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HomeMy WebLinkAboutDR16-0029RESOLUTION NO. DR16-0029 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR16-0029 TO CONSTRUCT A TWO-STORY 104,424 SQUARE - FOOT BUILDING FOR A SENIOR CARE FACILITY WITH ASSISTED LIVING AND SENIOR HOUSING, AND ASSOCIATED USES AND OPEN SPACE ON APPROXIMATELY 4.5 ACRES IN OTAY RANCH SECTIONAL PLANNING AREA ONE, VILLAGE FIVE, .CPF-5 SITE WHEREAS, on July 26, 2016, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Douglas Wilson Companies (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to construct a two-story 104,424 square -foot building for a senior care facility with assisted living and senior housing, and associated uses and open space on approximately 4.5 acres (Project); and WHEREAS, the area of land that is the subject of this Resolution is an existing parcel located in the Otay Ranch Sectional Planning Area One, Village Five, CPF-5 site (Project Site); and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Final FIR (EIR-90-01), for the Otay Ranch Villages One and Five Sectional Planning Area Plan. Therefore, no further environmental review or documentation is required; 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 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby find and determine as follows: That the proposed Project is consistent with the development regulations of the Otay Ranch Sectional Planning Area One, Village Five Plan and Planned Community (PC) District Regulations. PC Resolution DR 15-0029 January 11, 2017 Page 2 The CPF-5 site is designated for Community Purpose Facilities in the PC District regulations of the Otay Ranch Sectional Planning Area One, Village Five Plan. The proposed senior care facility use is permitted and meets all of the development regulations as stipulated in the Otay Ranch Village Five PC District Regulations as conditioned. 2. The proposed Project is consistent with the design and development standards of the Otay Ranch Village Five Core Master Plan. The Project is in compliance with the Otay Ranch Village Five Core Master Plan of the Otay Ranch Village Sectional Planning Area One. The senior care facility consists of a total of 111. units for assisted living and memory care, with a total of 137 beds for seniors. Enhanced architectural details are proposed along the street elevations and the layout of the site provides for a pedestrian oriented design and a landmark feature in accordance with the Otay Ranch Village Five Core Master Plan. A total of 46 parking spaces are required. The Project proposes 53 spaces. The total building height is at 36 -feet (two stories), with a front and exterior side yard setback of 26 -feet, which are approved through this Design Review. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve the Project subject to the general and special conditions set forth below. The following shall be accomplished to the satisfaction of the Development Services Director or designee, prior to issuance of building permits, unless otherwise specified: Development Services Division 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, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -3240. The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Planning Commission. 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Development Services Director prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code ("Municipal Code") 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 Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. PC Resolution DR 15-0029 January 11, 2017 Page 3 6. All ground mounted utility appurtenances, including but no limited to transformers and AC condensers, 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 Development Services Director. 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 Development Services Director, prior to the issuance of the first building permit. 8. The Applicant shall obtain approval by the Development Services Director of a sign permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. 9. The Applicant shall construct a decorative block retaining wall along E. Palomar Street subject to the approval of the Development Services Director. Land Development Division/Landscape Architecture Division 10. The Applicant shall comply with all applicable conditions of approval for OR Tentative Map No 96-04. 11. 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 in accordance with the Master Fee Schedule 12. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: • Grading Plans • Construction Permit 13. The Applicant shall show/label in the "Conceptual Grading Plan:" all the BMP's, LID's, including Bio Retention Planters. Provide sizing calculations and specifications for all BMP's, & LID's. 14. Prior to the approval of any 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 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. PC Resolution DR15-0029 January 11, 2017 Page 4 15. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 12.12.120 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of drivers at the street intersections or driveways. 16. Proposed fire access road shall meet H-20 loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 17. Driveway curb openings shall be a minimum of eight feet from any PCR, and three feet from any obstruction. 