HomeMy WebLinkAboutReso 2016-171 RESOLUTION NO. 2016-171
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN APPEAL FOR DESIGN
REVIE�' PERI�4IT DR15-0024 TO CONSTRUCT A 78-[JI�'[T
MULTI-FAMILY DUPLEX DEVELOPME?�TT �'�'ITH T�i'O-CAR
GARAGES. RECREATION AREAS. AND ASSOCIATED
OPEt�' SPACE ON 4.7 ACRES WITHII�' THE OTAY RANCH
VILLAGE TVdO, I�'EIGHBORHOOD R-17B(b)
I. RECITALS
�4'HEREAS, on September 24, 201�; a dulv ��erified application for a Design
RevieN� Permit ���as filed ���ith the City of Chula Vista De��elopment Services Department
b�� Heritage Buildine and De��elopment Inc. (Applicant); and
WHEREAS, the hearing ���as held at the time and place as advenised. nameh
June 22, 2016, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the
Plannina Commission and the hearina ��as thereafrer closed: and
WHEREAS, on June 22, 2016, the Planning Commission did not reach a decision
on Desien Re��ieH� Permit due to lack oFinajorit}� ��ote; and
WHEREAS, on June 27. 2016. an appeal ��-as filed b�� Bald���in R Sons; and
�1'HEREAS. staff recommends that. based upon the findings made, the Cit��
Council appro��e the appeal and grant appro�al for Design RevieN� application DRI�-
0024: and
V�'HEREAS; the Director of De��elopment Ser��ices has re��ie���ed the Project for
compliance �vith the Califomia Environmental Qualit}� Act (CEQA) and detertnined that
the Project ���as covered b�� pre��iouslv adopted FSEIR 12-01 for the Otay Ranch Villaees
Two. Three and a Portion of Four Sectional Planning Area (SPA) Plan. Therefore, no
further em�ironmental or documentation is required: and
�'HEREAS, the City Clerk set the time and place for the hearine on the appeal
request and notices of said hearing, toeether with its purposes ei��en b�� its publication in
a ne«�spaper of oeneral circulation in the cit}�, and its mailings to property o�tiroers «�ithin
�00 feet of the esterior boundaries of the project site at least ten (10) da}�s prior to the
hearins: and
WHEREAS, the duh� called and notified public hearine on the appeal �vas heazd
before the Citv Council of the Citv of Chula Vista on Juh� 26. 2016. in the Council
Chambers in Citv HaIL Chula Vista Ci��ic Center. 276 Founh A��enue. at �:00 p.m.
Resolution No. 2016-171
Page No. 2
II. DESIGN REV[EW FINDINGS/APPROVAL
NOW, THEREFORE; BE IT RESOLVED by the City Council of the Ciry of
Chula Vista that it makes the follo�ring 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.
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 209 parking spaces, which are provided by 1�6
garage spaces and 24 open parking spaces located onsite. For the balance of the 209
spaces; the applicant proposes to utilize 29 of. the 57 available on-street pazking
spaces fronting the project for additional parking, including 26 for guest parking. The
total building height is 28-ft for two-story buildings and 37 feet for oprional three-
story buildings, whereas the maximum building height per the Residential Guidelines
is 60-fr. The lot area, floor area ratio, and setback requirements are subject to Design
Review (DR).
2. The proposed project is consistent with ihe 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 CITY COUNCIL. BASED ON THE
FINDINGS ABOVE, hereby approves the Design Review Permit subject to the folloH�ing
conditions:
The following shall be accomplished to the satisfaction of the Development Ser��ices
Director, or designee, prior to issuance of building permits, unless otherwise specified:
Planning Division
l. The site shall be de��e]oped and maintained in accordance with the approved plans,
which include site plan, floor plan, landscape plan and elevation plan on file in the
Plannina Di��ision. the conditions contained herein. and 'I�iile 19.
Resolution No. 2016-171
Page No. 3
2. Prior to, or in conjunction ���ith the issuance of the first building permit, Applicant
shall pa}� all applicable fees. including an}� unpaid balances of permit processing fees
for deposit account DQ-3060.
3. Prior to the approval of building permits, the Applicant shall submit building plans
specifyine colors and materials consistent N�ith the colors and materials shoNm on the
site plan. elevations and materials boazd submitted to the Citv Council and on file in
the Plannine Department.
