Loading...
HomeMy WebLinkAboutResolution 2023-23 Attachment 3 RESOLUTION NO. 2023-23 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING DESIGN REVIEW PERMIT DR22-0011 FOR 175 DWELLING UNITS ON PARCELS R-6 AND R-20 TOTALING 16.04 ACRES WITHIN THE OTAY RANCH VILLAGE THREE AND A PORTION OF VILLAGE 4 SECTIONAL PLANNING AREA WHEREAS, on April 12, 2022, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Lennar Homes of WHEREAS, the Applicant requests approval of a Design Review Permit 175 for-sale residential units located on two previously graded parcels totaling 16.04- the Otay Ranch Village Three North and a Portion of Village Four Sectional Planning Area WHEREAS, the area of land which is the subject of this Resolution is made up of two parcels (R-6 and R-20), located south of Main Street and east of Heritage Road (the and WHEREAS, the site is zoned RM-1, which allows a residential density of 11-18 units per acre, and the Village Three and a Portion of Village Four SPA states that all projects in the RM-1 with lot sizes under an average of 2,700 square feet and not serviced by alleys or common courtyards are subject to Major Design Review; and Preserve Edge along the southern edge of the Project Site; the Village Three and a Portion of District Regulations state that any uses proposed 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 Preserve Edge are consistent with the Village Three and Portion of Village 4 WHEREAS, the Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the potential environmental impacts resulting from the Project were adequately covered and studied in a 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, City staff recommends approval and adoption of DR22-0011; and PC Resolution 2023-23 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 and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the Chula Vista Planning Commission has reviewed and considered all materials for DR22-0011 and the Project; and WHEREAS, the hearing was held 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 Three and a Portion of Village 4 SPA Plan, the PCDR, the Village Three Design Plan, and the Landscape Master Plan requirements. In accordance with the Village Three SPA Plan, the Project has a density of 13.5 units per acre for R-20 and 13.4 dwelling units per acre for R-6. The maximum height of the 2-story residences will be 27-feet and the maximum height for the triplex will be 35-feet. 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 Three and for the surrounding Otay Ranch community. The proposed Project is a permitted use within the RM-1 Zone and meets the PCDR and Village Three Design Plan requirements in terms of site layout, setbacks, building height, circulation, parking, access, and landscape. The landscape design and plant palette conform to the Village Three SPA Landscape 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 Three SPA Plan, its PCDR, its Village Three Design Plan, and its Landscape Master Plan. The Project adheres to the Village Three SPA Plan and its PCDR and its Village Three Design Plan, which are intended to include a variety of housing types with an agrarian theme for architectural design. The multi-family parcels R-6 & R-20 provide a high-quality living environment and a harmonious mixture of duplex and detached residences that vary between two- and three-stories. The Project Site was designed with a private drive looping through both parcels and multiple pedestrian access points. The Project Site will include attractive landscape and lighting features to enhance the pedestrian experience in and around the site, which is consistent with the Village Three SPA Landscape Master Plan. PC Resolution 2023-23 BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings above, does hereby approve the Design Review Permit DR22-0011 subject to the following conditions: I. The following conditions and requirements shall be accomplished to the satisfaction of the Director of Development Services or designee, prior to issuance of Building Permits, unless otherwise specified: Planning 1. The Applicant shall maintain the Project Site in accordance with the approved plans, which include site plans, landscape plans, and elevation plans on file in the Planning Division, and in accordance with the conditions contained herein, and with Chula Vista Municipal 2. The conditions of approval for DR22-0011 shall be applied to the subject property until such time as the approval may be revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 3. The colors and materials specified on the building plans shall be consistent with the colors and materials shown on the plans approved by the Planning Commission on December 13, 2023. 4. Performance Standards: Buildings shall be designed to minimize energy consumption, in compliance with California Building Energy Efficiency Standards, Title 24, Parts 6 and 11. 5. The Project shall conform to Sections 9.20.035 and 9.20.055 of the Chula Vista Municipal Code regarding graffiti control or as approved by the Director of Development Services. 6. 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. 7. 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 Director of Development Services. Such screening shall be architecturally integrated with the building design. 8. All exterior lighting shall include shielding to remove any glare from adjacent residents and adjoining properties, as well as the Multiple Species Conservation Program preserve area. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved prior to the issuance of any Building Permit. 9. The Applicant and Project 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 for FEIR 13-01 / SCH PC Resolution 2023-23 #2013071077, Resolution No. 2014-232, for the Otay Ranch University Villages Project, within the timeframe specified in the MMRP. 10. The parking areas or other common areas on the Project Site shall be landscaped in accordance with Shade Tree Policy 576 -19, the Village Three Design Plan and Landscape Master Plan. 11. Consistent with the Chula Vista MSCP Subarea Plan, Otay River Valley Preserve Design Standards Guidelines (Section 5, Private Development Guidelines) and brush management zone/Preserve Edge is provided outside of the Preserve. Native plants (non-irrigated) will be used on manufactured slopes within half of the Preserve Edge area. However, consistent with the Chula Vista MSCP, the first 50 feet of the Brush Management Zone will be irrigated and planted with native plant species. Temporary irrigation may be utilized outside the first 50 feet of the Brush Management Zone during the plant establishment period, subject to approval of the Director of Development Services. In addition, consistent with the Village Three Fire Protection Plan, the plantable walls must be permanently irrigated. The Preserve Edge Plan provides detailed irrigation requirements. 12. Masonry walls or fences six feet in height, from the highest finished grade, shall be required where needed for noise attenuation as shown on the Wall and Fencing Plan in the Village Design Plan or as required by a site-specific noise study. 13. The Projects shall conform to the solid waste and recycling guidelines. 14. Recreational vehicle (including campers, boats and trailers) parking areas are prohibited. 15. Prior to recordation of a Final Map for the Project, the Applicant shall submit Covenants, Conditions No. 34 of -300. 16. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. Landscaping requirements shall be met by either builder or developer installation, or for single-family development, by requiring through CC&Rs for the Project Site or other restrictions that individual homeowners install their front yard landscaping within one year of occupancy. 17. All utility connections shall be coordinated architectural elements so as not to be exposed, except where required by a utility provider. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment as approved by each utility provider. PC Resolution 2023-23 Land Development 18. The Applicant and Project shall comply with all requirements and guidelines of the Otay Ranch Village Three SPA, its PCDR, its Master Precise Plan, and its Landscape Master Plan; the CVMC; 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 Manual; the City of Chula Vista Grading Ordinance No. 1797; and the State of California Subdivision Map Act or other applicable law or regulation. 19. The Applicant shall comply with all applicable conditions of approval for Tentative Map No. CVT 20-0005. 20. All driveways shall conform to the in accordance with Section 12.12.130 of the CVMC and Chula Vista Standard Drawing RWY- Also, landscaping, street furniture, or signs shall not obstruct the visibility of the driver at the street intersections or driveways. 21. The Applicant shall deposit any applicable fees in accordance with the City Master Fee Schedule for any required submittals per the Subdivision Manual and Municipal Code. 22. Streets or driveways within the Project shall be designated as private. 23. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for 24. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disabilities Title 24 standards, as applicable. 25. The public 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. 26. The Applicant shall apply for a Grading Permit prior to beginning any earthwork activities and before issuance of any Building Permit in accordance with 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 PC Resolution 2023-23 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. 27. Prior to issuance of Grading, Construction, and Building permits, the Applicant shall document on applicable plans compliance with the requirements pertaining to 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. 28. Applicant and Property Owner must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain all permanent BMPs located within the project prior to issuance of any Grading, Construction or Building Permits, whichever occurs first. 29. Prior to the issuance of any Building Permit within the Project, the Applicant shall provide the City with proof of Pad Certification. 30. 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. 31. 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. 32. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. Utilities Trenching and Restoration shall be per Chula Vista Construction Standard GSI-03. 33. It responsibility to identify, process, and obtain any required permit from any agency or/and jurisdiction for the project, prior to issuance of any City permit. 34. A Construction Permit will be required for all work proposed in the City's right-of-way. 35. 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. PC Resolution 2023-23 36. 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. 37. 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 sewer built to public standards, then this plan set shall be routed through Land Development Division for processing and approvals. 38. Proposed private water and fire lines/structures shall be submitted on a separate Building Plan and permitted by the Building and Fire Departments. 39. Before issuance of the first Building Permit, provide a letter from Otay Water District. 40. Any private facilities (if applicable) within Public right-of-way, City easement, or City open space will require an Encroachment Permit prior to Building Permit approval. Any improvements in the right-of-way beyond the Project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved by the City Engineer. 41. A public drainage and access easement shall be required prior to Building Permit issuance. Easement shall be drivable, free from obstacles and allow maintenance vehicles for access and maintenance purposes. 42. A reciprocal easement for drainage and access between Lots 1 (R-20) and 2 (R-6) shall be required prior to Building Permit issuance. 43. The Storm Water Quality Management Plan submitted for the Project is considered 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. 