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HomeMy WebLinkAboutItem 2 - Millenia - Fairfield RealtyCHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 2 Meeting Date: 3/12/14 ITEM TITLE: Public Hearing: Design Review (DRC- 13 -21) to construct 273 luxury rental apartments, 2,000 square feet of retail space, an on -site leasing office, and 513 parking spaces on 9.27 acres within the Millenia Master Planned Community. Applicant: Fairfield Realty, LLC. SUBMITTED BY: Patricia Ferman, Landscape Architect/Project Manager REVIEWED BY: Kelly Broughton, Director of Development Services INTRODUCTION In accordance with the Millenia/Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan, Fairfield Realty, LLC has submitted a Design Review application for approval to construct 273 luxury rental apartments, 2,000 square feet of retail space, a 7,000 square -feet leasing office /club house, 505 residential parking spaces, 8 retail parking spaces, recreation areas, and associated open space on SPA Lot 4 within the Millenia Neighborhood District 2 (Attachment 3, page II -45). This is the first residential development to be constructed within Millenia (Locator Map, Attachment 1). ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Final Second Tier Environmental Impact Report, (EIR- 07 -0 1) and subsequent Addendum (IS -13 -001). Thus, no further environmental review or documentation is required. RECOMMENDATION: That the Planning Commission adopt Resolution DRC -13 -21 for the development of 273 luxury rental apartments, based on the findings and subject to the conditions contained therein. Rev. 2/24/14 DRC -13 -21 DISCUSSION: Project Site Characteristics Item 2 March 12, 2014 Page No. 2 The 9.27 -acre project site is within the Millenia Neighborhood District 2 and is located at the southwest corner of Birch Road and Eastlake Parkway. The Project is bordered on the north by the Otay Ranch Town Center (ORTC); on the east by Village 11 and the Bus Rapid Transit (BRT) dedicated transit lane (along the west side of Eastlake Parkway); on the south by the future Stylus Park (P -1); and a future residential Project (SPA Lot 11). On the west, the project is bordered by the future Millenia Gateway Mixed Use Commercial District (SPA Lot 3), and the future Millenia Main Street District (SPA Lot 5). The site is vacant and has been mass - graded by the Master Developer, McMillin Communities. General Plan, SPA Plan Land Use Designations and Existing land uses General Plan PC District Land Existing Land Use Use Designation Site EUC PC Vacant North Freeway FC -1 Commercial/ Commercial Otay Ranch Town Center South EUC PC Vacant East Mixed -Use MU /RM -1; RM -2 Commercial, Residential Residential/Village 11 West EUC PC Vacant PROJECT DESCRIPTION The proposal includes twelve three -story residential buildings with individual tuck -under garages, and nine types of building elevations (Attachment 5, Site Plan, page SP -5). The rental homes will be offered in one, two, and three bedroom models with seven different floor plans ranging in size from 715 square feet to 1,373 square feet. The project proposes 149 one- bedroom units, 106 two - bedroom units, and 18 three- bedroom units. The development proposes to have a 7,000 square feet leasing office /resident clubhouse that includes a fitness center, a business center and is adjacent to an internal main plaza and recreation area of approximately 36,300 square feet. Among the amenities are a pool area, spa with a raised deck, cabanas, shade structures, a fire place, seating areas, BBQ areas, and play elements for children (Attachment 5, pages A -3.9 and L -3). Rev 2/24/14 DRC -13 -21 Item 2 March 12, 2014 Page No. 3 The project also proposes to have 2,000 square feet of retail space at the ground level of the residential building located at the corner of Orion Avenue and private Street A (Attachment 5, pages SP -4 and L -2). This building is oriented towards the future Stylus Park, and the sidewalk serving the retail space will be approximately eight feet wide with enhanced concrete paving and street trees. A total of 505 residential parking spaces are proposed which include garages, carports, and uncovered parking. Vehicular access to the public streets is at the southwest corner of the site, via the private Street A connecting to Orion Avenue and Stylus Street (Attachment 5, pages SP -5 and L -8). The project is internally connected by a series of enhanced paving walkways, plazas, and gathering spaces. This internal pedestrian system also connects the project to the pedestrian corridors in Millenia taking the residents to public places and encouraging pedestrian circulation (Attachment 5, page SP -6). The planting design consists of drought tolerant plants, minimal turf areas, and plant material that accents and frames