4. A graffiti resistant treatment shall be specified on the building plan for all ���all and
building surfaces. This shall be noted for an}� buildin�, and ti�all plans and shall be
revie�+-ed and appro��ed b}� the Director of De��elopment Services prior to the issuance
of building permits. Additionall��, the project shall conform to Section 9.20A» of
the Chula Vista Municipal Code (CVMC) reeazding 2raffiti control.
�. All roof appurtenances, includine air conditioners and other roof mounted equipment
and/or projections shall be shielded from �ie«� and the sound buffered from adjacent
propenies and streets as required b�� the Director of De��elopment Sen�ices. Such
screenine shall be azchitecturallv inte¢rated with the buildina desien and constructed
to the satisfaction of the Director of De��elopment Services. � �
6. All ground mounted utilin� appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequate]}� screened through the use of a
combination of concrete or masonr}� �+alls. beamine. and/or landscaping to the
satisfaction of the Director of Development Sen�ices.
7. All exterior liehting shall include shielding to remo�e an}� glare from adjacent
residents. Details for said liehtina shall be included in the architectural plans and
shall be re�ie��ed and approved to the satisfaction of the Director of De��elopment
Sen ices, prior to the issuance of anv buildine permit.
8. The applicant shall pro��ide 0.� parkine spaces for each additional bedroom abo��e
four bedrooms per unit. Prior to issuance of building permits for an�� residential units
containing over four bedrooms, the applicant shall pro��ide ��erification that an
additional 0.� parking spaces per bedroom o��er four bedrooms is pro��ided. A
maximum of �0% of the on-sveet pazking directl�� adjacent to the project street
frontage ma�� be utilized to accommodate the required and guest parkine for the
project.
9. The ma�imum number of 3-storv buildinss shall be 27.
Resolution No. 2016-171
Page No. 4
Building Division
10. The Applicant shall comply with 2013 California Building Code (CBC), California
Mechanical Code (CMC); California Plumbing Code (CPC), Califomia Electrical
Code (CEC); Califomia Fire Code (CFC), the 2008 Califomia Energy Code (CEC),
and the 20li California Green Building Standards, as adopted and amended by the
State of Califomia and the Ciry of Chula Vista.
Land De��elopment Division/Landscape Architecture Division
11. The Applicant shall meet all pazk 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. The Applicant shall comply w�ith the 2015 update to Chapter 20.12 of the CVMC, the
Landscape VJater Conservation Ordinance.
13. The Applicant shall comply with all applicable conditions of Tentative Map No. 12-
O5.
14. The Applicant shall be required to pay Engineering Fees based on the final approved
building plans for the project, which include, but are not limited to the following:
• Sewer Connection and Capacity Fee
• Traffic Signal Fee
• Public Facilities Development Impact Fees
• Eastern Transportation Development Impact Fees
• Otl�er 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:
• Grading Plans
• Street Improvement Plans
• Final Map
16. The Applicant shall pay the Park Acquisition and Development (PAD) fee per
dH�elling unit prior to the issuance of the first Building Pern�it 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
���ith all conditions related to PAD fees as stipulated in the Villa�re 2 Park Agreement.
Resolution No. 2016-]71
Pase I�'o. �
17. Prior to the approval of the buildins permit, the O���ner/Applicant shall submit
duplicate copies of all commercial: industrial or multi-family projects in dieitai
format, such as (DXF) graphic file, on a CD or throueh e-mail based on California
State Plane Coordinate S�=stem (I�'AD 83, Zone 6) in accordance H�ith the Ciri`s
Guidelines for Digital Submittal. DXF file shall include a utilin- plan shoN�ine an��
and all proposed seH�er or storm drain on site.
18. All drivewa}�s shall conform to the Cit}� of Chula Vista's sight distance requirements
i❑ accordance with Section 12.12.130 of the CVMC. Also, landscaping; street
furniture_ or signs shall not obstruct the ��isibilit}� of a driver at the street intersections
or drive�ti�avs.
19. The Applicant shall obtain a Land Development Permit prior to beeinnine anv
earthN�ork activities at the site and before issuance of Buildina Permits in accordance
�ith CVMC Title 1�.04. The Applicant shall submit Grading Plans in conformance
ti�ith the Cih�`s Subdivision Manual and the Citv's De��elopment Storm �l'ater Manual
requirements. includine. but not limited to the follo���ine:
• Grading Plans shall be prepared b�� a reeistered Civil Eneineer and appro��ed
b}�the City Engineer. �
• Drainage Study and Geotechnical/Soils Investieations are required with the
first submittai of Grading Plans. The Drainaee Study shall calculate the Pre-
Development and Post-Development flo��-s and sho��� ho��� doHmstream
properties and storm drain facilities are impacted. Design shall incorporate
detention of storm ��ater run-off if Post-Development flows exceed Pre-
De��elopment flows; anal}�sis shall include flo���s from 2 ��r.. ]0 ��r.. and �0 }r.
return frequenc�� storms.
