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HomeMy WebLinkAboutDRC 2013-21RESOLUTION 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, 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. 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 Public Services Building C, H.R. Training Rooms B -112 and B -113, 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. Resolution DRC 13 -21 March 12, 2014 Page -2 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 Applicant shall designate eight (8) parking stalls to serve the retail /commercial users during business hours. Said parking stalls shall be indicated on the site plan included with the building plan submittal. The parking shall be posted with sign(s) as retail parking only and include time limited restrictions based on the type of usage of the retail space. The signage and time limit(s) shall be approved by the Director of Development Services or designee. 2. Prior to occupancy, said parking stalls shall be installed and the sign(s) posted in accordance with time limit(s) approved by the Director of Development Services or designee. 3. The eight designated parking spaces for retail /commercial shall be available for said uses on an ongoing basis. Any requests to change the signage, including time limitation(s), or request for alternatives to signage, shall be submitted for review and approval by the Director of Development Services or designee. 4. 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. 5. 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. 6. 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. Resolution DRC 13 -21 March 12, 2014 Page -3 7. 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. 8. 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. 9. 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. 10. 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 11. 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. 12. 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. 13. 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). 14. 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. Resolution DRC 13 -21 March 12, 2014 Page -4 15. Fire apparatus access roads shall be marked as Fire Lanes in accordance with Chula Vista Fire Department (CVFD) standards. 16. 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. 17. Illuminated Directories shall be provided at all entrances to multi - family complexes in accordance with CVFD guidelines. 18. 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. c. Provide a Knox Box at main entrance to retail commercial building. 19. 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 I/2 -inch stroke. c. 151ft from the building to the face of the curb =16- inches in height with a 2 -inch stroke. 20. Grades for any access roadway shall be restricted to the following: a. Asphalt < 11 % b. Concrete =/> 11 % 21. This Project is to be protected throughout by an approved automatic fire sprinkler system. (NFPA 13R System). 22. A Fire Control Room shall be provided for all fire sprinkler system risers in accordance with CVFD standards. 23. 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. Resolution DRC 13 -21 March 12, 2014 Page -5 24. 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. 25. This Project must be designed by an Architect or Engineer licensed by the State of California. [California Business and Professional Code 5536.1, 6735]. 26. 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. 27. 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. 28. 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] 29. 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 30. The Applicant will be required to comply with the approved Sub -Area Master Plan for Millenia and changes as approved by the City. 31. 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. 32. Each service must have an approved R/P backflow device purchased and installed by the Applicant. Resolution DRC 13 -21 March 12, 2014 Page -6 33. 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. 34. 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: 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 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. 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. 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 Resolution DRC 13 -21 March 12, 2014 Page -7 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 Departruout. V. CONSEQUENCE OF FAILURE OF CONDITIONS Date Qpo ( Date If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. 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. Resolution DRC 13 -21 March 12, 2014 Page -8 Preseny: C Kelly n Director of Development Services 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 Anaya, Calvo, Livag, Nava, Vinson, Chair Moctezuma n/a Fragomeno n/a L a Moct uma, ChaIr A . EST: Pat Laughlin, Secretary