the architecture while enhancing the pedestrian scale of the project. Drip irrigation is being proposed to ensure the project is sustainable and meets current water efficient guidelines (Attachment 5, pages L -1 and L -2). The project is also proposing hydromodification and water quality management in accordance with City and regional requirements through multiple bioretention swales and modular wetland units incorporated in the design (Attachment 5, page C -1). PROJECT ANALYSIS The following Project Data Table shows the development regulations along with the applicant's proposal to meet said requirements: Assessor's Parcel Number: 643 - 060 -25 Current Zoning: Planned Community General Plan Designation: EUC Lot Area: 9.27 acres PARKING REQUIRED: PARKING PROPOSED: Residential Residential 1.85 spaces per unit x 273 units = 505.05 170 one -car garages 107 carport spaces 228 uncovered spaces Total Residential: 505 parking spaces Commercial Commercial 3.76 spaces per 1,000 s.f. = 7.52 spaces 8 spaces Total: 512.57 parking spaces Total Spaces provided: 513 parking spaces Rev 2/24/14 DRC -13 -21 Item 2 March 12, 2014 Page No. 4 OPEN SPACE REQUIRED OPEN SPACE PROPOSED 200 s.f per unit x 273 = 54,600 s.f. Private Open Space: 10,014 s.f. Common Open Space: 51,054 s.f. Total Open Space required: 54,600 s.L Total Open Space provided: 61,058 s.L SETBACKS/HEIGHT REQUIRED: SETBACKS/HEIGHT PROPOSED: Building Setback: 0 -10 feet Setbacks provided are 10 feet average (with minor deviations consistent with SPA allowances, see Page 7 of this report) Building Height: Residential Building Height: MH3-- minimum 3 stories 3 stories, approximately 36 feet Iconic tower features approximately 50 feet * Note: A total of 18,805 square feet of private open space (balconies) will be provided; however, only 10,014 square feet qualms as private open space square footage. Balconies located along Birch Road and Eastlake Parkway within the 65 decibel setback line, and balconies with square footages less than 60 square feet are not included in the qualifying private open space total. Compliance with the EUC Form Based Code, Residential Neighborhood Districts The EUC Form Based Code identifies six dominant land use categories of which one is entitled Residential Neighborhood Districts; this project lies within this category. Chapter 02.06.000 discusses this District's category and includes a range of urban form guidelines (Attachment 3). Outlined below is a discussion as to how the proposed project conforms to the applicable guidelines. Site Planning Sections 02.06.003 and 02.06.004 (Attachment 3, page II -40) describe overall and site planning principles that ensure projects within the Residential Neighborhood Districts utilize design strategies that will: • Place "eyes on the street," especially entrances and windows that face /orient to the street and public spaces, • Provide functional outdoor space in conjunction with residential developments, including private and /or communal spaces that augment neighborhood parks, • Organize internal pedestrian circulation for convenient access to the overall EUC pedestrian system, • Place parking structures and lots internally, whenever possible, The project meets these guidelines by proposing residential buildings that are predominantly Rev 2/24/14 DRC -13 -21 Item 2 March 12, 2014 Page No. 5 oriented to Orion Avenue, Birch Road, Eastlake Parkway, and Stylus Street with a minimal setback from the property line to create a more urban atmosphere. Parking areas are then located behind, and under the buildings allowing the project to provide the required parking and to maintain the pedestrian orientation and urban character objectives within the SPA plan. The site plan orientation enables the units along the street to take direct pedestrian access from the public sidewalk to individual ground floor units, as well as, common entries into each building. Residents will be able to easily access the 12' -15' wide pedestrian corridor surrounding the site, linking them to various activities and destinations throughout Millenia and beyond. The internal pedestrian circulation offers key pedestrian access points identified at all four sides of the development. These ingress /egress points occur between perimeter buildings and lead you through landscaped and outdoor corridors into the development. From this point, there are a series of enhanced paving crossings and landscaped open space areas which define a path of travel to residential buildings, the central pool /amenity area, and the smaller open space areas within the development. The development meets the requirement to provide functional outdoor spaces by proposing to have a 7,000 square feet leasing office /clubhouse that includes a fitness center and a business center, and is adjacent to