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HomeMy WebLinkAboutItem 1 - DRC 13-02CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 7/10/13 ITEM TITLE: Public Hearing: Design Review (DRC- 13 -02) to approve a 48 -unit multi- family attached alley condominium project with two (2) car garages, remainder lot, and associated open space on approximately 1.9 acres located in the Otay Ranch Village Two, Neighborhood R -lOB, Planned Community District (RM2) Residential Multi - Family 2 zone. Applicant: Pacific Coast Communities 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 a 48 -unit multi - family attached alley condominium project. The project includes three to five bedroom condominiums, two -car garages, remainder lot, and associated open space on approximately 1.9 acres. The site is vacant and located within the Otay Ranch Village Two, Neighborhood R -IOB (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 -13 -02 to construct a 48 -unit multi - family attached alley condominium project with two (2) car garages, and associated open space on approximately 1.9 acres, based on the findings and subject to the conditions contained therein. DISCUSSION: Project Site Characteristics: The 1.9 -acre project site is located in the eastern portion of Village Two within the Village Core, on a vacant parcel north of Santa Diana Road and east of Santa Ivy Avenue. Neighborhood R -IOB is bordered on the north by a Single - Family attached alley product, future park site to the east, future Multi - Family residential to the west, and a future elementary school across Santa DRC -13 -02 Page No. 2 Diana Road to the south (Attachment 1, Locator Map). All of the surrounding parcels are currently vacant. Summary of Surrounding Land Uses General Plan Zoning Site: Mixed -Use Residential Planned Community,RM2 South: Public Quasi Planned Community,RMI North: Res. Low Medium Planned Community,RM 1 East: Park Planned Community P3 West: Res. Low Medium Planned Community RM2 Project Description Current Land Use Multi - Family Res. Attached Alley Future Elementary School Single - Family Detached Alley Future Park Future MF Residential The overall proposal consists of a 48 -unit multi - family attached alley condominium development with a remainder lot on approximately 1.9 acres within Neighborhood R -IOB in the Village of Montecito (Village Two). The proposal includes three (3) building plan types ranging from 6 -unit to 9 -unit buildings. The buildings will be two or three -story with a maximum height of 37 -ft. The floor plans, consisting of 3 -three bedroom units, 41 -four bedroom units with an optional fifth bedroom, are sized at approximately 1,635 square -feet to 2,366 square -feet for each unit. The proposed floor plans for all units include: a two -car garage, living room, kitchen and dining room on the first floor, with bedroom above on the second and third floor. Each unit is designed to provide the front entries off of the Santa Diana Road while the garage access is located off of the alleyway. Spanish style architecture incorporates four color schemes with materials such as light to dark colored stucco, tiled roofs, wrought iron accents, decorative tile, and arched openings. Required parking is provided both onsite with 48 two -car garages, and offsite with forty -two (42) on- street parking spaces provided along Santa Diana Road, directly south of the site. Onsite amenities include several open space areas throughout the project site consisting of a passive open space area in between buildings and at street corner intersections. A pedestrian light and two benches have been placed within the open space area along Santa Alexia Avenue. There are several vehicle and pedestrian accesses on and off the site. Vehicles can access the alleyway through two driveways, one along Santa Alexia Avenue and one along Santa Ivy Avenue. The main front entrance to the homes is off Santa Diana Road. Pedestrian paths are located along Santa Diana Road and along the perimeter of the site. DRC -13 -02 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 - 350 -37 -00 Current Zoning: Planned Community, RM2 General Plan Designation: Mixed -Use Residential Lot Area: 1.9 acres PARKING REQUIRED: PARKING PROPOSED: Parking spaces, broken down as follows: 2.25 spaces for three or more bedroom units 48- two car garages = 96 spaces Note: Guest parking is included Off -site parking = 42 spaces (48 units x 2.25 =108 spaces) Total: 108 parking spaces Total: 138 parking spaces SETBACKS/HEIGHT REQUIRED: SETBACKSIHEIGHT PROPOSED: Front: Subject to Design Review 10 feet (Santa Diana Road) Side: Subject to Design Review 10 feet (between buildings) Exterior Side: Subject to Design Review 15 feet to 229 feet (varies) Rear: Subject to Design Review 3 feet Height: 60 feet 37 feet ANALYSIS: Compliance with Otay Ranch Village 2 Design Guidelines 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, enhanced elevations and vehicular access are listed in each document to implement the visions. The pedestrian features throughout the site meet the intent of the Village Design Plan as described below. Passive open space area have been provided in between buildings and at street intersections while two parks are located within walking distance of the site; future park (P3 Park) site to the east and future park (P2 Park) to the south 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 the public street along Santa Diana Road via courtyards that provide for a pedestrian connection. While pedestrian access is the most 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 DRC -13 -02 Page No. 4 cars and pedestrians have less direct interaction. Neighborhood R -10B provides two vehicular access points through two driveways, one along Santa Alexia Avenue and one along Santa Ivy Avenue to the alleyway. Architectural Theme The Village Two SPA Design Plan, Multi - Family Residential Guidelines Section and Village Core MMP 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 -lOB 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 four color schemes with light and dark colored stucco walls, tile roofs, arched openings, decorative wood balcony railings, decorative tile and wrought iron pot shelves, in addition to accent colors for the trim and door /window frame color. 