HomeMy WebLinkAboutAttachment 9 - Draft City Council Design Review Resolution
RESOLUTION __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN REVIEW PERMIT
DR17-0037 TO CONSTRUCT A MIXED-USE PROJECT
CONSISTING OF A 578 UNIT APARTMENT COMPLEX,
15,000 SQUARE FEET OF RETAIL USE, TWO INTEGRATED
PARKING STRUCTURES ON TWO LOTS CONSISTING OF
10.4 ACRES LOCATED IN THE OTAY RANCH FREEWAY
COMMERCIAL NORTH, NEIGHBORHOOD PA-12
I. RECITALS
WHEREAS, on November 6, 2017, a duly verified application for a Design Review
Permit was filed with the City of Chula Vista Development Services Department by
Baldwin & Sons, LLC (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of a mixed-use project consisting of 578 residential apartments, 15,000 square
feet of retail uses, two integrated parking structures on two lots consisting of 10.4 acres
(Project); and
WHEREAS, the Design Review application implements the Freeway Commercial
North SPA Plan Design Guidelines and Master Precise Plan; and
WHEREAS, staff recommends that, based upon the findings made, the City
Council approve the Design Review application DR17-0037; and
WHEREAS, The Director of Development Services has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the Project was adequately covered in previously adopted Final
Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional
Planning Area (SPA) Plan - Planning Area 12 (FEIR 02-04) (SCH#1989010154). The
Development Services Director has determined that only minor technical changes or
additions to this document are necessary and that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Service Director has caused the
preparation of a Third Addendum to FEIR 02-04; and
WHEREAS, the City Clerk set the time and place for the hearing on the Design
Review request and notices of said hearing, together with its purposes given by its
publication in a newspaper of general circulation in the City, and its mailings to property
owners within 500 feet of the exterior boundaries of the project site at least ten (10) days
prior to the hearing; and
WHEREAS, the duly called and notified public hearing on the Design Review was
heard before the City Council in the City Council Chambers in City Hall, 276 Fourth
Avenue.
Resolution No. ______
Page 2
II. DESIGN REVIEW FINDINGS/APPROVAL
NOW, THEREFORE, BE IT RESOLVED by the City Council 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 North Sectional Planning Area (SPA) Plan and Planned
Community (PC) District Regulations.
Neighborhood R/MU is designated Residential Multi-Family/Mixed-Use (R/MU) in
the PC District regulations of the Freeway Commercial North SPA Plan. The proposed
multi-family and retail mixed-use is permitted and meets all of the development
regulations as stipulated in the Otay Ranch Freeway Commercial North PC District
Regulations as conditioned.
The allowable density on the site is a total of 608 units. The Applicant is proposing to
build a total of 578 units in two separate buildings. Each building includes interior
parking in addition to guest parking. The project requires 444 parking spaces, and
provides 497 spaces within building A; and 572 required with 597 provided in building
B. The maximum allowable building height is 85 feet and the project proposes 58-feet
for the majority with 84 feet at the highest point for the project features (i.e. towers).
The lot area, floor area ratio, and setback requirements are subject to Design Review
(DR).
The site was intended for a mixed-use within a larger commercial serving a regional
market as well as providing residential homes in close proximity. The commercial retail
use, as proposed, will serve a local market demand, in addition to the demand of visitors
to the Chula Vista area.
2. That the proposed project is consistent with the design and development standards
of the Freeway Commercial North SPA Design Plan and Master Precise Plan.
The Project is in compliance with the Multi-Family/Mixed Use Freeway Commercial
North 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. Outdoor recreational areas for the residents and a plaza area are provided in
front of the retail shops which provides for a pedestrian oriented design in accordance
with the Otay Ranch Freeway Commercial North SPA Plan. A total of 1,016 parking
spaces are required. The project proposes 1,065 spaces. The total building height is five
stories, 58-feet. The lot coverage and setback requirement are subject to Design Review
(DR).
