HomeMy WebLinkAboutResolution 2023-04 Attachment 2
RESOLUTION NO. 2023-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT (DR22-0007) FOR A 41,930-
SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A 2.48-ACRE SITE
IDENTIFIED AS LOT 8 WITHIN THE OTAY RIVER BUSINESS PARK
SPECIFIC PLAN
WHEREAS, on March 14, 2022, a duly verified application for a Design Review Permit
(DR22-0007) was filed with the City of Chula Vista Development Services Department by Otay
River Business Park Development, LLC (“Property Owner”); and
WHEREAS, the area of land that is the subject of this Resolution is an existing vacant
2.48-acre parcel located at 2775 Faivre Street, between Broadway and Seventh Street (“Project
Site”); and
WHEREAS, the Applicant requests approval of a 41,930-square foot office/warehouse
building within the PA-2 zone of the Otay River Business Park (“ORBP”) Specific Plan
(“Project”); and
WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”) Section
19.14.582, plans for the establishment, location, expansion or alteration of structures in all
multifamily residential zones and all commercial and industrial zones shall require design review
by the Planning Commission; 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 (“MND”) and
Mitigation Monitoring and Reporting Program (“MMRP”) (IS15-0005/MPA15-0022; SCH#
2017111012) adopted by the City Council on March 13, 2018; and
WHEREAS City staff recommends approval and adoption of Design Review Permit
(DR22-0007) for the Project; and
WHEREAS, the Director of Development Services set the time and place for a hearing
before the Planning Commission for consideration of DR22-0007, 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, after review and consideration of the Staff Report and related materials for
the Project, the hearing was held on the Project 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:
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1. The proposed development is consistent with the City of Chula Vista’s General Plan,
Title 19 of the CVMC, 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 CVMC, which allows for industrial uses. The Project
complies with the ORBP Specific Plan for the allowable use, building height, setbacks,
parking, and screening requirements for loading docks.
2. The design features of the proposed development are consistent with, and are a cost -
effective method of satisfying, the ORBP 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 and durable and will 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 administratively 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 comply with all requirements and guidelines of the ORBP Specific
Plan; the CVMC; the Chula Vista Subdivision Manual; the Chula Vista Design and
Construction Standards; the Development Storm Water Manual for Development and
Redevelopment Projects (“BMP Manual”); Chula Vista 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-16-0007.
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, Americans with Disabilities
Act (“ADA”) Standards, and Title 24 standards, as applicable.
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 sufficient information regarding the Project Best Management Practice’s
(“BMPs”) objectives. Additional requirements may be imposed at the time of development
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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 sufficient information
regarding the Project’s drainage objectives. 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 Construction General Permit (“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.
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.
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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,
including, but not limited to the installation of stop signs, limit lines, and stop legends at
the exits of both proposed driveways.
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 shall
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. In the event Lot 8 of Map 16399 and adjacent Parcel 1 of Lot Line Adjustment, LLA 21-
0004, are not under the same ownership, a recorded reciprocal private shared access
easement for the shared driveway entrance shall be required.
31. Prior to grading plan approval, the Applicant shall upload digital files, in a format such as
AutoCAD (.dwg or .dxf) (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or
personal geodatabase (ArcGIS version 9.0 or above to the City’s digital submittal file
upload website at: http://www.chulavistaca.gov/goto/GIS. The site only accepts zip
formatted files.
32. The Applicant is advised that there may be additional requirements set at the time his/her
development takes place, depending upon final plans submitted for grading, improvement,
and/or building permits.
Landscape
33. Prior to the second submittal of the building permit set, the Applicant shall submit a
complete set of Landscape Improvement plans for review and approval by the Director of
Development Services or designee. For further information about submitting landscape
improvement plans and to download a Landscape Improvement review packet, see the
following link. https://www.chulavistaca.gov/departments/development-
services/resources/dsdformsspecifications. Said plans shall conform to the following City
documents, including but not limited to:
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a. Landscape Water Conservation Ordinance (“LWCO”), Chapter 20.12 of the
CVMC
b. City of Chula Vista Landscape Manual
c. Shade Tree Policy (576-19)
34. Prior to the first submittal of the landscape improvement plans, the Applicant shall verify
and coordinate the locations of tree plantings to ensure all planting areas, especially for
trees shading parking areas and along the north side of the building, are consistent
throughout the Project and various disciplines’ sheets.
35. Prior to the final building inspection, the Owner shall hav e installed landscape
improvements and have had said improvements inspected by City staff, per approved
Landscape Improvement Plans, to the satisfaction of the Director of Development Services
or designee.
II. The following ongoing conditions shall apply to the Project Site as long as it relies upon
this approval:
1. The Applicant shall maintain the Project in accordance with the approved plans for DR22-
0007, which include a site plan, floor plans, and elevations on file in the Development
Services Department. The Project shall also maintain compliance with the conditions
contained herein and Title 19 of the CVMC.
2. 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.
3. The Property Owner shall and do hereby agree to fully and timely 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 fees (collectively, “liabilities”)
incurred by the City arising, directly or indirectly, from (a) the City’s approval and issuance
of this permit and (b) the City’s approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and the
Applicant shall acknowledge their agreement to this provision by executing a copy of this
permit where indicated below. The Applicant and Property Owner’s compliance with this
provision is an express condition of this permit and shall be binding on any and all of the
Applicant/operator’s 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 (including its Water
Conservation Plan), the Chula Vista Landscape Manual, the Chula Vista Design Plan, and
the Non-Renewable Energy Conservation Plan as amended from time to time, unless
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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.
6. Any violations of the terms and conditions of this permit may result in the imposition of civil
or criminal penalties and/or the revocation or modification of this permit.
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; 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 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.
Owner/Applicant:
________________________________ ________________________
William Mayer, Chief Operating Officer Date
for Otay River Business Park Development, LLC
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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.
Presented by: Approved as to form by:
_________________________ _____________________
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 8th day of February 2023, by the following vote, to-wit;
AYES: Burroughs, Combs, De La Rosa, Felber, Torres
NOES: 0
ABSENT: Milburn, Zaker
ABSTAIN: 0
_________________________
Max Zaker, Chair
ATTEST:
________________________
Patricia Salvacion, Secretary
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