HomeMy WebLinkAboutDR18-0008 RESOLUTION NO. DR18-0008
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING DESIGN REVIEW PERMIT DR18-0008 FOR THE ESCAYA
BUSINESS PARD MASTER SITE PLAN, ON 16.6 NET ACRES WITHIN THE
OTAY RANCH VILLAGE 3 MASTER PLANNED COMMUNITY. APPLICANT:
HOMEFED VILLAGE III MASTER,LLC.
WHEREAS,on May 10,2018,a duly verified application for a Design Review Permit was
filed with the City of Chula Vista Development Services Department by HOMEFED VILLAGE
III MASTER, LLC("Applicant" or"Developer"); and
WHEREAS, the Applicant requests approval of a Design Review Permit for the Escaya
Business Park Master Site Plan within the Otay Ranch Village 3 North and a Portion of Village 4
(Village 3)Plan Area(Project); and
WHEREAS, the area of land which is the subject of this Resolution is made up of 10
contiguous parcels,known as the Escaya Business Park, located at 3256 Heritage Road in Village
3 (Project Site); and
WHEREAS, the Village 3 Planned Community District Regulations require that, "A j
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Business Park Master Site Plan shall be prepared that includes all of the Village 3 North industrial ,
parcels. The Business Park Master Site Plan shall be processed prior to or concurrent with the first
design review application within the Village 3 North Business Park"; and
WHEREAS, the Village 3 Business Park Design Guidelines state that,"The Business Park
Master Site Plan is subject to Major Design Review"; and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project was adequately covered in previously adopted Final Environmental Impact Report, EIR-
13-01, and no further environmental review or documentation is required; and
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WHEREAS, the Director of Development Services set the time and place for a hearing on 1
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 hearing was held at the time and place as advertised in the 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:
PC Resolution DR 18-0008
October 24,2018
Page 2
1. That the proposed Project is consistent with the development regulations of the Village 3
Sectional Planning Area (Village 3 SPA)Plan and the Planned Community(PC)District
Regulations.
The proposed Business Park Master Site Plan meets all the development regulations as
stipulated in the Planned Community(PC) District Regulations as conditioned. The Business
Park Master Site Plan has been prepared that includes all the Village 3 industrial parcels, and
the Business Park Master Site Plan has been processed prior to or concurrent with the first
design review application within the Village 3 Business Park.
2. The proposed Project is consistent with the design and development standards of the
Village 3 Business Park Design Guidelines.
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The Project adheres to the Village 3 SPA's Business Park Design Guideline requirements.The
proposed Business Park Master Site Plan is a 1:100' scale exhibit addressing conceptual
building and parking lot/drive aisle locations,vehicular and pedestrian circulation and access,
building siting and master signage locations. The conceptual design shows convenient access
and parking,arranges structures to relate to the surrounding built environment,and coordinates
driveway entry locations with existing median openings and driveways on the opposite side of j
Heritage Road. Additionally, the plan is being presented to Planning Commission for 1
approval, in accordance with the requirement for Major Design Review.
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BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings
above,does hereby approve the Design Review Permit subject to the following conditions:
I. The following shall be accomplished to the satisfaction of the Director of Development
Services or designee,prior to issuance of building permits,unless otherwise specified:
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DEVELOPMENT SERVICES DEPARTMENT—Planning Division
1, Architecture, landscaping, lighting, walls, bicycle storage, internal courtyards and
recreation areas, as well as building signage shall be addressed on subsequent individual
Design Review submittals.
2. The Applicant shall pay all applicable fees, including any unpaid balances of permit
processing fees for deposit account DDP-3120.
3. 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.
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.
5. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the Architectural Plans.
PC Resolution DR 18-0008
October 24,2018
Page 3
DEVELOPMENT SERVICES DEPARTMENT-Land Development Division
6. If the Project will include over 250 cubic yards of earth work, then the Developer must
obtain a Grading Permit prior to beginning any earthwork activities on the site and before
issuance of Building Permits, in accordance with Chapter 15.04. Developer shall submit
Grading Plans in conformance with the City's Subdivision Manual and the City's
Development Storm Water Manual requirements.
7. Prior to the issuance of any Grading or Site Development Permits within the Project Area,
Applicants shall demonstrate compliance with Voluntary Assistance Program(VAP)Case
-DEH2O17-LSAM-000443.
