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HomeMy WebLinkAboutResolution 2023-24 RESOLUTION NO. 2023-24 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING DESIGN REVIEW NO. DR22-0012 FOR A MIXED-USE DEVELOPMENT CONSISTING OF 599 MULTIFAMILY DWELLINGS AND 11,400 SQUARE FEET OF COMMERICAL SPACE ON A 21.9 -ACRE SITE WITHIN THE MIXED-USE ZONE OF THE OTAY RANCH VILLAGE TWO SECTIONAL PLANNING AREA WHEREAS on April 12, 2022, a duly verified application for Design Review was filed with the City of Chula Vista Development Services Department by Baldwin & Sons, LLC WHEREAS the Applicant requests approval of a mixed-use development consisting of 599 multifamily dwellings and 11,400 square feet of commercial space on Parcels C-1, MU-2, and MU-3 of the Otay Ranch Village Two Sectional Planning WHEREAS the proposed Project includes associated amenities, parking, and landscaping on an existing vacant 21.9-acre site on the northeastern, southeastern, and southwestern corners of the intersection of Santa Victoria Road and Santa Diana Road/Birch Road, otherwise identified by -310-09, 644-310-05, and 644-310- and WHEREAS, in accordance with California Government Code section 65915 et seq. Project is eligible for a 50 percent density bonus by way of providing 24 percent of the otherwise allowable number of dwelling units as deed-restricted, low-income residential units; and WHEREAS the original number of units allocated to the Project Site was 399, and the Applicant proposes to offer 94 units for low-income households, raising the number of allowable units to 599; and WHEREAS, as part of the density bonus application, the Applicant requests four (4) waivers or reductions of development standards: Reduction in required minimum parkingratios on the MU-2 parcel consistent with the State Density Bonus Law; Reduction in the minimum size required for private open space for 24 dwellings; Reduction in total common usable open space from 119,800 square feet to 114,685 square feet; and Reduction in public plaza space on the C-1 parcel from the minimumrequired 3,000 square feet to 2,787 square feet; and WHEREAS the Director of Development Services reviewed the proposed Project for Project is adequately covered in the previously adopted Final Supplemental Environmental Impact 1 PCResolutionNo.2023-24 ReportfortheOtayRanchVillageTwoComprehensiveSPAPlanAmendment(FSEIR 12-01; SCH #2003091012; and incorporated by reference in City Council Resolution No. 2014 - 207 on November 4, 2014); and WHEREAS the addition of 200 dwelling units in accordance with the State Density Bonus Law was studied for its potential additional significant impacts through a consistency analysis in accordance with sections 15162 and 15183 of the CEQA Guidelines, and the analysis found that there were no significant impacts that were not already contemplated in FSEIR 12 -01; that the impacts considered therein were not made substantially more severe by the addition of these units; and, therefore, no additional environmental review is required; and WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission to consider DR22-0012, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulatio n in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Project Site at least 10 days prior to the hearing; and WHEREAS the Chula Vista Planning Commission has reviewed and considered all materials for DR22-0012; 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. The development, as proposed and/or conditioned, is consistent with the Chula Vista General Plan and the Otay Ranch Village Two SPA, as well as the development regulations of the CVMC, the Otay Ranch Village Two SPA Design Plan and Master Precise Plan, and all other applicable development standards, and based on the following evidence received at the public hearing: a. The proposed Project is consistent with the Mixed-Use Residential designation in the General Plan and the uses permitted in the MU zone of the Otay Ranch Village Two SPA Plan. b. Appropriate building height and setbacks are determined through the Design Review process. The proposed Project provides building heights and setbacks consistent with other developments in the area. All areas of the Project Site not covered by structures, drives, parking, or hardscape has been designed such that 16 percent of the gross site area will be landscaped; the Otay Ranch Village Two SPA and the City of Chula Vista Landscape Manual require 15 percent to be landscaped. c. aivers, reductions, and/or concessions in accordance with the Density Bonus Law, particularly as they pertain to parking and PCResolutionNo.2023-24 open space,theproposedProjectmeetsallstandardsnotspecifically waived or reduced through application of the State Density Bonus Law. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, does hereby approve Design Review DR22 -0012, subject to the following conditions: I. Unless otherwise specified, the following shall be accomplished to the satisfaction of the Director of Development Services or their designee prior to issuance of building permits: Planning 1. The colors and materials specified on the building plans shall be consistent with the colors and materials shown on the site plan and colored building elevations approved by the Planning Commission. 2. A graffiti-resistant treatment shall be specified for all exterior wall and building surfaces. Additionally, the Project shall conform to CVMC Chapter 9.20 regarding graffiti control. 