an internal main plaza and recreation area of approximately 36,300 square feet to be located at the center of the site. This communal space proposes to have a pool area, a spa with a raised deck, cabanas, shade structures, a fire place, seating areas, BBQ areas, and play elements for children. The main entrance to the clubhouse /leasing office is directly connected to the adjacent Stylus Park by a series of paving patterns and colored concrete plaza leading the visitors to an inviting entry delineated with palm trees, water fountains, seat walls, and planters (Attachment 5, L -3). The buildings facing Stylus Park were not able to be sited directly adjacent to the park due to the necessity of providing private Street "A" which creates a physical separation between the park and the project; however, this separation will be softened by street trees and low growing planting lining its edge. In addition, as stated above, the proposed retail, clubhouse, and leasing areas have been oriented to interface with the park and will be connected by enhanced paving. Architectural Guidelines Section 02.06.005 (Attachment 3, page II -40) outlines a series of Architectural guidelines to ensure projects within the Neighborhood Districts provide: Vertical and architectural flexibility instead of repetitious design themes, Use common gathering places rather than private useable open spaces, and Design buildings to have an "Urban Character" even in 2 -3 story formats. The dominant architecture style is contemporary with an undertone of Art Moderne. The buildings' facades exhibit an urban character through the use of cultured stone, stucco foam - trims, metal railings, scoring, glazing, and cool tones combined with rich earth -tone stucco color schemes (Attachment 5, page A -7.1). While some components of the architectural detailing vary Rev 2/24/14 DRC -13 -21 Item 2 March 12, 2014 Page No. 6 from one building to the next to establish variety, there are common threads running through the facade of the buildings to assist in establishing order. The project incorporates design features which complement a pedestrian scale, such as, overhangs, windows, stone facades, balconies, low walls and planters, pedestrian seating, and planting buffers (Attachment 5, Conceptual Elevations). Staff has worked with the applicant to increase the amount of variation in forms and mass, both vertically and horizontally. A wide variety of horizontal and vertical plane offsets have been provided to break up the massing of the buildings, such as, color blocking, window size variations, and a combination of recessed planes and geometric forms creating dynamic facades. The "urban character" is obtained though this variation in architectural forms and plane offsets, as well as, iconic tower elements provided at key intersections within the project. Exhibit II -27 of the Form Based Code (Attachment 3, page II -42) requires the project to incorporate the use of "Iconic Architecture" at three key intersections within the Project Site. The project proposes three iconic tower features /elements: The first at the corner of Birch Road and Orion Avenue, the second is the corner of Birch Road and Eastlake Parkway, and the third at the corner of private Street A and Orion Avenue. The tower elements are approximately 50 feet high and contain unique and distinctive features which blend with the overall architectural design, as well as provide a visual identification of the proposed development within the EUC. The towers will be further enhanced through lighting elements to define the corners, crown, cap, and medallion at the top of the towers (Attachment 5, Conceptual Perspectives, pages A -6.1 through A -6.3). Landscape Guidelines Section 02.06.006 outlines the Landscape guidelines ensuring that projects create intimate gathering places for resident social interaction (Attachment 3, page II -41). In addition to the Recreation area previously mentioned, the project proposes two gathering spaces located mid -block of Birch Road and Eastlake Parkway (Attachment 5, page L -4). The pedestrian gateway connecting to Birch Road is a palm promenade of approximately 7,500 square feet with an integral color concrete paving plaza, a bocce ball court, seating areas, BBQ areas, planting areas and catenary bistro lights illuminating the palm trees and the plaza. The second gateway connecting to Eastlake Parkway is approximately 1,700 square feet and proposes to have a concrete walkway, seating areas, planting areas, and a combination of evergreen and deciduous trees providing a place for social interaction. Overall, the project proposes several intimate gathering spaces for social interaction throughout the site which are framed by low growing plantings and trees providing shade, color, and sound. Global Design