HomeMy WebLinkAboutResolution 2023-11 Attachment 4
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RESOLUTION NO. 2023-11
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT (DR21-0032) FOR A 178,156-
SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A 9.72-ACRE SITE
WHEREAS, on December 20, 2021, a duly verified application for a Design Review (DR21-
0032) was filed with the City of Chula Vista Development Services Department by VWP-OP
Shinohara Owner, LLC (“Property Owner” and “Applicant”); and
WHEREAS the area of land that is the subject of this Resolution is an existing, vacant 9.72-
acre parcel located at 517 Shinohara Lane, west of Brandywine Avenue and at the terminus of
Shinohara Lane (“Project Site”); and
WHEREAS the Applicant requests approval of a 178,156-square foot office/warehouse
building within the Limited Industrial – Precise Plan (ILP) zone (“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 proposed project for
compliance with the California Environmental Quality Act (“CEQA”) and has conducted an Initial
Study, IS21-0006 in accordance with CEQA; based upon the results of the Initial Study, the
Director of Development Services has determined that the project could result in significant effects
on the environment; and revisions to the project will be made by or agreed to by the Applicant so
as to avoid the effects or to mitigate the effects to a point where clearly no significant effects would
occur; and
WHEREAS the Director of Development Services has caused the preparation of a
Mitigated Negative Declaration (“MND”) (IS21-0006; SCH#2022080431) and associated
Mitigation, Monitoring and Reporting Program (“MMRP”); and
WHEREAS City staff recommends approval and adoption of DR21-0032 and the Project;
and
WHEREAS the Director of Development Services set the time and place for a hearing
before the Planning Commission for consideration of DR21-0032, 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 Chula Vista Planning Commission has reviewed and considered all materials
for DR21-0032 and the Project; and
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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 finds that the proposed DR21-0032 is consistent with the City of Chula Vista’s General Plan,
the Chula Vista Design Manual, and Title 19 of the CVMC because the Limited Industrial zone
allows industrial uses on the Project site. The Project complies with the standards set forth in the
CVMC regarding building height, setbacks, parking, screening, and other development criteria.
The building design incorporates several desired features from the Chula Vista Design Manual,
such as varied facades and roof articulation, with a modern architectural theme in keeping with
surrounding industrial development. Staggered wall planes create pockets of light and shadow and
provide architectural relief, and all building materials will be high-quality and durable and will
require little maintenance.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above,
does hereby approve the Design Review Permit DR21-0032, 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. A graffiti-resistant treatment shall be specified for all exterior wall and building
surfaces. Additionally, the Project shall conform to CVMC 9.20 regarding graffiti
control.
3. 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.
4. 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.
5. 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.
6. 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 CVMC.
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7. All mitigation measures recommended in MND IS21-006 and contained in the MMRP
are adopted and incorporated into this approval of DR21-0032. Prior to issuance of
grading and/or building permits, the Applicant shall demonstrate compliance with
applicable mitigation measures outlined in the MMRP for MND IS21-0006.
8. Buildings shall be designed to minimize energy consumption, in compliance with
California Building Energy Efficiency Standards, Title 24, Parts 6 and 11.
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,
landscape, civil, and fence and wall 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 Chula Vista Subdivision Manual; City of Chula Vista Design and
Construction Standards; the Development Storm Water Manual for Development and
Redevelopment Projects; the Chula Vista Best Management Practices (“BMPs”)
Design Manual; the City of Chula Vista Grading Ordinance (No. 1797); and the
California Subdivision Map Act.
10. All driveways shall conform to the City of Chula Vista’s sight distance requirements
in accordance with CVMC 12.12.130 and Chula Vista standard drawing RWY-05
(Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall
obstruct the visibility of drivers at street or driveway intersections.
11. Prior to issuance of the grading permit, the Applicant shall vacate the existing street
easement cul-de-sac at the terminus of Shinohara Lane.
12. Prior to issuance of the grading permit, the Applicant shall grant a public access
easement to the City for turnarounds within the Project boundary, to the satisfaction of
the City Engineer.
13. Proposed fire access roads shall meet H-20 loading requirements or be designed for a
Traffic Index (T.I.) of five (5).
14. Streets or driveways within the Project shall be designated as private.
15. The Applicant shall submit grading plans to the City for review and obtain a Land
Development Permit. Plans shall be in conformance with the City’s Subdivision
Manual and CVMC requirements.
16. The Applicant shall provide a letter of acceptance from the site that will accept the
proposed export material (estimated at 5,000 cubic yards). In addition, a transportation
permit is required prior to grading permit issuance for the movement of the material.
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17. The proposed depths of cut and fill shall require structural designs for the proposed
retaining walls and specific construction recommendations from a soil engineer.