3. 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. 4. All ground-mounted utility appurtenances (transformers, air conditioning condensers, etc.) shall be located out of public view and adequately screened using a combination of concrete or masonry walls, berms, and/or landscaping. Transformers in the common areas shall be wrapped to blend in with the surrounding development or otherwise decorated so as to be unobtrusive. 5. All exterior lighting shall include shielding to reduce glare onto adjacent properties. Details for said lighting shall be included in the architectural plans. 6. The Applicant shall obtain a sign permit from the Development Services Department for each proposedsign. Signs shall comply with all applicable requirements of Chapter 19.60 of the CVMC and the Otay Ranch Village Two SPA Design Plan. 7. Prior to issuance of the first building permit, the Applicant shall enter into, execute, and record a Community Purpose Facility Agreement with the City to meet the obligation for provision of such facilities in accordance with the Otay Ranch Village Two SPA Plan and the CVMC. Housing 8. Prior to issuance of the first building permit, the Applicant shall enter into, execute, and record a Density Bonus Agreement (and such other agreements and PCResolutionNo.2023-24 CVMC Chapter 19.90 and the State Density Bonus Law) with the City on the Project Site. Terms of the agreement shall restrict 96 dwelling units for lease by low- income households for a period of 55 years. Land Development/Traffic 9. The Applicant shall comply with all requirements and guidelines of the CVMC; the Chula Vista Subdivision Manual; City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance (No. 1797); and the California Subdivision Map Act. 10. The Project shall comply with the Tentative Map conditions in City Council Resolution No. 2006-157 (Chula Vista Tract 06-05). 11. Prior to the final building inspection, the public infrastructure serving the Project Site shall be constructed and fully operational to the satisfaction of the Director of Development Services. 12. Prior to issuance of any building permit for the Project, a Certificate of Compliance shall be required for Lots 4, 5, and 9 of Map 15350. 13. Prior to issuance of any building permit for the Project, a Final Parcel Map shall be approved for the subdivision of Lots 4, 5, and 9 of Map 15350. 14. Prior to issuance of any building permit for the Project, existing easement(s) where proposed buildings are located shall be quitclaimed. 15. Prior to issuance of any building permit for the Project, existing easement(s) with proposed private improvements and grading shall be quitclaimed, or the Applicant shall provide a letter from each easement owner allowing construction of said private improvements. 16. Prior to any earthwork activities, the Applicant shall apply for a grading permit consistent with the applicable provisions of CVMC Chapter 15.04, the Chula Vista Design Manual, to be reviewed and approved by the Land Development Division. The application and permit shall reflect all grading required to create building pads and drainage systems necessary to address drainage leaving the site and shall include, but not be limited to, the following: PCResolutionNo.2023-24 a. Grading plans prepared by a registered Civil Engineer and approved by the City Engineer; b. A drainage study and geotechnical/soils investigations with the first submittal of grading plans. The drainage study shall calculate pre-development and post- development flows, show any offsite flows, and show how downstream properties and storm drain facilities are impacted. Drainage design(s) shall incorporate detention of storm water runoff if post-development flows exceed pre-development flows, and the analysis shall include flows from two-year, 10-year, and 50-year return frequency storms. The drainage study shall also demonstrate that no property damage will occur during the 100-year storm event; and c. All on-site drainage facilities shown as private facilities. 17. The following shall apply to all site retaining walls: a. When grading plans are submitted for a grading permit, all retaining walls shall be noted on the plans and include a detailed wall profile; b. Structural wall calculations shall be required if walls are not built per San Diego Regional Standard Drawings or Chula Vista Construction Standard GRD-05; c. Retaining walls that will be part of a building wall must be approved as part of the appropriate building permit(s) for the Project; d. Retaining walls around trash bins (if any) shall be noted on the grading plans and called out per standard; and e. Retaining wall drains shall tie into the drainage system. 18. Prior to issuance of a grading permit, a Letter of Permission to grade and/or construct offsite improvements shall be required for any work proposed on adjacent properties. 19. Prior to issuance of any building permit for the Project, all proposed improvements shown on City Drawing No. 06036 shall be constructed. 20. The Applicant shall obtain a construction permit or process a construction change to the existing improvement plan per City Drawing No. 06036 for any proposed work shown within the public right-of-way. 21. All driveways shall conform to the City of distance requirements in accordance with CVMC section 12.12.120 and Chula Vista Standard Drawing RWY-05 (Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall obstruct the visibility of drivers at street intersections or driveways. 