HomeMy WebLinkAboutReso 2013-045RESOLUTION N0.2013-045
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A DESIGN REVIEW PERMIT
(DRC 10-19) FORA PROPOSED MIXED USE PROJECT
CONSISTING OF 221 UNITS AND, 15,000 SQUARE-FEET OF
RETAIL COMMERCIAL USES ON A 12.2 ACRE SITE
LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY
BETWEEN OLYMPIC VISTA ROAD AND , WEUSTE
ROAD/LAKE CREST DRIVE ~,
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject of this Resolution is
diagrammatically represented in Exhibit A attached to and incorporated into this
Resolution, and commonly known as Lake Pointe, and for the purpose of general
description herein consists of 12.2 acres (Project Site); and
B. Project; Application for Discretionary Approvals
WHEREAS, a duly veriSed application was filed with the City of Chula Vista
Development Services Departrnent on September 30, 2010 by Integral Communities, LLC
(Applicant), requesting approval of a new mixed use project for the Project Site (Project);
and
C. Environmental Determination
WHEREAS, the Development Services Director has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the Project was covered previously in Final Environmental Impact Report, Eastlake
III Woods and Vistas Replanning Program Subsequent EIR #01-01 and subsequent
Addendum thereto dated September 5, 2012; and
D. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearing, together with its purposes given by its publication in
a newspaper of general circulation in the city, and its mailing to property owners within
1,000 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the
hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held
before the City CouncIl on September 25, 2012 in the Council Chambers in the City Hall,
Chula Vista Civic Center, 276 Fourth Avenue, at 6:30 p.m. to receive the recommendations
of the Planning Commission, and to heaz public testimony with regard to the same; and
Resolution No. 2013-045
Page No. 2
WHEREAS, the City Council of the City of Chula Vista did not take action on the
Tentative Map and Design Review Permit at its meeting of September 25, 2012 and
subsequently the Project was revised to reduce the number of condominium units to 221
and increase the commercial azea to 15,000 squaze feet; and
WHEREAS, another public heazing was duly noticed to consider said Project at
the time and place as advertised, namely March 19, 2013 at 5:30 pm. in the Council
Chambers, 276 Fourth Avenue and said heazing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that it hereby finds and determines as follows:
II. DESIGN REVIEW FINDINGS/APPROVAL
A. THAT THE PROPOSED DEVELOPMENT, AS CONDITIONED, IS
CONSISTENT WITH THE DEVELOPMENT REGULATIONS OF THE
PLANNED COMMUNITY, EASTLAKE VISTAS PLANNING AREA, MU-l
ZONE.
The proposed project complies with all of the MU-1 development standazds as
shown in the following table. Said standazds specify building height and pazking
requirements and allow remaining development standards to be based upon Site
Plan (SP) review approval.
R~~l iiRpl~ r)evelopment Standardc~
Building setbacks determined by Site Plan (SP) pR nPtlSpn fnr Prni
fnr Prni
SP ect
ect:
Building Height:
Residential: Residential:
3 stories or 35 feet 28 feet/2 stories for garden homes
35 feet/3 stories for courtyard homes
Commercial: Commercial:
2 stories/30 feet Building "A": 2 stori es/30 feet
Buildin "B" : 1 sto /16 feet
Required open space: 400 square-feet per unit 97,400 square-feet (combined private and
400 x 221 = 88,400 square-feet common open space)
Parking: Parking
Residential: Residential:
2 or more bedrooms- 2.0 spaces/unit x 221= 442 Garage 442
spaces Open (guest) tnl
Open (guest) 0.3 spaces/unit x 22] = fiZ
~narec
Total Residential required = 509 spaces
Total Residential
543
Commercial
Standard 65
Commercial Compact 14
5 spaces per 1000 s.f = 7S spaces Total Commercial 2S
Total Required 584 spaces Total Provided 620
Excess Parking 34
Resolution No. 2013-045
Page No. 3
B. THE DESIGN FEATURES OF THE PROPOSED DEVELOPMENT ARE
CONSISTENT WITH, AND ARE A COST EFFECTNE METHOD OF
SATISFYING THE EASTLAKE III SPA DESIGN GUIDELINES AND THE
CITY OF CHULA VISTA DESIGN MANUAL AND LANDSCAPE MANUAL.