• Drainase stud�� shall also demonstrate that no property damage will occur
durin2 the 100-vear storm event.
• Draina�e studv shall sho«� anv off-site flo«�s.
• All on-site drainage facilities shall be private.
• Any off-site �vork «�ill require Letters of Permission from the propem�
o�tiner(s).
20. The Applicant shall provide t���o copies of the follo�rine technical reports with the
1 st submittal of grading plans: �
• Drainaee studv
• Water Qualit�� Technical Repon (�'QTR)
• Geotechnical Report
21. Applicant shall obtain encroachment permits for temporar�� improvements (such as
fence. asphalt ramps, si�ns, etc.) located in the street right of�va}. Cit}� easements or
Cit�� owned Open Space Lots prior to construction of such impro��ements.
Resolution No. 2016-171
Page No. 6
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, the 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 run-off.
24. The site run-off shall be directed to a bioretention BMP. The bioretention BMP shall
be designed in accordance with criteria established in the County-wide Model
SUSMP and the California Stormwater Quality Association (CASQA) Storm Water
Best Management Practices Handbook, BMP # TC-32. Details of the bioretention
faciliry shall be shoti�n on the plan.
25. The 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. The O�mer shall file a Final Map in accordance ti�ith Sections 66426 and 66427 of
the Subdivision Map Act should Owner propose condominium units for the project.
The O�mer 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/Applicant 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 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 Villaee T«�o, 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, the Applicant shall submit ]mprovement
Plans in conformance with the City's Subdivision Manual and obtain a Construction
Permit. The Improvement Plan shall indude but not be limited to:
• 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 existi�g conditions.
• Additional asphalt pa��ing for the replacement of the existing curb; gutter and
side�i-alk.
• Installation of curb. gutter; and sideN�alk per SDRSD G-3 along the project's
frontage. Sidewalk shall be designed and constructed with proper transitions
to e�istine conditions.
Resolution \'o. 2016-171
Paee No. 7
• Install a concrete bus pad and a bus shelter on Santa Diana Road.
• Relocation of esistina utilities. as determined b�� the Citv Eneineer.
29. The Appiicant shall obtain any and all permits required for the installation of public
utilities (eas, electric, �vater, cable; telephone).
30. The Applicant shall secure the construction and completion of all improvements,
induding off-site improvements and those surroundine the Project. in accordance
«�ith Section 18.16.180 of the CVMC.
31. For the proposed pmate seHer facilities, manholes shall be used �rhere 6" mains or
lazger aze connected to public sewer.
32. The on-site sewer and storm drain s��stem shall be pmate. All se���er laterals and
storm drains shall be privately maintained b}� the Applicant, until such time as the
facilities are transferred to an HOA or other part��, from each building unit to the
Cit��-maintained public facilities.
33. The Applicant shall desien all proposed sidew�alks. ���alk���avs, pedestrian ramps; and
disabled parking to meet the City of Chula Vista Desien Standards. ADA Standards,
and Title 24 standards, as applicable.
34. Prior to Grading or Street Improvement Plan approval, the O�i�ner/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 usine the city's
digital submittal file upload w�ebsite at httn:/hti����.chulavistaca.eo��/aoto/GIS. The
data upload site only accepts zip formatted files.
3�. Prior to Improvement Plan or Buildine Permit approval. �vhiche��er occurs first, the
Applicant shall obtain an Encroachment Permit for any private facilities within public
riEht-of-���av or Citv easement.
Fire Department
36. The Applicant shall apph� for and obtain all required building permits. Permits shall
comply ���ith applicable codes and requirements, including but not limited to: the
current Califomia edition of Buildine Code (CBC), Fire Code (CFC), Mechanical
Code, and Residential Code as adopted and amended b�� the State of Califomia and
the Citv of Chula Vista.
II. The follo��in� on-eoing conditions shall appl� to the project site as long as it relies on
this approval�
Resolution No. 2016-171
Page No. 8
I. 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 al] landscaping and hardscape improvements in
accordance ��ith the approved ]andscape plan.
