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HomeMy WebLinkAboutItem 1 - DRC 12-10CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item• Meeting Date: 7/24/13 ITEM TITLE: Public Hearing: Design Review (DRC- 12 -10) to construct 144 residential condominiums for individual ownership with one and two car garages, open parking, recreation area, and associated open space on approximately 8.7 acres within the Otay Ranch Village Two, Neighborhood R -11, Planned Community District RM1 multi - family zone. Applicant: Sunrise Company SUBMITTED BY: Caroline Young, Associate Planner REVIEWED BY: Eric Crockett, Assistant Director of Development Services INTRODUCTION The Applicant has submitted a Design Review application for approval of 144 residential condominiums for individual ownership with one and two car garages, open parking, recreation area, and associated open space on approximately 8.7 acres. The site is currently vacant and located within the Otay Ranch Village Two, Neighborhood R -11 (see Locator Map, Attachment 1). ENVIRONMENTAL REVIEW Planning staff 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. RECOMMENDATION: That the Planning Commission adopt Resolution DRC -12 -10 for the development of 144 condominiums for individual ownership, based on the findings and subject to the conditions contained therein. DISCUSSION: Project Site Characteristics: The 8.7 -acre project site is located in the eastern portion of Village Two within the Village Core, on a vacant parcel situated between Santa Diana Road and Santa Victoria Road and east of Santa Alexia Avenue. Neighborhood R -11 is bordered on the north and east by future multi - family residential sites, future single - family residential to the south, and a future elementary school to DRC -12 -10 Page No. 2 the west (Attachment 1, Locator Map). All of the surrounding parcels are currently vacant. Summary of Surrounding Land Uses General Plan "Zoning Current Land Use Site: Residential Low Medium Planned Community RM1 Future MF Residential South: Residential Low Medium Planned Community, RMl Future SF Residential North: Residential Low Medium Planned Community RM1 Future MF Residential East: Mixed -Use Residential Planned Community, RM2 Future MF Residential West: Public Quasi Planned Community, PQ Elementary School Project Description The proposal includes two (2) building plan types ranging from three -unit to six - unit/plex buildings. The three unit /plex building would be two - stories (30 feet) and the six - unit/plex building will be three stories (32 feet). The floor plans, consisting of 48 -two bedroom units, 46- three bedroom units, and 50 -five bedroom units, are sized at approximately 1,087 square -feet to 1,928 square -feet for each unit. The proposed floor plans for the majority of the units include: a two -car garage and living area on the first floor with the bedrooms on the second floor. Other units include a one -car garage on the first floor with the living and kitchen area, and bedrooms on the second floor and third floor. Each floor plan design provides for the front entries to be off an enhanced courtyard, open space area, or along the street frontage per the Otay Ranch Village 2 SPA regulations. Spanish style architecture incorporates materials such as light to dark colored stucco, tiled roofs, decorative tile trim, window shelves and shutters, arched recessed windows, decorative stucco wrapped lattice recess on the balconies, and arched openings. Required parking is provided both ofsite and offsite with 48 one -car garages and 96 two -car garages, 60 off - street parking spaces, and 61 on- street parking spaces provided along Santa Diana Road, Santa Victoria Road and Santa Alexia Avenue surrounding the site. On site amenities include several open space areas throughout the project site consisting of a recreational area with a toddler play structure, benches, seating area, covered picnic area, and a barbeque. Additional amenities consist of open courtyards and open space areas between buildings. The site plan includes two secondary landmark entry feature areas located along Santa Diana Road on either side of the project. There are also several entry features throughout the site to help identify pedestrian pathways. The site plan depicts a trellis over the pedestrian pathway at the corner of Santa Diana Road and Santa Alexia Avenue. Enhanced paving is provided throughout the site along areas where the pedestrian path crosses the road and at each driveway entrance location. There are several vehicle and pedestrian accessways on and off the site. Vehicles can access the site through three driveways: one along Santa Victoria Road; one along Santa Alexia Avenue; and one along Santa Diana Road. A future vehicle connection adjacent to Driveway G as identified on the site plan and pedestrian link is provided across the middle of the site to the R -29 neighborhood to the east. Another pedestrian link is also provided at the corner of Santa Diana Road and Santa Alexia Avenue through a pedestrian trellis with seating leading to the project DRC -12 -10 site. Compliance with Development Standards Page No. 3 The following Project Data Table shows the development regulations along with the applicant's proposal to meet said requirements: Assessor's Parcel Number: 644 - 030 -10 -00 Current Zoning: Planned Community, Residential Medium 1 (RM 1) General Plan Designation: Residential Low Medium Lot Area: 8.7 acres PARKING REQUIRED: PARKING PROPOSED: Parking spaces, broken down as follows: 2 spaces for two bedroom units 96- two -car garages = 192 spaces 48 Units x 2 =96 parking spaces 48- one -car garages = 48 spaces 2.25 spaces for three plus bedroom units Off - street parking= 60 spaces Note: Guest parking is included On- street parking =61 spaces 96 Units x 2.25 =216 parking spaces Total: 312 parking spaces Total: 361 parking spaces SETBACKS /HEIGHT REQUIRED: SETBACKS /HEIGHT PROPOSED: Front: Subject to Design Review 10 feet (Santa Diana Road) Side: Subject to Design Review 96 feet Exterior Side: Subject to Design Review 10 feet Rear: Subject to Design Review 93 feet Height: 45 feet 30 feet (two- story) 32 feet (three- story) ANALYSIS: Compliance with Otay Ranch Village 2 Design Guidelines and Village Core Master Precise Plan Site Planning and Building Placement /Orientation The Village Design Plan, Section III Residential District and the Village Core Master Precise Plan (MPP) include guidelines and policies that ensure that multi - family residential buildings will contribute to the pedestrian- oriented "Village Concept" established in the Otay Ranch GDP. Policies relating to pedestrian connections, building orientation, landscape buffers, enhanced elevations and vehicular access are listed in each document to implement the vision of these documents. The pedestrian features throughout the site meet the intent of the Village Design Plan as described below. The proposal includes a pedestrian corridor that when finished will link Neighborhood R -11 site to the adjacent Multi - Family Residential project (R -29) site to the east passing through to the Mixed -Use (MU -2) site. This link will occur adjacent to Driveway G as shown on Attachment 4, Project Plans. The plan also includes another pedestrian link from Driveway G through the subject parcel adjacent to the recreation area to Santa Alexia Avenue and another pedestrian link from north to south within the subject parcel from Santa Diana Road to Santa Victoria Road. Within the active open space area, several pedestrian features are provided such as a tot lot, DRC -12 -10 Page No. 4 passive open space area, benches, and trellises for the pedestrian to enjoy. In order to comply with the building siting polices and guidelines included in the Village Two Design Plan and Village Core MPP, buildings have been oriented to front on either the public street along Santa Diana Road and Santa Alexia Road or via courtyards that provide for a pedestrian connection. While pedestrian access is a significant feature in the Villages of Otay Ranch, increased vehicular access is also important in order to offer a variety of ways to access different areas. Dispersion of automobile traffic also has the effect of making areas more pedestrian friendly as cars and pedestrians have less direct interaction. Neighborhood R -11 provides three vehicular access points to the site. Architectural Theme The Village Two SPA Design Plan, Multi- Family Residential Guidelines Section and Village Core MPP identify Santa Barbara, California as the design inspiration for the Village of Montecito (Village Two). As a fundamental component of the village core, the architecture of the proposed multi - family development is focused primarily on the Santa Barbara design theme. Although not mandated, preferred architectural styles for the core's multi - family development include Spanish Eclectic and Spanish Mission to complement the design theme of the remainder of the village. Neighborhood R -11 is within the Village of Montecito's Secondary Core District and its architecture is consistent with the policies of the Village Design Plan and the Village Core MPP. The proposed Spanish style architecture includes light and dark colored stucco walls, tile roofs, decorative the trim, window shelves and shutters, arched recessed windows, decorative stucco wrapped lattice recess on the balconies, and arched openings. Throughout Otay Ranch, enhanced elevations are required where developments are visible from public rights -of -way as well as pedestrian areas. This regulation is stipulated in the Village Two PC District regulations and the Village Core MPP. Typically, mullioned windows, pop -outs, trellises and window surrounds were used to meet these standards in previous villages, and these features have become standard in Village Two. According to the Otay Ranch Village Two Design Guidelines, enhanced elevations should include varying building elements, roof pitches, and setbacks to avoid monotony. In addition, distinctive building elements shall be oriented toward the corners of prominent village core and entry street intersection. Street facing facades are required to incorporate a range of scale - defining elements that relate larger building masses to the scale of the pedestrian. Elements may include trellises, columns, archways, doorways, porches or patios and upper floor balconies and windows. For the proposed project, additional design features such as decorative foam pipes, covered deck, recessed garage door plane, varying garage facades and building offsets were added along the front and rear of the residential building to avoid a monotonous design. Parkin Village 2 SPA regulations require two spaces for two bedroom units and 2.5 spaces for three or more bedroom units. Therefore, the required parking is 312 spaces. Onsite parking consists of 48 one -car garages, 96 two -car garages, and 60 open parking spaces, including two disabled DRC -12 -10 Page No. 5 spaces. On- street parking consists of 61 spaces along Santa Diana Road, Santa Victoria Road, and Santa