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, and window surrounds were used to meet these standards in previous villages, and these features have become standard in Village Two. 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 columns, archways, doorways, porches or patios and upper floor balconies and windows. For the proposed project, additional design features such as decorative gable end vents, shed roof over windows, decorative wood sill, foam corbel, decorative tile surrounding arched entryways and building offsets were added along the front of the residential building to avoid a monotonous design. Parking Village 2 SPA regulations require 2.25 spaces for three or more bedroom units. Therefore, the required parking is 108 spaces. All the units within the project provide a two -car garage with a total of 96 parking spaces. On- street parking consists of 42 spaces along Santa Diana Road pursuant to Otay Ranch Village 2 SPA, Section VIII (3) Parking Regulations. The project exceeds the required parking by thirty parking spaces and does not propose any compact parking. DRC -13 -02 CONCLUSION Page No. 5 The proposed 48 multi- family attached alley condominium project are a permitted land use in the Otay Ranch GDP and are permitted in the Residential Multi - Family Two (RM2) 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- 13 -02, to construct a 48 -unit multi - family attached alley condominium project with two (2) car garages, remainder lot, and associated open space on approximately 1.9 acres, 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 -13 -02 3. Disclosure Statement 4. Project Plans J:\Planning \Caroline \Discretionary Permits \OR VLG 2 R- 10\DRC -13 -02 PC Staff report to 7 7 L N Otay Ranch W E High School S �% / \PNPRO SPN(P ,MGR \PRA i SPN PROJECT LOCATION ATTACHMENT 1 - ..11111 s 1111 111 =_ 11111 STATE ST ■ 1 • 1 • i • 1 1:k*7��Jvi7 Case File: DRC -13 -02 CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT: Pacific Coast Communities DESIGN REVIEW PROJECT Santa Diana and Santa lvyAve ADDRESS: Otay Ranch Village 2, R10B Request: Proposed to construct 57 attached 2 and 3 story townhomes on 1.952 acres. SCALE: FILE NUMBER: NORTH NO Scale DRC -13 -02 Related case: LOW File/LocatorTTIDRC/DRC -13-02 02112013 Attachment 2 RESOLUTION NO. DRC -13 -02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC -13 -02 TO CONSTRUCT A 48 -UNIT MULTI - FAMILY ATTACHED ALLEY CONDOMINIUM PROJECT WITH TWO (2) CAR GARAGES, REMAINDER PARCEL AND ASSOCIATED OPEN SPACE ON 1.9 ACRES WITHIN THE OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R -10B. APPLICANT: PACIFIC COAST COMMUNITIES. WHEREAS, on January 22, 2013, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Pacific Coast Communities ( "Applicant "); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 48 unit multi - family attached alley condominium project with two (2) car garages, remainder parcel, and associated open space on approximately 1.9 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 -IOB ( "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 July 10, 2013 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and Resolution DRC -13 -02 Page 2 July 10, 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 -1013 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 51 units. The Applicant is proposing to build a total of 48 units with a remainder lot. Each home includes 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 108 parking spaces are required. The project proposed 138 spaces. The total building height is 37 -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 -1714. Resolution DRC -13 -02 Page 3 July 10, 2013 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 July 10, 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 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 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. Land Development Division/Landscape Architecture Division 8. The Applicant shall comply with all applicable conditions of approval for Tentative Map No. 11 -05. 9. 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 Resolution DRC -13 -02 Page 4 July 10, 2013 10. 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. Final Map 11. 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. 12. 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. 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. Landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. 14. 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). Resolution DRC -13 -02 Page 5 July 10, 2013 15. 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 16. 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. 17. Prior to approval of the Grading Plan, clearly identify the limits of the 100 year flood plain boundaries of the drainage way located within the property. 18. 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. 19. 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. 20. Site runoff shall be directed to a bioretention BMP. 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 final Grading Plans. 21. 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. 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. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per 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. ii. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. Resolution DRC -13 -02 Page 6 July 10, 2013 iii. Installation of curb, gutter, and sidewalk per SDRSD G -3 along the project's frontage. Sidewalks shall be designed and constructed with proper transitions to existing conditions. iv. Install a Concrete bus pad and a bus shelter on Santa Diana Road. v. Relocation of existing utilities, as determined by the City Engineer. 23. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 24. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.220 of the Municipal Code including offsite improvements surrounding the Project. 25. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to public sewer. 26. 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. 27. 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. 28. The Applicant shall enter into an agreement prior to approval of the Final Map to secure all Public Improvements required for the development of the Project. 29. The Applicant shall be required to process a Final Map (FM) to create the 48 multi- family units. The form and content of the FM shall be in accordance with the City of Chula Vista Subdivision Manual. The preparation of the FM must be under the direct supervision of a Registered Civil Engineer. A Registered Civil Engineer stamp must be included on the FM. 30. Prior to Final map, 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. 31. The Applicant shall submit CC &R's as approved by the City Attorney to the City Engineer and Development Services Director for approval prior to approval of the Final Map. Said CC &R's shall include the following: a) Indemnification of City for private sewer spillage. Resolution DRC -13 -02 Page 7 July 10, 2013 b) Listing of maintained private facilities. c) The City's right but not the obligation to enforce CC &R's d) Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage oblique have signed a written petition. e) Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures and landscaping. f) Implement education and enforcement program to prevent the discharge of pollutants from all on -site sources to the storm water conveyance system. 32. Said CC &R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the Final Parcel Map. 33. Prior to Improvement Plan or Building Permit approval, the Applicant shall submit and receive approval for an Encroachment Permit for any private facilities within Public right -of -way or City easement. 34. Prior to approval of any building permit, the Applicant shall submit a construction landscape plan for the review and approval by the City's Landscape Architect. Fire Department 35. The project will require a fire flow of 3,750 gallons per minute for a 3 -hour duration (at 20psi) based on 20,467 square feet V -B construction. 36. 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. 37. Prior to approval of any 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. 38. Prior to occupancy, the Applicant shall provide Fire Hydrants located not greater than 300 feet apart. The Applicant shall verify the hydrant spacing and adjust to comply with the 300 foot spacing. The minimum fire hydrant size shall be: 6" x 4" x 2" 1/2 x 2 11/2 ". 39. Prior to occupancy, fire lane signs will be required along the alleys. 40. Prior to the building permit approval, a fire control room will be required for each building. Resolution DRC -13 -02 Page 8 July 10, 2013 41. Prior to the building permit approval, buildings shall be provided with a Knox appliance. a. Provide a Knox Box at the Fire control Room 46. 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 '/2- inch stroke • 151 ft. from the building to the face of the curb = 16- inches in height with a 2 -inch stroke 47. Prior to occupancy, an automatic fire sprinkler and fire alarm system will be required to be installed per the Fire Department's regulations. IL 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. Resolution DRC -13 -02 Page 9 July 10, 2013 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 -IOB Date Signature of Applicant Date 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. Resolution DRC -13 -02 Page 10 July 10, 2013 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of July 2013, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Pat Laughlin, Secretary Presented by: Lisa Moctezuma, Chair Approved as to form by: Eric Crockett Glen R. Googins Assistant Director of Development Services City Attorney J: \Planning \Caroline\Discretionary Permits \OR VLG 2 R- 10\DRC -13 -02 PC Reso t�tl� Cl7Y OF C.HULA VISTA Disclosure Statement Attachment 3 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing APPLICATION APPENDIX B 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 interest, 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 ap 'cation, projec r contract (e g ,owner, applicant, contractor, subcontractor, material supplier) 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 L) ra 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 coMy.a, ctors, who myi hav authorized to represent you before the City in this matter.. S. 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 reI tes to this contract, project or application within the past 12 months? Yes No_ If yes, briefly describe the nature of the financial interest the official ** may have in this contract. ZZ10.1r,M.. 276 Fourth Avenue f Chula Vista California 91910 I (619) 691 5101 i D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing CITY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 6, Has any person *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 (12) mon h to a current member of the City of Chula Vista Council ? Yes No if yes which council member? _ 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 (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price f nything of value, money to retire a legal debt, gift, loan, etc) Yes No If yes, which official ** and what was the nature of the item provided? 81 Has any person *identified in 1 , 2., 3 , or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official ** of the City of Chula Vista in the past (12) months? Yes Ncl�_ If yes, which official ** and the nature of the item provided? Date 1 l—] I 1 3LL0f) re of Contractor /Applic nt 1> -41tyn Print or type name of Contractor /Applicant * Person is identified as: any individual, firm, co- partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission or committee of the City, and City employee or staff members. * ** This disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by legislative body Last Updated: March 16, 2010 Form APP- 8 Aev 03.10 276 Fourth Avenue I Chula Vista California ( 91910 I (619) 691 5101 peV2