Loading...
HomeMy WebLinkAboutDRC 2013-14RESOLUTION NO. DRC -13 -14 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC- 13-14 TO CONSTRUCT TWO BUILDINGS TOTALING 181,211 SQUARE -FEET FOR A SENIOR CARE FACILITY WITH ASSISTED LIVING, MEMORY CARE, SENIOR HOUSING, AND ASSOCIATED USES AND OPEN SPACE, TO BE CONSTRUCTED IN TWO PHASES ON APPROXIMATELY 4.5 ACRES IN OTAY RANCH VILLAGE ONE, NEIGHBORHOOD 1 CPF -2 SITE WHEREAS, on May 30, 2013, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Trinity Pacific ( "Applicant "); and WHEREAS, the application requests approval of a Design Review Permit to construct 181,211 square -feet of building area for a senior care facility with assisted living, memory care, and senior housing with a multi - purpose, exercise, dance, therapy, beauty, and chapel room, and associated open space, to be constructed in two phases on approximately 4.5 acres ( "Project'); and WHEREAS, the area of land that is the subject of this Resolution is an existing parcel located in the Otay Ranch Village One CPF -2 site ( "Project Site "); and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch Sectional Planning Area (SPA) I and Annexation Final Second -Tier Environmental Impact Report, EIR 95 -01. Thus, no further environmental review is required; 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 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 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely July 24, 2013 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby makes the following findings: 1. That the proposed project is consistent with the development regulations of the Village One Sectional Planning Area (SPA) Plan and Planned Community (PC) District Regulations. PC Resolution DRC -13 -14 Page 2 July 24, 2013 The CPF -2 site is designated for Community Purpose Facilities in the PC District regulations of the Otay Ranch Village One SPA Plan. The proposed senior care facility use is permitted and meets all of the development regulations as stipulated in the Otay Ranch Village One PC District Regulations as conditioned. 2. The proposed project is consistent with the design and development standards of the Otay Ranch Village One Sectional Planning Area (SPA) Design Plan. The project is in compliance with the Otay Ranch Village One Design Plan of the Otay Ranch Village One SPA. The senior care facility consists of a total of 217 units for assisted living, memory care, and independent living with a total of 221 beds for the seniors. Enhanced architectural details are proposed along the street elevations and the layout of the site provides for a pedestrian oriented design and a landmark feature in accordance with the Otay Ranch Village One SPA Plan. A total of 74 parking spaces are required. The project proposed 93 spaces. The total building height is four stories, 40 -60 feet with the grade difference, whereas the maximum building height per the guidelines is four stories. The project also meets the setback requirements. BE IT FURTHER RESOLVED, that the Planning Commission, based on the findings above, hereby approves the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Development Services Director or designee, 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 -1716. 3. 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 July 24, 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 Chula Vista Municipal Code ( "Municipal Code ") 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 properties and streets as required by the Development Services Director. Such screening PC Resolution DRC -13 -14 Page 3 July 24, 2013 shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 6. All ground mounted utility appurtenances, including but no limited to transformers and AC condensers, 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 Development Services Director. 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 Development Services Director, prior to the issuance of the building permit. 8. The Applicant shall obtain approval by the Development Services Director of a sign permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. 9. Prior to occupancy, the Applicant shall obtain approval from the State of California and the Chula Vista Police Department for an ABC license and continue to obtain a valid ABC license throughout the operation of the business in order to serve the alcohol in the pub and dining room area of the senior care facility. 10. The Applicant shall provide additional architectural elements and articulation around the entrance of the Phase 2 building as approved by the Development Services Director, or designee. Land Development Division/Landscape Architecture Division 11. 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 in accordance with the Master Fee Schedule 12. Payment of the Park Acquisition and Development (PAD) fees per dwelling unit is required prior to the issuance of the first building permit in accordance with Municipal Code Section 17.10. 100. The PAD fee is adjusted on an annual basis on October 1 based on the Engineer Construction Cost Index. In accordance with a 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 outstanding and shall be paid in accordance with Municipal Code Chapter 17.10. PC Resolution DRC -13 -14 Page 4 July 24, 2013 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 drivers 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. Provide a circulation analysis demonstrating: a. Solid waste truck movements b. Turning movement for vehicles c. Location of visitor parking. 16. Temporary improvements (including but not limited to fence, asphalt ramps and signs) located in the street right of way, or city easements will require an encroachment permit. 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 Chapter 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 affected property owner(s). 18. The Applicant shall provide two copies of the following technical reports with the 1st submittal of grading plans: a. Drainage study b. Water Quality Technical Report c. Geotechnical Report 19. The project shall comply with all requirements of the Chula Vista Development 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. PC Resolution DRC -13 -14 Page 5 July 24, 2013 20. A Final Water .Quality Technical Report (WQTR) and Final Drainage study shall be submitted prior to building permit approval along with a Site Plan showing that project can meet the City's Low Impact Development (LID), Source Control, Treatment Control, and Hydromodification Control Best Management Practice (BMP) Requirements. The WQTR shall include design features, such as bio- retention facilities, and other high - efficiency BMPs in accordance with LID requirements under current City Standard Urban Stormwater Mitigation Plan (SUSMP) standards, the City's Development Storm Water Manual, and as imposed by the current NPDES Municipal Permit adopted by the Regional Water Quality Control Board. LID principles must be incorporated into the project's design. For additional information, refer to the Chula Vista Development Storm Water Manual website. The County of San Diego LID Manual provides assistance with the selection of various design features. 