HomeMy WebLinkAboutDR17-0025 RESOLUTION NO.DR17-0025
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR17-0025
TO CONSTRUCT A 297-UNIT MULTI-FAMILY ATTACHED APARTMENT
COMPLEX WITH ONE-CAR GARAGES, CARPORTS, OPEN PARKING,
CLUBHOUSEXITNESS CENTER, AND RECREATIONAL AREAS WITH
ASSOCIATED OPEN SPACE ON AN 8.7 ACRE SITE LOCATED IN OTAY
RANCH VILLAGE TWO,NEIGHBORHOOD R-12B.
WHEREAS, on June 29, 2017, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by Baldwin & Sons
(Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a 297-unit multi-family attached apartment complex with one-car garages,
carports, open parking, clubhouse/fitness center, and recreational areas with associated open
space on an 8,7 acre site located in Otay Ranch Village Two, Neighborhood R-12B (Project);
and
WHEREAS, the area of land that is the subject of this Resolution is an existing parcel
located in Otay Ranch Village Two,Neighborhood R-12B (Project Site); and
WHEREAS, The Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and determined that the
Project was covered by previously adopted Final Second Tier Elft (EIR-02-02) for the Otay
Ranch Villages Two, Three and a Portion of Four Sectional Planning Area (SPA) 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 1
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
Two Sectional Planning Area (SPA) Plan and Planned Community (PC) District
Regulations.
PC Resolution DR17-0025
September 12,2018
Page 2
Neighborhood R-12B 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.
The allowable density on the site is a total of 300 units and the Applicant's proposal includes
297 units. Some units will have a one-car garage that is adjacent to the first floor units. The
project requires 550 parking spaces, which are provided by 85 one-car garages, 196 carports,
189 standard parking spaces, 70 compact parking spaces, and 10 parking spaces for the
disabled located onsite. The total building height of the four-story residential buildings is 50-
ft., whereas the maximum building height in accordance with the Residential Guidelines is
60-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 Village Two SPA Design Plan.
The Project is in compliance with the Mutti-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. 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-1652.
2. 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,
3. 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 Director
of Development Services prior to the issuance of Building Permits. Additionally, the Project
shall conform to Chapter 9.20 of the Chula Vista Municipal Code (CVMC) regarding graffiti
control.
PC Resolution DR17-0025
September 12,2018
Page 3
4. 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.
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 to the satisfaction of the
Development Services Director.
5. All exterior lightning 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.
7. The Applicant shall obtain approval of a sign permit for each sign by the Development
Services Department. Signs shall comply with all applicable requirements of the CVMC.
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Land Development Division/Landscape Architecture Division '
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S. The following fees maybe adjusted based on the final Building Plans submitted:
a. Sewer Connection and Capacity Fees
b. Traffic Signal. Fees
c, Park Acquisition and Development(PAD)Fees
d. Public Facilities Development Impact Fees (PFDIF)
e. Eastern Transportation Development Impact Fees (WTDIF) j
f. Other Engineering Fees as applicable per the City's Master Fee Schedule.
9. 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:
a) Grading Plans
b) Street Improvement Plans
c) Construction Permit
d) Tentative Map, and Final Map
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10. 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.
11. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is required
prior to the issuance of the first Building Permit in accordance with CVMC 17.10. 100, The
PAD fec is adjusted on an annual basis on October 1 based on the Engineer Construction
Cost Index. The payment of PAD fee amount in place at the time of the recording of the
Final Map is required. Credit will be awarded for existing buildings on the site.
PC Resolution DR 17-0025
September 12,2018
Page 4
12. 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.
13. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance with Section's 12.12.120 and 12.12.130 of the CVMC. Also, landscaping, street
furniture, or signs shall not obstruct the visibility of motorists at street intersections or
driveways.
14. Streets or driveways within the complex shall be designated as private.
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15. The Applicant must 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 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. All onsite drainage facilities shall be private. }
e. Any offsite work will require Letters of Permission from the property owners).
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16. The Applicant shall provide 2 copies of the following technical reports with the V submittal
of Grading Plans:
a. Drainage Study
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b. Storm Water Quality Management Plan(SWQMP)
c. Geotechnical Report
17. 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 Plans
shall include but not be limited to:
a, Sewer lateral and storm drain connections to existing public utilities. Utilities
Trenching and Restoration shall be installed in accordance with CVCS-3 &4, The
Public Works Operations Section will need to inspect any existing sewer laterals
PC Resolution DR]7-0025
September 12,2018
Page 5
and connections that are to be used by the new development. Laterals and
connections may need replacement as a result of this inspection.
