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HomeMy WebLinkAboutItem 2 Attachment 2 PC-Resolution DR20-0010 RESOLUTION NO. DR20-0010 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR20-0010 TO CONSTRUCT A 405-UNIT MULTI-FAMILY APARTMENT COMPLEX WITH ONE AND TWO-CAR GARAGES, CARPORTS, OPEN PARKING, CLUBHOUSE/FITNESS CENTER, AND RECREATIONAL AREAS WITH ASSOCIATED OPEN SPACE ON A 14.1-ACRE SITE LOCATED IN OTAY RANCH VILLAGE TWO,NEIGHBORHOOD R-25(A). WHEREAS, on May 11, 2020, 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 405-unit multi-family apartment complex with one and two-car garages, carports, open parking, clubhouse/fitness center, and recreational areas with associated open space on an 14.1-acre site located in Otay Ranch Village Two, Neighborhood R-25(A) (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-25(A) (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 certified Final Second Tier EIR (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 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, pursuant to the California Governor's Executive Order N-29-20 and the City of Chula Vista Director of Emergency Services' Emergency Order 002-B-2020, in the interest of the public health and safety, members of the Planning Commission and staff held a hearing via teleconference. In accordance with the orders, the public was able to view and participate in the meeting online and not at the Council Chambers, 276 Fourth Avenue, and said 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: PC Resolution DR20-0010 February 24,2021 Page 2 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 R25(A) 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 proposed 405 units (28.7 dwelling units (du)/ac) is consistent with the allowable density (29.0 du/ac) on the site. Some units will have a one or two-car garage that is adjacent to the first-floor units. The project requires 755 parking spaces and provides 768, consisting of 307 one & two-car garages, 230 carports, 214 standard parking spaces, and 17 accessible parking spaces located onsite. The maximum total building height of the townhomes is 36 feet, residential flats is 56 feet, and clubhouse building is 37 feet, whereas the maximum building height in accordance with the Residential Guidelines is 60 feet. 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 Sectional Planning Area (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. 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 DDA0683. 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. Additionally, the Project shall conform to Chapter 9.20 of the Chula Vista Municipal Code (CVMC)regarding graffiti control. PC Resolution DR20-0010 February 24,2021 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. 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 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. Land Development Division/Landscape Architecture Division 8. 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 City of Chula Vista Grading Ordinance No. 1797; the State of California Subdivision Map Act. 9. The Project shall comply with Tentative Map conditions in City Council Resolutions 2006- 157, 2006-156, and 2012-057. 10. The following fees will be required based on the Final Building Plans submitted (see link below to Development Checklist for more information): http://www.chulavistaca.gov/home/showdocument?id=8129 a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) 11. Payment of the Parkland 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 fee is adjusted on an annual basis on October 1 based on the Engineering News Record Construction Cost Index. Payment of the PAD fee rate in effect at the time of the issuance of the first Building Permit is required. PC Resolution DR20-0010 February 24,2021 Page 4 12. The Applicant must obtain a Grading Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with CVMC Chapter 15.04. 13. 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: a. Construction of driveway on Santa Liza Ave and Santa Carolina Rd; b. A new sewer manhole and sewer clean out; and C. Utilities Trenching and Restoration per CVCS GSI-03. 14. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 15. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with CVMC Section 12.12.120. Also, landscaping, street furniture, or signs shall not obstruct the visibility of drivers at the street intersections or driveways. 16. 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. 17. Prior to issuance of the first Building Permit for the Project, pad certification shall be obtained. 18. Prior to issuance of the first Building Permit for the Project, the Applicant shall provide to the City verification of service from the Otay Water District. 19. Prior to issuance of the first certificate of occupancy for the Project, the Applicant shall revise adjacent street improvement plans 06071 and 06052 to coordinate with the Lot R-25 Landscape plan. 20. Prior to issuance of the certificate of occupancy for the 50th residential unit, the Applicant shall repair, reinstate and install all Community Facilities District (CFD) maintained Landscape & Irrigation (L&I) improvements to adjacent streets shown on Improvement Plans 06071 and 06052. 21. The construction and completion of all improvements and release requirements shall be secured in accordance with CVMC Section 18.16.160. 22. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disabilities Act (ADA) Standards, and Title 24 standards, as applicable. PC Resolution DR20-0010 February 24,2021 Page 5 23. Any private facilities, including the proposed modular wetlands, located within the public right-of-way or City easement will require an Encroachment Permit prior to approval of the first Building Permit. Fire Department 24. The Applicant shall apply for required Building Permits and comply with applicable codes and requirements, including but not limited to: the current California edition of Building Code (CBC), Fire Code (CFC), and Mechanical Code. 11. The following on-going conditions shall apply to the Project Site as long as it relies on this 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 CVMC 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) 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 19.14.600 of the CVMC. 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 Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, PC Resolution DR20-0010 February 24,2021 Page 6 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 same. Upon execution, this document shall be signed and returned to the City's Development Services Department. 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 PC Resolution DR20-0010 February 24,2021 Page 7 resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this day of 20 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Gabe Gutierrez, Chair ATTEST: Patricia Salvacion, Secretary Presented by: Approved as to form by: Tiffany Allen Glen R. Googins Director of Development Services City Attorney