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HomeMy WebLinkAboutCVRC Reso 2009-002CVRC RESOLUTION NO. 2009-0C_ RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING DESIGN REVIEW PERMIT (DRC- 09-12j TO ALLOW THE CONSTRUCTION OF 88.000-SQUARE FOOT. FIVE STORY, COMMERCIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS LOCATED AT 240 LANDIS AVENUE 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 240 Landis Avenue. Chula Vista: and WHEREAS, on October 22, 2008 a duly verified application fora Design Review Permit (DRG09-12) was filed with the City of Chula Vista on behalf of Infmit} Homes.. LLC ("Applicant') to enable the development of a 88,000-square foot building and associated site improvements for the establishment of a mixed use building at 240 Landis Avenue ("Project ~): and WHEREAS, the Environmental Reaiew Coordinator has reviewed the Desi~m Review° application for compliance with the California Environmental Quality Act. Pursuant to EIR No. 06-01, a secondary study- was prepared for the project. Based on the secondar~° stud}. the Project is covered under the previous EIR No. 06-01; and WHEREAS. a hearing time and place was set b~ 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 X00 feet of the ea-terior 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. nameh Mav 14. 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue. said hearing was thereafter closed_ and WHEREAS, the Project is in conformance with the requirements of the urban Core Specific Plan, Landscape Manual_ and the Zoning Ordinance as applicable. 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: A. ENVIRONAdENTAL, DETERMINATION The Environmental Review Coordinator has reviewed the Design Re~riew application for compliance with the California Environmental Quality- Act. Pursuant to EIR No 06-01. a CVRC Resolution No. 2009-002 Page ? Secondary Study was prepared for the project. Based on the Secondary Stud}. the Project is covered under the previous ETR No. 06-01. The Chula Vista Redevelopment Corporation, in the exercise of its independent judgment. as set forth in the record of its proceedings. finds that the Secondan~ Study and Mitigation Monitoring and Reporting Program (IS-09-008). which is on file in the Development Services Department, has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista: and that the Projects environmental impacts will be mitigated and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation. the pennittee/Project applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program. B. CONFORMANCE WITH URBAN CORE SPECIFIC PLAN The Chula Vista Redevelopment Corporation does hereby find that the Project is in conformance with the Urban Core Specific Plan and hereb} approves the Design Review Permit (DRG09-72). subject to the conditions listed in Exhibit B_ attached herein and incorporated by this reference. Approved as to form by Sandoval 'f Executive Officer ~~LBart Mi General PASSED, APPROVED. and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 14th day of Ma}~ 3009. by the following vote: AYES: Directors: Desrochers. Munoz, Paul, Roone}.Reyes, and Lewis NAYS: Directors: None ABSENT: Directors: Salas ABSTAIN: Directors: None Presented by: CVRC Resolution No. 2009-002 Yage 3 ATTEST: ~"~LA VIST c,~'~°°°°°°°°°~q l Eric C. Croc sett. Secretary STATE OF CALIFORNIA COLiNTY OF SAN DIEGO CITY OF CHULA VISTA ~ $ CVRC m 0611 5120 0 5 O ~t0 ~'°°o°o°~~ ~~'°MENT G~ I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the Cin° of Chula Vista. California. do hereby certify that the foregoing CVRC Resolution No. 2009-002 was duly passed, approved; and adopted b}~ the Chula Vista Redevelopment Corporation at a regular meeting of the Chula Vista Redevelopment Corporation held on the 14th day of Mav 2009. Executed this 14th day of May 2009. /~ 1/rie C. Crockett, Secretary EXHIBIT A DRC 09-12 Project: Infinity Homes, LLC, Landis Medical Building 240 Landis Avenue EXHIBIT B Landis Medical Building (DRC-09-12) Conditions of Approval The Chula Vista Redevelopment Corporation does hereby approve Design Review Permit DRC- 09-12 subject to the following conditions of approval. Unless otherwise specified, these conditions of approval shall be satisfied to the satisfaction of the Development Services Director prior to issuance of building permits: Conditions of Approval: Plannine: 1. Pay all applicable fees, including any unpaid balances of application(s) processing fees and/or Ful] Cost Recovery Cost, linked to deposit account DQ- 1548. 2. 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. 3. Prepaze, submit and obtain approval by the Development Services Director, a detailed landscape plan showing a "pazkway" planting along Landis Avenue. The parkway planting shall include mature sized Queen palms spaced in a pattern similar to the existing Landis Avenue parkway planting to the south. Installation size of the Palm trees shall be a minimum of 12 feet brown trunk height (BTH) per City standards and pedestrian safety requirements. Ground level planting of turf in the parkway shall match what is most commonly used along Landis Avenue. All sidewalk improvements plans processed as a result of sidewalk improvements shall be reviewed and approved by the City and show a pazkway design along Landis Avenue. The ultimate design shall satisfy city code and city landscape manual requirements. 4. Prior to the issuance of building permits, the Applicant shall prepaze, submit and obtain approval by the City's Environmental Services Program Manager of a Recycling and Solid Waste Management Plan. Any deviations in design must be considered and approved by the Zoning Administrator. 5. Prior to issuance of building permits, all ground mounted utility appurtenances, such as electrical transformers, shall be sufficiently screened to the satisfaction of the Development Services Director. The screening shall be accomplished by incorporating the ornamental metal bar lattice used on the building as a "free standing" screen. The metal bar lattice shall be used in combination with appropriate plantings and vines. 6. Prior to issuance of building permits, provide a lighting plan showing the exterior lighting for newly constructed outdoor areas, including pazking lots, building entries, pedestrian paths and ramps and stairways. Exhibit B DRC 09-12 7. The Applicant shall comply with and implement the Mitigation Monitoring and Reporting Program as provided in Secondary Study 09-008. 8. During any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 36l .145 -Standard for Demolition and Renovation. Buildine 9. Prior to submittal of building plans, applicant shall contact the Building Division to provide review of egress requirements, fire sepazation requirements, allowable area and height requirements. En in~g 10. Prior to issuance of building or grading permits, whichever occurs first, provide a Water Quality Technical Report (WQTR) that complies with the City of Chula Vista Development Storm Water Manual for review and approval. 11. Prior to issuance of building or construction permits, whichever occurs first, the Applicant shall provide a sight visibility study for all driveways. All driveways shall conform to the City of Chula Vista's sight distance requirements. Landscaping, street furniture, and signs shall not obstruct the driver's visibility at the entrance to the site. 12. Prior to building or grading permits, whichever occurs first, the Applicant shall provide a Sewer Study analyzing the impacts of the proposed five-story building on the existing sewer system. 13. The Applicant shall be required to obtain a construction permit to perform the following work in the City's right of way: a. Removal and replacement of any broken curb, gutter or sidewalk as determined by the City Engineer prior to issuance of building permits. b. Removal and replacement of any sidewalks, pedestrian ramps, and driveway that do not meet the City of Chula Vista's Design Standazds and ADA requirements. c. Installation of street improvements per the approved improvement plans. 14. Applicant shall pay the following fees based on the final building plans submitted: a. Sewer Capacities fees b. Traffic Signal fees c. Public Facilities Fees d. Western Transportation Development Impact Fees Exhibit B DRC 09-12 1~. The Applicant is required to complete the applicable Storm Water forms per the City of Chula Vista's Development Storm Water Manual. The completed forms will assist in determining the types of storm water BMP's required for the project. The storm water forms can be found in Section 2 of the Development Storm Water Manual that is available on the web site at: Nnvw.chulvistaca.eov/clcan/sotrmwater/developandconst.asp. 16. The Applicant must enter into a Storm Water Management Facilities Maintenance Agreement with Grant of Access and Covenants with the City of Chula Vista before the approval of the grading or building plans. whichever occurs first. In this agreement, the Applicant shall consent to perpetually maintain the project's BMP's. Fire: 17. The Applicant shall provide a water supply analysis (technical report) to the Chula Vista Fire Department 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. 18. The Project shall be protected throughout by an automatic fire sprinkler system and fire alarm system approved by the Fire Department. 19. The Applicant shall comply with all requirements of the Chula Vista Fire Department. Other: 20. If any of the foregoing conditions fail to occur, or if they aze, 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 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 granted in the resolution, institute and prosecute litigation to compel their compliance with the conditions or seek damages for their violation. Permittee or a successor in interest gains no vested rights by the City's approval of this Design Review Permit. 21. 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. 22. The Property Owner and 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 arising, 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 Property Owner and Applicant shall acknowledge their agreement to this provision by executing a Exhibit B DRC 09-12 copy of this Conditional Use Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and ail of the Property Owner's and Applicant's successors and assigns. EXECUTION OF RESOLUTION OF APPROVAL Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the AppHcanURepresentative and property owner shall execute this document by making a true copy of this letter of conditional approval and signing both this original letter and Che true copy on the lines provided below, said execution indicating that the ApplicarttlRepresentative 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 Development Services Department. Failure to return the signed copy of this document within thirty days of the effective date hereof shall indicate the Applicant'slRepresentative's or Property Owner's desire that the project, and the corresponding application for building permits and/or a business license, be hc}d in abeyance without approval. ' MAY - /t - 2«:~y Owner Date ~''''~ F'1AY - !l - 2-v~ t Applicant Date END OF LIST OF CONDITIONS OF APPROVAL