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HomeMy WebLinkAboutItem 3 - Attch 2 - ResolutionRESOLUTION NO. DRIS -0024 RESOLUTION OF THE CITY OF CHULA VIS'T'A PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR15 -0024 TO CONSTRUCT A 78 -UNIT MULTI - FAMILY DUPLEX DEVELOPMENT WITH TWO (2) CAR GARAGES, RECREATION AREAS, AND ASSOCIATED OPEN SPACE ON 4.7 ACRES WITHIN THE OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R- 1711(b). APPLICANT: HERITAGE BUILDING AND DEVELOPMENT, INC. WHEREAS, on September 24, 2015, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Heritage Building and Development, Inc. ( "Applicant "); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 78 -unit multi- family duplex development with two (2) car garages, recreation areas, and associated open space on 4.7 acres ( "Project "); and WHEREAS, the area of land that is the subject of this Resolution is an existing parcel located in the Otay Ranch Village Two, Neighborhood R- 1713(b) ( "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 FSEIR 12 -01 for the Otay Ranch Villages Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan. No further environmental review or documentation is necessary; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with 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 -0024 May 11, 2016 Page 2 Neighborhood R- 17B(b) 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 96 units. The Applicant is proposing to build a total of 78 units. Each duplex building includes a two -car garage in addition to guest parking. The project requires 176 parking spaces, which are provided by 156 garage spaces and 10 open parking spaces for guest parking located onsite. For the balance of the 176 spaces, the applicant proposes to utilize 10 of the 55 available on- street parking spaces fronting the project for additional guest parking. The total building height is 28 -ft for two - story buildings and 37 feet for optional three -story buildings, whereas the maximum building height per the Residential Guidelines is 60 -ft. The lot area, floor area ratio, and setback requirements are subj cet to Design Review (DR). 2. The proposed project is consisten-t 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 THE FINDINGS ABOVE, approves the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Planning Division 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19, 2. Prior to, or in conjunction with the issuance`of the first building permit, applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -3060. 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 PC Resolution DRC15 -0024 May 11, 2016 Page 3 approved by 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. The applicant shall provide 0.5 parking spaces for each additional bedroom above four bedrooms per unit. Prior to issuance of building permits for any residential units containing over four bedrooms, the applicant shall provide verification that an additional 0.5 parking spaces per bedroom over four bedrooms is provided on -site. 9. Prior to the issuance of building permits for any units containing over four bedrooms, the applicant shall provide a revised site plan showing the location of the additional required parking to be provided on -site, subject to the approval of the Development Services Director. The applicant shall be responsible for all staff costs associated with the review of the site plan and building plan for said units. Building Division 10. Applicant shall comply with 2013 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 11. 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. 12. Applicant shall comply with 2015 update to chapter 20.12 of the Municipal Code, the Landscape Water Conservation Ordinance. PC Resolution DRC15 -0024 May 11, 2016 Page 4 13. The Applicant shall comply with all applicable conditions of Tentative Map No. 12 -05. 14. 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 15, 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 16. 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 1 7.10. 100. The PAD fee is adjusted on an annual basis on October I 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 Park Agreement, 17. 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. 18. 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. 14. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance ofl�uilding 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 PC Resolution DRC15 -0024 May 11, 2016 Page 5 facilities are impacted. Design shall incorporate detention of storm water runoff if Post - Development flows exceed Pre - Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. c. Drainage study shall also demonstrate that no property damage will occur during the 100 -year storm event. d. Drainage study shall show any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite work will require Letters of Permission from the property owner(s). 20. 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 21. 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. 22. 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. 23. Site design shall include features to meet NPDES Municipal Permit Standards. These features shall maximize infiltration and minimize impervious land coverage while conveying storm water runoff. 24. 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. 25. 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. 26. 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. 27. Owner /Master Developer shall fund the projects fair share and /or install transit stop facilities within the Tentative Map boundary when directed by the Director of Public Works. The PC Resolution DRC15 -0024 May 11, 2016 Page 6 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. 28. 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. 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. 29. Applicant shall obtain any and all permits required for the installation of public utilities (gas, electric, water, cable, telephone). 30. 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. 31. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to public sewer. 32. 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. 33. 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. 34. 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 shapefzle, file, or personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS section using the city's digital submittal file upload website at http : / /www.chulavistaca.goN,/goto /GIS. The data upload site only accepts zip formatted files. PC Resolution DRC15 -0024 May 11, 2016 Page 7 35. 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 36. 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. Il. 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 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. r 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 19.14.600 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 PC Resolution DRC15 -0024 May 11, 2016 Page 8 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- I7B(b) Printed Name of Property Owner Signature of Applicant Printed Name of Applicant IV. 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. 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. PC Resolution DRC15 -0024 May 11, 2016 Page 9 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 1 lth day of May 2016, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo, Chair ATTEST: Patricia Laughlin, Board Secretary