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
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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.
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Eric C. Crockett, Secretary
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City of Chula Vista
PROJECT
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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