Alexia Avenue pursuant to Otay Ranch Village 2 SPA, Section VIII (3) Parking Regulations. The project exceeds the required parking by forty -nine parking spaces and does not propose any compact parking. CONCLUSION The proposed 144 residential condominiums for individual ownership are a permitted land use in the Otay Ranch GDP and are permitted in the Residential Multi- Family One (RM1) district of the Village Two SPA Plan. The proposal complies with the policies, guidelines and design standards for the Village Two Design Plan as well as the Village Core MPP. Therefore, staff recommends the Planning Commission approve Design Review Permit, DRC- 12 -10, subject to the conditions listed in the attached Resolution. DECISION -MAKER CONFLICTS Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. Attachments 1. Locator Map 2. Planning Commission Resolution DRC -12 -10 3. Disclosure Statement 4. Project Plans J: \Planning \Caroline \Discretionary Pennits \OR VLG 2 R -11 144 Condos \DRC -12 -10 PC Staff report i ii ii ♦�♦ 11 11 :� 11 �_ 11 _� MEN III D Case File: DRC-12-10 CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT: Sunrise Company DESIGN REVIEW PROJECT Southeast Corner of Santa Diana Rd Request: Proposed subdivide 8.728 acres lot into ADDRESS: and Santa Alexia Ave 144 multi - family residential condominiums with SCALE: FILE NUMBER: 1 recreation area. NORTH No Scale I DRC -12 -10 Related Case: L: /Dai File /LooatorTT /DRC /DRC -12 -10 08.16.2012 RESOLUTION NO. DRC -12 -10 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC -12 -10 TO CONSTRUCT 144 RESIDENTIAL CONDOMINIUMS FOR INDIVIDUAL OWNERSHIP WITH ONE AND TWO CAR GARAGES, OPEN PARKING, RECREATION AREA, AND ASSOCIATED OPEN SPACE ON APPROXIMATELY 8.7 ACRES WITHIN THE OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R -11. APPLICANT: SUNRISE COMPANY. WHEREAS, on August 2, 2012, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Sunrise Company ( "Applicant "); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 144 residential condominiums for individual ownership with one and two car garages, open parking, recreation area, and associated open space on approximately 8.7 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 -11 ( "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 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; and Page 2 July 24, 2013 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 -11 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 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 SPA Design Plan. The project is in compliance with the Multi- Family Design Guidelines of the Otay Ranch Village Two SPA Design Plan, and is consistent with the SPA density requirements. The allowable density on the site is a total of 144 units. The Applicant is proposing to build a total of 144 units. Each home includes either a one -car garage or a two -car garage 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 312 parking spaces are required. The project proposes 361 spaces. The maximum total building height is 32 -ft, whereas the maximum building height per the Residential Guidelines is 45 -ft. The lot area, floor area ratio, and setback requirements are subject to an Administrative 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 -1698. Page 3 July 24, 2013 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 CVMC regarding graffiti control. 5. 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 Development Services Director. 6. 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. Land Development Division /Landscape Architecture Division 7. The Applicant shall be required to pay Land Development Division 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 8. 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 9. 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. Page 4 July 24, 2013 10. Prior to the approval of any building permit, the Applicant shall submit duplicate copies of all commercial, industrial or multifamily Projects in digital format, such as (DXF) graphic file, on a CD or through e -mail based on California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City's Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed sewer or storm drains on site. 11. Provide a circulation analysis demonstrating: a. Solid waste truck movements b. Turing movements of cars exiting garage c. Location of visitor parking 12. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right of way, city easements or City owned Open Space Lots will require an encroachment permit. 13. 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. Applicant 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 adjacent property owner(s). 14. The Applicant shall provide 2 copies of the following technical reports with the 1St submittal of Grading Plans: • Drainage Study • Water Quality Technical Report • Geotechnical Report Page 5 July 24, 2013 15. 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. 16. A final Water Quality Technical Report (WQTR) and 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 Practices (BMP) Requirements. The Water Quality Technical Report shall include design features, such as bio- retention facilities, and other high - efficiency BMPs per 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 Low Impact Development Manual provides assistance with the selection of various design features. 17. 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. 18. 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. 19. 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. 