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HomeMy WebLinkAboutItem 2 - Attachment 2 Resolution RESOLUTION NO. DR19-0006/MPA19-0015 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT DR19-0006 AND COASTAL DEVELOPMENT PERMIT MPA19-0005 TO ALLOW THE FOR THE COMBINED 17,180 SQUARE-FOOT EXPANSION OF TWO EXISTING BUILDINGS WITHIN THE COLLINS AEROSPACE CAMPUS LOCATED AT 850 LAGOON DRIVE (APN 571-330-29). WHEREAS, on March 29, 2019, a duly verified application for a Design Review Permit and on August 7, 2019, a Coastal Development Permit were filed with the City of Chula Vista Development Services Department by Stephen Dose (Applicant); and WHEREAS, the application requests approval of a Design Review Permit and Coastal Development Permit to allow for the 4,800 square-foot expansion of Building 115 and the 12,380 square-foot expansion of Building 118 on a portion of 39.4 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 850 Lagoon Drive within the Harbor District of the Bayfront Local Coastal Plan/Specific Plan (LCP) and is also known as a portion of Parcel Area 2-b of the LCP Planning Area (Project Site); and WHEREAS, The Project constitutes development pursuant to Coastal Act Section 30106 as it would result in the placement of solid material, erection of structures, grading, and change in intensity of land use. Pursuant to the California Coastal Act, the proposed development is considered “appealable”. Chapter 7 of the Coastal Act regulates development within the California Coastal Zone and issuance of Coastal Development Permits (CDPs). Section 30603 of Chapter 7 specifies the sole categories of development that may be appealed to the Coastal Commission. The project is appealable because, as per the City of Chula Vista’s (City) certified Local Coastal Program (LCP) it is located between the sea (as defined by the Coastal Act) and the first inland continuous road paralleling the sea. The Project is fully consistent with Public Resources Code Section 30604©, 30210-30224, and the Coastal Act public access and recreation policies referenced herein; and WHEREAS, The Project is consistent with the Objectives and Policies of the LCP, which includes, by reference, the Chula Vista Bayfront Natural Resources Management Plan (NRMP), and the Chula Vista Bayfront Mitigation Monitoring and Reporting Program (MMRP) (collectively, LCP Provisions); 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 qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. Thus, no further environmental review is necessary; and Page 2 June 24, 2020 WHEREAS, the Director of Development Services 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 1,000 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: DESIGN REVIEW FINDINGS: 1. The proposed development, as conditioned, is consistent with the development regulations of the Bayfront Local Coastal Plan/Specific Plan, the Chula Vista Municipal Code and the design regulations contained in the City’s Design Manual. The Project Site is located in the I-G (General Industrial) zone which allows for a variety of light and general industrial type of uses. The proposed use of the building expansion areas is consistent with general industrial type of use. Specifically, Buildings 115 and 118 are being expanded to include relocated processes from other buildings within the Rohr/Collins Aerospace campus. Several buildings are being sold to accommodate their new workflow and, as a result, the processes remaining in those buildings are being consolidated into Buildings 115 and 118. These new expansions contain lab and storage areas to facilitate their aerospace parts testing activities. The proposed expansion is consistent with the development standards outlined in the Bayfront LCP/Specific Plan. A Parking Analysis for the portion of existing campus on north side of “G” Street (dated February 6, 2020) was provided by the Applicant/Permittee since this is the area of the campus which includes Buildings 115 and 118. This analysis clearly demonstrates there is adequate on-site parking available to accommodate the combined 16,356 square-foot expansion of Building 115 and 118. Utilizing parking ratios of 1:1000 for Industrial and 1:800 for manufacturing, the analysis indicated 16,346 square-foot expansion would require an additional 23 parking spaces. This, along with parking required for existing buildings, would result in a total of 1,037 spaces required. The analysis indicated that a total of 1,231 parking spaces were available, well in excess of the required. There is more than adequate parking to accommodate the proposed expansion. Due to the surplus of available parking spaces, it was determined the inclusion of the remainder of the Rohr/Collins Aerospace campus in the overall parking analysis was not necessary. 2. That the proposed Project is consistent with the design requirements and recommendations contained in the Bayfront Local Coastal Program (LCP)/ Specific Plan and development standards of the Chula Vista Design Guidelines. Page 3 June 24, 2020 Section B Subarea 2- Harbor District of the Bayfront LCP acknowledges the existence of the Goodrich Industrial and Manufacturing facility prior to the adoption of specific design criteria contained in the LCP, and anticipates limited expansion in the future. While no specific criterion is therefore specified, it indicates the desirability of aesthetic improvements. The Project has been designed so that all of the expansion areas of Buildings 115 and 118 are designed to be architecturally compatible with the existing buildings and include upgraded building materials. These upgraded building materials include: Insulated metal panels in a batten pattern with high-performance “Sandstone” (a beige/buff color) paint to match existing CMU block at Building 115, metal doors, roll up doors and window frames painted a warm gray, and at expansion of Building 118 Concrete Masonry Units to match existing building patterns (smooth and split face), color (RCP “Beige” and “La Paz” and stack style (running bond or stack). The color palette chosen consists of gray and beige tones which both match and complement the colors of the existing buildings. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves 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: Planning Division 1. The Project Site shall be developed and maintained in accordance with the approved plans, which include Site and Landscape Plans, Floor Plan, and Elevation Plan on file in the Development Planning Division, the conditions contained herein, and Chula Vista Municipal Code (“Municipal Code” or “CVMC”) Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant/Permittee shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit accounts DDA0123 and DDA0508. 3. The colors and materials specified on the building plans shall be consistent with the colors and materials shown on the site plan and colored materials sheet approved by the Zoning Administrator. 4. 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. Such screening shall be architecturally integrated with the building design. 5. 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. Page 4 June 24, 2020 6. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans. 7. The Applicant/Permittee shall obtain approval of a sign permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. 8. Prior to the issuance of any site development permits, the Applicant/Permittee shall submit health and safety plan/soil management plan reports to the County of San Diego Department of Environmental Health for approval under the Voluntary Assistance Program (VAP). 9. Permittee shall conform to, and this Permit is subject to, the permit rules and regulations of the City, including, but not limited to, the City’s Coastal Development Permit Regulations. LAND DEVELOPMENT DIVISON 10. Prior to issuance of Grading or Building Permits, whichever occurs first, owner must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP’s located within the project prior to issuance of any Grading or Building Permits, whichever occurs first. The implementation and maintenance of the post-construction BMP`s constitute regulatory obligations for the Applicant/Permittee/Permittee, and failure to comply with the Municipal Permit or the City approved SWQMP, including the specific BMPs contained therein, may constitution a violation of this permit and a violation of City Code. 11. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule may be required for the submittal of the following items: a. Construction Plans 12. A construction permit is required to perform the following work in the ng work in the City’s right-of-way, which may include, but is not limited to:  Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-2, and G-7 along the project’s frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions.  Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk.  Utilities Trenching and Restoration per CVCS GSI-03.  Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary.  The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.17 of the Municipal Code. 13. 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. Page 5 June 24, 2020 14. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. 15. Any private facilities (if applicable) within Public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. Building Division 16. The Project shall be designed by an Architect or Engineer licensed by the State of California. \[California Business and Professional Code 5536.1, 6735\]. 17. The Applicant/Permittee shall provide a Note on the cover sheet indicating this Project will comply with 2016 California Building Code, 2016 California Energy Code, 2016 California Fire Code, 2016 California Electrical Code, 2016 California Plumbing Code, 2016 California Mechanical Code, and 2016 California Green Standards Code as adopted and amended by the State of California and the City of Chula Vista. The City will adopt 2019 codes as of January 1, 2020. If building plans are not submitted prior to that date, then compliance with 2019 codes will be required. II. The following on-going conditions shall apply to the Project as long as it relies on this approval: 18. The Applicant/Permittee shall install all landscaping and hardscape improvements in accordance with the approved Landscape Plan. Landscaping shall be maintained by the owner and successor in perpetuity, including any street trees in the right of way. 19. Approval of the Design Review shall not waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of building permit issuance. 20. The Property Owner and Applicant/Permittee shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, Zoning Administrator, 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 approval, (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 and (c) any environmental determinations for the Project. The Property Owner and Applicant/Permittee shall acknowledge their agreement to this provision by executing a copy of this Design Review approval where indicated below. The Property Owner’s and Applicant/Permittee’s compliance with this provision shall be binding on any and all of the Property Owner’s and Applicant/Permittee’s successors and assigns. Page 6 June 24, 2020 21. This Design Review approval shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. IV. EXECUTION OF RESOLUTION OF APPROVAL 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 same. Upon execution, this document shall be signed and returned to the City’s Development Services Department. Failure to return the signed true copy of this document within 30 days shall indicate that the Property Owner/Applicant/Permittee’s desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. ________________________________ _______________________ Signature of Property Owner Date ________________________________ _______________________ Name of Property Owner Date ________________________________ _______________________ Signature of Applicant Date ________________________________ _______________________ Name of Applicant Date Page 7 June 24, 2020 V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of June 2020, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Gabe Gutierrez, Chair ATTEST: ____________________________ Patricia Salvacion, Secretary Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney