HomeMy WebLinkAboutItem 2 - Attch 2 - ResolutionRESOLUTION NO. DR15 -0036
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT, DR1.5 -0036 TO AMEND A
PREVIOUSLY APPROVED DESIGN REVIEW PERMIT (DRC 12 -10), TO ADD
57 MULTI - FAMILY ATTACHED CONDOMINIUM UNITS, FOR A TOTAL OF
201 UNITS IN A MULTI- FAMILY ATTACHED CONDOMINIUM PROJECT
WITH ONE (1) AND TWO (2) CAR GARAGES, RECREATION AREA, AND
ASSOCIATED OPEN SPACE ON APPROXIMATELY 9.8 ACRES LOCATED IN
THE OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R -11. APPLICANT:
SUNRISE COMPANY
WHEREAS, on December 22, 2015, a duly verified application for a Design Review Permit was
filed with the City of Chula Vista Development Services Department by Sunrise Company
( "Applicant "); and
WHEREAS, the application requests approval of a Design Review Permit to approve an
amendment to a previously approved design review permit (DRC 12 -10), to add 57 multi - family
attached condominium units, for a total of 201 units in a multi - family attached condominium project
with one (1) and two (2) car garages, recreation area, and associated open space on approximately 9.8
acres ( "Project "); and
WHEREAS, the area of land which is the subject of this Resolution is an existing 9.8 acre
parcel located in the Otay Ranch Village Two, Neighborhood R -11 ( "Project Site "); and
WHEREAS, The Director of Development Services has reviewed the Project for compliance
with the California Environmental Quality Act (CEQA) and determined that the Project was covered by
previously adopted FSE1R 12 -01 for the Otay Ranch Villages Two, Three and a Portion of Four
Sectional Planning Area (SPA) Plan, and therefore no further environmental review or documentation is
necessary; and
WHEREAS, the Director of Development Services set the time and place for a hearing on the
Design Review Permit application, and notice of the hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property owners and
residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as advertised, namely May 11, 2016, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the
hearing was thereafter closed; and
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.
Attachment 2
PC Resolution DRC15 -0036
May 11, 2016
Page 2
Neighborhood R -I1 is designated Residential Multi - Family (RM2) 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.
The allowable density on the site is a total of 206 units. The Applicant is proposing to add 57 units to
the previously approved design review permit in a vacant area previously designated for Future
Development for a combined total of 201 units. Each building includes one - and two -car attached
garages in addition to guest parking. A total of 446 parking spaces are required. The project
proposed 471 spaces (inclusive of on- street parking). The total building height is 30 -ft for 2 -story
buildings and 33' for 3 -story buildings, whereas the maximum building height per the Residential
Guidelines is 45 -ft. The lot area, floor area ratio, and setback requirements are subject to Design
Review (DR).
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. 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.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON TI?E
FINDINGS ABOVE, approves the Design Review Permit subject to the following conditions:
1. 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, applicant shall pay all
applicable fees, including any unpaid balances 6f permit processing fees for deposit account DQ-
3020. ,
3. Prior to the approval of building permits, applicant shall submit building plans specifying colors and
materials consistent with the colors and materials shown on the site plan, elevations and materials
board approved by the Planning Commission on May 11, 2016.
4. A graffiti resistant treatment shall be specified on the building plan for all wall and building
surfaces. This shall be noted for any building, and wall plans and shall be reviewed and approved by
PC Resolution DRC15 -0036
May 11, 2016
Page 3
the Director of Development Services prior to the issuance of building permits. Additionally, the
project shall conform to Section 9.20.055 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 Director of Development Services. Such screening shall be architecturally
integrated with the building design and constructed to the satisfaction of the Director of
Development Services.
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 Director of Development Services.
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 Director of Development Services, prior to the issuance of the building permit.
8. Prior to issuance of any building permit for a residential unit located within the City of San Diego's
easement for the Otay II Pipeline, Applicant shall relocate the waterline from within Village Two to
Olympic Parkway and La Media Road.
Building Revision
9. Applicant shall comply with 2413 California Building Code (CBC), California Mechanical Code
(CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California Fire Code
(CFC), the 2008 California Energy Code (CEC), and the 2013 California Green Building Standards,
as adopted and amended by the State of California and the City of Chula Vista.
Land Development Division /Landscape Architecture Division
10. Applicant shall meet all park obligations relating to the proposed 16 multi - family condos in
accordance with the provisions of the Village 2 Parks Agreement executed 10- 31 -14.
11. Applicant shall comply with 2015 update to chapter 20.12 of the Municipal Code, the Landscape
Water Conservation Ordinance.