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. Permanent storm water requirements, including site design, source control, treatment control, and hydromodification control BMP's, all as shown in the approved WQTR, shall be incorporated into the project design, and shall be shown on the plans. Provide sizing calculations and specifications for each BMP's. Any structural and non - structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 24. Site design shall include features to meet NPDES Municipal Permit Standards. These features shall maximize infiltration and minimize impervious land coverage while conveying storm water runoff. 25. Where feasible, storm water runoff from parking areas and roofs shall be directed to landscaped areas before discharge to storm drainage systems. 26. The site runoff shall be directed to the bioretention BMP area located on the site. The bioretention BMP shall be designed in accordance with criteria established in the Countywide Model SUSMP and the California Stormwater Quality Association (CASQA) Storm Water Best Management Practices Handbook, BMP # TC -32. Details of the bioretention facility shall be shown on the plan. PC Resolution DRC -13 -14 Page 6 July 24, 2013 27. All on -site storm drain inlets and catch basins shall be provided with permanent stenciling and signage according to City of Chula Vista Standards to prohibit illegal discharge to the storm drain system. 28. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the project prior to issuance of any grading or building permits, whichever occurs first. 29. Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit will be required prior to issuance of any building permits. The Improvement Plan shall include but not be limited to: a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk in accordance with SDRSD G -2, and G -7 along the project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. b. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. 30. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 31. Any improvements in the public right -of -way beyond the project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved by the City Engineer. 32. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.220 of the Municipal Code. 33. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to the public sewer. 34. 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. 35. 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. 36. Prior to Grading or Street Improvement Plan approval, the Applicant shall upload copies of the Street Improvement Plan, Grading Plan, Final Map and Site Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS section using the city's digital submittal file upload website at http : / /www.chulavistaca.gov /goto /GIS. The data upload site only accepts zip formatted files. PC Resolution DRC -13 -14 Page 7 July 24, 2013 37. Any private facilities within Public rights -of -way or City easements will require an Encroachment Permit prior to improvement plan or building permit approval. 38. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be undergrounded in accordance with the Municipal Code. Further, all new utilities serving the subject property shall be undergrounded prior to the issuance of any building permits. 39. Prior to the approval of the Street Improvement Plan, details of the proposed bus stop and bus shelter shall be shown on the plans and approved in accordance with the City of Chula Vista Transit Division and NITS regulations. 40. The Applicant shall submit full landscape construction plans prior to the approval of the building permit. Fire Department 41. The Project will require a fire flow of 4,000 gallons per minute for a 4 -hour duration (at 20psi), for the Phase one — 4 story building 129,100 square feet I -B. 42. The Project will require a fire flow of 2,250 gallons per minute for a 2 -hour duration (at 20psi) for the Phase one — one story building 16,100 V -A 43. The Project will require a fire flow of 2,250 gallons per minute for a 2 -hour duration (at 20psi) Phase two- 3 -story building 47,904 square feet I -A. 44. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating that the above mentioned fire flow is available to serve this Project. 45. 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. 46. Fire Hydrants shall be located not greater than 300 feet apart. 47. Based upon the minimum required fire flow and minimum hydrant spacing, four (4) hydrants are required to serve the Project. 48. Provide a fire hydrant only exhibit, as part of this submittal. All other utility layers shall be turned -off leaving just the underground fire service utilities. The minimum fire hydrant size shall be: 6" x 4" x 2" I/z x 2 '/2 ". 49. Buildings shall be provided with two Knox appliances. • Provide a Knox Vault at the main entrance to the building • Provide a Knox Box at the fire control room PC Resolution DRC -13 -14 Page 8 July 24, 2013 50. 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 11/2 - inch stroke • 151 ft. from the building to the face of the curb = 16- inches in height with a 2 -inch stroke 51. Prior to the approval of the building permit, a fire control room will be required for each building. 52. Prior to occupancy, an automatic fire sprinkler and fire alarm system will be required to be installed in accordance with Fire Departments regulations. 53. Prior to occupancy, standpipes shall be provided in accordance with Section 905 of the Fire Code. 54. Prior to occupancy, a smoke detection system shall be required. 55. The Applicant shall provide one fire extinguisher for every 3,000 square -feet and 75 feet of travel in any direction. Public Works, Environmental Division 56. 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 PC Resolution DRC -13 -14 Page 9 July 24, 2013 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. 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 docun>@e it shall be signed and returned to the City's Development Services I � �� d Z t 1 2613 lature of r y O erg-- Date Signature of Applicant Date IV. GOVERNMENT CODE SECTION 66020(d)(1), 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 bar 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 similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. V. 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, 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 PC Resolution DRC -13 -14 Page 10 July 24, 2013 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. VI. 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 and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by: Eric Crockett Assistant Director of Development Services Approved as to form by: Glen gins { City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of July, 2013, by the following vote, to -wit: AYES: Anaya, Calvo, Livag, Spethman, Vinson, Chair Moctezuma NOES: ABSENT: ABSTAIN:, �. dmoct`ezur&_Ch it A T ST: a . k_1 PaT Laughlin, Se&rdtary J: \Planning \Caroline\Discretionary Permits \St. Pauls Senior Housing \DRC -13 -14 PC Reso