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HomeMy WebLinkAboutReso 2022-073 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D RESOLUTION NO. 2022-073 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL BY SALVADOR ABRICA AND AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF DESIGN REVIEW PERMIT DR21-0007 AND VARIANCE VAR21-0001 TO CONSTRUCT THREE INDUSTRIAL BUILDINGS AND TO ALLOW AN INCREASE IN WALL HEIGHT, LOCATED ON 11.6 ACRES WITHIN OTAY RANCH VILLAGE 3,KNOWN AS THE HERITAGE INDUSTRIAL CENTER WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "A," attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 11.6-acres 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 (the "Project Site"); and WHEREAS, on April 26, 2021, and October 27, 2021, Rockefeller Group (the "Applicant") submitted duly verified applications requesting approval of Design Review Application DR21-0007 and Variance VAR21-0001, respectively, which were filed with the City of Chula Vista Development Services Department; and WHEREAS, said Applicant requests approval of Design Review Application DR21-0007 and Variance Application VAR21-0001 to construct three industrial buildings on an 11.6-acre site consisting of three parcels with associated parking and landscaping (the "Project") on the Project Site; and WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said 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 Project Site, at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on February 9, 2022, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs' presentation; and WHEREAS, the Planning Commission considered a Motion to approve the Project. The Planning Commission approved the Project by a vote of 5 Yes to 0 No; and WHEREAS, on February 23, 2022, Salvador Abrica (the "Appellant") filed an appeal of the Planning Commission's Decision to approve Design Review Application DR21-0007 and VAR21-0001 (the "Appeal"); and WHEREAS,the City Clerk set the time and place for the public hearing on the Appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least 10 days prior to the hearing; and DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D Resolution No. 2022-073 Page No. 2 WHEREAS, the City Council held a duly noticed public hearing to consider said Appeal at the time and place as advertised,namely March 22,2022, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code(CVMC) Sections 19.14.588.13 and 19.14.240, the Appeal that is the subject of this Resolution is hereby denied and the decision of the Planning Commission to approve the Project is hereby affirmed, with findings as follows: I. ENVIRONMENTAL REVIEW The Project was adequately covered in previously certified Final Environmental Impact Report (FEIR 13-01) (SCH No. 2013071077) prepared for the Otay Ranch University Villages Project Comprehensive Sectional Planning Area(SPA)Plan Amendment and certified by the City Council on December 2, 2014. Thus, no further environmental review is required. II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE The City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby adopt all findings made by the Planning Commission contained in Design Review Application DR21-0007 for the Project and Variance VAR21-0001, which are attached hereto and incorporated herein by this reference, as if said findings were their own. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Appeal that is the subject of this Resolution is hereby DENIED and that the determination of the Planning Commission is hereby AFFIRMED, in accordance with the applicable development standards, regulation and guidelines of the Chula Vista Municipal Code and the Conditions of Approval specified in Planning Commission Resolutions DR21-0007 and VAR21-0001 dated February 9, 2022, attached hereto and incorporated herein by this reference, as may be modified hereby. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D Resolution No. 2022-073 Page No. 3 Presented by Approved as to form by DocuSigned by: DocuSigned by: 71 E-- (� AA76F15D450845D... CF40650850444BF... Tiffany Allen Glen R. Googins Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of March 2022 by the following vote: AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None DocuSigned by: 062BFD7C0386456... Mary Casillas Salas, Mayor ATTEST: DocuSigned by: 3074D104EAF342E... Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2022-073 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of March 2022. Executed this 22nd day of March 2022. DocuSigned by: 1,307, 42E Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D OTAY LANDFILL f /7 9s ` PROJECT LOCATION IU IN I IN IN IN IN IN IN IE IN IN �� J -------------- E 9 ---. ENERGY WY „ 1.,.- - -- ' . f .......... .......... .......... .......... ............. 0 NORTH _ ..._,... .. D R21 -G G G 7 CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT HomeFed Village III, Master LLC PROJECT DESCRIPTION: APPLICANT: g DESIGN REVIEW PROJECT OR V3 NorthMest parcels Project Summar Proposing the construction of 3, tilt-upshell buildings on a vacant Business Park site. SCALE: FILE NUMBER: NORTH No Scale DR21-0007 Related cases:None J:\Planning\Public Notices\DR\DR-2021\DR210007.pdf DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D 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 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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: DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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 (PSP 17-000 1). 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 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 2022 Page 4 £ 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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. hgps://www.chulavistaca.-o�partments/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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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. DOCUSigned by: 2/18/2022 N 0m, CA4CEB1BD95A46F_. Signature of Property Owner Date Erin N Ruhe Printed N i���erty Owner 2/18/2022 E2379A4D20F444A... Signature of Applicant Date James V. Camp 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution DR21-0007 February 9, 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. r °nes e6vp7Vf6form by. AA76F15D450845D... CF40650850444BF... 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: Docusigned by: ABSENT: Milburn,Nava E �u,, ABSTAINA75269DB61E84A3_. Max Zaker, Chair ATTEST: --Do,.cyuSigned by: ��LL!iLR �'NRritOft. Pat je�a5g ata&n, Secretary DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D 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 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 2022 Page 2 are zoned Industrial (1) 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 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 2022 Page 3 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 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/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 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 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. 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 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 2022 Page 6 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 shal I 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 DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 2022 Page 7 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.chulav'staca.-o�partments/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. 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 2022 Page 8 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 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/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) 13-0 1. 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 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. DOCUSigned by: 2/18/2022 N 0C- CA4CEB1BD95A46F... SignatureEof krQp wh36 Owner Date Printed �re�perty Owner 2/18/2022 E2379A4D20F444A... SignaturgayLskp 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. DocuSign Envelope ID:804F500B-4AE5-41F1-8A52-C3ADB933008D PC Resolution VAR21-0001 February 9, 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. Pr%enjed ty: Approved to form by: ocu igned ocu igned by: Er-�' �.. AA76F15D450845D... CF40650850444BF... 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: 7 Milburn,Nava ABSTAIN: DocuSigned by: E /14ty 9DB61E84A3... Max Zaker, Chair ATTEST: E DocuSigned bye�:'++ ® 2f:filGa+ �7+G�WGZri2:0Y1. D543A79F44B0494... Patricia Salvacton, Secretary