HomeMy WebLinkAboutReso 2022-012 - Otay River Business ParkAttachment 4
RESOLUTION NO. 2022-012
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT (DR21-0036) FOR A 97,310-
SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A 6.08-ACRE SITE
IDENTIFIED AS PARCEL 2 WITHIN THE OTAY RIVER BUSINESS PARK
SPECIFIC PLAN AND LOCATED AT 2995 FAIVRE STREET
WHEREAS, on December 21, 2021, a duly verified application for a Design Review
Permit (DR21-0036) was filed with the City of Chula Vista Development Services Department by
Creative Opportunities QOZB, LP (“Applicant”); and
WHEREAS the Applicant requests approval of a 97,310-square foot office/warehouse
building and 156 surface parking spaces on 6.08-acres zoned PA-3 within the Otay River Business
Park (“ORBP”) Specific Plan (“Project”); and
WHEREAS the area of land that is the subject of this Resolution is an existing vacant 6.08-
acre parcel located at 2995 Faivre Street (“Project Site”); and
WHEREAS the Director of Development Services has reviewed the Project for compliance
with the California Environmental Quality Act (“CEQA”) and determined that the Project was
adequately covered under a previous Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (IS15-0005/MPA15-0022) adopted by the City Council on May 6, 2018;
and
WHEREAS the Director of Development Services set the time and place for a hearing
before the Planning Commission for consideration of DR21-0036, 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 10 days prior to the hearing; and
WHEREAS the hearing was held at the time and place as advertised in the Chula Vista
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. The proposed development is consistent with the City of Chula Vista’s General
Plan, Title 19 of the Chula Vista Municipal Code, and the standards set forth in
the Otay River Business Park Specific Plan.
The ORBP Specific Plan allows for office, warehouse, manufacturing, and limited
commercial uses on the Project Site. The Project complies with the City of Chula
Vista’s General Plan and Title 19 of the Chula Vista Municipal Code (“CVMC”),
which allows for industrial uses. The Project complies with the Otay River Business
Park Specific Plan for the allowable use, building height, setbacks, parking, and
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screening requirements for loading docks. The Applicant proposes to construct a
single-story, 97,310-square foot concrete building with an interior mezzanine and
surface parking. The Project will include a 12-foot screened wall to minimize visibility
of loading docks from adjacent streets. Landscaping has been placed along the
perimeter of the Project Site and within the parking areas.
2. The design features of the proposed development are consistent with, and are a
cost-effective method of satisfying, the Otay River Business Park Design
Guidelines, the City of Chula Vista Design Manual, and the City of Chula Vista
Landscape Manual.
The design of the building incorporates several desired features from the ORBP Design
Guidelines and City of Chula Vista Design Manual, such as varied facades and roof
articulation, with a modern architectural theme that matches the precedent form and
massing of the surrounding business park. Wall planes have been staggered to draw
attention to entryways and architectural features. Each building entry is designed with
a metal awning and transom windows to emphasize those areas. A dark-colored
concrete rectangular shape outlines the different tenant spaces to provide interest along
the building facade. All building materials will be high-quality, durable, and require
little maintenance. The proposed building will match the colors of the existing
buildings within the business park to contribute to a unified campus feel.
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. Unless otherwise specified, the following shall be accomplished to the
satisfaction of the Director of Development Services or their designee prior to
issuance of building permits:
Planning
1. The colors and materials specified on the building plans shall be consistent with the
colors and materials shown on the site plan and colored building elevations
approved by the Planning Commission.
2. Future uses of tenant spaces shall be restricted in size, type, and location as depicted
on Sheet A-1 (floor plan) of the approved Design Review plan set. Any changes to
the future tenant uses that vary from this approval can be considered by the Zoning
Administrator.
3. A graffiti-resistant treatment shall be specified for all exterior wall and building
surfaces. Additionally, the Project shall conform to Chapter 9.20 of the CVMC
regarding graffiti control.
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4. All roof appurtenances, including air conditioners and other roof-mounted
equipment and/or projections, shall be shielded from view and the sound buffered
from adjacent properties and streets as required by the Director of Development
Services. Such screening shall be architecturally integrated with the building
design.
5. All ground-mounted utility appurtenances (transformers, air conditioning
condensers, etc.) shall be located out of public view and adequately screened using
a combination of concrete or masonry walls, berming, and/or landscaping.
6. All exterior lighting shall include shielding to reduce any glare onto adjacent
residences and properties. Details for said lighting shall be included in the
architectural plans.
7. A separate sign permit shall be required for any proposed signage on the Project
Site, and proposed signage shall be consistent with the provisions of the
comprehensive sign program for the ORBP approved on December 10, 2019.
8. Prior to issuance of grading and/or building permits, the Applicant shall
demonstrate compliance with applicable conditions of the ORBP Specific Plan’s
Mitigation Monitoring and Reporting Program, as outlined in (IS15-0005/MPA15-
0022).