44. The Drainage Report submitted for the Project 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 Subdivision Manual for review and approval. PC Resolution 2023-23 45. Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain and fund all Post Construction Permanent BMP facilities within the project to the satisfaction of the City Engineer, prior to the issuance of the Grading, Construction, or building permit, whichever occurs first. 46. Prior to any grading activity or Building permit issuance, Applicant shall provide a complete and accurate Notice-of- edgement from the SWRCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 47. 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 48. Prior to the second submittal of the Building Permit set, the Applicant shall submit a complete set of onsite Landscape Improvement plans for review and approval. 49. All Landscape Improvement plans shall be approved by the Otay Water District and County of San Diego Department of Environmental Health as applicable, prio r to City approval. 50. 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 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: 51. 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. 52. 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 PC Resolution 2023-23 Professional Engineer with expertise in methane and Volatile Organic Compound mitigation, to the satisfaction of the City Building Official. Environmental Services 53. Prior to Building Permit issuance, the Applicant shall comply with the construction debris recycling requirements, including a performance deposit and Waste Management Report. Fire The following Chula Vista Fire Department 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. 54. enhanced construction requirements and approved and prohibited tree and plant lists. 55. 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 amended by City of Chula Vista. 56. Applicant shall submit the site access sheet with the transposed Chula Vista Fire Department Auto Turn detail (on a CVFD Details sheet) and auto turn results during the Building Permit submittal process. 57. 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. 58. 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 . 59. Fire hydrants shall be located and spaced in accordance with the CFC, Appendix C. 60. 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. 61. This Project shall be protected throughout by an approved automatic fire sprinkler system in accordance with National 13 D. Fire Sprinkler System laterals shall terminate inside of the building. 62. 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. PC Resolution 2023-23 63. 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. 64. 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. Please note to submit the site access sheet with the transposed CVFD Auto Turn detail (on a CVFD Details sheet) and auto turn results during the building permit submittal process. 65. ise Identification page: CVFD Fire Prevention Requirements, Forms, and Details. Premise Identification shall be shown on the Architectural Building Permit Plan submittal. 66. Plans shall show proposed locations for required illuminated directory in accordance with corresponding CVFD guideline. 67. Provide Illuminated Directory detail on landscape plans. 68. Plans for the design and construction of on-site/private underground fire service utilities are required to be included within a permit submitted to the Development Services Department in the form of a Private Utility Permit Plans or as a separate permit directly with the CVFD. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 69. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved Landscape and Improvement plans. 70. 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. 71. The Property Owner and Applicant shall and do agree to fully and timely indemnify, protect, reimburse, 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 compile a response to a Public Records Act request(s) to provide the record of proceedings materials for costs to retain its own defense counsel to defend any challenge to any Project- liabilities) incurred by the City arising, directly or indirectly, from (a) any environmental of this Design Review Permit and (c) 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 and PC Resolution 2023-23 compliance with this provision shall be binding on any and all of the Property 72. This Design Review Permit (DR22-0011) shall expire if not utilized within three years from the Planning Commission approval date (December 13, 2026) or the end of anyappeal period, unless the Applicant initiates an extension prior to expiration of the permit, in accordance with Section 19.14.600 of the CVMC. 73. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 74. Should conflicting wording or standards occur between these Conditions of Approval for DR22-0011, or between the Conditions of Approval for DR22-0011 and for Tentative Map No. CVT 20-0005, any conflict shall be resolved by the City Engineer or Development Services Director or their designee in a manner to ensure compliance with all applicable laws, regulations, standards, and guidelines for the Project and protection of the public interest. 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 havebeen 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 returned to the Development Services Department. Alex Plishner Date for Lennar Homes, LLC Applicant/Property Owner PC Resolution 2023-23 V.CONSEQUENCEOFFAILUREOFCONDITIONS 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 the ir 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 condition s 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. Laura C. Black, AICP for Jill S. Malland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of December 2023, by the following vote, to-wit; AYES: Burroughs, Combs, De La Rosa, Felber, Leal, Torres, Zaker NOES: ABSENT: ABSTAIN: Michael de la Rosa, Chair ATTEST: Mariluz Zepeda, Secretary