Resolution No. ______
Page 3
III. CONDITIONS OF APPROVAL
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 Permit, the Applicant shall
pay all applicable fees, including any unpaid balances of permit processing fees for deposit
account DDA-0092.
3. 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 City Council.
4. A graffiti resistant treatment shall be specified for all first floor wall and building surfaces.
This shall be noted for any building and wall plans and shall be reviewed and approved
prior to the issuance of Building Permits. 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.
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.
8. The Applicant shall provide a bus stop along Olympic Parkway in accordance with the
Metropolitan Transit System requirement.
Land Development Division/Landscape Architecture Division
The following shall be accomplished to the satisfaction of the City Engineer or designee,
prior to issuance of Grading or Building Permits, unless otherwise specified:
Resolution No. ______
Page 4
9. 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(PFDIF)
10. The Applicant shall satisfy all of its park obligations in accordance with the First
Amendment to Development Agreement for the Project, or as amended from time to time.
11. 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.
12. The Applicant shall provide a circulation analysis demonstrating:
a. Solid Waste Truck Movements.
b. How cars can turn around when pulling out from the garage.
c. Location of visitor parking.
13. The driveway within the complex shall be designated as private.
14. On May 2013, the California Regional Water Quality Control Board for the San Diego Region
reissued (SDRWQCB) a municipal storm water, National Pollutant Discharge Elimination
System (NPDES) permit (Municipal Separate Storm Sewer Systems Order No. R9-2013-0001
and as amended by Order Nos R9-2015-0001 & R9-2015-0100 \[MS4 Permit\]) that covered its
region.
15. The Project shall comply with all requirements of the MS4 Permit and City of Chula Vista Best
Management Practices (BMP) Design Manual, April 2019 and as amended (BMP Design
Manual) for both construction and post-construction phases of the Project. Prior to Planning
approval, documentation shall be provided, to the satisfaction of the City Engineer, to
demonstrate such compliance. The BMP Design Manual is available on the City of Chula Vista
website at: http://www.chulavistaca.gov/departments/public-works/services/storm-water-
pollution-prevention/documents-and-reports.
16. The Applicant is required to complete and submit the Storm Water Requirements Applicability
Checklist for All Permit Applications with any Planning Application request.
17. The following referenced forms shall be completed, signed by the owner, submitted to and
approved by Land Development Division. A Form can be found at the following link:
http://www.chulavistaca.gov/home/showdocument?id=12085
- “Storm Water Quality Management Plan, SWQMP for Standard Projects”
- “Construction Storm Water Pollution Control Plan CSWPCP, for standard Project”
Resolution No. ______
Page 5
18. Prior to the approval of the grading plans, the Applicant shall execute a Storm Water Facilities
Maintenance Agreement with Grant of Access and Covenants with the City for the proposed
BMPs for the site.
19. Prior to obtaining any Building Permit for the Project, or approval of the Final Map (whichever
occurs first), if the Project’s total on-site improvements exceed Engineering Threshold of
(currently: $57,653.00), per CVMC, Section 12.24.020, then the Applicant shall be required to
obtain a Construction Permit from the Land Development Section of the Department of
Development Services. (The On-Site Improvements Trigger for Installation of Public
Improvements is adjusted on an annual basis on July 1 based on the Engineer Construction
Cost Index, See Attachment). A Construction Permit is required to perform the following work
in the City’s right-of-way, which may include, but is not limited to: (For Commercial,
Industrial and Multifamily Residential, the following applies: 1. Limits the cost of
reconstructing existing street improvements to meet current standards to 25%of the building
permit valuation. 2. Requires Americans with Disabilities Act (ADA) pedestrian improvements
in the right of way, if any are lacking or substandard. The required ADA improvements would
be limited to 20% of the building permit valuation.)
a. Installation of a driveway(s) meeting design standards as shown in Chula Vista
standard detail CVCS-1B. Dedication of R/W as needed in order for driveway to
comply with American Disability Act (ADA) requirements.
b. Utilities Trenching and Restoration shall be installed in accordance with CVCS-3 & 4
20. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
21. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.180 of the Municipal Code.
