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HomeMy WebLinkAboutCVRC Reso 2010-003CVRC RESOLUTION N0.2010-003 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING DESIGN REVIEW PERMIT (DRC-09-32) TO ALLOW THE CONSTRUCTION OF A 1,726 SQUARE FOOT EXPANSION TO AN EXISTING COMMERCIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS. WHEREAS, the pazcel, 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 151 Broadway, Chula Vista; and WHEREAS, on August 15, 2009 a duly verified application fora Design Review Permit (DRC-09-32) was filed with the City of Chula Vista on behalf of Fauzi Zora ("Applicant") to allow for the expansion of an existing commercial building at 151 Broadway ("Project"); and WHEREAS, the Environmental Review Coordinator has reviewed the Design Review application for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 3 categorical exemption pursuant to section 15303 (new construction or conversion of small structures) of the State CEQA Guidelines; and WHEREAS, a heazing 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 mailing to property owners and residents within 500 feet of the exterior boundazies of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public heazing to consider said application at the time and place as advertised, namely March 25, 2010 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation hereby finds and determines as follows: CONFORMANCE WITH URBAN CORE SPECIFIC PLAN DESIGN GUIDELINES The Chula Vista Redevelopment Corporation does hereby find that the Project is in conformance with the Urban Core Specific Plan and the City's Landscape Manual and hereby approves the Design Review Permit (DRC-09-32, subject to the conditions listed in Exhibit B, attached herein and incorporated by this reference. CVRC Resolution No. 2010- 003 Page 2 Presented by: Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director Approved as to form by: Bart Miesfeld General Counsel PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 25th day of March 2010, by the following vote: AYES: Directors: Desrochers, Flores, Munoz, Paul, Reyes, and Salas NAYS: Directors: None ABSENT: Directors: Chair Lewis ~ / I ABSTAIN: Directors: None ATTEST: Eric C. Crockett, Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) v ~-,i~ ?l1;~ ~ ~ g cv~tc Y z ~ C' m osn5izoo~$~~ o~~~~pMENTQ~~~eo 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. 2010-003 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a special meeting of the Chula Vista Redevelopment Corporation held on the 25th day of March 2010. Executed this 25th day of March 2010. Christopher /. l~..e~ ricl~Crockett, Secretary EXHIBIT A EXHIBIT B Broadway Liquor Expansion (DRC-09-32) Conditions of Approval The Chula Vista Redevelopment Corporation does hereby approve Design Review Permit DRC- 09-32 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: Planning: Pay all applicable fees, including any unpaid balances of application(s) processing fees and/or Full Cost Recovery Cost, linked to deposit account DQ- 1588. 2. The subject property shall be developed and maintained in substantial conformance with the approved application, plans, elevations, and color and material board, except as modified herein. 3. Prepare, submit and obtain approval by the Development Services Director, of a detailed landscape plan. Said plan shall be prepared by a licensed landscape architect and shall comply with City code and satisfy City Landscape Manual requirements. 4. Applicant shall prepaze, submit and obtain approval by the City's Environmental Services Program Manager a Recycling and Solid Waste Management Plan. Trash enclosure shall include a solid roof and be large enough to hold any ancillazy items such as display racks and other items stored outside. 5. All ground mounted utility appurtenances, such as electrical transformers, shall be sufficiently screened to the satisfaction of the Development Services Director. 6. 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 361.145 -Standard for Demolition and Renovation. Building 7. Prior to submittal of building plans, applicant shall contact the Building Division to provide review of egress requirements, fire separation requirements, allowable azea and height requirements and structural calculations. 8. Submit a supplemental noise study verifying all rooftop /HVAC equipment complies with the City's noise standards. Exhibit B DRC 09-32 Engineerin¢ 9. Prior to issuance of Certificate of Occupancy, the Applicant shall be required to obtain a construction permit and perform all work within the City's right-of--way, to the satisfaction of the City Engineer, including, but not limited to: a. Removal and replacement of any broken curb, gutter or sidewalk along the frontage of the project, as determined by the City Engineer. b. Removal and replacement of existing driveways to meet design standards as shown in Chula Vista Construction Standards CVCS-lA and CVSC-1B. c. Removal and replacement of existing pedestrian ramps to meet City and ADA standards. d. Undergrounding of distribution lines and other overhead utilities in the right-of--way adjacent to the site, as determined by the City Engineer. e. Replacement of any vitrified clay pipe laterals for PVC, as required by Public Works Operations. 10. Applicant shall pay the following fees based on the final building plans submitted: a. Sewer Capacities fees b. Traffic Signal fees c. Development Impact Fees per the Master Fee Schedule 11. 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 Best Management Practices (BMP's) required for the project. 12. A Water Quality Technical Report shall be provided prior to issuance of building or grading permits, whichever occurs first, that complies with the City of Chula Vista Development Storm Water Manual. Fire: 13. The driveway off Broadway shall maintain a minimum 20 foot access at all times. 14. One class 2-A-]0-B C fire extinguisher shall be provided for each 300 square feet, and the travel distance shall not exceed 75 feet. 15. The Applicant shall comply with all requirements of the Chula Vista Fire Department. Other: 16. 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 granted, deny, or further condition issuance of all future building permits, deny, Exhibit B DRC 09-32 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. 17. 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. 18. 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 discretionazy 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 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 all of the Property Owner's and Applicant's successors and assigns. 19. 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 6602(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 similar 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 Statue of Limitations has previously expired 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 Applicant/Representative 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 the true copy on the lines provided below, said execution indicating that the Applicant/Representative 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'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. Exhibit B DRC 09-32 ignatur roper[ r S gn •e o tcant END OF LIST OF CONDITIONS OF APPROVAL ~ ~ Date p r r-- Ll'? Date