The design features aze consistent with the design guidelines contained in the City's
Design Manual and the Eastlake III SPA Design Guidelines. Guidelines analyzed
include the following:
Buildings should be oriented in such a way as to create courtyards and open
space areas, thus increasing the aesthetic appeal of the area.
Building design should incorporate variety in the type of materials, colors, units,
heights and facades.
Buildings with roof overhangs are encouraged to give a traditional residential
appearance
Private spaces such as patios or balconies are encouraged for each unit.
Landscaping and open space have been provided as required by the multi-family
open space requirements in accordance with Title 19 of the Chula Vista Municipal
Code (CVMC) and the City's Landscape Manual. The site is designed with a
combination of two and three-story residential buildings arranged on the site to
provide variation in design and minimize visual impact to sun•ounding
communities. The majority of the two-story garden homes on the north (rear)
portion of the site are housed in clusters of triplex buildings. Although the
buildings are arranged in a "row" fashion along the residential streets, the
building's smaller size allows for a combination of landscaping and open-space to
be provided between each of the buildings. In addition, these smaller buildings
provide space for a central recreation area to be located on the north side of the
spine road, providing for a more varied visual streetscape.
The three-story courtyard homes consist of U-shaped structures created by two
three-story townhomes connected on the end by two side-by-side two-story
townhomes, which cap off the motor court from street view. These U-shaped
structures are separated from each other by a series of intricate walkways, which
provide additional open/grcen space within the Project. Each residential unit will
be provided with a private patio or balcony. Facade plane offsets are provided on
all building elevations through the use of pop-out, recesses and staggered roof
lines with overhangs.
The project includes atwo-story commercial building which longest side fronts
and is located pazallel to Olympic Pazkway. Enhanced azchitectural articulation is
provided along the southern building face. The result is a series of plane off-sets,
window and shutter facades and roof elements that greatly enhance elevations.
Resolution No. 2013-045
Page No. 4
Colors will consist primarily of various earth-tone hues. Materials will include
concrete file roofs, wood siding, and decorative wood features, including corbels
and trellises. In addition, fapade plane offsets aze provided on all building
elevations though the use of pop-out, recesses and staggered roof lines with
overhangs. The architecture of the commercial building will complement the
architecture of the surrounding residential buildings with similaz planes and relief,
to make a cohesive project overall In addition, the current location of the two-
story commercial building will provide opportunities for views of the lake from
the second story especially from the easterly most commercial space.
The project entry is aligned with the existing Olympic Training Center (OTC)
entrance and will be a focal point of the Project along Olympic Parkway. The
entry will include the use of palm trees to mimic that of the OTC entry, thereby
providing an element of balance between these two sites and will create an even
stronger focal point for travelers along Olympic Pazkway.
The landscape buffer along Olympic Parkway would vary from a minimum of 33-
feet to over 60-feet along the main frontage of the property. Within the landscape
buffer area, an existing 10-foot wide pedestrian trail meanders along the project
frontage. Flowering shrubs and groundcover will be planted between the
pedestrian trail and street edge. The landscape buffer between the trail edge and
the projecllbuilding edge vazies in width between fourteen to twenty feet. It is
within this space that a variety of Types of trees and shrubs will be placed in
clusters to articulate the project edge and add a contrast of color, form and texture
to the project perimeter. The use of small, medium and large shrubs will also add
to the experience of the users of the trail and provide a transition from the
pedestrian scale to the lazger building scale. Enhanced azchitectural elevations
have been provided along the "end units" of the courtyazd buildings. In addition,
pursuant to Eastlake III PC District Regulations section IL3.12.3, the larger of the
two commercial buildings will be located almost entirely within the scenic
corridor setback azea. The southerly "rear" elevation is located approximately 33
feet from back of curb. This building would have additional architectural
enhancements, resulting in the "rear" southerly elevation visually appearing like
the "front" elevation of a building.
