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HomeMy WebLinkAboutDRC 2012-16RESOLUTION NO. DRC -12 -16 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC -12 -16 TO CONSTRUCT A 170 -UNIT MULTI - FAMILY APARTMENT PROJECT WITH ONE (1) CAR GARAGES, OPEN PARKING, RECREATION BUILDING, POOL, AND ASSOCIATED OPEN SPACE ON 7.1 ACRES WITHIN THE OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R -29. APPLICANT: MONARCH AT TAVERA, LP. WHEREAS, on November 15, 2012, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Monarch at Tavera, LP ( "Applicant "); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 170 unit multi - family project with one (1) car garages, open parking, recreation building, pool, and associated open space on approximately 7.1 acres ( "Project "); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located in the Otay Ranch Village Two, Neighborhood R -29 ( "Project Site "); and WHEREAS, Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was adequately covered in previously adopted Final Second Tier EIR (EIR- 02 -02), for the Otay Ranch Villages Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan. No further environmental review or documentation is necessary; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with it 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 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely May 22, 2013 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it makes the following findings: 1. That the proposed project is consistent with the development regulations of the Village Two Sectional Planning Area (SPA) Plan and Planned Community (PC) District Regulations. Neighborhood R -29 is designated Residential Multi - Family in the PC District regulations of the Otay Ranch Village Two SPA Plan. The proposed multi - family use is permitted and Resolution DRC 12 -16 May 22, 2013 Page 2 meets all of the development regulations as stipulated in the Otay Ranch Village Two PC District Regulations as conditioned. 2. The proposed project is consistent with the design and development standards of the Otay Ranch Village Two Sectional Planning Area (SPA) Design Plan. The project is in compliance with the Multi - Family Design Guidelines of the Otay Ranch Village Two Design Plan, and is consistent with the SPA density requirements. The allowable density on the site is a total of 187 units. With 17 units previously constructed, a total of 170 units are allowed. Each home includes a one -car garage and an open parking space in addition to guest parking. Enhanced architectural details are proposed along the street elevations and the layout of the site provides for a pedestrian oriented design per the Otay Ranch Village 2 SPA Plan. A total of 306 parking spaces are required. The project proposed 314 spaces which does not include the parking already provided for in the existing 17 units. The total building height is 40 -ft, whereas the maximum building height per the Residential Guidelines is 60 -ft. The lot area, floor area ratio, and setback requirements are subject to Design Review (DR). BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Planning Division 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1705. 3. Prior to the approval of building permits, the colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Planning Commission on May 22, 2013. 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Development Services Director prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. 5. All roof appurtenances, including air conditioners and other roof mounted equipment and /or projections, shall be shielded from view and the sound buffered from adjacent Resolution DRC 12 -16 May 22, 2013 Page 3 properties and streets as required by the Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 6. 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. 7. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved to the satisfaction of the Director of Development Services, prior to the issuance of the building permit. 8. The Applicant shall obtain approval by the Development Services Department of a sign permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. Land Development Division/Landscape Architecture Division 9. The Applicant shall comply with all applicable conditions of approval for Tentative Map No. 06 -05. 10. The Applicant shall be required to pay Engineering Fees based on the final approved building plans for the project. • Sewer Connection and Capacity Fee • Traffic Signal Fee • Public Facilities Development Impact Fees • Eastern Transportation Development Impact Fees • Other Engineering Fees as applicable per Master Fee Schedule 11. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Street Improvement Plans c. Construction Permit 12. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is required prior to the issuance of the first Building Permit in accordance with CVMC 17.10. 100. The PAD fee is adjusted on an annual basis on October 1 based on the Engineer Construction Cost Index. Per letter dated April 12, 2013, signed by Gary Halbert, and that certain Agreement to Satisfy Parkland Acquisition Requirement, recorded in the Office of the County Recorder of the County of San Diego on April 11, 2013, the parkland obligation has been satisfied; however, park development fees remain Resolution DRC 12 -16 May 22, 2013 Page 4 outstanding and shall be paid in accordance with Chula Vista Municipal Code section 17.10. 13. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 18.16.220 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. 14. Proposed fire access road shall meet H -20 loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 15. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right of way, or city easements will require an encroachment permit. 16. Streets or driveways within the complex shall be designated as private. 17. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Municipal Code Title 15.05. Developer shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements, including, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and Geotechnical /Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre - Development and Post - Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post - Development flows exceed Pre - Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. c. Drainage study shall also demonstrate that no property damage will occur during the 100 -year storm event. d. Drainage study shall show any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite work will require Letters of Permission from the property owner(s). 