Provisions In addition to the architectural design guidelines discussed above which are specific to residential neighborhood districts, Chapter 3 of the EUC Form Based Code provides guidelines Rev 2/24/14 DRC -13 -21 Item 2 March 12, 2014 Page No. 7 which are applicable to many districts and include the architectural design principles to ensure that projects recognize that all sides of the building facade that are exposed to the public require design consideration to enhance the pedestrian experience (Section 03.10.000, Architectural Design Principles). The applicant has revised the Project to provide 360 degree design consideration on all the buildings facades. The floor plans do not lend themselves to allow for as much building articulation as the "public facing" elevations; nonetheless, the applicant has provided additional enhancements to the rear elevations through use of color variation and variation in fenestration, to enhance these elevations which will be visible by residents of the project. Setbacks Exhibit III -52 of the SPA Plan (Attachment 3, page III -73) indicates that the building setbacks from all streets are 0 -10 feet, as measured from the street right -of -way or property line. The majority of the perimeter buildings are located at or less than the 10 foot setback; however, in isolated locations, the 10 ft. setback is exceeded due to certain building recessions and/or curving roadways. These deviations are appropriate because they allow for a consistent building edge around the perimeter of the development. Said deviations are allowed per section 03.11.003 of the EUC Form Based Code (Attachment 3, page III -75). CONCLUSION The proposed 273 rental apartments are a permitted land use in the Otay Ranch General Development Plan (GDP) and are permitted in the Neighborhood District 2 of the Millenia SPA Plan. The proposal complies with the policies, guidelines and design standards for the Millenia SPA Plan. Therefore, staff recommends the Planning Commission approve Design Review Permit, DRC- 13 -21, 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. Staff is not independently aware, nor has staff been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. Attachments 1. Locator Map 2. Planning Commission Resolution DRC -13 -21 3. EUC Form Based Code, Residential Neighborhood Districts 4. Disclosure Statement 5. Project Plans Rev 2/24/14 Ir I �r •►r I - � .ter err rq;� r♦rIr ♦; �. iii i►i i �►► ���11 i►.r. itir ►♦ ♦i Ir Ir I � ♦ ��aaa • 1 it j,�♦ � 1 1 1 1 1 1 1 0� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 / PROJECT LOCATION .o a CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT APPLICANT: Monica Cordero PROJECT DESCRIPTION: DESIGN REVIEW PROJECT ADDRESS: Corner of Birch Rd &Eastlake Pw. Project Summary: Fairfield LuxuryApts at Millenia, SWC of Birch Rd., & Eastlake Pw., proposal to develop a 9.27 ac site with 273 luxury apartments, & 2,000 sq ft. of retail space. SCALE: FILE NUMBER: NORTH No Scale DRC -13 -21 Related cases: None L: \Gabe Files\Arcmap Locator Template \Locators\DRC1321.ai.8.23.13 ATTACHMENT 2 RESOLUTION NO. DRC -13 -21 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC -13 -21 TO CONSTRUCT 273 LUXURY APARTMENTS FOR RENT, 29000 SQ. FT. OF RETAIL SPACE, AN ON -SITE LEASING OFFICE, AND 513 TOTAL PARKING SPACES ON 9.27 ACRES WITHIN THE MILLENIA MASTER PLANNED COMMUNITY. APPLICANT: FAIRFIELD REALTY, LLC. WHEREAS, on August 15, 2013, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Fairfield Realty, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to construct 273 luxury apartments for rent, 2,000 sq. ft. of retail space, an on -site leasing office, and 513 total parking spaces on 9.27 acres within the Millenia Master Planned Community (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located in Millenia/Eastern Urban Center (EUC) Sectional Planning Area (SPA) Lot 4 Neighborhood District 2 (Project Site); and WHEREAS, the Director of Development Services has reviewed the 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 Environmental Impact Report, EIR -07 -01 and subsequent Addendum, IS -13 -001, and no further environmental review or documentation 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 March 12, 2014 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 by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: 1. That the proposed Project is consistent with the development regulations of the Eastern Urban Center Sectional Planning Area (EUC SPA) Plan and Planned Community (PC) District Regulations. Page 2 March 12, 2014 The proposed multi - family use is permitted and meets all of the development regulations as stipulated in the EUC PC District Regulations as conditioned. 2. The proposed Project is consistent with the design and development standards of the EUC SPA Design Plan. The Project is in compliance with the Neighborhood District 2 Design Guidelines of the EUC SPA Design Plan, and is consistent with the SPA density requirements. BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings above, does hereby approve the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Director of Development Services 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, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1742. 3. The colors and materials specified on the building plans shall be consistent with the colors and materials shown on the site plan and materials board approved by the Planning Commission on March 12, 2014. 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved 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 (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. 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 prior to the issuance of any building permit. Page 3 March 12, 2014 7. All applicable requirements and mitigation measures of the adopted Final Second Tier Environmental Impact Report, EIR -07 -01 and subsequent Addendum, IS -13 -001 shall be met. Land Development Division, Engineering Section Before the issuance of the first building permit for the apartment project (Lot 4 of Map No. 15942), the Applicant shall demonstrate that the Open Space Preserve conveyance obligation(s) specific to this Project have been met. 9. The Applicant will be required to submit an updated cost estimate for the street improvements along Birch Road, Eastlake Parkway, Stylus Street, and Orion Avenue, that will be used to determine the amount of the improvement bonds required before the issuance of the construction permit. Also, a construction change to the approved improvement plans (DWG NO. 12015, 12017, and 12019) or superseding plans will be required to reflect the construction of additional driveways and pedestrian ramps to serve the Project. 10. Prior to issuance of the first building permit, the Applicant shall provide a bond for $55,000.00 to secure the traffic signal modification at Heritage Road & Olympic Parkway (Off -site Traffic Improvements per Tentative Map Conditions). 11. Applicant must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private Best Management Practices (BMPs) located within the Project prior to issuance of any Grading or Building Permits, whichever occurs first. Fire Department The following Fire Department Conditions of Approval are general requirements that the Applicant shall address at the time of Building Permit submittal to the satisfaction of the Fire Marshall or designee. 12. Fire apparatus access roads shall be marked as Fire Lanes in accordance with Chula Vista Fire Department (CVFD) standards. 13. Fire apparatus access road obstruction: Automatic gates shall be provided with both an Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to operate the gate upon the loss of power. 14. Illuminated Directories shall be provided at all entrances to multi - family complexes in accordance with CVFD guidelines. 15. Buildings shall be provided with Knox Box/Vault appliances at the following locations: a. Provide a Knox Vault at all Fire Control Rooms. b. Provide a Knox Box at common entrances to apartments that are obstructed by locking gates /doors. Provide a Knox Box at main entrance to retail commercial building. Page 4 March 12, 2014 16. Addresses shall be provided at the building(s) in accordance with the following criteria: a. 0 — 50ft from the building to the face of the curb= 6- inches in height with a f- inch stroke. b. 51 —150ft 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. 17. Grades for any access roadway shall be restricted to the following: a. Asphalt < 11 % b. Concrete =/> 11 % 18. This Project is to be protected throughout by an approved automatic fire sprinkler system. (NFPA 13R System). 19. A Fire Control Room shall be provided for all fire sprinkler system risers in accordance with CVFD standards. 20. This Project is to be protected throughout by an approved fire alarm system (fire flow monitoring) Building Division The Applicant shall address the following Building Division Conditions of Approval at the time of Building Permit submittal to the satisfaction of the Building Official or designee. 21. This Project shall comply with 2010 California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code and 2008 California Energy Code, as adopted and amended by the State of California and the City of Chula Vista. As well as the Green Building ordinance (CVMC 15.12) and all other locally adopted city and state requirements. 22. This Project must be designed by an Architect or Engineer licensed by the State of California. [California Business and Professional Code 5536.1, 6735]. 