HomeMy WebLinkAboutDR17-0004RESOLUTION NO. DR17-0004
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR17-0004,
TO CONSTRUCT A 3 -STORY, 80 -UNIT RESIDENTIAL
CONDOMINIUM PROJECT FOR INDIVIDUAL OWNERSHIP WITH
TWO -CAR GARAGES, COMMON RECREATION AREAS, AND
ASSOCIATED OPEN SPACE ON A 5.81 ACRE SITE LOCATED IN THE
OTAY RANCH FREEWAY COMMERCIAL NORTH, NEIGHBORHOOD
FC -2.
WHEREAS, on January 30, 2017, a duly verified application for a Design Review Pen -nit
was filed with the City of Chula Vista Development Services Department by Baldwin & Sons
(Applicant); and
WHEREAS, the area of land that is the subject of this Resolution is an existing parcel
located in Otay Ranch Freeway Commercial FC -2 (Project Site); and
WHEREAS, The Director of Development Services has reviewed the project for
compliance with the California Environmental Quality Act (CEQA) and detennined that the
Project was covered by previously certified Final Environmental Impact Report (FEIR) 02-04
and the Second Addendum to FEIR 02-04. Thus, no further environmental review is required;
and
WHEREAS, the Director of Development Services set the time and place for a hearing
on the Design Review Pennit 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
Freeway Commercial Sectional Planning Area (SPA) Plan and Planned Community
(PC) District Regulations.
Neighborhood FC -2 is designated Residential Multi -Family (RM) in the PC District
regulations of the Otay Ranch Freeway Commercial SPA Plan. The proposed multi -family
use is permitted and meets all of the development regulations as stipulated in the Otay Ranch
Freeway Commercial PC District Regulations as conditioned.
PC Resolution DR] 7-0004
August 23, 2017
Page 2
The allowable density on the site is a total of 80 units and the Applicant's proposal includes
80 units. Each townhome building includes a two -car garage in addition to guest parking.
The project requires 176 parking spaces, which are provided by 160 garage spaces and 87
street parking spaces located onsite for a total of 247 spaces. The total building height of the
three-story residential buildings is 38 -ft, whereas the maximum building height per the
Residential Guidelines is 50 -ft. The lot area, floor area ratio, and setback requirements are
subject to Design Review (DR).
2. The proposed project is consistent with the design and development standards of the
Otay Ranch Freeway Commercial SPA Design Plan.
The project is in compliance with the Multi -Family Design Guidelines of the Otay Ranch
Freeway Commercial 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 Freeway Commercial SPA Plan.
BE IT FURTHER RESOLVED, that the Planning Commission, based on the findings
above, hereby approves the Design Review Permit subject to the following conditions:
I. 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 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 pennit, the Applicant shall
pay all applicable fees, including any unpaid balances of permit processing fees for deposit
account DQ -1695.
3. The Applicant shall submit building plans specifying colors and materials consistent with the
colors and materials shown on the site plan, elevations and materials board approved by the
Planning Commission.
4. A graffiti resistant treatment shall be specified on the building plan for all wall and building
surfaces. This shall be noted for any building, and wall plans. Additionally, the project shall
conform to Section 9.20.055 of the Chula Vista Municipal Code (CVMC) 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. Such screening shall be architecturally integrated with the building design and
constructed to the satisfaction of the Director of Development Services.
PC Resolution DR17-0004
August 23, 2017
Page 3
6. 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.
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.
S. Prior to Building Permit approval, additional enhancements shall be provided along the rear
elevation of the homes along Private Street E (view from the hotel) by providing arched
doorways on the first floor. A mansard tiled roof shall be provided above the doorways on
the exterior side yard of each building to the satisfaction of the Development Services
Director.
Land Development Division/Landscape Architecture Division
9. The Applicant shall meet all park obligations relating to the proposed 80 multi -family condos
in accordance with the provisions of the Freeway Commercial North Development
Agreement executed 6-29-15.
10. The Applicant shall comply with Chapter 20.12 of the CVMC, the Landscape Water
Conservation Ordinance.
11. The Applicant shall comply with all applicable conditions of Tentative Map No. 15-0007.
12. 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
13. 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
14. The Applicant shall pay the Park Acquisition and Development (PAD) fee per dwelling unit
prior to the issuance of the first Building Permit in accordance with CVMC 17.10.100. The
PAD fee is adjusted on an amlual basis on October I based on the Engineering 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 with all conditions related to PAD fees as
stipulated in the Freeway Commercial North Development Agreement.
PC Resolution DR 17-0004
August 23, 2017
Page 4
15. Prior to the approval of the first 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.
16. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance with Section 12.12.130 of the CVMC. Also, landscaping, street furniture, or
signs shall not obstruct the visibility of a driver at the street intersections or driveways.
17. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork
activities at the site and before issuance of Building Perinits in accordance with CVMC Title
15.04. The Applicant 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:
• Grading Plans shall be prepared by a registered Civil Engineer and approved
by the City Engineer.
• Drainage Study and Geotechuiical/Soils 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 storin 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.