18. The Applicant shall provide two copies of the following technical reports with the 1st submittal of grading plans: 1. Drainage study 2. Water Quality Technical Report 3. Geotechnical Report 19. The Applicant shall comply with the following regulations for retaining walls prior to the approval of a grading permit. a. All retaining walls shall be noted on the grading plans and include a detailed wall profile. Resolution DRC 12 -16 May 22, 2013 Page 5 b. Structural wall calculations are required if walls are not built per San Diego Regional Standard Drawings, or City of Chula Vista Construction Standards CVCS -30 thru 40, and if fences are to be placed on top of retaining walls. c. Retaining walls that will be part of a building wall must be approved as part of the building permit for the project. d. Retaining walls around trash bin (if any) shall be noted on the grading plans and called out per standard. e. Detail how retaining wall drains tie into the drainage system. 20. The project shall comply with all requirements of the Chula Vista Development Storm Water Manual (Storm Water Manual) for both construction and post - construction phases of the project. Prior to building permit approval, documentation shall be provided, to the satisfaction of the City Engineer, to demonstrate such compliance. 21. Development of this project shall comply with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity, and any subsequent re- issuances thereof. In accordance with said Permit, a Storm Water Pollution Prevention Plan ( SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities. The SWPPP shall specify construction structural and non - structural pollution prevention measures. 22. Prior to issuance of the grading permit for the project, a complete and accurate Notice -of- Intent (NOI) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 23. Prior to the issuance of any Building Permits, the Applicant shall submit an Improvement Plan in conformance with the City's Subdivision Manual and must obtain a Construction Permit. Prior to the approval of the Improvement Plan, the Applicant shall dedicate additional right -of -way frontage along the frontage of Santa Victoria Road per the City Engineer. 24. A complete set of Signing and Striping Plans shall be included with the Street Improvements Plans for review by Traffic Engineering. 25. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.220 of the Municipal Code. 26. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to the public sewer. Resolution DRC 12 -16 May 22, 2013 Page 6 27. 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. 28. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. Driveway A shall include pedestrian ramps on all legs. 29. Any private facilities within Public right -of -way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 30. The Applicant shall submit a letter of permission to grade and construct driveway A from the adjacent property owners to the City Engineer. 31. Prior to approval of building permit, the Applicant shall submit a construction landscape plan for the review and approval by the City's Landscape Architect. 32. Prior to the approval of the building permit, the Applicant shall obtain an encroachment permit from the Land Development Division and provide a maintenance agreement for the Palm Bosque located along Santa Victoria Road per the approval of the City Engineer. Fire Department 33. Prior to approval of any building permit, the fire protection plan in accordance with the Otay Ranch Village 2 shall be in place for this project. 34. Prior to the approval of any building permit, the Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating fire flow is available to serve this project. 35. Prior to approval of the building permit, 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 demand sprinkler riser. 36. Fire Hydrants shall be located not greater than 300 feet apart. The minimum fire hydrant size shall be: 6" x 4" x 2" '/z x 2 '/2 ". 37. Prior to any construction, all Fire Department access and water supply need to be installed. 38. Prior to occupancy, all the private drives will be considered fire lanes, and marked per the City Standard. Resolution DRC 12 -16 May 22, 2013 Page 7 39. The buildings shall be addressed in accordance with the following criteria: • 0 -50 ft. from the building to the face of the curb = 6- inches in height with a 1 -inch stroke • 51 -150 ft. from the building to the face of the curb = 10- inches in height with a 1 V2- inch stroke • 151 ft. from the building to the face of the curb = 16- inches in height with a 2 -inch stroke 40. Prior to occupancy, an automatic fire sprinkler and fire alarm system will be required to be installed per the Fire Departments regulations. Public Works, Environmental Division 41. Prior to the approval of the building permit, the Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Section 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by the residential developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The "Recycling and Solid Waste Management Plan" features shall be identified on the building plans. 42. Prior to the approval of the building permit, the Applicant shall submit the required performance deposit fee. II. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved landscape plan. 3. Approval of the Design Review Permit shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance. 4. 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 Resolution DRC 12 -16 May 22, 2013 Page 8 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. 5. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shad e signed and returned to the City's Development Services Department. --"I Signature olf Pr4ertyNwner OR lage 2 R -29 i ature of p scan � - -V 13 - , Date IV. CONSEQUENCE OF FAILURE OF CONDITIONS a -7 �3 Date 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, 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 herein granted, institute and prosecute litigation to compel their 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. V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the 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, this Resolution DRC 12 -16 May 22, 2013 Page 9 resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by: Approved as to form by: 2,f Eric Crockett Glen 4. Googins Assistant Director of Development Services Cl ttorney °~ PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of May, 2013, by the following vote, to -wit: AYES: Moctezuma, Livag, Anaya, Spethman, Vinson NOES: n/a ABSENT: n/a ABSTAIN: Calvo ATTF,ST: Patricia Laughlin, Secret Lis Moct ma, air