23. Provide a Building Code Data Legend on the title (first) sheet of the plans. Include the following code information for each building or space proposed: a. Occupancy Group classification, CBC Ch. 3. b. Type of Construction, CBC Ch. 6. c. Type of Fire Sprinklers. (Full 13, 13R, 13D, not sprink) CBC Ch 9. d. Proposed and allowable Floor area, CBC Table 503. e. Proposed and allowable Number of Stories. f. Proposed and allowable Building Height CBC 502.1. g. Provide calculation for Area and height increases. h. Mixed use Area Calculation for multiple occupancies, occupancy separation. Page 5 March 12, 2014 24. Site development, site lighting, perimeter masonry walls, retaining walls, trash enclosures, site tower, patios, monument and other signage and grading may require a separate permit. 25. On site plan, the Applicant shall show dimension distances from buildings to all property lines, street centerlines, and adjacent existing or proposed structures on the site. Two or more buildings on the same lot shall be regulated as separate building or shall be considered as one building. [503.1.2] 26. Exterior walls shall have a fire- resistance rating per CBC T -601 & T -602. Exterior wall openings are limited and shall have fire protection rating per CBC Ch. 7. Otay Water District 27. The Applicant will be required to comply with the approved Sub -Area Master Plan for Millenia and changes as approved by the City. 28. The Applicant is required to submit a calculation of water demands prior to the commencement of the Project. If service laterals do not exist for the Project, the Applicant must pay to have the District install them. 29. Each service must have an approved R/P backflow device purchased and installed by the Applicant. 30. The fire service line will not be allowed to be connected to any buildings; the line will be intended for fire services purposes only. Failure to comply with this requirement will result in violation of the District's Code of Ordinances and will be subject to penalties determined by the District. 31. Prior to the purchase of any meter(s), irrigation plans must be: (1) designed to District Water Agency Standards for reclaimed standards /specifications and (2) submitted to the District and the County Department of Environmental Health (DEH) for plan check and approval. 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. Page 6 March 12, 2014 3. Approval of the Design Review Permit shall not waive compliance with any 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. 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. 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 timely follow 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. IV. 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 the same. Upon execution, this document shall be signed and returned to the City's Development Services Department. Signature of Property Owner Signature of Applicant Date Date Page 7 March 12, 2014 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 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. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of March 2014, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Pat Laughlin, Secretary Presented by: Kelly Broughton Director of Development Services Lisa Moctezuma, Chair Approved as to form by: Glen R. Googins City Attorney ATTACHMENT 3 DISTRICT REGULATIONS AND DESIGN GUIDELINES 02.06.000 Residential Neighborhood Districts 02.06.001 Character Description The EUC accommodates up to 2,983 dwelling units in a variety of urban residential products. While the greatest residential densities will surround the Main Street, the EUC also incorporates a series of residential neighborhoods organized around neighborhood parks. Residents within these neighborhoods will have access to a full array of services, such as shopping, neighborhood shops and restaurants, and active recreation areas within walking distance. 02.06.002 Organizing Principles and Urban Design Vision a. Variety of housing products and forms. b. Street oriented urban format housing with shared public spaces. C. Located within strolling distance to main street hub and urban parks. d. A safe and clean urban lifestyle choice. e. A leisurely walk to work, shopping, transit, restaurants, and evening entertainment. f. Lifestyle based on the street oriented activities instead of backyard patios. g. A place to live distinct yet intertwined lives. h. A place for social interaction instead of home /yard maintenance. i. A high speed connected lifestyle. (3/5/13) 11 -36 EUC PC DISTRICT REGULATIONS DISTRICT REGULATIONS AND DESIGN GUIDELINES Residential Neighborhoods Exhibit II -24 (3/5/13) II -37 EUC PC DISTRICT REGULATIONS DISTRICT REGULATIONS AND DESIGN GUIDELINES i • NOtC This tal�ihtFt is ra jutlatf� cWoeptiurr a�tha dtiause bond oul of the h?LIG. It m7rm tits only one