HomeMy WebLinkAboutReso 2016-189 RESOLUTION 2016-189
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DESIGI�' REVIEVd PERMIT
DR16-0030 TO CONSTRUCT A 212-LTNIT MiJLTl-FAI�4ILY
DEVELOPMENT V1%ITH TWO-CAR GARAGES. RECREATION
AREAS. At�'D ASSOCIATED OPEI�T SPACE ON 8.14 ACRES
�i'ITHIi�' THE OTAY RAI�'CH FREEWAY COMMERCIAL
NORTH DEVELOPMENT
I. RECITALS
WHEREAS, on August 1�. 2016. a dulv �erified application for a Desien Re��ie�a
Permit was filed ���ith the Cit�• of Chula Vista Development Sen-ices Department by
Bald"�in & Sons, LLC (Applicant); and
WHEREAS, the Desien Revie�v application implements the Free�ea}� Commercial
North SPA Plan Desien Guidelines and Master Precise Plan: and
WHEREAS; staff recommends that. based upon the findinss made. the Cit��
Council appro��e the Design Re��iew application DR16-0030; and �
WHEREAS; the Director of Development Sen�ices has revie��ed the proposed
project for compliance �vith the Califomia Em�ironmental Quality Act (CEQA) and has
determined that the project �+as adequatel�- covered in previoush� adopted Final
Environmental Impact Report for the Otav Ranch Free�i�ay Commercial Sectional
Plannine Area (SPA) Plan - Planning Area 12 (FEIR 02-04) (SCHit19890101�4). The
Development Services Director has determined that only minor technical chanees or
additions to this document are necessarv and that none of the conditions described in
Section 1�162 of the State CEQA Guidelines calline for the preparation of a subsequent
document have occurred; therefore, the Development Service Director has prepared a
Second Addendum to FEIR 02-04: and
V✓HEREAS, the City Clerk set the time and place for the heazing on the Desien
Revie�� request and notices of said hearing, together ���ith its purposes given b}� its
publication in a ne��-spaper of general circulation in the City, and its mailines to property
o��ners ��ithin �00 feet of the exterior boundaries of the project site at least ten (10) da��s
prior to the hearing; and
R'HEREAS; the dulv called and notified public hearin�? on the Desi�n Re��ie���
was heard before the Cih� Council of the Citv of Chula Vista on September 13. 2016 in
the Council Chambers in Cit� Hall. Chula Vista Ci��ic Center. 276 Founh A��enue. at
�:00 p.m.
Resolution No. 2016-189
Page No. 2
II. DESIGN REVIEW FINDINGS/APPROVAL
NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of
Chula Vista that it hereby makes the following findings:
L That the proposed project is consistent with the development regulations of the
Freeway Commercial North Sectional Planning Area (SPA) Plan and Planned
Community (PC) District Regulations.
Neighborhood RM is designated Residential Multi-Family (RM) in the PC District
regulations of the Freeway Commercial North SPA Plan. The proposed multi-family
use is permitted and meets all of the development regulations as stipulated in the Otay
Ranch Freeway Commercial North PC District Regulations as conditioned.
The allowable density on the site is a total of 212 units. The Applicant is proposing to
build a total of 212 units. Each buildinb includes a two-car garage in addition to
guest parking. The project requires 494 parking spaces, and provides 497 spaces,
which consist of 168 side by side garages, 224 tandem garage spaces and 105 open
parking spaces located onsite. The maximum allowable building height is 50 feet and
the project proposes 45'-4". The lot area, floor area ratio, and setback requirements
are subject to Desig� Review (DR).
2. The proposed project is consistent with the design and development standards of the
Freeway Commercial North SPA Desi�;n Plan and Master Precise Plan.
The project is in compliance with the Multi-Family Design Guidelines of the Freeway
Commercial North 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
Freeway Commercial North SPA Plan.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, BASED ON THE
FINDINGS ABOVE, hereby approves the Design Review Permit subject to the following
conditions:
The following shall be accomplished to the satisfaction of the Development Services
Director, or designee, prior to issuance of building permits, unless otherwise specified:
Planning Division
1. The site shall be developed and maintained in accardance with the approved plans,
��hich indude site plan, floor plan, landscape plan and elevation plan on file in the
Planning Division; the conditions contained herein, and Title 19.
