HomeMy WebLinkAboutItem 3 - Attch 2 - PC ResolutionRESOLUTION NO. DR16-0032
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING DESIGN REVIEW PERMIT DR16-0032 TO CONSTRUCT 273
MULTI -FAMILY UNITS WITH 629 PARKING SPACES, RETAIL SPACE, AND
COMMUNITY PURPOSE FACILITY SPACE ON 10.4 ACRES WITHIN THE
VILLAGE 3 MASTER PLANNED COMMUNITY. APPLICANT: HOMEFED
VILLAGE III MASTER, LLC.
WHEREAS, on August 30, 2016, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by HOMEFED
VILLAGE FII MASTER, LLC (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to construct
273 multi -family units, with 20,000 square feet of retail space and 10,000 square feet of
Community Purpose Facility (CPF) space, 629 parking spaces, private recreation areas, and
associated open space within. the Village 3 Mixed -Use (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing
parcel located in the Village Core for the Village 3 North and a Portion of Village 4 (Village 3)
Sectional Planning Area (SPA) (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 Environmental Impact Report, EIR-
13-01, and no fizrther environmental review or documentation is required; and
WHEREAS, the Director of Development Services set the tune 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 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 Village
3 Sectional Planning Area (Village 3 SPA) Plan and Planned Community (PC) District
Regulations.
The proposed multi -family use is permitted and meets all of the development regulations as
stipulated in the MU -I and MU -2 PC District Regulations as conditioned.
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PC Resolution DR16-0032
February 22, 2017
Page 2
2. The proposed Project is consistent with the design and development standards of the
Village 3 SPA Design Plan.
The Project is in compliance with the Design Guidelines of the Village 3 SPA's Design Plan
and Master Precise Plan, and is consistent with the SPA density requirements. The proposed
273 apartments are a permitted land use in the Village Green District component of the
Village 3 SPA Plan's village core. The Project is composed of the MU -1, MU -2 and CPF-1
parcels, and includes Mandatory Site Elements. This Project contains the commercial/retail
uses intended to serve Village 3, as well as surrounding villages.
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:
I. 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:
DEVELOPMENT SERVICES DEPARTMENT — Planning Division
1, The Project shall be developed and maintained in accordance with the approved plans for
DR16-0032, which include site plans, floor plans, and elevation plans on file in the
Planning Division, the conditions contained herein, and Title 19.
2. The Applicant shall pay all applicable fees, including any unpaid balances of permit
processing fees for deposit account DQ -3120.
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.
4. The Project shall conform to Section 9.20.055 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 landscaping.
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.
7. The construction of the CPF building shall coincide with the construction of the Mixed-
use project, in accordance with Section 1 of the Community Purpose Facilities
Agreement (DOC# 2016-0701435). Prior to the issuance of the Certificate of Occupancy
for the final building in MU -2, construction will begin on the CPF building.
PC Resolution DR16-0032
February 22, 2017
Page 3
DEVELOPMENT SERVICES DEPARTMENT — Ladd Development Division
8. The .Applicant shall comply with all applicable conditions of approval for Tentative Map
No. CVT 16-02.
9. Park obligation arising from additional units shall be met in accordance with the Village
3 Parrs Agreement, approved on December 6, 2016.
10. 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.
11. Trash enclosures shall be covered with a solid roof and constructed consistent with the
City of Chula Vista Recycling and Solid Waste Planning Manual.
12. The Applicant shall provide the City with proof of Pad certification prior to issuance of
any building permit within the Project.
DEVELOPMENT SERVICES DEPARTMENT — Landscape Division
13. The Applicant shall obtain approval of a "Landscape Documentation Package" that
complies with the Chula Vista Landscape Water Conservation Ordinance, 2015 update,
Municipal Code Chapter 20.12.
DEVELOPMENT SERVICES DEPARTMENT — 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.
14. This Project shall comply with 2016 California Building Code, California Mechanical Code,
California Plumbing Code, California Electrical Code, California Fire Code and 2016
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.
15. This Project must be designed by an Architect or Engineer licensed by the State of California.
[California Business and Professional Code 5536.1, 6735].
16. The Applicant shall provide a Building Code Data Legend on the title (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.
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PC Resolution DR16-0032
February 22, 2017
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g. Provide calculation for Area and height increases.
h. Mixed use Area Calculation for multiple occupancies, occupancy separation.
17. 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.
18. On the 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. [503.1.2]
19. 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.
ECONOMIC DEVELOPMENT DEPARTMENT — Environmental Division
20, The Applicant shall comply with the construction debris recycling requirements,
including a performance deposit and Waste Management Report.
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.
21. The applicant shall apply for 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.
22. A fire service study shall be performed that includes a hydraulic water flow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The
Hazen Williams formula shall be used in the determination of these flows and pressures.
The analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
23. Water supply data is required to accompany an underground submittal. An official water
flow letter can be obtained from the respective water authority. The water flow
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the'plan submittal.
24. Where private driveways exceed 150'-0," a fire department turn -around is required. All
Private Driveways (including B, N and O) are approved as shown on the site plan, except
for Private Driveways E, F and M which exceed the 150 -foot maximum length and are
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PC Resolution DR16-0032
February 22, 2017
Page 5
too narrow for a turn -around. In order to remedy these conditions, it is agreed that Fire
Sprinklers in Buildings 1, 2, 14, and 15 shall require aNFPA 13 system.
II. The following on-going conditions shall apply to the Project Site as long as it relies
on this approval:
25. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved landscape plan.
26. The Applicant shall comply with all applicable mitigation measures, per Final Environmental
Impact Report (FEIR) 13-01.
27. 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.
28. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission 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.
29. 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.
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PC Resolution DR16-0032,
February 22, 2017
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I.V. EXECU'T`ION 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
Printed Name of Property Owner
Signature of Applicant
Printed Name 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.
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.
PC Resolution DR16-0032
February 22, 2017
Page 7
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 22nd day of February, 2017 by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Patricia Laughlin, Secretary
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Gabriel Gutierrez, Chair