1.8. 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.
19. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
20. Any private facilities (if applicable) within Public right-of--way or City easements will
require an Encroachment Permit prior to Improvement Plan or Building Permit approval.
21. 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.
22. The proposed driveway on Santa Venetia Street shall be exit only to alleviate traffic concerns
along Santa Venetia Street.
23. Prior to the approval of the first Building Permit, the Applicant shall submit full Landscaped
and Irrigations Plans for review and approval by the City's Landscape Architect.
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Fire Department
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24. For 134,588 square feet of Type V-A construction, the Project will require a fire flow of
4,875 gallons per minute for a 4-hour duration measured at 20 p.s.i. Chula Vista Fire
Department (CVFD) staff will produce and send a water letter to the respective water
authority to determine if the fire flow demand is available.
25. Based upon the required fire flow for Type V-A construction type, a minimum of 7 fire
hydrant(s) is required to serve the Project.
26. Where the site requires more than(2) fire hydrants a second point of connection is required.
27. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix
C. Based upon the required fire flow for this project, fire hydrants shall be located with an
average spacing of 250 feet. The maximum distance from any point along a fire apparatus
access road to a fire hydrant shall not exceed 150 feet. Existing fire hydrants can be
considered to meet spacing requirements.
28. Where a portion of the building is more than. 400 feet from a fire hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site fire
hydrants and mains shall be provided. All exteriors walls of a building shall be within 400
feet of a fire hydrant.
PC Resolution DR 17-0025
September 12,2018
Page 6
29, The Civil Engineer who designed the water system shall certify that this water system is in
accordance with the requirements as prescribed by the Chula Vista Fire Prevention Division,
the CFC and NFPA 24. This certificate shall be accomplished with a wet stamp and signature
on the submitted plans.
30. Underground fire service shall be provided with thrust blocks and/or restraint to prevent
movement of piping. Plans shall indicate locations of thrust blocks and compliance with
CVFD standard detail for thrust blocks. If restraint is used, all supporting documentation
shall be included on plans.
31. The Applicant shall provide class 235 piping for all underground fire service utilities for
systems with pressures that does not exceed 154 p,s,i. Systems that exceed 150 p.s.i shall be
provided with class 305 pipe.
32. A fire service study shall be 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 shall show that the required fire €
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flow is available at the hydrants and that, independently, the sprinkler demand is available at
the most demanding sprinkler riser.
33. The Applicant shall provide a deferred submittal section/note that indicates the following:
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Plans for the design and installation of the fire protection system(s) are a deferred
submittal and shall be submitted and approved, prior to any installation work, to CVFD
Fire Prevention Division located at 276 Fourth Ave, Bldg. C. (619) 691-5029" List the
systems to be submitted.
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11. The following on-going conditions shall apply to the Project Site as long as it relies on this 4
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 and maintain 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 CVMC, 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,
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)
PC Resolution DR17-0025
September 12,2018
Page 7
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 19.14.604 of the Municipal
Code.
III. GOVERNMENT CODE SECTION 66020 NOTICE
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Pursuant to Government Code Section 66020(d) (1),NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of an 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 Government Code Section 66020(a) and failure to s
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 co ons contained herein, and will implement same. Upon execution, this
document s b signed and returned to the City's Development Services Department,
Signature of Property Owner Date
_Al rc _K__ Let
Printed Name roperty Owner
1Z Lq/I q ..... .._
51idature of Applicant Date
�1 LILmm L�
Printed Name of Applicant
PC Resolution DR 17-0025
September 12, 201.8
Page 8
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. 1
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Presented by: Approved as to form by:
T 1
K.el rough on,FASLA Glen oogi s
Director of Development Services 'ty Atto ey
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PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHiULA VISTA, CALIFORNIA,this 12th day of September 2018,by the following vote, to-wit:
AYES: Anaya, Burroughs, Gutierrez, Zaker
NOES: NIA
ABSENT: Calvo, Milburn,Nava
ABSTAIN: NIA
utierrez, Chair
A EST:
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Pat Laughlin, Board Secr to