S
Resolution No. 2016-189
Paae No. 3
2. Prior to. or in conjunction ��ith the issuance of the first buildin2 permit, Applicant
shall pa�� all applicable fees, including an�� unpaid balances of permit processing fees
for deposit account DQ-169�.
3. Prior to the approval of building permits; the Applicant shall submit buildine plans
specifi�ing colors and materials consistent w�ith the colors and materials sho�tim on the
site plan, elevations and materials boazd submitted to the City Council and on file in
the Planning Department.
4. Prior to issuance of the first buildine permit. Applicant shall provide specifications on
construction dra�vines of sound attenuation features for required open space areas: as
called out on Sheet (Architecmral Site Plan - A0�0, Buildin� 100 — Buildine Plans -
AliO, A140; Buildine ]00- Buildine Ele��ations - A160; Buildine 200 — Buildine
Plans - A230. A240; Buildine 200 — Buildine Ele��ations - A260; Unit 2 (Buildins
100 & 200) A720; Unit 3 (Building 200) A730; Unit � (Buildine 100) A7�0.
A7�1) of the Design Re��ie�i�approved plans, as H�ell as in the project noise studv.
�. Prior to final occupancy of the last buildine unit, the sound attenuation wall located
at the H�est of the site, as specified on the project plans and within the project noise
studv, shall be constructed.
6. A graffiti resistant treatment shall be specified on the building plan for all wall and
buildine surfaces. This shall be noted for any building, and wall plans and shall be
revieti�ed and approved by the Director of Development Services prior to the issuance
of buildine permits. Additionall��; the project shall conform to Section 9.20.0» of
the Chula Vista Municipal Code (CVMC) regarding graffiti control.
7. All roof appuRenances, includine air conditioners and other roof mounted equipment
and/or projections shall be shielded from ��ie�� and the sound buffered from adjacent
properties and streets as required by the Director of De��elopment Sen�ices. Such
screenin� shall be architecturally integrated with the building desien and constructed
to the satisfaction of the Director of De��elopment Services.
8. All eround mounted utilit�• 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 masonrv ���alls; berming. and/or landscaping to the
satisfaction of the Director of Development Services.
9. All esterior liehtine shall include shieldine to remo��e anv elare from adjacent
residents. Details for said li�htin� shall be included in the architectura] plans and
shall be revie���ed and appro��ed to the satisfaction of the Director of Developmem
Services, prior to the issuance of am� buildine permit.
�
Resolution No. 2016-189
Page No. 4
Building Division
10. The Applicant shall comply with 2013 California Building Code (CBC), Califomia
Mechanical Code (CMC), California Plumbing Code (CPC), California Electrical
Code (CEC), California Fire Code (CFC), the 2008 California Energy Code (CEC),
and the 2013 Califomia Green Building Standards, as adopted and amended by the
State of Califomia and the City of Chula Vista.
Land Development Division/Landscape Architecture Division
11. The Applicant shall meet all park obligations relating to the proposed 212 multi-
family condos in accordance with the provisions of the Freeway Commercial North
Development Agreement executed 6-29-15.
12. The Applicant shall comply with the 2015 update to Chapter 20.12 of the CVMC, the
Landscape Water Conservation Ordinance.
13. The Applicant shall comply with al] applicable conditions of Tentative Map No. 15-
0007.
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
• 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
followine items:
• Grading Plans
• Street Improvement Plans
• Final Map
16. The Applicant shall pay the Park Acquisition and Development (PAD) fee per
dwelling unit prior to the issuance of the first Building Pennit 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 die PAD fee shall be the
amount in place at the time of Building Pennit approval. Tl�e project shall comply
with all conditions related to PAD fees as stipulated in the �reeway Commercial
North De��elopment Agreement.
Resolution No. 2016-189
Paae No. �
17. Prior to the approval of the building permit, the 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 Califomia State Plane
Coordinate S}�stem (I�'AD 83. Zone 6) in accordance N�ith the Citv`s Guidelines for
Digital Submittal. DXF file shall include a utility plan shoH�ing any and all proposed
seN�er or storm drain on site.