22. Prior to issuance of any building permit for the Project, the Applicant shall submit an improvement plan and obtain a construction permit for sidewalks, curb and gutter, PCResolutionNo.2023-24 driveways, pedestrian ramps, tree wells, street lights, curb return pop-outs, associated signage, striping, and any other -of-way, which shall include but not be limited to: a. Driveways consistent with Chula Vista Standard Drawing GSI-0; b. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per Sand Diego Regional Standard Drawings G-02, G-07, and/or G-09 along the designed and constructed with proper transitions to the existing condition; and c. Removal of the temporary driveway exiting to La Media Road when it is no longer in use. 23. Traffic signal and striping improvement plans shall include the following: a. Signalization at the intersection of the western Project driveway and Birch Road, consistent with current City standards; b. Stop sign, limit line, and STOP pavement legend at the eastern Project driveway along Birch Road and driveways on Santa Victoria Road. Limit lines and STOP pavement legends shall be labeled to show proposed location. The limit lines shall be located in accordance with sight visibility triangle studies and the California Manual on Uniform Traffic Control Devices; c. New curb ramps to support crossing of all Project driveways; d. A traffic study evaluating the feasibility of dropping the Number 2 westbound travel lane on Birch Road. The Applicant is responsible for the completion of the traffic study and the implementation of any sign, striping, and/or marking recommendations in the study with the concurrence of the City Traffic Engineer; and e. The eastern Project driveway along Birch Road shown as driveway with right-in/right-out movement(s). 24. Streets or driveways within the Project Site shall be designated as private. 25. A private improvement plan and construction permit, processed through the Land Development Division, shall be required for private sewer and/or storm drain systems constructed to public standards and inspected by the Construction Inspection Division. 26. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required as necessary. Utilities trenching and restoration shall be completed per Chula Vista Construction Standard GSI-03. 27. Prior to issuance of any City permit, the Applicant shall identify, process, and obtain any required permit(s) from other agencies and/or jurisdictions for the Project. PCResolutionNo.2023-24 28. Any improvements in the public 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. 29. The Design Review Priority Development Project Storm Water Quality Management Plan is considered conceptual and provides preliminary information 30. The Design Review Drainage Report is considered conceptual and provides 31. Prior to issuance of the first of the grading, construction, or building permit(s), the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement for the perpetual maintenance and funding of all post-construction permanent BMP facilities within the Project to the satisfaction of the City Engineer. 32. The Applicant shall submit a detailed operation and maintenance plan for all permanent BMPs as required by the City to preserve the intended pollution control and/or flow control performance of the BMP(s). Upon completion of the BMPs/Project, the Applicant shall update/finalize the plan to reflect constructed structural BMPs with as- built plans and baseline photos. 33. If applicable, prior to grading permit issuance, the Applicant shall provide a complete vered under the Construction General Permit. A copy of the acknowledgement 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. 34. Prior to issuance of any building permit for the Project, the Applicant shall provide the City with proof of Pad Certification. 35. Prior to issuance of the first building permit, or prior to the first improvement plans District. PCResolutionNo.2023-24 36. The on-site 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. 37. All proposed sidewalks, walkways, pedestrian ramps, and accessible parkingfor people with disabilities shall be designed to meet City of Chula Vista Design Standards, Americans with Disabilities Act Standards, and California Code of Regulations Title 24 standards, as applicable. 38. Proposed private water and fire line structures shall be submitted on separate building plans and permitted by the Building Services Division and the Chula Vista Fire 39. The proposed trash enclosures shall be covered in accordance with the requirements of the current Chula Vista BMP Design Manual Fact Sheet SC-Q. 40. Prior to construction permit or building permit issuance, the Applicant shall obtain an encroachment permit for any private facilities within public rights-of-way and/or City easements. 