12. The Applicant shall comply with all applicable conditions of Tentative Map No. 12-05.
13. The Applicant shall be required to pay Engineering 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
PC Resolution DRC15 -0036
May 11, 2016
Page 4
14. 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
15. Applicant shall pay the Park Acquisition and Development (PAD) fee per dwelling unit 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. The amount of the
PAD fee shall be the amount in place at the time of Building Permit approval. The project shall
comply with all conditions related to PAD fees as stipulated in the Village 2 Parr Agreement.
16. Prior to the approval of the building permit, the owner /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 drain on site.
17. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance
with Section 12.12.130 of the Municipal Code. Also, landscaping, street furniture, or signs shall not
obstruct the visibility of driver at the street intersections or driveways.
18. The Applicant shall 1. 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 15.04.
Developer 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 & t 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 property owner(s).
PC Resolution DRC15 -0036
May 11, 2016
Page 5
19. The Applicant shall provide 2 copies of the following technical reports with the I" submittal of
grading plans:
• Drainage study
• Water Quality Technical Report (WQTR)
• Geotechnical Report
20. Applicant shall obtain encroachment permits for Temporary improvements (such as fence, asphalt
ramps, signs, etc.) located in street right of way, city easements or City owned Open Space Lots
prior to construction of such improvements.
21. 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, applicant shall provide documentation, to the satisfaction of the
City Engineer, to demonstrate such compliance.
22. Site design shall include features to meet NPDES Municipal Permit Standards. These features shall
maximize infiltration and minimize impervious land coverage while conveying sto�-in water runoff.
23. The 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 plan.
24. Owner 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.
25. Owner shall file a Final Map in accordance with Sections 66426 and 66427 of the Subdivision Map
Act should Owner propose condominium units for the project. The Owner shall enter into an
agreement prior to approval of the Final Map to secure all Public Improvements required for the
development of the Project.
26. Owner/Master Developer shall fiend the projects fair share and/or install transit stop facilities within
the Tentative Map boundary when directed by the Director of Public Works. The improvement
plans for said stops shall be prepared in accordance with the transit stop details described in the
Village Two, Three and a Portion of Four Design{ Plan and Village Two, Three and a Portion of Four
PFFP and as approved by the Directors of Development Services and Public Works.
27. Prior to the issuance of any Building Permit, Applicant shall submit Improvement Plans in
conformance with the City's Subdivision Manual and obtain a Construction Permit. 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.
PC Resolution DRC15 -0036
May 11, 2016
Page 6
iii. Installation of curb, gutter, and sidewalk per SDRSD G -3 along the project's frontage.
Sidewalk 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.
28. Applicant shall obtain any and all permits required for the installation of public utilities (gas,
electric, water, cable, telephone).
29. Applicant shall secure the construction and completion of all improvements, including offsite
improvements and those surrounding the Project, in accordance with Section 18.16.180 of the
Municipal Code.
30. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are
connected to public sewer.
31. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall
be privately maintained by the applicant, until such time as the facilities are transferred to an HOA
or other party, from each building unit to the City - maintained public facilities.
32. Applicant shall design all proposed sidewalks, walkways, pedestrian ramps, and disabled parking to
meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as
applicable.
33. Prior to Grading or Street Improvement Plan approval, the owner /applicant shall upload copies of
the Street Improvement Plan, Grading Plan, 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
1-ittp://www.chulavistaca.gov/goto/GTS. The data upload site only accepts zip formatted files.
34. Prior to Improvement Plan or Building Permit approval, whichever occurs first, Applicant shall
obtain an Encroachment Permit for any private facilities within Public right -of -way or City
easement.
Fire Department
35, The Applicant shall apply for and obtain all required building permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California edition of
Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential Code as adopted and
amended by the State of California and the City of Chula Vista.
II. The following on -going conditions shall apply to the Project Site as long as it relies on this
approval:
1. The Applicant shall develop and maintain the site in accordance with the approved plans, which
include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions
PC Resolution DRC15 -0036
May 11, 2016
Page 7
contained herein, and Title 19, until such time as this obligation is assumed by a successor in interest
or HOA, if established.
2. The Applicant shall install all landscaping and hardscape improvements in accordance with the
approved landscape plan.
3. Approval of the Design Review Permit does not waive Owner's /Applicant's obligation to comply
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. Applicant shall be responsible for complying with all
such laws and regulations.
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 19.14.600 of the Municipal Code; May 11,
2019.
III. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and agreed to
the conditions contained herein, and will implement same. Upon execution, this document shall be
signed and returned to the City's Development Services Department.
Signature of Property Owner
OR Village 2 R -11
Printed Name of Property Owner
Signature of Applicant
Printed name of Applicant
Date
Date
PC Resolution DRC15 -0036
May 11, 2016
Page 8
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.
Presented by;
Kelly Broughton
Director of Development Services
Approved as to form by:
Glen R. Googins
City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this I Ith day of May 2016, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Patricia Laughlin, Board Secretary
Yolanda Calvo, Chair