18. For roadways within 10' of a 10' or higher down slope, the Applicant shall provide a guard rail analysis to determine if guard rail is necessary pursuant to section 7 of the Caltrans Traffic Manual and Roadside Design Guide, to the satisfaction of the City Engineer, or designee. 19. Temporary improvements (including but not limited to fence, asphalt ramps and signs) located in the street right of way, or City easements will require an encroachment permit. 20. Streets or driveways within the Project shall be designated as private. 21. The Applicant shall clearly show the existing and proposed sanitary sewer lines and how the site will connect to the City's public sewage system to the satisfaction of the City Engineer, or designee. No sewer lines will be allowed to be located under existing or proposed buildings. Indicate whether sewer lines are private or public. 22. The Applicant shall demonstrate compliance with the Uniform Plumbing Code, minimum sewer grade (2%) from the farthest unit on the site to the sewer main. 23. The Applicant shall clearly show the existing storm drain across the site to the satisfaction of the City Engineer, or designee. No storm drain will be allowed to be located under the existing or proposed buildings. Indicate whether the existing storm drain is public or private. If public, the Applicant shall show public easement locations and widths on the grading plans. 24. The Applicant shall depict and detail existing and proposed drainage to ensure adjacent properties are not impacted to the satisfaction of the City Engineer, or designee. 25. A Land Development Permit will be required, if the Applicant proposes to move over 250 cubic yard of earthwork. 26. The Applicant shall 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 Chapter 15.05. 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: PC Resolution DR15-0029 January 11, 2017 Page 5 a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and GeotechnicallSoils 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 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. £ Any offsite work will require Letters of Permission from the affected property owncr(s). 27. The Applicant shall provide two copies of the following technical reports with the 15` submittal of grading plans: a. Drainage study b. Water Quality Technical Report c. Geotechnical Report 2$, Retaining Walls: a. All retaining walls shall be noted on the grading plans and include a detailed wall profile. b. Structural wall calculations are required if walls are not built per San Diego Regional Standard Drawings, or City of Chula Vista Construction Standards CVCS-30 thru 40, and if fences are to be placed on top of retaining walls. c. Retaining walls that will be part of a building wall must be approved as part of the building permit for the project. d. Retaining walls around trash bin (if any) shall be noted on the grading plans and called out per standard. e. Detail how retaining wall drains tie into the drainage system. 29. The Project shall comply with all requirements of the Chula Vista Development Storm Water Manual for both construction and post -construction phases of the project. Prior to any building permit approval, documentation shall be provided, to the satisfaction of the City Engineer, to demonstrate such compliance. 30. A Final Water Quality Technical Report (WQTR) and final Drainage study shall be submitted prior to building permit approval along with a Site Plan showing that project can meet the City's Low Impact Development (LID), Source Control, Treatment Control, and Hydromodification Control Best Management Practice (BMP) Requirements. The WQTR shall include design features, such as bio -retention facilities, and other high - efficiency BMPs in accordance with LID requirements under current City Standard Urban Stormwater Mitigation Plan (SUSMP) standards, the City's Development Storm Water Manual, and as imposed by the current NPDES Municipal Permit adopted by the Regional Water Quality Control Board. LID principles must be incorporated into the PC Resolution DR15-0029 January 11, 2017 Page 6 project's design. For additional information, refer to the Chula Vista Development Storm Water Manual website. The County of San Diego LID Manual provides assistance with the selection of various design features. 31. Pursuant to NPDES Municipal Permit, Order (NOT) must be filed with the SQRCB. A copy of the acknowledgement from the SWRCB that a NOT has been received for this Project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 32. 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 to the satisfaction of the City Engineer, or designee. 33. Where feasible, storm water runoff from parking areas and roofs shall be directed to landscaped areas before discharge to storm drainage systems to the satisfaction of the City Engineer, or designee. 34. The site runoff shall be directed to the bioretention BMP area located on the site. 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. 35. The trash enclosure area shall be covered with a solid roof or awning to avoid contamination of runoff. The site shall be graded in such a way as to prevent run-on into, and run-off from, the trash enclosure area. 36. All on-site storm drain inlets and catch basins shall be provided with permanent stenciling and signage according to City of Chula Vista Standards to prohibit illegal discharge to the storm drain system. 37. The Applicant 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. 38. Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit will be required prior to issuance of any building permits. The Improvement Plan shall include but not be limited to: a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk in accordance with 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. b. Removal and replacement of existing pedestrian ramp on the corner of East Palomar Street and Santa Rosa Drive per Chula Vista Construction Standard PC Resolution DR15-0029 January 11, 2017 Page 7 CVCS-25. Current pedestrian ramp shall be replaced, if it does not meet the City of Chula Vista Design Standards/ADA Standards, or if existing pedestrian ramp is cracked or broken. C. 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. d. Installation of driveway meeting design standards as shown in Chula Vista standard detail CVCS-IS. Dedication of R/W as needed in order for driveway to comply with American Disability Act (ADA) requirements. e. Installation of pedestrian ramp on the corner of East Palomar Street per Chula Vista Construction Standard CVCS-25. f. Installation of sewer laterals per SDRSD S-13. 39. Any improvements in the public right-of-way beyond the Project limits shall be designed and constructed as to not interfere with adjacent businesses, to the satisfaction of the City Engineer, or designee. 40. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to the public sewer. 41. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City -maintained public facilities. 42. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. Driveway A shall include pedestrian ramps on all legs. 43. The Applicant shall submit full landscape construction plans prior to the approval of the first building permit. Fire Department 44. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating that the above mentioned fire flow is available to serve this Project. Fire flow letter will be based on construction type V-A at 104,424 square feet. Requiring 5500 gpm for 4 hour. 45. The Applicant shall provide a fire exhibit showing access and water supply. Provide all of the appropriate CVFD details on the exhibit sheet. 46. The Applicant shall provide a fire service study performed for the new fire water distribution system, which 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 PC Resolution DR] 5-0029 January 11, 2017 Page 8 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. 47. The Building Permit plans shall indicate all necessary engineering features, including all hydraulic reference nodes, thrust block sizes, pipe lengths and pipe diameters as required by the above named codes and standards. Complete, accurate legends or all symbols and abbreviations shall be provided on plans. 48. 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. No reductions in fire flow will be granted for buildings protected throughout by an approved automatic fire sprinkler system. II. The following on-going conditions shall apply to the Project as long as it relies on this approval: 1. The site shall be developed and maintained in accordance with the approved plans, which include site and grading plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved landscape plan. 3. Approval of this request shall not waive compliance with any sections of the CVMC, Otay Ranch Village Five Core Master Plan nor any other applicable City Ordinances in effect at the time of building permit issuance. 4. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its 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 of this tentative map 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 Resolution 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. 5. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 6. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such PC Resolution DR 15-0029 January 11, 2017 Page 9 conditions fail to be so implemented and maintained according to their terms, .the City shall have the right to revolve or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. III. GOVERNMENT CODE SECTION 66020 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 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. VI. 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 lc 'signed and returned to the City's Development Services Department. pplicant Date Printed Namb of Applicant Signature of Property Owner Printed Name of Property Owner Date V. 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 PC Resolution DR] 5-0029 January 11, 2017 Page 10 implemented and maintained according to their teens, 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 detennined 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. BE IT FURTHER RESOLVED that the Planning Commission hereby adopts the Resolution approving a Design Review Permit to construct a two-story 104,424 square -feet building for a senior care facility with assisted living and senior housing, and associated uses and open space on approximately 4.5 acres located in the Otay Ranch Sectional Planning Area One, Village Five, CPF-5 site. Presentrl by: Approved as to form by: Kell r ughton, FSALA Development Services Directory PC Resolution DR15-0029 January 11, 2017 Page 11 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 11th day of January, 2017, by the following vote, to wit: AYES: Anaya, Calvo, Gutierrez, Nava, Zaker NOES: N/A ABSENT: Fuentes; Livag ABSTAIN: N/A e utierrez, Chairperson ATTEST: Patricia Laughlin, Secretary..