41. Prior to approval of any building permit for the Project, the Applicant shall upload digital files in a .dwg or .dxf (AutoCAD version 2000 or above), ESRI GIS shapefile, digital submittal file upload website: https://www.chulavistaca.gov/goto/GIS. The files shall include a utility plan showing any and all proposed sewer or storm drains on th e site. The data upload site only accepts zip-formatted files. Fire 42. Building permits shall comply with applicable codes and regulations including but not limited to the current edition of the California Building Fire Code as may be amended by the City of Chula Vista, and the Otay Ranch Village Two Fire Protection Plan. 43. The Project must provide a fire flow of 6,000 gallons per minute for a four-hour duration at 20 pounds per square inch. Per CVMC section allows a 25 percent reduction in fire flow when the building is protected by an approved fire sprinkler system. 44. A minimum of seven (7) fire hydrants is required to serve the Project. 45. Where a portion of any building on the Project Site is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior PCResolutionNo.2023-24 of thebuilding,on-site fire hydrantsshallbe provided,and/orimprovementstothe existing public water main shall be made. 46. 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 Auto-turn Exhibit shall be CVFD Fire Prevention Requirements, Forms, and Details. 47. Per CFC section 903.2.8, the Project shall be protected throughout by an approved automatic fire sprinkler system in accordance with the adopted CFC and/or National 48. Standpipes are required for buildings that are four or more stories in height pursuant to CFC section 905.3 and CVMC section 15.36.060 for location requirements. Landscape Architecture 49. 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. 50. Prior to the final building inspection, the Applicant/Property Owner shall have installed the landscape improvements per the approved Landscape Improvement plans and have had said improvements inspected by City staff, to the satisfaction of the Director of Development Services or designee. II. The following ongoing conditions shall apply to the Project Site for as long as it relies upon this approval: 51. The Applicant shall maintain the Project in accordance with the approved plans for DR22- 0012, which include a site plan, floor plans, and elevations on file in the Development Services Department. The Project shall also maintain compliance with the conditions contained herein and the applicable provisions of the CVMC. 52. Approval of this Project shall not waive compliance with any provisions of the CVMC nor any other applicable laws and regulations in effect at the time of building permit issuance. 53. The Applicant/Property Owner shall and does hereby agree to timely and fully indemnify, protect, defend, and hold harmless the 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 the Project, the costs to retain its own defensecounsel PCResolutionNo.2023-24 to defend any challenge to any Project-related approvals, court costs and attorney fees (collectively, incurred by the City arising, directly or indirectly, from (a) the approval and issuance of this permit and (b) the approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and the Applicant shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below. The Applicant/Property compliance with this provision is an express condition of this permit and shall be binding on any and all of the successors and assigns. 54. The Applicant shall comply with all requirements and guidelines of the Chula Vista General Plan, the Chula Vista Landscape Manual, the Chula Vista Design Manual, and the Non-Renewable Energy Conservation 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. 55. This permit shall expire if not utilized within three (3) years of the approval date (December 13, 2026) or the end of any appeal period unless the Applicant initiates an extension prior to expiration of the permit in accordance with CVMC section 19.14.600. 56. 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. 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; that any such protest must be in a manner that complies with Government Code section 66020(a); and that failure to follow this procedure in a timely manner 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 the Project, nor does it apply to any fees, dedication, reservations, or other exactions that 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 Applicant/Property Owner shall execute this document by signing on the lines provided below, indicating that the Applicant/Property Owner has read, understood, and agreed to the conditions contained herein and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the PCResolutionNo.2023-24 Applicant/Property Owner, and a signed, stamped copy shall be returned to the Development Services Department. Failure to return the signed and stamped copy of this recorded document Project and corresponding application(s) for building permits and/or a business license be held in abeyance without approval. Applicant/Property Owner: Maria Miller Date for Baldwin & Sons, LLC V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fails to be met, or in the case that 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. Neither the Applicant/Property Owner nor a successor in interest of this permit. 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 automatically revoked and of no further force and effect. Presented by: Approved as to form by: Laura C. Black, AICP for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney PCResolutionNo.2023-24 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 NOES: Zaker ABSENT: ABSTAIN: Michael De La Rosa, Chair ATTEST: Mariluz Zepeda, Secretary