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HomeMy WebLinkAboutItem 5.1 - Attachment 3 - PC-Resolution - DR210007 Attachment 3 RESOLUTION NO. DR21-0007 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING DESIGN REVIEW PERMIT DR21-0007 FOR THREE INDUSTRIAL BUILDINGS LOCATED ON 11.6 ACRES WITHIN OTAY RANCH VILLAGE 3. KNOWN AS THE HERITAGE INDUSTRIAL CENTER WHEREAS, on April 26, 2021, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Rockefeller Group (“Applicant” or “Developer”); HomeFed Village III Master, LLC is the property owner (Owner) and WHEREAS, the Applicant requests approval of a Design Review Permit for the Heritage Industrial Center within the Otay Ranch Village 3 North and a Portion of Village 4 (Village 3) Plan Area (“Heritage Industrial Center Project” or “project”); and WHEREAS, the area of land which is the subject of this Resolution is made up of three parcels within the Village 3 Business Park, located north and northwest of Heritage Road at the intersection of Heritage Road and Santa Maya in Village 3 (project site); and WHEREAS, the Village 3 Business Park Design Guidelines (Section A.6) state that all projects over 20,000 square feet in size are 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, prepared for the Otay Ranch University Villages Project Comprehensive Sectional Planning Area Plan Amendment and certified by City Council on December 2, 2014; therefore, no further environmental review or documentation is required; and 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 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: 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. In accordance with the Village 3 SPA, the project is located within the Business Park and will PC Resolution DR21-0007 January 12, 2022 Page 2 contribute to the City’s employment base. The project is compatible with adjacent land uses and serves a need in Village 3 and for the surrounding community. The proposed project is a permitted use within the Business Park District and meets the PC District Regulations’ requirements in terms of site layout, setbacks, building height, circulation, parking, access, and landscape. Industrial uses within Village 3 are intended to provide for a high-quality working environment and to achieve a harmonious mixture of land uses. Activities are intended to promote employment opportunities in manufacturing, service, research and development, engineering and wholesale trade. The Industrial zone is included in the PC District Regulations to reserve appropriately located areas for business and industrial use and protect those areas from intrusion by residential development and other non-harmonious uses. The project site has been designed to promote sufficient open space around the three proposed industrial structures to protect them from hazard; minimize the impact of industrial operations and noise on nearby residential or commercial uses; and to minimize traffic congestion. The site plan is arranged to support the uses along Heritage Road. Parking and circulation, as well as trash and loading areas, are sized appropriately for the proposed project. 2. The proposed project is consistent with the design and development standards of the Village 3 Business Park Design Guidelines. The project adheres to the Village 3 SPA’s Business Park Design Guideline requirements. The project is consistent with the Business Park Master Plan and the project design meets the standards and criteria for the entire planned community. The purpose of the Business Park Design Guidelines (BPDG) is to provide direction for the design of sites, buildings and landscapes within the Business Park to ensure that the quality of the adopted urban design and architectural concepts established for the overall Otay Ranch community are maintained. The BPDG identify a theme for the Otay Ranch Business Park and delineate that identity through streetscape and landscape design, signage programs, and architectural and lighting guidelines. The goal of building design guidelines is to create a consistent, harmonious business park, while allowing for variety and project individuality. While there is no specific architectural style, detail, form, and materials requirement, each property owner is encouraged to work within the context of the Otay Ranch and Village 3 community, adjacent properties, and individual site in establishing an architectural expression for their property. Variation in parapet heights and forms will provide interest in character and various shadows. Wall planes have been staggered to help draw attention to entries and architectural features. Each building entry was designed to be an inviting space with low overhangs and colorful features for visual cues, and modern design colorful ‘pop outs’ with concrete reveals help emphasize entry areas as well. These combined measures show consistency with the BPDG. The project is being presented to Planning Commission for approval, in accordance with the requirement for Major Design Review. 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: PC Resolution DR21-0007 January 12, 2022 Page 3 DEVELOPMENT SERVICES DEPARTMENT – Planning Division 1. Performance Standards: Buildings shall be designed to minimize energy consumption. 2. The Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DDA-0886. 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 and adjoining properties. Illuminators shall be integrated within the architecture of the building. The intensity of light at the boundary of the Business Park District shall not exceed seventy-five (75) foot lamberts from a source of reflected light. Details for said lighting shall be included in the Architectural Plans. 6. Signage material and design shall be consistent and compatible with the Village 3 Planned Sign Program (PSP17-0001). 7. The Owner or Applicant shall provide a copy of the recorded Land Use Covenant (“LUC”) to the City. The LUC is a requirement of the Owner as stated in the California Department of Toxic Substance Control (“DTSC”) letter dated November 23, 2021. DEVELOPMENT SERVICES DEPARTMENT – Land Development Division 8. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista Municipal Code; 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 BMP Design Manual; the City of Chula Vista Grading Ordinance No. 1797; and the State of California Subdivision Map Act. 9. The Applicant/Owner shall comply with all applicable conditions of approval for Tentative Map No. CVT 16-02. 10. Before the issuance of the first Building Permit, the Applicant shall pay the following Engineering Fees (fees are adjusted on October 1st of every year): a. Sewer Capacity Fee b. Traffic Signal Fee c. Salt Creek Sewer Basin DIF d. Eastern Transportation DIF e. Public Facilities DIF PC Resolution DR21-0007 January 12, 2022 Page 4 f. Other Engineering Fees and deposits in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of Grading Plans and Improvement Plans. 11. All driveways shall conform to the City of Chula Vista’s sight distance requirements in accordance with Section 12.12.120 of the Municipal Code and Chula Vista standard drawing RWY-05 (Sight Distance Requirements). Also, landscaping, street furniture, or signs shall not obstruct the visibility of the driver at the street intersections or driveways. 12. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 13. All proposed sidewalks, walkways, and pedestrian ramps along an accessible path of travel, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. 14. The Applicant must obtain a Grading Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Municipal Code Title 15.04. The Applicant shall submit Grading Plans in conformance with the City’s Subdivision Manual and the City’s Development Storm Water Manual requirements, including, 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 water runoff if Post-Development flows exceed Pre-Development flows; analysis shall include flows from 2-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. 15. Any offsite work in Lots D and E will require approval from the Public Works Open Space department prior to approval of the Grading Plan and issuance of Grading Permit. 16. The 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. 17. Prior to issuance of Grading, Construction, and Building permits, the Applicant shall document on applicable plans compliance with the requirements pertaining to Best Management Practices (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. PC Resolution DR21-0007 January 12, 2022 Page 5 18. The 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. 19. The Applicant shall provide the City with proof of Pad Certification prior to issuance of any Building Permit within the Project. 20. The following applies to all site retaining walls: a. When Grading Plans are submitted for a Grading Permit, 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. Detail how retaining wall drains tie into the drainage system. 21. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 22. The Applicant shall obtain a Construction Permit for private utility connections to the public mains prior to Building Permit issuance. 23. The Applicant shall submit Improvement Plans limited to signing and striping for turn lanes and the proposed driveway improvements within the existing right-of-way for the portion of Heritage Road fronting the Project Site, Approval of the Improvements Plans is required prior to Building Permit issuance. 24. The Applicant shall obtain a Construction Permit to construct the private driveway and associated signage and striping in the City’s Heritage Road right-of-way, prior to issuance of any Building Permit. The design shall be included on the Improvement Plans. 25. 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. 26. Before issuance of the first Building Permit, the Applicant shall provide a “Will Serve” letter from Otay Water District. 27. 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. PC Resolution DR21-0007 January 12, 2022 Page 6 28. Prior to issuance of the first Building Permit, the Lot Line Adjustment Plat, Irrevocable Offer of Dedication (IOD), IOD Vacation, and Easements shall be approved by the City. DEVELOPMENT SERVICES DEPARTMENT – Landscape Division 29. 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 by the Director of Development Services or designee. Said plans shall reflect the approved Lot Line Adjustment for the project if different from the boundaries shown on the final Design Review exhibits. 30. The Applicant shall coordinate with the Owner to modify existing or prepare new slope & erosion control off-site Landscape Improvement plans for existing public open space lots “D” and “E” (or as reconfigured by the Lot Line Adjustment for the project) and Heritage Road Landscape Improvement plans impacted by Applicant’s project, including the proposed driveway and utilities. Prior to issuance of the first Building Permit in the project, said Landscape Improvement plans shall be submitted to the City for review and approval by the Director of Development Services or designee. 31. The Applicant shall obtain a Landscape & Irrigation bond prior to the approval of any modified or new Landscape Improvement plans for existing public open space lots “D” and “E” (or as reconfigured by the Lot Line Adjustment for the project) and Heritage Road Landscape Improvement plans impacted by Applicant’s project. 32. All Landscape Improvement plans shall conform to the following City documents including, but not limited to: a. Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the City of Chula Vista Municipal Code b. City of Chula Vista Landscape Manual c. Shade Tree Policy (576-19) 33. For further information about submitting Landscape Improvement plans and to download a Landscape Improvement review packet see the following link. https://www.chulavistaca.gov/departments/development-services/landscape-architecture 34. All Landscape Improvement plans shall be approved by the Otay Water District (OWD) and County of San Diego Department of Environmental Health (DEH) as applicable, prior to City approval. 35. 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 Director of Development Services or designee. PC Resolution DR21-0007 January 12, 2022 Page 7 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: 36. 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 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. 37. 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 (DTSC) requirements. The mitigation measures shall be designed and stamped by the Applicant’s California licensed Professional Engineer with expertise in methane and VOC mitigation, to the satisfaction of the City Building Official. ECONOMIC DEVELOPMENT DEPARTMENT – Environmental Division 38. 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 Marshall or designee. 39. 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 Building Code (CBC) & Fire Code (CFC) as amended by City of Chula Vista. 40. 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. Please contact the Development Services Department to determine what type of permit(s) is/are required for your project. 41. 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. 42. Fire hydrants shall be located and spaced in accordance with the California Fire Code, Appendix C. 43. The location of the fire department connection shall be within fifty feet of a fire hydrant. PC Resolution DR21-0007 January 12, 2022 Page 8 44. Regardless of hydraulic calculations, two points of connections 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. 45. Fire Sprinkler System laterals shall terminate inside of the building. 46. 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. 47. 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. 48. 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. 49. For commercial and industrial occupancies commonly referred to as "Spec. Buildings", with the potential for high-pile storage and/or wherein no specific end use is identified at the time of plan check, the sprinkler system shall have a minimum density of .45 GPM / 3,000 square feet design area. 286-degree F sprinkler heads shall be used in these buildings unless approved by the Fire Marshal. Roof coverage over mezzanine areas shall also be built to this standard. It is incumbent upon the sprinkler system designer to advise the building owner that the above density and design area are minimums for specific buildings; and that increases in sprinkler protection may be required based on future occupancy hazard classification, storage commodity classification, and storage configuration according to NFPA 13 and the California Fire Code. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 50. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved L & I Plans. 51. The Applicant/Owner shall comply with all applicable mitigation measures in accordance with Final Environmental Impact Report (FEIR) 13-01. 52. 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. 53. 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) any environmental PC Resolution DR21-0007 January 12, 2022 Page 9 determinations; (b) City’s approval and issuance of this Design Review Permit and (c) 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. 54. This Design Review Permit (DR21-007) shall expire if not utilized within three years from the Planning Commission approval date or the end of any appeal period, unless the Applicant initiates an extension prior to expiration of the permit, in accordance with Section 19.14.600 of the CVMC. 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. PC Resolution DR21-0007 January 12, 2022 Page 10 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. ________________________________ _______________________ Signature of Property Owner Date ________________________________ Printed Name of Property Owner ________________________________ _______________________ Signature of Applicant Date ________________________________ Printed Name of Applicant 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. PC Resolution DR21-0007 January 12, 2022 Page 11 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. Presented by: Approved as to form by: _________________________ _____________________ Tiffany Allen Glen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this _______ day of ____________ 2022, by the following vote, to-wit; AYES: NOES: ABSENT: ABSTAIN: _________________________ Max Zaker, Chair ATTEST: ________________________ Patricia Salvacion, Secretary