3. Approval of the Design Review Permit does not waive Owner's/Applicant's
obligation to comply ti�ith al] sections of Title ]9 of the CVMC, and all other
applicable laH�s and regulations in effect at the time of building permit issuance. The
Applicant shall be responsible for complying with all such laws and regulations.
4. The Property Oti�ner and Applicant shall and do agree to indemnify, protect, defend
and hold harmless Ciry; 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 pertnit 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
Re��iew Permit where indicated below. The Properly Owner's and ApplicanYs
compliance with this provision shall be binding on any and all of the Property
Owners 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 19.14.600 of
the CVMC; July 27, 2019.
III. GOVERNMEN'C CODE SEC7lON 66020 NO"I'ICE
Pursuant to Govemment Code Section 66020(d)(1), NOTICE 1S HEREBY GNEN
that the 90 day period to protest tl�e 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 nmst be in a manner that complies with Section
66020(a) and failure to follow timely this procedure will bar any subsequent legal
action to attack; set aside, void or annual imposition. The right to protest the fees,
dedications; reservations; or other exactions does not apply to planning, zoning,
arading, or other similar application processing fees or service fees in connection with
the project; and it does not apply to any fees, dedication, reservations, or other
eaactions which ha��e been given notice similar to this. nor does it revive challen�es to
any fees for ���hich the Statute of Limitations has previously expired.
Resolution No. 2016-171
Pase I�'o. 9
IV. E?{ECUT[ON OF RESOLUTIOI�' OF APPROVAL
The Propem� Otimer and Applicant shall execute this document si�nine on the lines
provided below, indicatina that the Propem Oti�ner and Applicant ha��e each read,
understood and agreed to the conditions contained herein, and will implement same.
Upon e�ecution, this document shall be siened and retumed to the Cih�`s
De��elopment Services Department.
/ � g '� � ' j�
Signature of Propert�� O��mer Date
Villaee 2 R-17B(b)
Steohen Haase
Printed Name of Propert}� Ow�ner
� � � �7 � � 6
Sienature of Applicant Date
Stephen Haase
Printed I�'ame of Applicant
V. CONSEQUENCE OF FAILURE OF C01�TDITIOI�'S
If any of the foregoing conditions fail to occur. or if they are, b}� their terms; to be
implemented and maintained o��er time. if any of such conditions Fail to be so
implemented and maintained accordine to their terms. the City shall ha��e the right to
re��oke or modifi� all approvals herein granted. dem�. or further condition issuance of all
future building permits. denv. revoke, or further condition all certificates of occupanc}•
issued under the authority of appro��als herein granted, institute and prosecute litieation
to compel their compliance ���ith said conditions or seek damaees for their ��iolation.
Failure to satisf�� the conditions of this permit ma� also result in the imposition of ci��il
or criminal penalties.
Resolution No. 2016-171
Page No. ]0
VL INVALIDITY: AUTOMATIC REVOCATION
It is the intention of the City Council 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 b}� 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.
BE IT FURTHER RESOLVED that the City Council, based on the evidence presented,
hereby approves the appeal and grants approval for DR15-0024.
Presente Approved as to form by
---� `
Kelly G. ghton, FASLA en R. ogins �,
Director of Development Services Ci tto ey
Resolution No. 2016-171
Paee No. 1 1
PASSED. APPROVED, and ADOPTED bv the Cit�� Council of the Cit�� of Chula Vista.
Califomia, this 9th dav of August 2016 6}� the follo«�ing vote:
AI'ES: Councilmembers: Bensoussan. McCann. and Salas
I�'AYS: Councilmembers: None
r1BSEi�'7�: Councilmembers: Aeuilar
ABSTAII�': Councilmembers: n4iesen
,�
Marv las. Mavor
ATTEST:
���
Donna R. Noms. CMC. Citv Clerk
STATE OF CALIFOIL\'IA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Norris. Citv Clerk of Chula Vista. Califomia. do hereb�� certifi� that the foreeoine
Resolution No. 2016-171 ���as dul}� passed, approved, and adopted b�� the Cit}� Council at a
reeular meetina of the Chula Vista Cit�� Council held on the 9th dav of Aueust 2016.
Executed this 9th da��of Aueust 2016.
���. � , �/',�,�
Donna R. Noms. C C. Cin� Clerk