HomeMy WebLinkAboutDR17-0026 RESOLUTION NO. DR17-0026
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT, DR17-0026 TO CONSTRUCT A
36-UNIT MULTI-FAMILY ATTACHED ALLEY CONDOMINIUM PROJECT
WITH TWO (2) CAR GARAGES, AND ASSOCIATED OPEN SPACE ON 1.32
ACRES WITHIN THE OTAY RANCH VILLAGE TWO, NEIGHBORHOOD
R-16A.
WHEREAS, on July 12, 2017, a duly verified application for a Design Review Permit was filed
with the City of Chula Vista Development Services Department by Presidio Cornerstone Aventine 100,
LLC (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow construction
of a 36-unit multi-family attached alley condominium project with two (2) car garages, and associated
open space on approximately 1.32 acres (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located
in Otay Ranch Village Two,Neighborhood R-16A (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 covered by
previously certified Final Supplemental Environmental Impact Report (FSEIR 12-01) for the Otay
Ranch Villages Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan, and 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 Plamiing 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 Two
Sectional Planning Area (SPA) Plan and Planned Community (PC) District Regulations.
Neighborhood R-16A is designated Residential Multi-Family (RM2) in the PC District regulations
of the Otay Ranch Village Two SPA Plan. The proposed multi-family use is permitted and meets all
of the development regulations as stipulated in the Otay Ranch Village Two PC District Regulations
as conditioned.
PC Resolution DR 17-0026
January 24, 2018
Page 2
The allowable yield on the site is a total of 38 units. The Applicant is proposing to build a total of 36
units. Each six 6-unit buildings include a two-car garage in addition to guest parking. A total of 81
parking spaces are required. The project proposed 86 spaces. The total building height is 40-ft,
whereas the maximum building height per the Residential Guidelines is 60-ft maximum. 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 Village Two SPA Design Plan.
The Project is in compliance with the Multi-Family Design Guidelines of the Otay Ranch Village
Two 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 in accordance with the Otay Ranch Village 2 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:
Planning Division
1. The site shall be developed and maintained in accordance with the approved plans, which include
Site Plans, Floor Pian, and Elevation Plan on file in the Planning Division, the conditions contained
herein, and Title 19 until such time as this obligation is assumed by a successor in interest or Home
Owners Association (HOA),if established.
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 pen-nit processing fees for deposit account DQ-
0010.
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 Plans for all wall and building
surfaces. 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.
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.
PC Resolution DR 17-0026
January 24,2018
Page 3
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.
Building Division
8. The Applicant shall comply with 2016 California Building Code (CBC), California Mechanical
Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California Fire
Code (CFC), the 2016 California Energy Code (CEC), and the 2016 California Green Building
Standards, as adopted and amended by the State of California and the City of Chula Vista.
Land Development Division/Landscape Architecture Division
9. The Applicant shall pay parkland acquisition fees equivalent to 0.262 acres of parkland and parkland
development fees for each unit developed in accordance with the deadlines stated in the Parkland
Development Ordinance Chapter 17.10 of the CVMC. NOTE: The Applicant is not a party to the
Village 2 Parks Agreement executed 10-31-14 between the City of Chula Vista and Baldwin and
Sons.
10. The Applicant shall comply with the 2015 update to chapter 20.12 of the CVMC, i.e., the Landscape
Water Conservation Ordinance.
11. The Applicant shall comply with all applicable conditions of Planning Commission. Resolution No.
16-0006,the project Public Facility Financing Plan (PFFP), Tentative Map No. 11-05, and the City's
standard Tentative Map conditions in accordance with Section 500 of the Subdivision Manual.
12. 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 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:
a. Grading Plans
b. Street Improvement Pians
C. Final Map
14. 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 DR 17-0026
January 24, 2018
Page 4
15. 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 fiirniture, or sigi1s shall not obstruct
the visibility of driver at the street intersections or driveways.
16. 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 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:
a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City
Engineer.
b. Drainage Study and Geotechnical/Soils Mvestigations 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.
f. Any offsite work will require letters of permission from the property owner(s).
