Drainage Study shall also demonstrate that no property damage will occur during the 100-year storm event. d. The grading plans shall conform to the City Storm Water Management requirements. e. All onsite drainage facilities shall be private. f Any offsite work will require letters of permission from the property owner. g. All retaining walls shall be noted on the grading plans and include a detailed wall profile. Structural wall calculations aze required if walls are not built per City Standazds and if fences are to be placed on top of retaining walls. 34. Provide 2 copies of the following technical reports with the 1st submittal of grading plans: a) Drainage Study b) Water Quality Technical Report (WQTR) c) Geotechnical Report PUBLIC IMPROVEMENTS: 35. The Applicant shall obtain a construction permit from the Engineering Department, prior to issuance of any building permits, to perform all work in the City's right-of-way, including: a. Sewer laterals or storm drains connections to exisfing public ufili[ies. b. Removal and replacement or any broken curb, gutter or sidewalk as determined by [he City Engineer prior [o issuance at the Building Permit. c. Installation of two driveways along Auto Park Avenue, and one driveway along Au[o Park Place, meeting applicable Chula Vista Design Standard details. Dedicafion of R/N' as needed is required in order for driveway to comply with Americans with Disabilities Act ("ADA^). Agate meetng all Fire and Police Department requirements shall be installed at [he driveways. 36. All utilities shall be underground. CVRC Resolution 2008-008 Page 10 PRIVATE ONSITE IMPROVEMENTS: 37. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City- maintained public facilities. 38. All proposed sidewalks and walkways, including those within or outside the public ROW, pedestrian ramps, and disabled pazking shall be designed to meet ADA standards. STORM WATER MANAGEMENT: 39. As part of the first submittal of Grading Plans for the proposed Nissan Car Dealership, the applicant needs to provide a final copy of the Water Quality Technical Report for the proposed project. The development shall meet the Low Impact Development (LID), Source Control, and Treatment Control BMP Requirements. Refer to the State Water Resources Control Boazd Order No. R9-2007-0001 and the City of Chula Vista's requirements. FIRE DEPARTMENT CONDITIONS The following conditions of approval shall be implemented to the satisfaction of the Chula Vista Fire Marshall, prior to the issuance of the building permit: Fire Department Underground Fire Service Utilities: 40. Provide a water supply analysis (technical report) for review and approval. This report shall be a node-to-node analysis using the Hazen-Williams formula. The analysis shall show that the required fire flow is available at the hydrants and that simultaneously, the sprinkler demand is available at the most demanding sprinkler riser. 41. The Project will require a fire flow of 6,250 gallons per minute fora 4-hour duration at 20 P.S.I. 42. Provide Fire Hydrants to Chula Vista Fire Department (CVFD) standazds. Hydrants to be spaced every 300 feet of travel distance. 43. Provide afire-hydrant-only exhibit with other utility layers fumed off to show only underground fire utilities. 44. Provide a fire sprinkler riser room per CVFD standazds. 45. Provide automatic fire sprinkler system per CVFD standazds (NFPA 13 System). 46. Provide physical protection azound the hydrants by means of guazd posts or bollazds. 47. The minimum fire hydrant size shall be: 6" x 4" x 2 ''/Z" x 2 ''h". Fire Depaztrnent Policy 2916.00 Requirements for New Constmction: CVRC Resolution 2008-008 Page 11 48. The Chula Vista Fire Department will require the following items prior to delivery of combustible materials on any construction site. a) Water supply b) Access c) Street signs Fire Department Access: 49. Fire Lane/Signs shall be posted azound the entire property. 50. Automatic gates shall be provided with both an Opticom Detection System and a Knox Key Switch override. Provision shall be taken to operate the gate upon the loss of power. 51. Buildings shall be provided with two Knox appliances. a) Provide a Knox Vault at the main entrance to the building. b) Provide a Knox Box at the Fire Control Room. 52. The building(s) addresses shall be designed in accordance with the following criteria: a) For buildings located 151 ft or more from the building to the face of the curb =street address numbering shall be 16-inches in height with a 2-inch stroke Automatic Fire Sprinkler Systems: 53. Project shall be protected throughout by an approved automatic fire sprinkler system (NFPA 13, System). 54. This Project shall be required to have a fire control room. 55. All valves controlling the water supply and water-flow switches shall be monitored, and be transmitted to an approved central station. (NFPA 72). Fire Alarm Systems: 56. This Project shall be protected throughout by an approved fire alarm system (automatic, manual, fire flow monitoring). Fire Department Permits: 57. A permit is required for the operation of repair garages. Obtain a permit from the fire departrnent. GENERAL SERVICES DEPARTMENT CONDITIONS 58. Applicant shall develop, submit and obtain approval of a "Recycling and Solid Waste Management Plan" to the Environmental Services Program Manager for review and approval, prior to issuance of the building permit. A 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 Sections 8.24 and 8.25 of the Municipal Code, to 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. CVRC Resolution 2008-008 Page 12 POLICE DEPARTMENT CONDITIONS: 59. During the construction process, a security inspection shall be scheduled with Police Department Community Relations/Crime Prevention Personnel. OTHER CONDITIONS Otay Water District 60. The Applicant shall comply with District requirements for water service to the project as specified in the letters dated January 7, 2008 and October 8, 2008, including: (a) The project will be metered and an approved R/P back flow device must be installed; (b) Water availabiliTy is subject to all district requirements; (c) Water conservation measures throughout the project are strongly encouraged: (d) Project design shall comply with Fire Flow data specifications per the October 8, 2008 letter. Chula Vista Elementary School District 61. State law currently provides for a developer fee of $0.42 per squaze feet for non-residential construction, for school facilities, payable at the time of application for building permits. 62. The Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council 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 City azising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other Permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Applicant acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated above. The Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 63. The Applicant shall comply with all City ordinances, standazds, and policies. Any violation of City ordinances, standazds, and policies or of any condition of approval of this Design Review Permit, or of any provision of the Municipal Code, as determined by the Director of Planning and Building, shall be grounds for revocation or modification of this Design Review Permit by the City of Chula Vista. 64. GOVERNMENT CODE SECTION 66020 NOTICE 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 baz 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 similaz application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similaz to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. CVRC Resolution 2008-008 Page 13 65. 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 shall have the right to revoke or modify all approvals herein granted, institute and prosecute litigation to compel compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this Permit may also result in the imposition of civil or criminal penalties. END OF LIST OF CONDITIONS OF APPROVAL