• Drainage Study shall also demonstrate that no property damage will occur
during the 100 -year storm event.
• Drainage Study shall show any offsite flows.
• All onsite drainage facilities shall be private.
• Any offsite work will require Letters of Permission from the property
owner(s).
18. The Applicant shall provide 2 copies of the following technical reports with the 1''t submittal
of Grading Plans:
• Drainage Study
• Water Quality Technical Report (WQTR) to Storm Water Quality
Management Plan (SWQMP)
• Geotechnical Report
19. Applicant shall obtain Encroaclunent Permits for temporary improvements (such as fence,
asphalt ramps, signs, etc.) located in the street right of way, City easements or City owned
Open Space Lots prior to construction of such improvements.
20. The project shall comply with all requirements of the Chula Vista Development Storm Water
PC Resolution DR 17-0004
August 23, 2017
Page 5
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.
21. Site design shall include features to meet National Pollutant Discharge Elimination System
(NPDES) Municipal Permit Standards. These features shall maximize infiltration and
minimize impervious land coverage while conveying storm water runoff.
22. The site runoff shall be directed to a bioretention Best Management Practice (BMP) facility.
The bioretention BMP shall be designed in accordance with criteria established in the
Countywide Model Standard Urban Stormwater Mitigation Plan (SUSMP) and the California
Storinwater Quality Association (CASQA) Storm Water Best Management Practices
Handbook, BMP # TC -32. Details of the bioretention facility shall be shown on the plan.
23. 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.
24. The Applicant shall file a Final Map in accordance with Sections 66426 and 66427 of the
Subdivision Map Act. 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.
2.5. The Applicant shall fiend 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 Freeway Commercial North Design Plan and Public Facilities Financing Plan (PFFP) and
as approved by the Directors of Development Services and Public Works.
26. Prior to the issuance of any Building Permit, the Applicant shall submit Improvement Plans
in conformance with the City's Subdivision Manual and obtain a Construction Pen -nit. The
Improvement Plans shall include but not be limited to:
• Removal and replacement of any broken or damaged curb, gutter, and
sidewalk. per San Diego Regional Standard Drawing (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 along 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 existing utilities, as determined by the City Engineer.
PC Resolution DR] 7-0004
August 23, 2017
Page 6
27. The Applicant shall obtain any and all permits required for the installation of public utilities
(gas, electric, water, cable, and telephone).
28. The Applicant shall secure the construction and completion of all improvements, including
offsite improvements and those surrounding the project, in accordance with. Section
18.16.180 of the CVMC.
29. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are
cormected to public sewer.
30. The onsite sewer and storm drain system shall be private. All sewer laterals and storin drains
shall be privately maintained by the Applicant, until such time as the facilities are transferred
to a Homeowners Association (HOA) or other party, from each building unit to the City -
maintained public facilities.
31. The Applicant shall design all proposed sidewalks, walkways, pedestrian ramps, and disabled
parking to meet the City of Chula Vista Design Standards, Americans with Disabilities Act
(ADA) Standards, and Title 24 standards, as applicable.
32. Prior to Grading or Street Improvement Plan approval, the 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 using the city's digital submittal file upload website at
littp://www.chulavistaca.�-,ov/foto/GIS. The data upload site only accepts zip formatted files.
33. Prior to Improvement Plan or Building Permit approval, whichever occurs first, the Applicant
shall obtain an Encroachment Permit for any private facilities within public right-of-way or
City easement.
Fire Department
34. The Applicant shall apply for and obtain all 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.
IL The following on-going conditions shall apply to the Project Site as long as it relies
on this approval:
1. 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.
2. The Applicant shall install all landscaping and hardscape improvements in accordance with
the approved Landscape Plan.
PC Resolution DR 17-0004
August 23, 2017
Page 7
3. Approval of the Design Review Permit does not waive Applicant's obligation to comply with
all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations
in effect at the time of Building Permit issuance. Applicant shall be responsible for
complying with all such laws and regulations.
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,
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 hereof, in accordance with Section 19.14.600 of the CVMC;
December 14, 2019.
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 in
a timely manner this procedure will bar any subsequent legal action to attack, set aside, void
or amlul 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.
PC Resolution DR 17-0004
August 23, 2017
Page 8
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 same. Upon execution, this
document shal and returned to the City's Development Services Department.
Signature of Property Owner Date
&1 C- K- t
Printed Name of Property Owner
-- - 9 ►1 r
ignature of Applicant Date
iolI c. t L6-6
Printed Name of Applicant
V, CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terins, 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 DR 17-0004
August 23, 2017
Page 9
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 23 d day of August 2017, by the following vote, to -wit:
Prese to by: Approved as to form by:
Kelly Lgal —
Director of Development Services
AYES: Anaya, Burroughs, Milburn, Zaker, Gutierrez
NOES: N/A
ABSENT: Calvo, Nava
ABSTAIN: N/A
Gabe Gtttie2 ez, Chair -----
A-11, EST:
I';ttr3 7 I a�. ghlin Board