18. All dm�e��ays shall conform to the Ciri� of Chula Vista`s sight distance requirements
in accordance with Section 12.12.130 of the CVD4C. Also, landscaping, street
fumiture. or siens shall not obstruct the ��isibilitv of a driver at the street intersections
or dri��e���avs. �
19. The Applicant shall obtain a Land De��elopment Permit prior to beeinning any
earthwork activities at the site and before issuance of building permits in accordance
���ith CVMC Title 1�.04. The Applicant shall submit Grading Plans in conformance
with the Citds Subdivision Manual and the City's Development Storm Water Manual
requirements. including, but not limited to the folloN�ine:
• Grading Plans shall be prepazed by a registered Civil Engineer and appro��ed
b�� the Citv Eneineer.
• Draina�e Stud�� and Geotechnical/Soils In��estieations are required with the
first submittal of Gradina Plans. The Drainaee Smd�� shall calculate the Pre-
Development and Post-Development floN�s and show how doNmstream
properties and storm drain facilities are impacted. Desien shall incorporate
detention of storm H�ater runoff if Post-Development floH�s exceed Pre-
Development flows; anal}�sis shall include floH�s from 2 ��r.. 10 y.r, and �0 ��r.
retum frequenc}� storms.
• Drainaoe study shall aiso demonsvate that no property damaee w�ill occur
durine the ]00-��ear storm e��ent.
• Drainase stud�� shall show anv offsite flows.
• All onsite drainaee facilities shall be pm�ate.
• Am� offsite ��-ork will require Letters of Permission from the propem�
o«�ner(s).
20. The Applicant shall pro��ide 2 copies of the following technical reports ���ith the ln
submittal of sradine plans:
• Drainaee studv
• 41'ater Qualin� 7echnical Report (R'QTR)
• Geotechnical Report
21. Applicant shall obtain encroachment permits for [emporary impro��ements (such as
fence, asphalt ramps. signs. etc.) located in the street right of���a��, Cit�� easements or
City o��roed Open Space Lots prior to construction of such impro��ements.
Resolution No. 2016-189
Page No. 6
22. The project shall comply with all requirements of the Chula Vista Development
Storm Water Manual (Storm Water Manua]) 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 shali 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 establisl�ed 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. 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 Applicant 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 Applicant 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. Applicant shall fund the projects fair share and/or install transit stop facilities within
the Tentative Map boundazy 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 Freeway Commercial North Design Plan and 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 lmprovement
Plans in conformance with the City's Subdivision Manual and obtain a Construction
Permit. The Improvement Plans shall include but not be limited to:
• Removal and replacement of any broken or damaged curb; eutter; 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.
• Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
• Installation of curb, gutter, and sidewalk per SDRSD G-3 alon� the project's
frontage. Sidewalk shall be designed and constructed with proper transitions
to existing conditions.
• Install a Concrete bus pad and a bus shelter on Santa Diana Road.
• Relocation of existina utililies, as determined by the City Engineer.
Resolution No. 2016-189
Page No. 7
29. The Applicant shall obtain am and all permits required for the installation of public
utilities (gas. electric, water, cable, and telephone).
30. The Applicant shall secure the construction and completion of all improvements.
including offsite impro��ements and those surrounding the Project. in accordance with
Section 18.16.180 of the CVMC.
31. For the proposed pri��ate seH-er facilities, manholes shall be used �ahere 6" mains or
larger aze connected to public se���er.
32. The onsite se��er and storm drain s}�stem shall be pri��ate. All se���er laterals and
storm drains shall be privateh� maintained by the Applicant. until such time as the
facilities aze transferred to an HOA or other pam�, from each building unit to the
City-maintained public facilities.
33. The Applicant shall desien all proposed sideN�alks. ���alk���ays: pedestrian ramps; and
disabled pazking to meet the City of Chula Vista Desien Standards, ADA Standazds,
and Tide 24 standards, as applicable.