8. Any proposed work within the right of way will require a Construction Permit.
9. When submitting subsequent final plans for the Project, the Applicant shall provide an
update letter demonstrating that all stormwater runoff generated from the Project will be
treated in accordance with the assumptions provided in the Storm Water Quality
Management Plan for the Village 3 mass grading.
10. Temporary Encroachment Removal Agreements are required for proposed driveways,
utilities or other temporary encroachments in Open Space lots.
DEVELOPMENT SERVICES DEPARTMENT-Landscape Division
11. All new parking lots are required to comply with the City of Chula Vista Shade Tree Policy.
Compliance with the Shade Tree Policy must be demonstrated in each subsequent
individual Design Review submittal. For a complete listing of the ordinance, see the
following link: htt ://www.chulavistaca, ov/de artments/develo nient-services/land-
development.
12. For each subsequent individual Design Review submittal, the Applicant shall provide a ,
Conceptual Landscape Plan that demonstrates landscaping is provided for no less than 15%
of the gross site area, with a minimum of 10% of landscaping in defined parking areas.
Such requirements are outlined further in the City of Chula Vista.Design Manual,
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13. Construction changes to the approved Landscape and Irrigation(L &I) Plans are required
for any changes and impacts to landscape areas affected by proposed driveways, utilities,
or other temporary encroachments on any Open Space lot.
DEVELOPMENT SERVICES DEPARTMENT-Building Division
The Applicant shall address the following Building Division Conditions of Approval at the time
of Building Permit submittal to the satisfaction of the Building Official or designee.
14. This Project shall comply with 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
PC Resolution DRI 8-0008
October 24,2018
Page 4
currently in effect at the time of building permit application, as well as the Green, Building
ordinance (CVMC 15.12) and all other locally adopted city and state requirements.
15. Building Permit applications to include methane and Volatile Organic Compound (VOC)
mitigation measures designed and implemented by VOC and methane mitigation
experts/specialists,
ECONOMIC DEVELOPMENT DEPARTMENT—Environmental Division
16. The Applicant shall comply with the construction debris recycling requirements, including
a performance deposit and Waste Management Report.
FIRE DEPARTMENT
The following Fire Department Conditions of Approval are general requirements that the
Applicant shall address at the time of Building Permit submittal to the satisfaction of the Fire s
Marshall or designee.
17. The Applicant shall apply for required Building Permits. Permits shall comply with
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applicable codes and requirements, including but not limited to: the current California
edition of Building Code(CBC),Fire Code(CFC),Mechanical Code,and Residential Code
as adopted and amended by the State of California and the City of Chula Vista.
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18. A fire service study shall be performed that includes a hydraulic water flow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen
Williams formula shall be used in the determination of these flows and pressures. The
analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
19. Water supply data is required to accompany an underground submittal, An official water
flow letter can be obtained from the respective water authority. The water flow
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the plan submittal.
OTAY WATER DISTRICT
20, The Developer will be required to comply with the approved Sub-Area Master Plan
(SAMP) for Village 3.
21. The Project can be served by the existing 16-inch potable water main and 8-inch recycled
water main at Heritage Road. The Developer is required to provide a calculation of water
demands prior to the commencement of the Project.
22. Use of recycled water shall be in cooperation with the approved SAMP. Prior to the
purchase of any meter(s), irrigation pians must be: (1) designed to District Water Agency
Standards for reclaimed standards/specifications and (2) submitted to the District and the
County Department of Environmental Health(DEH)for plan check and approval.
PC Resolution DR]8-0008
October 24,2018
Page 5
23. When a customer requests water service on a parcel of land with potable irrigated landscape
equal to 5,000 square feet or more,a separate meter will be required for irrigation purposes
on the site.
24. Fire service plans must be designed to Water Agencies' Standards. Each service must have
an approved reduced pressure principle backflow prevention device (RIP) purchased and
installed by the Developer after District review and approval. The Developer shall contact
the Project's fire agency for any protection requirements and determine early on how the
fire protection requirements can be met from the existing pressure zone.