17. The Applicant shall provide 2 copies of the following technical reports with the 1st submittal of
Grading Plans:
• Drainage Study
• Storm Water Quality Management Plan(SWQMP)
• Geotechnical Report
18. The Applicant shall obtain Encroachment Permits for temporary improvements (such as fence,
asphalt ramps, signs, etc.) located in street rights of way, City easements or City owned open space
lots prior to construction of such improvements.
19. An encroachment permit is required to be processed and approved by the City Engineer, or designee,
for any private improvements in the public right-of-way.
20. Prior to issuance of a Building Permit, a construction change is required to reflect locations of
proposed laterals and connection to utilities shown on approved construction plans.
21. The Project shall comply with all requirements of the Chula Vista Development Storm Water
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, or designee, to demonstrate such compliance.
PC Resolution DR 17-0026
January 24, 2018
Page 5
22. 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.
23. 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 SUSMP and the California Stonnwater Quality Association (CASQA) Storm Water Best
Management Practices Handbook, BMP # TC-32. Details of the bioretention facility shall be shown
on the plan.
24. The Applicant/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.
25. The Applicant/Owner will be required to file a Final Map in accordance with Sections 66426 and
66427 of the Subdivision Map Act should the Applicant/Owner propose condominium units for the
Project. The Applicant/Owner shall enter into an agreement prior to approval of the Final Map to
secure all Public Improvements required for the development of the Project.
26. The Applicant/Owner/Master Developer will be required to fund 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 Village Two, Three and a Portion of Four Design Plan and Village Two,
Three and a Portion of Four PFFP and as approved by the Directors of Development Services and
Public Works, or designees.
27. The Applicant shall submit Improvement Plans in confonnance with the City's Subdivision Manual
and obtain a Construction Permit. The Improvement Plan shall include but not be limited to:
i. Removal and replacement of any broken or damaged curb, gutter, 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.
ii. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk.
iii. 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.
iv. Install a Concrete bus pad and a bus shelter on Santa Diana Road.
v. Relocation of existing utilities, as determined by the City Engineer.
28. The Applicant shall obtain any and all permits required for the installation of public utilities (gas,
electric, water, cable, telephone).
29. 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.
30. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are
connected to public sewer.
PC Resolution DR]7-0026
January 24,2018
Page 6
31. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall
be privately maintained by the Applicant, until such time as the facilities are transferred to an HOA
or other party, from each building unit to the City-maintained public facilities.
32. The Applicant shall design all proposed sidewalks, walkways, pedestrian ramps, and disabled
parking to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards,
as applicable.
33. Prior to Grading or Street Improvement Plan approval, the owner/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
http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted files.
34. Prior to Improvement Plan or Building Pen-nit approval, whichever occurs first, the Applicant shall
obtain an Encroachment Pen-nit for any private facilities within the public right-of-way or City
easement.
35. No building, structure, or surface improvements shall be constructed over the City of San Diego
waterline easement or fee title property without written permission from the City of San Diego.
Fire Department
36. The Applicant shall apply for and obtain all required Building Pen-nits. 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.
II. The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
1. The Applicant shall install all landscaping and hardscape improvements in accordance with the
approved Landscape Plan.
2. Approval of the Design Review Pen-nit does not waive Owner's/Applicant's obligation to comply
with all sections of Title 19 of the CVMC, 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.
3. 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,
PC Resolution DR 17-0026
January 24, 2018
Page 7
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.
4. 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.
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 hereby execute this document signing on the lines provided
below, acknowledging 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 returned to the City's Development Services Department.
rn
"dig ature of Property Owner D to
R Village 2 R-16A
Printed Name of Property Owner
J
Si ature of Applicant Date
..,, iPt '. ; .�"w
Printed Name of Applicant
PC Resolution DR17-0026
January 24, 2018
Page$
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
fiirther 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 teen, 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.
Presented by : Approved as to form by:
Kelly Brough n GleGo - �
Director of Development Services t ' City ATOw
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of January 2018,by the following vote, to-wit:
AYES: Anaya, Burroughs, Gutierrez, Milburn, Zaker
NOES: N/A
ABSENT: Nava
ABSTAIN: Calvo - recused �
(__'Gabe-e Gutierrez Chair
r
AT ST:
Patricia Laughlin, Secret r