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HomeMy WebLinkAboutItem 3 - Attachment 2 - Resolution DR19-0019 RESOLUTION NO. DR19-0019 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING DESIGN REVIEW PERMIT DR19-0019 TO CONSTRUCT 280 MULTI-FAMILY UNITS WITH 428 PARKING SPACES, ON 11.6 ACRES WITHIN THE VILLAGE EIGHT WEST MASTER PLANNED COMMUNITY. APPLICANT: HOMEFED VILLAGE 8, LLC WHEREAS, on July 15, 2019, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by HomeFed Village 8, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to construct 280 multi-family units, and associated parking and open space within the Otay Ranch Village Eight West (Village 8 West) Plan Area (Project); and WHEREAS, the area of land which is the subject of this Resolution is made up of two existing parcels (Lots I and J), located in and adjacent to the Village 8 West Town Center (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 certified Final Environmental Impact Report, FEIR- 10-03, 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, 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 8 West Sectional Planning Area (Village 8 West SPA) Plan and Form-Based Code/Planned Community District Regulations. The proposed multi-family uses are permitted and meet all of the development requirements as stipulated in the T-4: TC (Town Center) and T-3: NC (Neighborhood Center) transect-zones as conditioned. 2. The proposed Project is consistent with the design and development standards of the Village 8 West SPA Plan and the Town Center Village 8 West Master Precise Plan. PC Resolution DR19-0019 May 27, 2020 Page 2 The Project complies with the Development Code and Community Design Guidelines of the Village 8 West SPA and the Design Guidelines of the Town Center Village 8 West Master Precise Plan and is consistent with the SPA density requirements. The proposed 280 multi- family apartment units are a permitted land use in the Village 8 West SPA. The Project is composed of Lots I and J and includes parking and open space amenities in accordance with the Village 8 West pedestrian connections from the homes to the surrounding public sidewalks, trail systems, as well as to future parks, commercial and office uses in the Town Center. 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, unless otherwise specified: DEVELOPMENT SERVICES DEPARTMENT Planning Division 1. The Project shall be developed and maintained in accordance with the approved plans for DR19-0019, which include Site Plans, Floor Plans, and Elevation Plans on file in the Planning Division, the conditions contained herein, and Title 19. 2. The Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DDA0484. 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. 4. The Project shall conform to Section 9.20.055 of the Chula Vista Municipal Code (CVMC) regarding graffiti control or as approved by the Director of Development Services. 5. All ground mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view to the extent possible and adequately screened using 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. 7. Lot J Design Review checklist, the Project shall provide pedestrian connections to eastbound Main Street and to the Regional Trail along La Media Parkway. In addition, Lot J shall include internal pedestrian connections, as well as pedestrian connections to adjacent public streets. For Lot I, the Project shall provide pedestrian connections within and through the site to surrounding pedestrian trails and sidewalks. PC Resolution DR19-0019 May 27, 2020 Page 3 8. All vehicular access points/pedestrian links shall include enhanced paving material consistent with the Master Precise Plan, as shown on the Landscape Concept Plan, Sheet L-1. DEVELOPMENT SERVICES DEPARTMENT Land Development Division 9. 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 Chula Vista BMP Design Manual; the City of Chula Vista Grading Ordinance No. 1797; and the State of California Subdivision Map Act. 10. The Applicant shall comply with all applicable conditions of approval for Tentative Map No. CVT 19-03. 11. Prior to issuance of Grading, Construction, and Building Permits the Applicant shall document on applicable plans compliance with the requirements pertaining to Best Management Practices (BMPs). The Applicant shall develop and implement post construction BMPs in accordance with the most recent regulations at the time of Grading and Building Permit issuance. 12. Prior to the approval of the first Building Permit, a Storm Water Facilities Maintenance Agreement shall be executed with Grant of Access and Covenants with the City for the proposed regional BMPs for Village 8 West. 13. Prior to the issuance of each Building Permit, the Applicant shall pay the following fees for that permit (fees are adjusted on October 1st of every year): a. Sewer Administrative Fee b. Traffic Signal Fee 14. Before the final inspection for the certificate of occupancy, the Applicant shall pay the following fees (fees are adjusted on October 1st of every year): a. Eastern Transportation Development Impact Fee b. Public Facilities Development Impact Fee c. Salt Creek Sewer Basin Development Impact Fee d. Parkland Acquisition and Development In-lieu Fees e. Sewer Capacity Fees f. Other Engineering Fees and deposits in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of Grading Plans, Improvement Plans, and/or Private Site Development Plans. 15. On-site drainage, potable water, and sewer systems shall be private. 16. The Applicant shall obtain a Construction Permit for private utility connections to the public mains prior to Building Permit issuance. This may be accommodated by either processing a construction change to the Town Center Improvement Plans or by applying for a separate Construction Permit. PC Resolution DR19-0019 May 27, 2020 Page 4 17. The Applicant shall obtain a Construction Permit to construct the private driveways and -of-way, prior to issuance of any Building Permit. This may be accommodated by processing a construction change to the Town Center Improvement Plans. 18. Prior to the first Building Permit issued for the Project, all fronting construction improvements shall be bonded. 19. The Applicant shall grant reciprocal access and utility easements to future owners of each lot. 20. The Applicant shall provide to the City verification of service from the Otay Water District. 21. The Applicant shall provide the City with proof of Pad Certification within the Project. 22. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. DEVELOPMENT SERVICES DEPARTMENT Landscape Division 23. Prior to the second submittal of the Building Permit plan set, the Applicant shall submit three (3) sets of complete Landscape Construction Plans in conformance with the City of Chula Vista Landscape Manual, Landscape Water Conservation Ordinance (LWCO), -19). 24. and signed. 25. The Landscape and Irrigation Plans shall include a note, located on the title sheet which describes the process/maintenance plan for the spraying of the mature Olive trees (to limit fruiting). 26. The Landscape and Irrigat box size or height & spread) within the plant legend. 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. 27. This Project shall comply with 2016 California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code and 2016 California Energy Code, as adopted and amended by the State of California and the City of PC Resolution DR19-0019 May 27, 2020 Page 5 Chula Vista. As well as the Green Building ordinance (CVMC 15.12) and all other locally adopted city and state requirements. 28. This Project must be designed by an Architect or Engineer licensed by the State of California. \[California Business and Professional Code 5536.1, 6735\]. ECONOMIC DEVELOPMENT DEPARTMENT Environmental Division 29. The Applicant shall comply with the construction debris recycling requirements, including a performance deposit and Waste Management Report. 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. 30. 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. 31. 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. 32. 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 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. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 33. The Applicant shall install all on-site landscaping and hardscape improvements in accordance with the approved Landscape Plan. 34. The Applicant shall comply with all applicable mitigation measures, per Final Environmental Impact Report (FEIR) 10-03. 35. 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. PC Resolution DR19-0019 May 27, 2020 Page 6 36. 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, oval and issuance of this Design Review Permit; (b) any determinations made by the City on any environmental review for the Project; and (c 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 ith this provision assigns. 37. 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 Government Code 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 Development Services Department. PC Resolution DR19-0019 May 27, 2020 Page 7 ________________________________ _______________________ Signature of Property Owner Date ________________________________ Printed Name of Property Owner ________________________________ _______________________ Signature of Applicant Date ________________________________ 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 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. PC Resolution DR19-0019 May 27, 2020 Page 8 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of May 2020, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Gabe Gutierrez, Chair ATTEST: ____________________________ Patricia Salvacion, Secretary Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney