HomeMy WebLinkAboutDR20-0010 DocuSign Envelope ID:OB06DO8E-41 OF-4AB1-A646-27E1 B1 C2AA50
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:
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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.
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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.
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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.
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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.
II. 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,
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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.
Epacu$igned by:
/qR9'5k3/19/2021
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Signature of Property Owner Date
Nick Lee
Printed Name of Property Owner
EpacuSigned by:
� 3/19/2021
aask za,IK9Fw44rn„
Signature of Applicant Date
Nick Lee
Printed Name of Applicant
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify
all approvals herein granted, deny, or further condition issuance of all future building
permits, deny, revoke, or further condition all certificates of occupancy issued under the
authority of approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. Failure to satisfy the
conditions of this permit may also result in the imposition of civil or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition herein
stated; and that in the event that any one or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
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resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of February 2021, by the following vote, to-wit:
AYES: Burroughs, De La Rosa, Gutierrez, Milburn, Torres, Zaker
NOES:0
ABSENT: Nava pucu$iynedey:
ABSTAIN: 0 Z its : vy
A D t E254R D 7 EC)4F4
Gabe Gutierrez, Chair
ATTEST:
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Patricia Salvacion, Secretary
Presented by: Approved as to form by:
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Tiffany Allen Glen R. Googins
Director of Development Services City Attorney