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HomeMy WebLinkAboutItem 5.1 - Attachment 4 -PC-Resolution - VAR210001 Attachment 4 RESOLUTION NO. VAR21-0001 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING VARIANCE VAR21-0001 FOR THREE INDUSTRIAL BUILDINGS LOCATED ON 11.6 ACRES WITHIN OTAY RANCH VILLAGE 3. KNOWN AS THE HERITAGE INDUSTRIAL CENTER WHEREAS, on October 27, 2021, a duly verified application for a Variance 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 Variance to allow an increase in wall height 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 Otay Ranch Village 3 (project site); 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 Variance 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 a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties; loss of prospective profits; and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits. The project site for the Heritage Industrial Center is comprised of Lots I-1a, I-1b and I-2 which PC Resolution VAR21-0001 January 12, 2022 Page 2 are zoned Industrial (I) as described within the Otay Ranch Village 3 North and a Portion of Village 4 Sectional Planning Area (SPA) Plan dated June 15, 2021 (Resolution No. 2021- 122). These lots were subdivided on the Village 3 North Final Map No. 16160 and designated Lots 814, 815 and 816. The three lots are surrounded by public open space Lots D and E. The surrounding open space lots are not a part of the developable project site and are to remain undisturbed. As a part of the rough grading that has been performed on the project site, there is a seven-foot berm that divides Lot 814 and Lot 815. This berm is proposed to be modified as a part of the proposed development. Lot 814 will require fill material to raise the site above the existing open space slope elevation and provide a smooth transition to the ultimate graded condition of the adjacent Lot 815. The proposed retaining wall along the property line and the Heritage frontage, borders open space (Lot D) and will require a minimum 2.5 foot wide flat maintenance path in front of the retaining wall. Providing this maintenance path increases the total exposed height of the proposed retaining wall to 10 feet. This is greater than the 8.5-foot maximum height permitted within the Business Park Design Guidelines. A wall height variance is requested for an approximately 130 lineal feet of retaining wall located at Lot 814 with a maximum exposed height of 10 feet. The proposed retaining wall will be treated with appropriate landscaping to soften the look and not create a negative visual impact. The open space lots also create a visual buffer due to the separation from the project site and the public right of way. 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. The granting of the variance would not constitute a special privilege to the recipient in that allowing the increase in retaining wall height will not create a special privilege for the property owner. The granting of the variance would allow the Applicant to provide a smooth transition across the three lots by allowing Lot 814 to be filled to match the elevation of the adjacent Lot 815. The height differential of 1.5 feet will not create a negative visual impact as the existing open space (Lot D) fronting Lot 814 has a minimum width of forty (40) feet and a maximum width of eighty (80) feet with a maximum 30-foot vertical rise from back of sidewalk to the project site. This open space slope (Lot D) provides visual relief and screening due to the sight line from the right-of way to the property. The retaining wall will incorporate visual improvements for screening purposes such as vines and additional landscaping. 3. That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this chapter or the public interest. The granting of this variance will not deter development of adjacent properties as the surrounding properties are fully developed. In accordance with the Otay Ranch Village 3 SPA, the project is located within the Business Park and will contribute to the City’s employment PC Resolution VAR21-0001 January 12, 2022 Page 3 base. The project is compatible with adjacent land uses and serves a need in Village 3 and within the surrounding community. Furthermore, 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, as conditioned. 4. That the authorizing of such variance will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The granting of the variance will not affect the General Plan as the wall height will not alter the designation, goals and objectives of the General Plan. 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: 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. PC Resolution VAR21-0001 January 12, 2022 Page 4 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 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 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, 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. 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 PC Resolution VAR21-0001 January 12, 2022 Page 5 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. 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. PC Resolution VAR21-0001 January 12, 2022 Page 6 23. The Applicant shall submit Improvement Plans containing turn lanes and driveway signing and striping. Approval of the Improvements Plans is required prior to Building Permit issuance. 24. The Applicant shall obtain a Construction Permit to construct the private driveways and associated signage and striping in the City’s 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. 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 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: PC Resolution VAR21-0001 January 12, 2022 Page 7 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. 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. PC Resolution VAR21-0001 January 12, 2022 Page 8 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. 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 round 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. PC Resolution VAR21-0001 January 12, 2022 Page 9 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 shall comply with all applicable mitigation measures in accordance with Final Environmental Impact Report (FEIR) 13-01. 52. 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 determinations; (b) City’s approval and issuance of this Variance 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 Variance 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. 53. The Variance (VAR21-0001) shall expire if not utilized within three years from the Planning Commission approval date or any appeal period, unless the Applicant initiates an extension prior to expiration of the permit, in accordance with Section 19.14.260 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 VAR21-0001 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 VAR21-0001 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