22. 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. No sewer lines will be allowed to be
located under existing or proposed buildings. The Applicant shall indicate whether sewer lines
are private or public.
23. Sewer lateral and storm drain connections to existing public utilities - The Public Works
Operations Section will need to inspect any existing sewer laterals and connections that are to
be used by the new development. Laterals and connections may need replacement as a result
of this inspection.
24. 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.
25. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed
to meet the City of Chula Vista Design Standards, American Disability Act (ADA) Standards,
and Title 24 standards, as applicable.
Resolution No. ______
Page 6
26. Any private facilities (if applicable) within Public right-of-way or City easement will require
an Encroachment Permit prior to improvement plan or Building Permit approval.
27. All utilities serving the subject property and existing utilities located within or adjacent to the
subject property shall be under grounded in accordance with the applicable Chula Vista
Municipal Code Section. Further, all new utilities serving the subject property shall be under
grounded prior to the issuance of Building Permits.
28. The Applicant shall submit full landscape and irrigation plans for review and approval by
the City’s Landscape Architect.
The following shall be accomplished to the satisfaction of the City Fire Marshall or
designee, prior to issuance of Grading or Building Permits, unless otherwise specified:
Fire Department
29. The Applicant shall apply for 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.
30. For 313,019 square feet of Type VA/IA construction, this project will require a fire flow
of 5,880 gallons per minute for a 4-hour duration at 20 p.s.i.
31. Based upon the required fire flow for Type VA/IA construction type, a minimum of 8 fire
hydrants are required to serve this Project.
32. 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.
33. Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C.
34. A fire service study shall be performed that 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 flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
35. 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
Resolution No. ______
Page 7
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.
36. Buildings shall be provided with Knox appliances. Provide in accordance with Multi-tenant
standard detail (one required at each business suite).
Provide a Knox Vault at the main entrance to the building
Provide a Knox Box at the Fire control Room
37. The building(s) shall be addressed in accordance with the following criteria:
0 – 50ft from the building to the face of the curb = 6-inches in height with a 1-inch
stroke
51 – 150ft from the building to the face of the curb = 10-inches in height with a 1 ½
-inch stroke
151ft from the building to the face of the curb = 16-inches in height with a 2-inch
stroke
38. This Project is to be protected throughout by an approved automatic fire sprinkler system.
39. This Project is to be protected throughout by an approved fire alarm system
IV. The following on-going conditions shall apply to the project site as long as it relies on this
approval:
1. Approval of this request shall not waive compliance with any sections of the CVMC,
and any other applicable City Ordinances in effect at the time of building permit
issuance.
2. 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 actions on any environmental document concerning this Project, (b) approval of
this Design Review and (c) 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.
3. 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 Applicant
as to any or all of the property.
Resolution No. ______
Page 8
4. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City’s Growth Management Ordinance; Chula Vista Landscape
Manual; Chula Vista Landscape Water Conservation Ordinance; Chula Vista Design
Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of
the City Manager. These plans may be subject to minor modifications by the
appropriate department head, with the approval of the City Manager, however, any
material modifications shall be subject to approval by the Planning Commission.
5. 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
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 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.
V. 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 Government
Code 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 be signed and returned to the City’s Development
Services Department.
Resolution No. ______
Page 9
________________________________ _______________________
Signature of Property Owner Date
Freeway Commercial North, MUR
______________________________
Printed Name of Property Owner
________________________________ _______________________
Signature of Applicant Date
________________________________
Printed Name of Applicant
VII. 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.
VIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council 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.
BE IT FURTHER RESOLVED that the City Council, based on the above findings
and the evidence presented, hereby approves the subject Design Review Permit, DR17-
0037.
Resolution No. ______
Page 10
Presented by: Approved as to form by:
______________________ _______________________
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney