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HomeMy WebLinkAboutReso 2011-003RESOLUTION N0.2011-003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT FOR A PROPOSED 389 UNIT CONDOMINIUM PROJECT FOR 18.4 ACRES AT THE AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD I. RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Resolution is diagrammatically represented in "Exhibit A," attached to and incorporated into this Resolution, and commonly known as Olympic Pointe, and for the purpose of general description herein consists of 18.4 acres ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on April 12, 2010, by Integral Partners XXIV, LLC for Eastlake Project Owner, LLC ("Applicant"), requesting approval of a new 389 unit condominium project for the Project Site ("Project"); and C. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Subsequent Environmental Impact Report, Eastlake III Senior Housing Project, FEIR OS-02. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of subsequent documents have occurred; therefore, the Development Services Director has prepared an addendum to this document, Final Subsequent Environmental Impact Report, Eastlake III Senior Housing Project, FEIR OS-02; and D. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and Resolution No. 2011-003 Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on December 14, 2010, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regazd to the same; and WHEREAS, the City Council heard public testimony, closed the hearing and continued the item to the City Council meeting of January 11, 2011, to allow the applicant to work with staff to discuss any design concerns and at the discretion of the applicant w take the Project to the Design Review Boazd for review; and WHEREAS, at the request of the applicant, the Design Review Boazd reviewed the project on December 20, 2010 and held a public hearing on the Project on January 10, 2011; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on January 11, 2011, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Design Review Board, and to heaz public testimony with regazd to the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it fords, determines, and resolves as follows: III. DESIGN REVIEW FINDINGS/ APPROVAL A. THAT THE PROPOSED DEVELOPMENT, AS CONDITIONED, IS CONSISTENT WITH THE DEVELOPMENT REGLUATIONS OF THE PLANNED COMMUNITY, EASTLAKE VISTAS PLANNING AREA, RM-1 ZONE. The proposed project will comply with all development standards of the RM-1 development standards of the PC District Regulations as amended by the accompanying Ordinance regarding parking standards. B. THE DESIGN FEATURES OF THE PROPOSED DEVELOPMENT ARE CONSISTENT WITH, AND ARE A COST EFFECTIVE METHOD OF SATISFYING, THE EASTALAKE III SPA DESIGN GUIDELINES AND THE CITY OF CHULA VISTA DESIGN MANUAL AND LANDSCAPE MANUAL. The design features are consistent with the multi-family residential design standards contained in the City's Design Manual. Landscaping and open space have been provided as required by the multi-family open space requirements per Title 19 of the Chula Vista Municipal Code and the City's Landscape Manual. Resolution No. 2011-003 Page 3 IV. APPROVAL OF DESIGN REVIEW PERMIT Based on the findings above, the City Council approves the Design Review Permit subject to the conditions set forth below: A. The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified. Prior to, or in conjunction with the submittal of plans for the building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1627. The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the City Council on December 14, 2010, or as subsequently modified per their direction. Concurrent with the building permit submittal, provide a detailed landscape plan prepazed by a registered landscape architect for review and approval. Plans shall be prepared per Landscape Manual and CVMC requirements. Existing landscape that is to be reinstalled must utilize drought tolerant landscaping in compliance with Chapter 20.12 of the Municipal Code. No turf shall be used. The "Concept Design Statement, Design Objective" must include a reference to the Chula Vista Landscape Water Conservation Ordinance which states...and the Chula Vista Landscape Water Conservation Ordinance, Municipal Code Chapter 20.12". 4. 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 City. 5. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Development Services prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 of the CVMC regazding graffiti control. 6. The Applicant shall develop, submit and obtain approval of "Recycling and Solid Waste Management Plan" by the City's Conservation Coordinator. The synopsis of the plan shall be included in the notes on the Building Plans. The plan shall demonstrate those steps that the Applicant will take to comply with the Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert 50 % of the waste generated by commercial, residential and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The Plan shall include a statement of how the Applicant will implement and participate in the Recycling and Solid Waste Management Plan requirements and how yazd waste will be diverted. The proposed trash enclosure shall be designed with appropriate screening. Resolution No. 2011-003 Page 4 7. The Applicant shall implement to the satisfaction of the Development Services Director and the City Engineer the mitigation measures identified in the Final Environmental Impact Report, Eastlake III Senior Housing Project, FEIR OS-02 and associated Mitigation Monitoring and Reporting Program. 8. Applicant shall pay the following fees: a. Sewer Capacity Fees b. Traffic Signal Fees c. Development Impact Fees per Master Fee Schedule 9. Prior to issuance of Building Permits or prior to beginning any earthwork activities, development must obtain a Land Development Permit in accordance with Grading Ordinance No. 1797. 10. Prior to approval of grading and improvement plans, applicant shall indicate all sewer and drainage facilities will be private. 11. Applicant shall be required to obtain a construction permit from the Development Services Department to perform all work in the City's right-of--way, including: • Lateral connections to existing public utilities. Installation of driveway 12. Prior to approval of the first building permit or as otherwise determined by the City Engineer, the Developer shall: i. Design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads and associated equipment, underground improvements, standazds and luminaries at the Olympic Parkway/Project Driveway intersection. The design of the traffic signal shall be to the satisfaction of the City Engineer and conform to City standazds. Developer shall provide the following intersection geometry: a. Westbound: One left-turn lane (with 100 feet of storage) and two through lanes b. Northbound: One left-turn lane and one right-turn lane (with a storage length of 75 feet in each lane) c. Eastbound: One shazed through/right-tum lane and one through lane d. Southbound: None A traffic signal shall be installed at the project driveway and two outbound (northbound) lanes, one left-turn and one right-turn lane and two inbound (southbound) lanes shall be provided. Resolution No. 2011-003 Page 5 ii. Relocate the median opening on Olympic Parkway further west from its current location to accommodate the proposed project driveway. In addition, the applicant shall provide the pertinent landscape improvements to the satisfaction of the Director of the Development Services Department. iii. Provide pedestrian ramps along Olympic Parkway (within frontage of the project) to the satisfaction of the City Engineer. iv. Install a "No U Turn" sign for eastbound traffic on Olympic Parkway at the Olympic Parkway/Wueste Road intersection. The Developer shall fully design the aforementioned improvements in conjunction with the improvement plans for the related project to the satisfaction of the City Engineer. 13. Prior to issuance of grading permits, developer shall enter into a Storm Water Facilities Maintenance Agreement with the City before approval of the grading plans for the site. The Developer shall agree to install, inspect, maintain, repair and replace all private storm water management facilities within the Developer's project. 14. Developer shall present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. The Developer shall phase and install water system improvements as required by the Otay Water District. 15. Prior to issuance of grading permits, Developer shall obtain a letter of permission to grade from the US Olympic Committee for any work encroaching into the Olympic Training Center's property. 16. The Developer shall process a Final Map to divide the property into the proposed seven lots. The process of the Final Map shall be in compliance with the City's Municipal Code Chapter 18, the City's Subdivision Manual, and the Subdivision Map Act. 17. Prior to approval of the Final Map, the Developer shall submit and obtain the approval of the City of the Covenants, Conditions, and Restrictions (CC&Rs) for the project site. 18. Prior to issuance of grading permits, Developer shall design all grading work in accordance with Chula Vista Ordinance 1797, Chapter 15.04 of the Chula Vista Municipal Code, and the City of Chula Vista Subdivision Manual. In addition, development of this project shall comply with all requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2007-0001 (Municipal Permit), the City of Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP), the Chula Vista Municipal Code Chapter 14.20, and of the City of Chula Vista Development Storm Water Manual, as may be amended from time to time. Resolution No. 2011-003 Page 6 19. Developer shall provide evidence to the City Engineer that adequate sewer capacity does exist and that the City of San Diego Metropolitan Wasterwater Depatment ("Metro") has adequate sewage treatment capacity. All development must comply with the Municipal Code, specifically CVMC Sections 19.09.010 (A) 6 and 13.14.030. 20. Prior to approval of the Final Map, applicant shall obtain and dedicate to the City all the necessary easements for general utility and access purposes, as determined by the City Engineer. 21. Plans shall comply with Title 24 and 2007 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electric Code (CEC) and 2008 California Energy Code. Fire• 22. Comply with all requirements of the Chula Vista Fire Department including the following: a) Ensure that the Fire Protection Plan specific to the wild land interface is in place; b) provide a breakdown of building squaze footage and building construction type for each building in order to determine the projects fire flow; c) provide an updated water supply analysis (technical report) for review and approval. Said report shall be a node-to- node analysis using the Hazen-Williams Formula. The analysis shall show that the required fire flow is available at the hydrants and that simultaneously, the sprinkler demand is available at the most demanding sprinkler riser. B. The following on-going conditions shall apply to the property as long as it relies on this approval: 23. This permit shall become void and ineffective if not used or extended in accordance with Section 19.14.600 of the Municipal Code. 24. All landscape and handscape improvements shall be installed and maintained in accordance with the approved landscape plan. 25. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and other applicable City Ordinances in effect at the time of building permit issuance. 26. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council 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 G ~ - Resolution No. 201 1-003 Page 7 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. This condition may be modified by the Zoning Administrator subject to input from the City Attorney. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the Applicant/Representative and property owner shall execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the true copy on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understood and agreed to the conditions contained herein, and will implement the same. Upon execution, the true copy with original signatures shall be returned to the Project Planner in the Development Services Department. Failure to return the signed copy of this document within thirty days of the effective date hereof shall indicate the Applicant's/Representative's or Property Owner's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. /Iliff; Date 5.U4-rJ 1I/-If/eJfo W~ Signature of Applicant /ANCe- Wlli76 '-//;9;1/ Date V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages tor their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. VI, INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. * as Vice President of the Prudential Insurance Company, the sole member ofPRlI Eastlake Chula Vista CA, LLC, the sole member of PRlI Windstar Pointe Master, LLC as Property Owner Resolution No. 2011-003 Page 8 Presented by Approved as to form by .~ , Gary Halb Assistant i ManagerfDirector of Development Services PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of January 2011 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: Aguilar ABSENT: Councilmembers: None J~~~ ATTEST: ~ JmAWA- R ~~MA Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-003 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11 th day of January 2011. Executed this 11th day ofJanuary 2011. JnAA K ~hd I v Donna R. Norris, CMC, City Clerk ~ EXHIBIT A Resolution No. 2011-003 Page 9 LOCATOR MA.P