HomeMy WebLinkAboutResolution 2023-10 Attachment 3
RESOLUTION NO. 2023-10
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING DESIGN REVIEW PERMIT (DR23-0002) FOR 220
RESIDENTIAL UNITS LOCATED ON 8.3 ACRES WITHIN OTAY RANCH
VILLAGE THREE AND A PORTION OF VILLAGE FOUR, R-19, KNOWN AS
ARTISAN APARTMENTS
WHEREAS, on February 6, 2023, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by Escaya Apartments
II, LLC (Applicant and Property Owner); and
WHEREAS, the Applicant requests approval of a Design Review Permit for Artisan
Apartments (the “Project”) within the Village Core of the Otay Ranch Village Three North and a
portion of Village Four Sectional Planning Area (“Village 3 SPA”); and
WHEREAS, the area of land which is the subject of this Resolution is made up of one
parcel (R19) within the Village Core, located south and east of the intersection of Heritage Road
and Paseo Cultura (the “Project Site”); and
WHEREAS, the site is zoned RM-2, which allows a residential density of 18-27 units per
acre, and the Village 3 SPA states that all projects in the RM-2 zone are subject to Major Design
Review; and
WHEREAS, the Project includes common usable open space amenities in the 100’
Preserve Edge along the eastern edge of the Project Site; the Village 3 SPA’s Planned Community
District Regulations (“PCDR”) state that any uses proposed within the 100’ Preserve Edge shall
be subject to review and approval of the Director of Development Serves in conjunction with the
Major Design Review process; and
WHEREAS, the Director of Development Services has reviewed the Project and
determined that the proposed improvements within the 100’ Preserve Edge are consistent with the
Village 3 SPA’s Preserve Edge Plan; and
WHEREAS City staff recommends approval and adoption of Design Review Permit
(DR23-0002) for the Project; and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act and has determined that the project was
adequately covered in previously certified Final Environmental Impact Report (FEIR 13-01 / SCH
#2013071077, Resolution No. 2014-232) for the Otay Ranch University Villages Project, dated
December 2, 2014. Thus, no further environmental review is required; and
WHEREAS, the Planning Commission 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
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and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the
hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for
the Project, the hearing was held on the Project at the time and place as advertised in the Chula
Vista City 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 3
SPA Plan, the PCDR, and the Landscape Master Plan requirements.
In accordance with the Village 3 SPA Plan, the Artisan Apartments project has a density
of 27 units per acre (220 residential units total) and is a maximum of 45-feet high (three-
story buildings). Required parking and open space are provided for its residents and guests.
Compatible with adjacent land uses such as town homes and mixed use
residential/commercial, the Project contributes to the City’s housing base and serves a need
in Village Three and for the surrounding Otay Ranch community. The proposed project is
a permitted use within the RM-2 Zone and meets the PCDR requirements in terms of site
layout, setbacks, building height, circulation, parking, access, and landscape.
The landscape design and plant palette conform to the City’s Landscape Water
Conservation Ordinance, promoting water conservation through the use of moderate and
low-water plant species, grouping of plant materials with similar water requirements and
implementing a low-volume and efficient automatic irrigation system.
2. The proposed project is consistent with the design and development standards of the
Village Design Plan and the Master Precise Plan.
The Project adheres to the Village 3 SPA’s Village Design Plan and Master Precise Plan
guidelines for a walkable community. The Project is located within a 10-minute walk to retail,
parks and a school. This multi-family apartment community provides a high-quality living
environment and a harmonious mixture of land uses. Residential buildings are located close to
the sidewalk and provide multiple pedestrian access points from the adjacent public sidewalks.
Parking is tucked behind or inside buildings, and attractive landscape and lighting features
enhance the pedestrian experience in and around the site. The architectural theme for the
Project is consistent with the agrarian theme for Village Three. Mandatory elements, such as
the well-articulated pedestrian entry on Corte Nueva, pedestrian links to the Promenade Trail,
and the landscaped buffer along the Preserve Edge are consistent with the Master Precise Plan
for the Village Core.
BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings
above, does hereby approve the Design Review Permit for 220 residential units subject to the
following conditions:
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I. The following shall be accomplished to the satisfaction of the Director of Development
Services or designee, prior to issuance of Building Permits for the Project, unless otherwise
specified:
Planning Division
1. Performance Standards: Buildings shall be designed to minimize energy consumption , in
compliance with California Building Energy Efficiency Standards, Title 24, Parts 6 and 11.
2. 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.
3. All ground-mounted utility appurtenances such as transformers, air conditioner
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
greatest extent possible.
4. Rooftop equipment shall be shielded from surrounding properties, including rooftop
equipment on those buildings fronting along Heritage Road, Paseo Cultura, and Corte
Nueva, to the greatest extent possible.
5. All exterior lighting shall include shielding to remove any glare from adjacent residents
and adjoining properties
6. Lockable, enclosed storage shall be provided on the balcony area and shall not impact the
required minimum balcony size of 60 square feet or the minimum balcony dimension of
six feet.
7. Prior to issuance of the first building permit, the Applicant will obtain approved addresses
for the Project.
8. Prior to approval of each residential Building Permit within the Project, the Applicant shall
provide evidence that each proposed residential unit to be constructed shall be located at
least 1,000-feet away from the active solid waste disposal areas of the Otay Landfill as
required by General Plan Policy E 6.4 and by Section 2.5 of the Amended and Restated
Otay Landfill Expansion Agreement. Notwithstanding the typically ministerial nature of
Building Permit approvals, the City shall have and retain discretion here to deny any
Building Permit Application for any residential lot or parcel that does not comply with the
1,000-foot separation requirement.
9. The Applicant shall implement, to the satisfaction of the Director of Development Services
and the City Engineer, the mitigation measures identified in the Mitigation Monitoring and
Reporting Program (“MMRP”) as part of the previously certified FEIR-13-01 covering the
Project, within the timeframe specified in the MMRP.
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Land Development Division
10. The Applicant shall comply with all applicable requirements and guidelines of the CVMC;
the Otay Ranch Village 3 SPA Plan; the PCDR; the Village 3 Design Plan; the Village 3
Master Precise Plan; the Village 3 Landscape Master Plan; 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 Best
Management Practices (“BMP”) Design Manual; the City of Chula Vista Grading
Ordinance No. 1797; and the State of California Subdivision Map Act.
11. The Applicant/Owner shall comply with all applicable conditions of approval for Tentative
Map No. CVT 20-0004.
12. All driveways shall conform to the City of Chula Vista’s sight distance requirements in
accordance with Section 12.12.130 of the CVMC or the Highway Design Manual. Also,
landscaping, street furniture, or signs shall not obstruct the visibility of the driver at the
street intersections or driveways.
13. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for
a Traffic Index of 5.
14. 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 Standards, and Title 24 standards, as applicable.
15. The Applicant shall apply for a Grading Permit consistent with the applicable provisions
of CVMC Title 15.04 and the Subdivision Manual, reviewed and approved by the Land
Development Division. This permit shall reflect all grading required to create building pads
and storm drainage systems necessary to address drainage leaving the site in addition to,
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 two-year, 10-year, and 50-year return frequency storms.
Drainage study shall also demonstrate that no property damage will occur during
the 100-year storm event.
c. Drainage study shall show any offsite flows.
d. All onsite drainage facilities shall be private.
16. The infrastructure that will serve the Project Site shall be constructed and fully operational
before the Final Building Inspection, to the satisfaction of the Director of the Development
Services Department.
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17. The Applicant shall provide evidence that the regional basin will be fully operational
prior to the first Building Permit. If the regional basin will not be fully operational, the
Applicant shall show and provide documentation for temporary onsite BMPs for the
proposed site improvements.
18. Prior to the issuance of any Building Permit within the Project, the Applicant shall
provide the City with proof of Pad Certification.
19. The following applies to all site retaining walls:
a. All retaining walls shall be noted on the Grading Plans and include a detailed wall
profile.
b. Structural wall calculations are required if walls are not built per San Diego
Regional Standard Drawings, or City of Chula Vista Construction Standards GRD-
05.
c. Retaining walls that will be part of a building wall must be approved as part of the
Building Permit for the Project.
d. Retaining walls around trash bins (if any) shall be noted on the Grading Plans and
called out per standard.
e. Retaining wall drains shall tie into the drainage system.