of the n6cus ark..c. a rs.a.t.i.m that would be t�smm w ith the bmcnd cd vizm fu .e EUC ..... •....a ............... r................. M ...............u......... r� h. RoWnlisl building t m >t= 2 Varied tmssin8 fad ioe scale t = 3. Slangs provide prbliC >I pmn spla } A. Wi& sidowdb for r ntid arms J. TM lawn sad txnopy and shade i b. Bcacbm lights, plarfer d urmu "c 7. Ikrmxdvc paving i s ., ° E. UAMn pWk eerres trtlgZt r. Fxb h DISTRICT • DISTRICT REGULATIONS AND DESIGN GUIDELINES ............................... • Neighborhood District Character Illustration Neighborhood District: Transit Stop on the corner of Street G and C looking North *Note: This exhibit is an artist's conception of the ultimate build out of the EUC. It represents only one of the various alternatives that would be consistent with the intended vision for the EUC. Legend: 1. Wide sidewalk accommodates transit stop 2. Unique paving, planters, lighting, covered seating, and other amenities identify transit stop 3. Residential buildings front street 4. Varied,massing and fenestration break down massing 5. Residential stoops serve as transition between public and private space 6. Street.trees enhance public realm and increase pedestrian comfort _ ' r rr I1M o �- o 0 Exhibit II -26 (4/24/09) II -39 EUC PC DISTRICT REGULATIONS DISTRICT REGULATIONS AND DESIGN GUIDELINES 02.06.003 Overall a. Foster a sense of neighborhood identity and community, featuring a diversity of housing types organized around neighborhood parks. b. Utilize design strategies that place "eyes on the street ", especially entrances and windows that face / orient to the street and public spaces. C. Establish a transition between public and private space, such as a minor grade separation between the sidewalk and ground floor residential use, as well as entry porches and stoops. d. Communicate the residential function of a building with an emphasis on domestic scale and details, including three- dimensional design features such as chimneys, porches, balconies and bays. e. 02.06.004 a. b. C. d. Provide functional outdoor space in conjunction with residential developments, including private and/or communal spaces that augment neighborhood parks. Site Planning Locate building entries to front on urban parks and primary pedestrian streets where possible. Organize internal pedestrian circulation for convenient access to the overall EUC pedestrian system. Place parking structures and lots internally, whenever possible. Orient buildings for "eyes on the street" and public spaces when possible. e. The alignment of jogging path in District 8 shall be determined during the Design Review and the comprehensive block planning process. It may weave into the development area rather than a continuous frontage along SR -125. 02.06.005 Architecture a. b. C. d. Vertical and architectural flexibility instead of repetitious design themes. Use common gathering places rather than private useable open space. Design buildings to have an "Urban Character" even in 2 -3 story formats. Move buildings close to streets with front doors or common entry portals facing the street. (4/24/09) II -40 EUC PC DISTRICT REGULATIONS DISTRICT REGULATIONS AND DESIGN GUIDELINES 02.06.006 Landscape a. Promote dominant landscaping for streetscape and design in an urban format character. b. Avoid suburban landscape features such as, greenbelts and common landscaped open space with minimal functionality. Create intimate gathering places for resident social interaction. (4/24/09) 11 -41 EUC PC DISTRICT REGULATIONS DISTRICT REGULATIONS AND DESIGN GUIDELINES • Northeastern Neighborhood District Urban Design Diagram (Design Framework Plan) Legend Iconic A -ch tecture -- - - - District Boundary - Important `, iew•s • • -I -• Village Pathway B�r�h ...... 4 ena AieralOpen Space1'on-d t e CjConceptual Building Footprint �...� Urban Park �'J�IIf11j 1� f 3 ru1,• I,y 00 v =t a -1 . ,. •�..ftfte, 4 1 �tffMlrfl ttt.t affrii I�'jitflTll 1 .. ,;.�_. �,m... �, .. a��llCi.��titgHf�tirH rdtnrn nrranirf r�rreut• . pH - � w u- n .......... n ......................................... ............................... Number Legend: 1. Establish urban character with landmark feature at entry 2. Line park with a minimum of two streets or drives. Front doors facing park where possible. Building entries front park. 3. Use portals on Birch Road and Eastlake Pkwy. to access internally located entries from Village Pathway and sidewalks 4. Create urban character along edge, but front doors are not i required to front on Transit Guideway. .................................................... ............................... Exhibit II -27 (4/24/09) 11 -42 EUC PC DISTRICT REGULATIONS DISTRICT REGULATIONS AND DESIGN GUIDELINES District 2 - Table of Requirements Dominant Land Use Residential