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HomeMy WebLinkAboutItem 3 - Attachment 2 - PC ResolutionATTACHMENT 2 RESOLUTION NO. DRI5 -0020 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR15 -0020 TO CONSTRUCT 309 MULTI - FAMILY UNITS WITH 602 PARKING SPACES, RETAIL AND RESTAURANT SPACE ON 9.43 ACRES WITHIN THE MILLENIA MASTER PLANNED COMMUNITY. APPLICANT: TRAMMELL CROW RESIDENTIAL, MAPLE MULTI - FAMILY LAND CA, L.P. WHEREAS, on August 3, 2015, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Trammell Crow Residential (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to construct 309 multi - family units, with 6,833 square feet of retail space and restaurant space, a 10,139 square -feet leasing office /club house, 602 parking spaces, recreation areas, and associated open space within the Gateway Mixed Use Commercial District and the Main Street District (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) in the Gateway Mixed Use Commercial District (District 1, portion of Lot 3) and the Main Street District (District 6, Lots 5 and 6) (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 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 February 10, 2016 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 February 10, 2016 The proposed multi - family use is permitted and meets all of the development regulations as stipulated -in the EUC PC District Regulations as conditioned. Per section 03.15.010(8) of these Regulations, a parking study was prepared by LLG to modify the parking requirements of the Project, based upon a more refined projection of parking demand. 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 Gateway Mixed Use Commercial District and the Main Street District 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: 1. 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 I. 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 -3042. 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 February 10, 2016. 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 or as approved by the Director of Development Services. 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 Iandscaping. Page 3 February 10, 2016 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. 7. All applicable requirements and mitigation measures of the adopted Final Second Tier Environmental Impact Report, EIR -07 -01 shall be met. Land Development Division, Engineering Section Pendent lighting and any privately -owned lighting shall not be connected to City- owned/maintained street lights or City-owned/maintained lighting circuits. 9. On -site drainage and sewer systems shall be private. Connection from the private development to the public sewer main shall be done perpendicularly, avoiding tree planters and other utilities. 10. A sewer study and a drainage report will be required with the I" submittal of private site plans to determine the size of the private sewer and drainage mains. 11. Trash enclosures shall be covered with a solid roof. 12. Before the issuance of building permits for the project, Developer shall construct or sufficiently secure the entire infrastructure needed to serve the site, in accordance to the PFFP, to the satisfaction of the City Engineer. Currently, the segments of Metro Avenue, Millenia Avenue, Stylus Street, and Artisan Street bordering the proposed project are not constructed. 13. Before the issuance of building permits for the project, the Applicant shall provide the City with evidence of certification by the Chula Vista Elementary School District (CVESD) that any -fee, charge, dedication, or other requirement levied by the District has been met, or that the District has determined the fee, charge or other requirements do not apply to the construction. 14. Before the issuance of the 1" building permit for the project, the Applicant shall provide evidence to the Land Development Division that all private street improvements within the City's right -of -way, for instance, the proposed pendent lighting and private sewer line crossing Metro Avenue, will be perpetually maintained by the Applicant or an HOA. 15. Before the approval of improvement plans for the Project, the Applicant shall obtain an encroachment permit for any private improvement located within the City's right -of= -way. 16. Before the approval of improvement plans for the Project, the Applicant shall provide evidence to the Land Development Division that there is an executed agreement between the Applicant and the property owner of the future Lot 3 of Millenia Phase 2 Final Map for the use and maintenance of the sewer lateral located within Lot 3 by the Alexan Project. Page 4 February 10, 2016 17. Before the issuance of a building permit, pad certification needs to be obtained. 18. The following fees will be required based on the final Building Plans submitted (fees are adjusted on October lst of every year): a. Sewer Capacity Fee b, Traffic Signal Fee c. Sewer Basin DIF d. EUC Pedestrian Bridge DIF e. Other Engineering Fees per the Master Fee Schedule 19. Additional deposits and fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: a. Grading Plans b. Improvement Plans c. Final Map 20. The Applicant shall obtain a Construction Permit to perform the following work in the City's right -of -way, prior to Engineering's release of any Building Permit: a. Sidewalks b. Pedestrian ramps c. Driveways 21. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 22. Prior to the issuance of a building permit for the project, Applicant shall provide to the City verification of service from Otay Water District. 23. Prior to the issuance of the first building permit for the project, Applicant shall obtain approval from the City of the following technical reports: a. "Prelirninafy Drainage Report—Alexan Millenia (Lots 4, 5, and 6), City of Chula Vista, CA ", prepared by Project Design Consultants, with date of August 3, 2015. b. "Memorandum — Alexan Prelitninary Water and Sewer System Requirements", . prepared by ATKINS, with date of July 29, 2015. c. "Geotechnical Report -- Alexan Otay Mesa (Millenia) Lots 4, 5 (TM), and 6 (TM) Chula Vista, California", prepared by GEOCON Geotechnical Environmental Materials, with date of July 28, 2015. Page 5 February 10, 2016 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. 24. Construction of any structure over three stories shall meet fire mitigating elements, and/or alternate methods acceptable to the Fire Marshall or designee. 25. The following CVFD details shall be added to the building permit review set and shown on the elevation view sheets: a. Premise Identification b. Knox box for Riser Room c. Knox box multi - tenant with fire control room d. Exterior strobe e. Show the fire bell on elevation view f. Show the suite numbers for commercial suites 26. Show the fire sprinkler stand pipe Iocated at the intermediate landings for applicable stairwells in accordance with the CFC 906. 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. 27. 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. 28. This Project must be designed by an Architect or Engineer licensed by the State of California. [California Business and Professional Code 5536.1, 6735]. 29. Provide a Building Code Data Legend on the tide (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 6 February 10, 2016 30. 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. 31. 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. [503.1.21 32. 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. Landscape Architecture 33. Prior to issuance of a building permit obtain approval to a "Landscape Documentation Package" that complies with the Chula Vista Landscape Water Conservation Ordinance, 2015 update, Municipal Code Chapter 20.12. 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, nor any 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. Page 7 February 10, 2016 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 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 V. CONSEQUENCE OF FAILURE OF CONDITIONS Date 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. Page 8 February 10, 2016 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 10th day of February, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Pat Laughlin, Secretary Presented by: Kelly Broughton Director of Development Services Yolanda Calvo, Chair Approved as to form by: Glen R. Googins City Attorney