20. 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. 21. Where feasible, storm water runoff from parking areas and roofs shall be directed to landscaped areas before discharge to storm drainage systems. Page 6 July 24, 2013 22. 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: i. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. 23. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to public sewer. 24. Prior to Final 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 : / /Iwww.chulavistaca.rov /goto /GIS. The data upload site only accepts zip formatted files. 25. Any private facilities within Public right -of -way or City easement will require an Encroachment Permit prior to improvement plan or building permit approval. 26. The Applicant is responsible for the construction of the following streets as part of this project; portions along frontage of Santa Victoria Road, Santa Alexia Avenue, and Santa Diana Road. 27. The Applicant shall coordinate with the adjacent R -29 site to the east to line up the proposed pedestrian connection between R -29 and R -11, located adjacent to Driveway G. 28. Prior to the approval of the building permit, the Applicant shall comply with the minimum distance between any adjacent walk and the top of slope down into the swale located in between the residential buildings. Fire Department 29. The Fire Protection plan for Otay Ranch Village 2 shall be in place for this project. 30. The Project's fire flow will be determined when the building construction and square footage for each building is supplied. 31. 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. 32. 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. Page 7 July 24, 2013 33. Prior to occupancy, the Applicant shall provide Fire Hydrants located not greater than 300 feet apart. The Applicant shall add additional fire hydrant adjacent to the entrance on the west side of the Project. The minimum fire hydrant size shall be: 6" x 4" x 2" 1/2 x 2 1/21, 34. Prior to the approval of the building permit, a riser room will be required for each building. 35. An Illuminated directory will be required at all entrances to the neighborhood. 36. Prior to approval of the building permit, show a turning radius diagram using Chula Vista Fire Department detail. 37. Prior to any construction, all Fire Department access and water supply need to be installed. 38. Prior to occupancy, fire lane signs will be required along the private drives. 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 1/2- 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 Department's regulations. Public Works Department, Environmental Division 41. The Applicant shall submit a Performance Deposit and a Waste Management Report demonstrating how, they will meet the diversion requirements per the Demolition Debris and Construction Debris Recycling Ordinance. 42. Prior to the building permit approval, the CC &R's shall provide an exhibit showing the location of the trash and recycling bin for each homeowner. On dead end streets, the owners shall locate their trash and recycling bin across the driveway, in order for the bins to be serviced from the right side of the trash truck. Page 8 July 24, 2013 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 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 document shall be signed and returned to the City's Development Services Department. Signature of Property Owner OR Village 2 R -11 Signature of Applicant Date Date Page 9 July 24, 2013 IV. 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 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 and the permit shall be deemed to be automatically revoked and of no further force and effect. 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: NOES: ABSENT: ABSTAIN: Lisa Moctezuma, Chair ATTEST: Pat Laughlin, Secretary Presented by: Eric Crockett Assistant Director of Development Services J:\Planning \Caroline \Discretionary Pennits \OR VLG 2 R- 10 \DRC -12 -10 PC Reso Approved as to form by: Glen R. Googins City Attorney r y atv OF CHULA VISTA Disclosure Statement * ** Pursuant to City Council Policy 101 -01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). Village II of Otay HB Sub Otay Ranch Village II PC -11, LLC 2. If any person* identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation /partnership) entity. Alfred E. Baldwin Ronald J. Baldwin Shawn M. Baldwin Steven E. Baldwin Randall G. Bone 3. If any person* identified in section 1. above is a non - profit organization or trust, list the names of any person who is the director of the non- profit organization or the names of the trustee, beneficiary and trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. '�SMUkuJ 9AC',Cx_ George johsz Zach A.clamS 276 Fourth Avenue Chula Vista I California 9191 (619) 585 -5722 Cy y r •ft ,TV of CHULA VISTA Disclosure Statement * ** Disclosure Statement -Page 2 5. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official ** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes_ No X If Yes, briefly describe the nature of the financial interest the official ** may have in this contract. 6. Has any person* anyone identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No_* Yes,-K—, es If yes, which Council member? c-Z�' 7. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official ** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No_x_ If Yes, which official ** and what was the nature of item provided? 276 Fourth Avenue I Chula Vista I Californila 91916 (619) 585 -5722