20. Any offsite work will require Letters of Permission from the offsite property owner(s) prior
to approval of the Grading Plan and issuance of a Grading Permit.
21. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
22. A Construction Permit will be required for all work proposed in the City's right-of-way.
23. Prior to issuance of the first Building Permit, the Applicant shall obtain a Construction
Permit to construct the private driveways and associated signage and striping on Corte
Nueva in accordance with City of Chula Vista Design Standard GSI-01. Sight visibility
requirements shall be met per CVMC Section 12.12.130.
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. Prior to construction of any private sewer and/or storm drain systems constructed to public
standards and to be inspected by Construction Inspection, the Applicant shall obtain a
Construction Permit for these improvements by processing a Private Improvement Plan
through Land Development Division.
26. Prior to construction of any private water and fire line/structure systems to be inspected by
the Building Department and the Fire Department, the Applicant shall obtain a Building
Permit and a Fire Permit for these improvements by processing a Private Improvement
Plan through the Building Department and Fire Department. If said improvements are
proposed on the same Private Improvement Plan set as private storm drain and private
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sewer built to public standards, then this plan set shall be routed through Land
Development Division for processing and approvals.
27. Proposed water and fire lines/structures shall be submitted on a separate Building Plan and
permitted by the Building and Fire Departments.
28. Before issuance of the first Building Permit within the Project, the Applicant shall provide
a “Will Serve” letter from Otay Water District.
29. Any private facilities (if applicable) within public right-of-way, City easement, or City
open space will require an Encroachment Agreement prior to Building Permit approval.
30. The Storm Water Quality Management Plan is considered conceptually complete and
provides adequate information on the projects BMP’s objectives to move forward into
Construction Drawing documents. There may be additional requirements set at the time the
development takes place and/or a Grading Permit is applied for, depending upon final plans
submitted for review and approval. Prior to the approval of Grading Plans, the Applicant
shall submit a final Storm Water Quality Management Plan based on the latest BMP Design
Manual to the City for review and approval.
31. The Drainage Report is considered conceptually complete and provides adequate
information on the projects Drainage objectives to move forward into Construction
Drawing documents. There may be additional requirements set at the time the development
takes place and/or a Grading Permit is applied for, depending upon final plans submitted
for review and approval. Prior to the approval of Grading Plans, the Applicant shall submit
a final Drainage Report based on the latest requirements set forth in City’s Subdivision
Manual for review and approval.
32. The Applicant is advised that there may be additional requirements set at the time his/her
development takes place and/or when Building, Grading, Construction Permits are
applied for, depending upon final plans submitted for said Permits. Conditions provided
at Design Review are based solely on the conceptual plans that were submitted for
Design Review purposes.
Landscape Architecture Division
33. Prior to the second submittal of the building permit set, the Applicant shall submit a
complete set of Landscape Improvement plans for review and approval by the Director of
Development Services or designee. For further information about submitting landscape
improvement plans and to download a Landscape Improvement review packet, see the
following link. https://www.chulavistaca.gov/departments/development-
services/resources/dsdformsspecifications. Said plans shall conform to the following City
documents, including but not limited to:
a. Landscape Water Conservation Ordinance (“LWCO”), Chapter 20.12 of the
CVMC
b. City of Chula Vista Landscape Manual
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c. Shade Tree Policy (576-19)
34. All Landscape Improvement plans shall be approved by the Otay Water District and
County of San Diego Department of Environmental Health as applicable, prior to City
approval.
35. Prior to the final building inspection, the Applicant shall have installed landscape
improvements associated with the Project, per all approved Landscape Improvement plans
to the satisfaction of the City of Chula Vista Landscape Inspector and of the Director of
Development Services or designee.
Building Division
The Applicant shall address the following Conditions of Approval at the time of Building Permit
submittal to the satisfaction of the Building Official or designee:
36. This Project shall comply with the California Building Code, California Mechanical Code,
California Plumbing Code, California Electrical Code, California Fire Code and California
Energy Code, as adopted and amended by the State of California and the City of Chula Vista
currently in effect at the time of Building Permit application, as well as the Green Building
ordinance (CVMC Chapter 15.12) and all other locally adopted city and state requirements.
