HomeMy WebLinkAboutVAR21-0001 DocuSign Envelope ID:B4F6F815-CFEA-4CO2-B67E-4EFD040919D5
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-la,I-lb and I-2 which
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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 project site.
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
base. The project is compatible with adjacent land uses and serves a need in Village 3 and
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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 Variance 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.
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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
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
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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.
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
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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 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 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`B"(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
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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.
Wps://www.chulavistaca. og v/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 (DISC)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.
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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.
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II. The following on-going conditions shall apply to the project site as long as it relies on
this approval:
50. The Applicant/Owner 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. 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.
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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.
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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.
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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.
Pr%enit adk: Approved as to form by:
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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 9th day of February 2022, by the following vote, to-wit;
AYES: Burroughs, De La Rosa, Gutierrez, Torres, Zaker
NOES:
ABSENT: Milburn,Nava
ABSTAIN: DocuSlgned by:
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Max Zaker, Chair
ATTEST:
EPDocuSi d by:
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Patricia Salvacion, Secretary