III. APPROVAL OF DESIGN REVIEW PERMIT
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that based
on the findings above, the City Counci] hereby approves the Design Review Permit subject
to the conditions set forth below.
A. THE FOLLOWING SHALL BE ACCOMPLISHED TO THE SATISFACTION
OF THE DEVELOPMENT SERVICES DIRECTOR, OR DESIGNEE, PRIOR
TO ISSUANCE OF BUILDING PERMITS, UNLESS OTHERWISE
SPECIFIED.
Resolution No. 2013-045
Page No. 5
1. Prior to, or in conjunction with the submittal of plans for building permits, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DQ-1638.
2. The colors and materials specified on the building plans must be consistent with the
colors and materials shown on the site plan and materials boazd approved by the City
Council on March 19, 2013, or as subsequently modified in accordance with their
direction.
3. Concurrent with building permit submittals, the Applicant shall provide detailed
landscape and irrigation plans prepazed by a registered landscape architect for review and
approval by the Director of Development Services or designee. Said plans shall be
prepared in accordance with Landscape Manual and the CVMC requirements including
Chapter 20.12, the Chula Vista Landscape Water Conservation Ordinance. Plans shall
include a "Concept Design Statement" that references the Chula Vista Landscape Water
Conservation Ordinance
4. Prior to the issuance of the grading permit, in conjunction with the Landscape and
Irrigation plans, the Applicant shall:
a. Include plans for the low (4' or less in height) retaining walls that include an
enhanced wall finish and vine planting to be approved by the Director of
Development Services or designee.
b. Include plans for the retaining walls at the north side of the site to be a plantable
retaining wall (if 8' or higher) or which includes enhanced wall finish with vine
planting (if less than 8' in height) to be approved by the Director of Development
Services or designee.
5. Prior to the approval of the improvement plans, the Applicant shall specify "cool" paving
for the pazking stall paving at the commercial lots to the satisfaction of the Director of
Development Services or designee.
6. Prior to or in conjunction with submittal for the first building permit, the Applicant shall
provide detailed architectural elevations for the proposed recreation/community meeting
room for review and approval by the Zoning Administrator.
7. Concurrent with building permit submittal, the Applicant shall provide a detailed open
space exhibit and accompanying landscape plans that clarify the construction details for
each of the open space areas identified on said exhibit. Said exhibit and plans shall be in
substantial conformance with those approved by City Council on March 19, 2013.
8. Prior to issuance of the first building permit, or approval of final map, whichever occurs
first, Applicant shall provide CC&R's to the City for review and approval. The CC&R's
shall clearly state the following:
Resolution No. 2013-045
Page No. 6
a. All homeowners and residents hereby acknowledge that garages shall provide
sufficient floor azea available at all times to accommodate the required pazking of
vehicles and that periodic inspections will take place by the Homeowners
Association to ensure compliance with this requirement.
9. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall
be located out of public view and adequately screened through the use of a combination
of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the
Director of Development Services or designee.
10. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted on all building and wall plans and shall be reviewed and approved by the
Director of Development Services or designee prior to the issuance of any building
permits. Additionally, the project shall conform to Sections 9.20.055 of the CVMC
regarding graffiti control.