Land Development
9. The Applicant shall construct and maintain the Project Site in accordance with the
approved plans, which include the site plans, floor and roof plans, elevations,
screening, landscape, grading and drainage plans on file with the Planning Division,
and with the conditions contained herein, and shall comply with all requirements
and guidelines of the CVMC; the City’s Subdivision Manual; the City’s Design and
Construction Standards; the Development Storm Water Manual for Development
and Redevelopment Projects; the City’s Grading Ordinance No. 1797; and the State
of California Subdivision Map Act.
10. The Applicant shall comply with all applicable conditions of approval for Tentative
Map PCS-16-007.
11. All driveways shall conform to the City’s sight distance requirements in accordance
with Section 12.12.130 of the CVMC and Chula Vista Standard Drawing RWY-05
(Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall
obstruct the visibility of drivers at street intersections or driveways.
12. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall
be designed to meet the City of Chula Vista Design Standards, ADA Standards, and
Title 24 standards, as applicable.
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13. The Applicant shall submit grading plans to the Land development Division for
processing, reviewing, and permitting in conformance with the City’s Subdivision
Manual.
14. The Storm Water Quality Management Plan (“SWQMP”) is conceptually complete
and provides enough information regarding the Project BMP’s objectives to move
forward with construction documents. Additional requirements may be imposed at
the time of development and/or at the time application for a Land Development
permit is made, depending upon the submitted final plans.
15. The Drainage Report is conceptually complete and provides enough information
regarding the Project’s drainage objectives to move forward with construction
documents. Additional requirements may be imposed at the time of development
and/or at the time application for a Land Development permit is made, depending
upon the submitted final plans.
16. Prior to the issuance of any grading, construction, or building permit, the Applicant
shall enter into a Storm Water Management Facilities Maintenance Agreement with
the City for the perpetual maintenance and funding of all post-construction
permanent BMP facilities within the Project Site. Such agreement shall be devised
to the satisfaction of the City Engineer.
17. The Applicant shall submit a detailed Operation and Maintenance (O&M) plan for
all permanent BMPs to preserve the intended pollution control and/or flow control
performance of the BMPs. Upon completion of the BMPs/Project, the Applicant
shall update/finalize the O&M plan using as-built plans and baseline photos to
reflect actual conditions.
18. Prior to grading permit issuance, the Applicant shall provide a complete and
accurate Notice of Intent (NOI) filed with the State Water Resources Control Board
(SWRCB) for the Project as covered under the CGP. A copy of the
acknowledgement from the SWRCB that a NOI has been received for this Project
shall be filed with the City of Chula Vista when received. Further, a copy of the
completed NOI from the SWRCB showing the Permit Number for this Project shall
be filed with the City of Chula Vista when received.
19. Prior to approval of the grading plans, the Applicant shall clearly identify the limits
of the existing and proposed 100-year floodplain boundaries for the drainage way
within the Project Site.
20. Prior to release of the grading bond for the Project, the Applicant shall submit a
finalized Letter of Map Revision from the Federal Emergency Management
Agency (FEMA) documenting that the Project is no longer located within the
floodplain.
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21. The onsite sewer and storm drain system(s) shall be private. All sewer laterals and
storm drains shall be privately maintained from each building unit to the City-
maintained public facilities.
22. Prior to issuance of any building permits, the Applicant shall provide the City with
proof of Pad Certification.
23. Prior to issuance of the first building permit or first improvement plans approval,
the Applicant shall obtain and provide to the City a “Will Serve” letter from the
Sweetwater Authority District.
24. Separate permits for other public utilities (gas, electric, water, cable, telephone)
shall be required as necessary.
25. Prior to issuance of any building permits, the Applicant shall obtain a construction
permit for the private driveways and associated signage and striping in the City’s
right-of-way.
26. Proposed private water and fire line structures must be submitted on a separate
building plan and permitted by the Building Division and Fire Department.
27. Proposed fire access roads and driveways shall meet H-20 Loading requirements
or be designed for a Traffic Index (T.I.) of 5.
28. Prior to final building inspection, the infrastructure serving the Project Site shall be
constructed and fully operational to the satisfaction of the Director of Development
Services.
29. Prior to construction or building permit issuance, the Applicant shall obtain an
encroachment permit for any private facilities within public rights-of-way and/or
City easements.
30. Prior to building permit issuance, the existing 12-inch fire service line located at
the property line between Lot 12 of Map 16399 and adjacent Parcel 1 of LLA 21-
0004 shall be abandoned, relocated, or removed to the satisfaction of the
Sweetwater Authority District. The Applicant shall provide proof of satisfaction to
the Director of Development Services.
31. Upon approval of the grading plan, the Applicant shall upload digital files, in a
format such as AutoCAD (.dwg or .dxf), ESRI GIS shapefile, or personal
geodatabase, to the City’s digital submittal file upload website at
http://www.chulavistaca.gov/goto/GIS. The site only accepts zipped files.
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Fire
32. The Applicant shall apply for and obtain required building permits. Said permits
shall comply with applicable codes and requirements including, but not limited to,
the current edition(s) of the California Building Code (CBC) and California Fire
Code (CFC) as may be amended by the City of Chula Vista.