37. Building Permit applications shall include mitigation measures which include passive sub-slab
ventilation and membrane systems, per State of California Department of Toxic Substance
Control requirements. The mitigation measures shall be designed and stamped by the
Applicant’s California licensed Professional Engineer with expertise in methane and VOC
mitigation, to the satisfaction of the City Building Official.
ECONOMIC DEVELOPMENT DEPARTMENT – Environmental Division
38. Prior to Building Permit issuance for the Project, the Applicant shall comply with the
construction debris recycling requirements, including a performance deposit and Waste
Management Report.
FIRE DEPARTMENT
The following Chula Vista Fire Department (“CVFD”) Conditions of Approval are general
requirements that the Applicant shall address at the time of Building Permit submittal for the
Project to the satisfaction of the Fire Marshall or designee.
39. The Project shall comply with the Village 3 SPA’s Fire Protection Plan, including
enhanced construction requirements and approved and prohibited tree and plant lists.
40. 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 the Building Code & Fire Code (“CFC”) as amended by City of Chula Vista.
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41. Plans for the design and construction of private underground fire service utilities are
required to be included within a permit submitted to the Development Services Department
in the form of Private Utility Permit plans or as part of the Architectural Building Permit
plans.
42. Where a portion of the building is more than 400-feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site
fire hydrants and/or improvements to the existing public water main shall be made.
43. Fire hydrants shall be located and spaced in accordance with the CFC, Appendix C.
44. The location of the fire department connection shall be within 50 feet of a fire hydrant.
45. Regardless of hydraulic calculations, two points of connection to the public main are
required when the system serves three (3) or more fire hydrants. Distribution must be
configured to provide at least 50 percent of the required fire flow in case of a single break.
46. Fire Sprinkler System laterals shall terminate inside of the building.
47. Fire apparatus access roads shall be provided for every facility or building and shall extend
to within 150 feet of all portions of the facility and all portions of the exterior walls of the
first story of the building as measured by an approved route around the exterior of the
building.
48. Fire apparatus access road dimensions shall be a minimum of 20-feet in width and have an
unobstructed vertical clearance of 13 feet 6 inches. The Applicant shall perform an Auto-
Turn analysis using CVFD auto turn data and transpose the analysis onto the Site Plan.
Dead end fire apparatus access roads in excess of 150-feet in length shall be provided
with an approved area for turning around fire apparatus, with the exception of the dead
end access road fronting Building 8 (Private Drive D), which has been approved by the
CVFD.
II. The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
49. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved Landscape and Improvement plans.
50. The Applicant/Owner shall comply with all applicable mitigation measures in accordance
with FEIR 13-01.
51. 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.
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52. The Property Owner and Applicant shall and do agree to fully and timely indemnify,
reimburse, 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 any costs and expenses
to prepare the administrative record for any challenge to the Project approvals and/or
compiling a response to a Public Records Act request(s) to provide the record of
proceedings materials for the Project, the City’s costs to retain its own defense counsel to
defend any challenge to any Project -related approvals, court costs and attorney’s fees
(collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) any
environmental determinations; (b) City’s approval and issuance of this Design Review
Permit 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 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.
53. The Applicant shall comply with all applicable requirements and guidelines of the City of
Chula Vista General Plan and the Otay Ranch General Development Plan, CVMC Section
19.92.030, the Village 3 SPA Plan and its appendices, the Village 3 Landscape Master
Plan, and the Village 3 Master Precise 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.
54. This Design Review Permit (DR23-0002) shall expire if not utilized within three years
from the Planning Commission approval date (April 26, 2026) or the end of any appeal
period, unless the Applicant initiates an extension prior to expiration of the permit, in
accordance with Section 19.14.600 of the CVMC.
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
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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 returned to the City’s Development Services Department.
________________________________ _______________________
Erin Ruhe, Vice President Date
Escaya Apartments II, LLC
Property Owner and 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.
Presented by: Approved as to form by:
_________________________ _____________________
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
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PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th day of April 2023, by the following vote, to-wit;
AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Zaker
NOES:
ABSENT: Torres
ABSTAIN:
_________________________
Max Zaker, Chair
ATTEST:
________________________
Patricia Salvacion, Secretary
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