11. The Applicant shall develop, submit and obtain approval of a "Recycling and Solid Waste
Management Plan" (Plan) by the City's Conservation Coordinator. The 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 the CVMC, including but not limited to
Sections 8.24 and 8.25, and 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. The Plan shall include a statement of how the Applicant will implement and
participate in the Recycling and Solid Waste Management Plan requirements and how Yazd
waste will be diverted. The proposed trash enclosures shall be designed with City required
screening standazds.
l2. The Applicant shall implement to the satisfaction of the Development Services Director and
the City Engineer all applicable mitigation measures identified in the Final Environmental
hnpact Report, Eastlake III Woods and Vistas Replanning Program, FEIR Ol-Ol and
associated Mitigation Monitoring and Reporting Program.
13. Prior to issuance of the first building permit, as a neighborhood enhancement, the Applicant
shall provide approximately 28 on-site parking spaces at Mountain Hawk Park.
14. Applicant shall pay the following fees:
a. Sewer Capacity Fees
b. Traffic Signal Fees
c. Development Impact Fees per Master Fee Schedule
Resolution No. 2013-045
Page No. 7
I5. Prior to issuance of a grading permit, the Applicant shall provide detailed plans to the
satisfaction of the City Engineer, indicating how they will install and maintain fencing in
compliance with CVMC Section 15.04.120.
16. Plans shall comply with Title 24 and 2010 California Building Code (CBC), California
Mechanical Code (CMC), California Plumbing Code (CPC), California Electric Code
(CEC), California Green Building Standazds Code (CalGreen) and 2008 California
Energy Code.
Eire
17. The Applicant shall comply with all requirements of the Chula Vista Fire Department
including the following: a) Ensure that the Fire Protection Plan specific to the wildland
interface is in place; b) provide a breakdown of building square footage and building
construction type for each building in order to determine the projects fire flow; c) provide
an updated water supply analysis (technical report) for review and approval. Said 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.
B. THE FOLLOWING ON-GOING CONDITIONS SHALL APPLY TO THE
PROPERTY AS LONG AS IT RELIES ON THIS APPROVAL:
18. This permit shall become void and ineffective if not used or extended in accordance with
Section 19.14.600 of the Municipal Code.
19. All landscape and handscape improvements shall be installed and maintained in
accordance with the approved landscape plan.
20. Approval of this request shall not waive compliance with all sections of Title 19 of the
CVMC, and other applicable City Ordinances in effect at the time of building permit
issuance.
21. 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 copy of this Design Review 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. This condition
may be modified by the Zoning Administrator subject to input from the City Attorney.
Resolution No. 2013-045
Page No. 8
22. 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 ApplicanllRepresentative and
Property Owner shall execute this document by making a true copy of this resolution and
signing both this original Resolution 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 Manager in the Development Services Department. Failure to return the signed
copy of this Resolution 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 wi~la~ut approval.
$-ZZ•l3
Lance Waite
Date
S-. ~Z . ~ s
Date
IV. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of future
building permits, deny, revoke or further condition all certificates of occupancy issued
under the authority of approvals herein granted, instituted and prosecute litigate or compel
their compliance or seek damages for their violations. No vested rights are gained by
Applicant or successor in interest by the City approval of this Resolution.
V. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE
Pursuant to Government Code Section 66020(d) (l), 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 timely
follow 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.
`~ Signature of Applicant, Lance Waite
Resolution No. 2013-045
Page No. 9
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceability of each and every term provision and condition herein stated; and that in the
event that any one or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its
sole discretion, this Resolution shall be deemed to be revoked and of no further force or
effect ab initio.
Presented
Assistant CitJ~ Manager/Director of
Development Services
Approved as to form by
-~ t
en R. Googins
C A y ~
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of March 2013 by the following vote:
AYES: Councilmembers: Bensoussan, Salas and Cox
NAYS: Councilmembers: Aguilar and Ramirez
ABSENT: Councilmembers: None
ATTEST:
~~ ~ ~ ~ ~~
Donna R. No is, C C, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Cheryl Cox,1\~ or
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-045 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of March 2013.
Executed this 19th day of March 2013.
/.
~,Gl-u-« ~o C~h.=a
Donna R. Norris, CMC, City Clerk
Resolution No. 2013-045
Page No. 10
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