25. The fire service line will not be allowed to be connected to any buildings; the line will be
intended for fire services purposes only. Failure to comply with this request will result in
violation of the District's Code of Ordinances and will be subject to penalties determined
by the District. Water furnished for fire hydrant or fire sprinkler service shall be used only
for fire protection purposes and shall be connected to a District water main. Where service
is provided for a fire hydrant or fire sprinkler service on privately owned land, the service
shall be provided by the District at the property line of land to be served.
H. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
26. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved Landscape Plan.
27. The Applicant shall comply with all applicable mitigation measures in accordance with
Final Environmental Impact Report(FEIR) 13-01.
28. 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.
29. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney's fees (collectively,
liabilities) incurred by the City arising, directly or indirectly, from(a) City's approval and
issuance of this Design Review Permit and (b) City's approval or issuance of any other
permit or action, whether discretionary or non-discretionary, in connection with the use
contemplated on the Project Site, The Property Owner and Applicant shall acknowledge
their agreement to this provision by executing a copy of this Design Review Permit where
indicated below. The Property Owner's and Applicant's compliance with this provision
shall be binding on any and all of the Property Owner's and Applicant's successors and
assigns.
30. This Design Review Permit shall become void and ineffective if not utilized within three
years from,the effective date thereof, in accordance with Section 19.14.250 of the CVMC.
PC Resolution DR]8-0008
October Z4 2018
Page 6
provision shall be binding on any and all of the Property Owner's and Applicant's
successors and assigns.
30, This Design Review Permit shall become void and ineffective if not utilized within three
years from the effective date thereof, in accordance with Section 19.14.260 of the
CVMC.
III. GOVERNMENT CODE SECTION 66020(4)(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. t
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 City's Development
Services Department.
i
a
Signature of Pro1krty Owner Date
N- VAP
Printed Name of Property Owner
4A— -L-10- 9 2.01 E)
Signature ofAplicant Date
W.6" _
Printed Name of Applicant
Rev 10/3/2018
PC Reso)l,rion DRI8-0008
October 2.'.2018
Page 7
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 i
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect,
Pres n d by: 4pp,ovel as to fo by. ,
Kelly G. Broughton, FASLA Director of Development Services o ey
PASSED AND APPROVED BY THE PL NTNG COMMISSION OF THE CITY OF
CHULA.VISTA, CALIFORNIA, this day of October, 2018 by the following vote, to-wit:
AYES: SU(rO 9 6, 14t1,�pt)rnt4aga , Zr.Kcl
NOES; 0
ABSENT; Gufie,rccZ
ABSTAIN; CCAI\1 b
rrez, Chair
T:
ADM
P,tricJia S y n, Secretary
Rev t0131201 S
y
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verities only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of-._.__San ❑iega __ w___------__ }
On October 9,2018 _ before me Annette M. Regalia, Notga Public
Date Here Insert Name and Title of the Officer
personally appearedIteM..�..-----_
..Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(a) whose nameM is/am
subsodbed to the within Instrument and acknowledged to me that be/she/they executed the.same in
,�herlttir authorized capacity{les}, and that by bla/herltWr slgnature(a on the Instrument the person(*,,
or the entity upon behalf of which the persono acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
Is true and correct.
AN.HME IN,MALIA WITNESS m hand and official
Notary Public,Ica"lornia
8�n-aleoo County
x COMIN851en#1176887
1A Comm,Explies Jas t 3,2t321 .Signa. e e Signature of Notary Pu iIc
Place Notary Seal Above ,
OPTIONAL
Though this section Is optional, completing this Information can deter alteration,of tlfe.document or
tratidutent reattachment of this form to an unintended document:
Description of Attached Document
_ Title or Type of Document; MReSbildion t j.0 -ODDS Document Date �]ctober�,_
Number of Pages: _ 7 Signer(s) Other Than Named Above:
Capacity(les)Claimed toSlgner(s)
Signer's Name. F- lB -- Signer's Name:
❑Corporate Officer — Title(s):.----_ ❑Corporate Officer--
I'.-1 Partner— E)Limited EJGeneral ❑Partner --• 11 Limited ❑Generali '
[I Individual ❑Attorney in Fact ❑ Individual D Attorney in Fact.
❑Trustee. Guardian or Conservator El Trustee 71 Guardian or Conservator
1l Other:Property caner. ❑ Other.,
Signer is Representing: -. Signer Is Representing:. -
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