34. Prior to Grading or Sveet Impro��ement Plan appro��al. the Applicant shall upload
copies of the Street Impro��ement Plan. Gradin� Plan. and Site Improvement Plan in
digital format such as AutoCAD DV�'G or DXF (AutoCAD version Z000 or abo��e),
ESRI GIS shapefile, file; or personal geodatabase (ArcGIS version 9.0 or
abo��e). The files should be transmitted directly to the GIS section using the cit�'s
digital submittal file upload website at httn:/hi�����.chula�istaca.eov/eoto/GIS. The
data upload site only accepts zip formatted files.
3�. Prior to Improvement Plan or buildine permit approval, whiche��er occurs first; the
Applicant shall obtain an Encroachment Permit for any private facilities within public
right-of-wav or City easement.
Fire Department
36. The Applicant shall appl�� for and obtain all required building permits. Permits shall
compl�� with applicable codes and requirements, including but not limited to: the
current Califomia edition of Building Code (CBC), Fire Code (CFC); Mechanical
Code, and Resideniial Code as adopted and amended b� the State of Califomia and
the Cit��of Chula Vista.
[L The follo�vine on-eoine conditions shall appl�� to the project site as long as it relies on
this appro��al�
1. The Applicant shall de�=elop and maintain the site in accordance ���i[h the approved
plans, �+�hich include site plans. floor plan, and elevation plan on file in the Plannine
Di��ision. the conditions contained herein. and Title 19. until such time as this
obli�ation is assumed b�� a successor in interest or HOA. if established.
Resolution No. 2016-189
Page No. 8
2. The Applicant shall install all landscaping and hardscape improvements in
accordance w�ith the approved ]andscape plan.
3. Approval of the Design Review Permit does not waive Owner's/Applicant`s
obligation to comply with any sections of Title 19 of the CVMC, nor any other
applicable laws 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 O�mer and Applicant shall and do agree to indemnify, protect, defend
and hold harmless Cit��, its City Council Members, officers, employees and
representatives, from and against any and all liabilities, ]osses, damages, demands,
claims and costs, including court costs and attorney's fees (collectively, liabilities)
incuned 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 shal] 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 yeazs from the effective date thereof; in accordance with Section 19.14.600 of �
the CVMC; September 23, 2019.
III. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Govemment 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 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,
grading, 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
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 O��ner 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 eaecution. this document sl�all be signed and returned to the City's
Development Services Department.
Resolution No. 2016-189
Paee I�'o. 9
/0�7I16
Signature of Propert�� ONner Date
rrn,-o..�a.=-coim=n�zcm� ''r�.�•r7.vr�ir�cR-"i-
N��� ���
Printed Name of Propem� Owmer
,�/�l,6
Signature of Applicant Date
/�I�c.� [�E
Printed Name of Applicant
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If am� of the foregoine conditions Fail to occur, or if thev aze, b�� their terms. to be
implemented and maintained over time. if anv of such conditions fail to be so
implemented and maintained accordine to their terms, the City shall have the right to
revoke or modifi� all approvals herein aranted, dem�. or further condition issuance of all
fumre building permits. deny, revoke, or further condition all certificates of occupancy
issued under the authorin� of approvals herein granted. instimte and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation.
Failure to satisfi� the conditions of this permit may also result in the imposition of civil
� or criminal penalties.
VI. Ii�1VALIDITY: AUTOMr1TIC REVOCATION
It is the intention of the Cin� Council that its adoption of this Resolution is dependent
upon the enforceability of each and everv term, provision and condition herein stated;
and that in the event that any one or more terms. provisions or conditions aze
determined by a Court of competent jurisdiction to be invalid. illeeal or
unenforceable, this resolution and the permit shall be deemed to be automaticall}�
revoked and of no further force and effect.
BE ]T FURTHER RESOLVED that the Citv Council, based on the e��idence
presented, hereby appro��es the appeal and �rants approval for DR16-0030.
Resolution No. 2016-189
Page No. 10
Presented by Approved as to form by
, � �,� �- ,
_ �
Kelly . roug ton, FSALA Glen R. Googins l
Director of Development Services Ci,ty A�ttor�ey �
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 13th day of September 2016 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Miesen
Mary las, Mayor
ATTEST:
����
Donna R. Nonis, C C, City Clerk
STATE OF CALIFORNIA )
COLJNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2016-189 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of September 2016.
Executed this 13th day of September 2016.
���� `
Donna R. No�MC.-�Clerk