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HomeMy WebLinkAboutItem 2 - Attch 2 - Draft ResolutionRESOLUTION NO. DR17-0016 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT DR17-0015 TO CONSTRUCT 253 MULTI -FAMILY UNITS WITH 421 PARKING SPACES, AND 2,000 SQUARE FEET OF COMMERCIAL SPACE ON 8.27 ACRES WITHIN THE MILLENIA MASTER PLANNED COMMUNITY. APPLICANT: SLF IV-MILLENIA, LLC. WHEREAS, on October 27, 2016 a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by ConAm Asset Management Corporation (ConAm); and WHEREAS, on March 29, 2017 ConAm sent a letter to the City requesting the transfer of the Applicant role to SLF IV-Millenia, LLC; and WHEREAS, on April 26, 2017, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by SLF IV-Millenia, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to construct 253 multi -family units, with 2,000 square feet of commercial space, approximately 10,132 square -feet leasing office/club house, 421 parking spaces, recreation areas, and associated open space within the Southwestern Neighborhood District 8 (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located in Millenia/Eastern Urban Center (EUC) Sectional Planning Area (SPA) in the Southwestern Neighborhood District (District 8, FM Lot 18) (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 Second Tier Environmental Impact Report, E1R-07-01, and 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, namely May 24, 2017 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. Attachment 2 Page 2 May 24, 2017 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 Eastern Urban Center Sectional Planning Area (EUC 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 EUC. PC District Regulations as conditioned. 2. The proposed Project is consistent with the design and development standards of the EUC SPA Design Plan. The Project is in compliance with the Southwestern Neighborhood District S Design Guidelines of the EUC SPA Design Plan, and is consistent with the SPA density requirements. 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, sunless 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, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1657. 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 on May 24, 2017. 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved 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 (CVMC) regarding graffiti control or as approved by the Director of Development Services. Page 3 May 24, 2017 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 and shall be reviewed and approved prior to the issuance of any building permit. 7. All applicable requirements and mitigation measures of the adopted Final Second Tier Environmental Impact Report, EIR-07-01 shall be met. Land Development Division, Engineering Section The following conditions are based on the Design Review Plans, additional requirements may be set at the time the development takes place and/or a building permit is applied for, depending upon final plans submitted for building permits. 8. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development & Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State of California Subdivision Map Act. 9. Prior to the issuance of the grading or site development permit, the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement with Grant of Access and Covenants with the City where Applicant agrees to perpetually -maintain the private Best Management Practice (BMP) measures that will serve the project site in accordance to the approved Water Quality Technical Report (WQTR). 10. Prior to the issuance of the first building permit for the Project, the Applicant shall apply for a construction permit and bond for any work needed in the City's right-of-way. This work includes, but is not limited to sidewalks, curb & gutters, the connection of private laterals to public facilities and the corresponding trench backfill and surface restoration. 11. Prior to the approval of engineering plans for the site, the Applicant shall provide a Letter for Permission to Grade from the owner of Lot 19. 12. The following fees will be required based on the final building plans submitted (fees are adjusted on October 1 st of every year): a. Sewer Capacity Fee b. Traffic Signal Fee c. Sewer Basin DIF d. Public Facilities DIF e. Transportation DIF f. Other Engineering Fees per the Master Fee Schedule Page 4 May 24, 2017 13. On-site drainage and sewer systems shall be private. 14. Before the issuance of the first building permit for the Project, the Applicant shall obtain pad certification. 15. Prior to the issuance of the first building permit for the Project, Applicant shall provide to the City verification of service from the Otay Water District. 16. Prior to the issuance of the first building permit for the Project, the Applicant shall obtain separate permits for other public utilities, such as, gas, electric, water, cable, and telephone as necessary. 17. Before the issuance of the first building permit for the Project, the Applicant shall provide evidence to the City that a private reciprocal access and utility easement from the neighboring property (Lot 19) has been granted to the Applicant to be able to use private driveways "B" and "N" 18. Before the issuance of the first building permit for the project, the Applicant and Master Developer shall grant to the City of Chula Vista an Easement for Public Access Purposes along the private driveways "A", "B", and "N". 19. Before the issuance of the first building permit for the Project, the Applicant shall provide an Emergency Overflow Easement to the City of Chula Vista. 20. Before the issuance of the first building permit for the Project, City approval of engineering plans and bonds for the construction of the proposed traffic signals to be located at the intersections of Millenia Avenue/Strata Street and Millenia Avenue/Proposed Private Driveway "N" are required. These traffic signals shall be fully operational to the satisfaction of the City Engineer before the issuance of the first certificate of occupancy for either Lot 18 or Lot 19. 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 current CA Title 24 and associated City policies. 22. The private site development plans or the civil improvement plans shall show the fire mains and lateral pipe sizes and type in tabular form per the approved report prepared by Dexter. Page 5 May 24, 2017 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. 23. This Project shall comply with 2016 California Building Code, 2016 California Energy Code, 2016 California lire Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Electrical Code, 2016 California Green Standards Code as adopted and amended by the State of California and the City of Chula Vista. 24. This Project must be designed by an Architect or Engineer licensed by the State of California. [California Business and Professional Code 5536.1, 6735]. Landscape Architecture 25. Prior to issuance of the first building permit for the Project, 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. 26. The Applicant shall construct an ADA accessible temporarily paved link connecting the two pedestrian ramps at the corner of Private Driveway B and Private Driveway A on the Park P-6 site to the private site development plan and obtain the necessary permit for construction prior to occupancy of the first unit. 27. If the stairs connecting the project to Millenia Avenue (east facing slope) are kept as proposed, the Applicant shall connect this route of travel to the on-site pedestrian path of travel, and it shall be accessible per 2016 California Building Code Section 1110A.1. II. The following on-going conditions shall apply to the Project Site 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 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 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. 4. 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, Page 6 May 24, 2017 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. 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 19.14.260 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. IV. 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 the same. Upon execution, this document shall be signed and returned to the City's Development Services Department. Signature of Property Owner Signature of Applicant Date Date Page 7 May 24, 2017 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 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. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of May, 2017 by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Patricia Laughlin, Secretary Presented by: Kelly Broughton Director of Development Services Gabe Gutierrez, Chairperson Approved as to form by: Glen R. Googins City Attorney