Dwelling Units Permitted Low Target High 150 300 500 Non - Residential Intensity Range (in 009s Sq. Ft.) Low Target High 2 120 200 0' -10' Building Setback Stories or height in feet Minimum Average Building Height 1 3 25' 40' MH1 MH3 1 -7 3-7 Building Height Range (stories) Exhibit II -28a (3/5/13) fI -44 EUC PC DISTRICT REGULATIONS N tNll GNY� m gypp y C O Access Management Category o o as O1. �X z J � RI /R0 Exhibit II -28a (3/5/13) fI -44 EUC PC DISTRICT REGULATIONS District DISTRICT REGULATIONS AND DESIGN GUIDELINES 2 Requirements �~ "'_: -`borhood District „E„ E Birch Rd. Lot 4 MH3 Minimum 3 -story building height LL ,.F„ Street c� Note: Refer to entire SPA and FBC for complete requirements and how to apply those specified on this exhibit. Exhibit II -28b (3/5/13) 11 -45 EUC PC DISTRICT REGULATIONS �I •. Eastern MY CHULLA VISTA GLOBAL REGULATIONS AND DESIGN PROVISIONS Regulating Plan Building Setbacks 0' setback - 0' -5' setback �i 0` -10' setback 0' -15'+ setback A !Vote: Setbacks shall be measured from the street right -of -way or property line. Refer to text for additional description of setback standards. Urban Design: RTKL Urban Center Land Planning rn OTAY RANCH I",S1 L J Exhibit III -52 (4/24/09) III -73 EUC PC DisTRICT REGULATIONS STRUCTURE *15 +SETBACK PEDESTRIAN CORRIDOR GLOBAL REGULATIONS AND DESIGN PROVISIONS I 15� I L---------- .- .- ._ -..J LEGEND curb street property line building facade setback area 15'+ Setbacks Exhibit III -54 b. ,Exceptions: The Building Setbacks Map, Exhibit III -52, conceptually presents average building setbacks at full build -out. Exceptions or deviations from this diagram may be accommodated through the design review process. The following conditions will be considered for an exception: i. Building recessions or projections to accommodate iconic architectural elements consistent with locations specified in the urban design diagrams. ii. Building forecourts, recessed building and shop entries, or recessions to accommodate outdoor dining (especially at locations identified in the urban design diagrams) provided that these recessions do not extend across a majority of the building facade, and no more than 30% of the building facade where the urban design diagram specifies an active ground;floor within the Main Street District. iii. Other minor facade modulations that create building interest providing the projection or recession is not in excess of three (3') feet. This is not intended to limit canopies, awnings, balconies, or similar features. iv. Minor deviations to accommodate a straight wall or a curving roadway, provided there is a consistent building rdge that approximates the setback line to the extent feasible, while allowing for other exceptions as noted herein. V. Deviations to highlight or differentiate a civic or landmark / iconic building, provided that this does not amount to more than one exception per block face, typically associated with a public plaza. vi. Non - typical setbacks conditions described under Building Placement Typologies, including: (1) building setbacks to accommodate a public plaza; (2) commercial setbacks along arterials and perimeter four -lane roads that require auto - oriented visibility and access, allowing parking lots with a landscape buffer fronting the street' (3) breaks in the building wall to accommodate occasional mid -block paseos (4/24/09) III -75 EUC PC DISTRICT REGULATIONS ATTACHMENT 4 D C v e I o p m e n t S e Planning Division I Development Processing (ATY OF CHUTAVlq /.k APPLICATION APPENDIX B 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 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 application, pro ect or contract e.g., owner, applicant, contractor, subcontractor, material supplier). 5L F t%4 IMLi AiLL u 3 RA�GJ A EFIC RCALI- f L4Z_ , (-LC- 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. 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. 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 If yes, briefly describe the nature of the financial interest the official ** may have in this contract. M > 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691.5101 ..TIM' 01Y Or CHUL4 VIS-IA D v e I o p m e n t S .e r. v i e s D e p a r t m e n t Planning Division I Development Processing Disclosure Statement - Page 2 APPLICATION APPENDIX B 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) monthsX 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 of ything 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? 8. 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 NoIV- If yes, which official ** and the nature of the item provided? Date e,-Al2( 13 Signature of Contractor /Applicant 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. B Rev 03.10 276 Fourth Avenue Chula Vista California I 91910 (619) 691.5101 aeza