33. For 97,310 square feet of Type III-B construction, this Project will require a fire
flow of 4,875 gallons per minute for a four-hour duration at 20 pounds per square
inch (PSI). The Chula Vista Fire Department (CVFD) allows a 25 percent reduction
in fire flow when the building is protected by a fire sprinkler system. The fire flow
number above has already been reduced by 25 percent.
34. Based upon the required fire flow for Type III-B construction, a minimum of five
fire hydrants is required to serve this Project.
35. Where a portion of the building is more than 300 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.
36. Fire hydrants shall be located and spaced in accordance with Appendix C of the
CFC.
37. 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.
38. 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 site plan shall
include a transposed Auto-Turn analysis using CVFD data.
39. Grades for any access roadway shall be restricted to the following:
Asphalt < 11 percent
Concrete = 11-15 percent
40. This Project shall be protected throughout by an approved automatic fire sprinkler
system in accordance with CFC Section 903.2.
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II. The following ongoing conditions shall apply to the Project Site as long as it
relies upon this approval:
1. Approval of this Project shall not waive compliance with any provisions of the
CVMC nor any other applicable laws and regulations in effect at the time of
building permit issuance.
2. The Applicant/Owner shall comply with all applicable mitigation measures in
accordance with Final Mitigated Negative Declaration IS15-005/MPA15-0022 and
related Mitigation, Monitoring, and Reporting Program for the Otay River Business
Park Specific Plan.
3. The Property Owner and Applicant shall and do agree to timely and fully
indemnify, reimburse, protect, defend, and hold harmless the 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 any costs and expenses to prepare the administrative
record for any challenge to the Project approvals and/or compiling a response to a
Public Records Act request(s) to provide the record of proceedings materials for
the Project, the City’s costs to retain its own defense counsel to defend any
challenge to any Project-related approvals, court costs and attorney’s fees
(collectively, liabilities) incurred by the City arising, directly or indirectly, from (a)
any environmental determinations; (b) the City’s approval and issuance of this
permit; and (c) the 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 permit
where indicated below. The Property Owner’s and Applicant’s compliance with
this provision shall be binding on any and all of their successors and assigns.
4. The Applicant shall comply with all requirements and guidelines of the City of
Chula Vista General Plan; the City’s Growth Management Ordinance; Chula Vista
Landscape Manual, Chula Design Plan and the Non-Renewable Energy
Conservation Plan as amended from time to time, unless specifically modified by
the appropriate department head, with the approval of the City Manager. These
plans may be subject to minor modifications by the appropriate department head,
with the approval of the City Manager, however, any material modifications shall
be subject to approval by the Planning Commission.
5. This permit shall expire if not utilized within three years of the 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.
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III. GOVERNMENT CODE SECTION 66020 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; that any such protest must be in a manner that complies with
Government Code Section 66020(a); and that failure to follow this procedure in a
timely manner 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 the project, nor does it apply to
any fees, dedication, reservations, or other exactions that have been given notice
similar to this, nor does it revive challenges to any fees for which the statute of
limitations has previously expired.
IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document by signing on the
lines provided below, indicating that the Property Owner and Applicant have each
read, understood, and agreed to the conditions contained herein and will implement
same. Upon execution, this document shall be recorded with the County Recorder
of the County of San Diego, at the sole expense of the Property Owner and/or
Applicant, and a signed, stamped copy shall be returned to the Development
Services Department. Failure to return the signed and stamped copy of this recorded
document within 10 days of recordation shall indicate the Property
Owner/Applicant’s desire that the Project and corresponding application(s) for
building permits and/or a business license be held in abeyance without approval.
Property Owner:
Creative Opportunities QOZB, LP
___________________________________ ________________
By Michael Todd Kent, Chief Operating Officer Date
Applicant:
Creative Opportunities QOZB, LP
____________________________________ ________________
By Bryan Rivera, Chief Operating Officer Date
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V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to be met, or in the case that they are, by their
terms, to be implemented and maintained over time, if any of such conditions fail
to be so implemented and maintained according to their terms, the City shall have
the right to revoke or modify all approvals herein granted; deny or further condition
issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
institute and prosecute litigation to compel their compliance with said conditions;
or seek damages for their violation. Failure to satisfy the conditions of this permit
may also result in the imposition of civil or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution
is dependent upon the enforceability of each and every term, provision, and
condition herein stated and that, in the event that any one or more terms, provisions,
or conditions are determined by a Court of competent jurisdiction to be invalid,
illegal, or unenforceable, this Resolution and the permit shall be automatically
revoked and of no further force and effect.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of December 2022, by the following vote, to-wit:
AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, Zaker
NOES: 0
ABSENT: 0
ABSTAIN: 0
______________________________
Max Zaker, Chair
ATTEST:
____________________________
Patricia Salvacion, Secretary
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Presented by: Approved as to form by:
_________________________ ____________________________
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
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