18. Proposed retaining wall construction shall have no impact on the neighboring
properties and shall not extend beyond the Project site without written permission from
neighboring property owners and/or an easement, to be obtained prior to any
construction activities.
19. The Project site shall implement construction BMPs in accordance with the
performance standards outlined in Appendix K of the BMP Design Manual. In general,
for projects disturbing one (1) acre or more, construction BMPs must be identified in a
Storm Water Pollution Prevention Plan (“SWPPP”) and require coverage under and
compliance with the Construction General Permit (“CGP”).
20. Permanent storm water requirements, including site design, source control, treatment
control, and hydromodification control BMPs, all as shown in the approved Priority
Development Project (“PDP”) Storm Water Quality Management Plan (“SWQMP”),
shall be incorporated into the Project design and shown on the plans. Sizing
calculations and specifications must be provided for each BMP.
21. A complete and accurate Notice-of-Intent (“NOI”) shall be filed with the State Water
Resources Control Board (“SWRCB”), and a copy of the acknowledgement from the
SWRCB that a NOI has been received shall be filed with the City of Chula Vista upon
receipt. 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.
22. The Property Owner shall enter into a Storm Water Management Facilities
Maintenance Agreement to perpetually maintain all permanent BMPs located within
the Project Site prior to issuance of any grading, construction, or building permits,
whichever occurs first.
23. The Applicant shall submit detailed operation and maintenance (“O&M”) plans for all
permanent BMPs as required by the City to preserve the intended pollution control
and/or flow control performance of said BMPs. Upon completion of the BMPs/Project,
the Applicant shall update/finalize the O&M plan to reflect constructed structural
BMPs with as-built plans and baseline photos.
24. Prior to obtaining any building permits for the Project, a minor construction permit is
required to perform the following work in the City’s right-of-way:
a. Restriping the Brand ywine Avenue/Shinohara Lane intersection, including
removal of on-street parking on the south side of the roadway to accommodate
the restriping;
b. Installing a double-yellow center line in Shinohara Lane;
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c. Installing red curb on both sides of the turnaround easement on Shinohara Lane
approaching the Project’s entrance;
d. Installing red curb in the turnaround area within the proposed fire access
easement; and
e. Installing “No Parking/Tow Away” signs at the entrance to the private drive to
prevent attempted parking at this location.
A complete set of signage and striping plans shall be submitted for review with the
street improvement plans, as well as a roadway section of Main Street west of
Brandywine Avenue substantiating that an additional lane can be provided through
restriping.
25. Prior to issuance of the first tenant improvement, the Applicant shall provide the City
with information about the site user, including justification for classifying the use as
either a warehousing building or distribution facility, as described in the Local Mobility
Analysis (“LMA”), dated July 19, 2022, subject to City concurrence. If no end user is
identified, then the required improvements will be those identified for a distribution
facility as described in Chapter 12, Section B of the LMA.
If the City determines that the end user should be classified as a warehousing building,
the Applicant shall provide the following to address the Project’s substantial traffic
effects:
a. Main Street/Brandywine Avenue: A fair share contribution toward restriping the
southbound approach to the intersection to replace the existing southbound
through lane with a southbound shared through/right turn lane.
b. Brandywine Avenue/Shinohara Lane: Full funding for restriping the eastbound
intersection approach to provide one exclusive left turn lane and one exclusive
right turn lane.
If the City determines that the end user should be classified as a distribution facility, the
Applicant shall provide the following to address the Project’s substantial traffic effects:
a. Main Street/Brandywine Avenue: A fair share contribution toward restriping the
southbound approach to the intersection to replace the existing southbound
through lane with a southbound shared through/right turn lane and restripe the
eastbound intersection approach to provide one additional eastbound left turn
lane, consistent with the conceptual layout contained in LMA Appendix I.
b. Brandywine Avenue/Shinohara Lane: Full funding for restriping the eastbound
intersection approach to provide one exclusive left turn lane and one exclusive
right turn lane.
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26. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall
be required as necessary. Utilities trenching and restoration shall be per Chula Vista
Construction Standard GSI-03.
27. Any improvements in the right-of-way beyond the Project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
28. The on-site 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.
29. 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 California Building Code (“CBC”) Title 24 standards as
applicable.
30. Any private facilities proposed within the public right-of-way or a City easement shall
require an Encroachment Agreement prior to improvement plan or building permit
approval.
Landscape Architecture
31. 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:
a. Landscape Water Conservation Ordinance (LWCO), CVMC 20.12
b. Chula Vista Landscape Manual
c. Shade Tree Policy (576-19)
32. 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.
33. Prior to the final building inspection, the Property Owner shall have installed landscape
improvements and have had said improvements inspected by City staff, per approved
landscape improvement plans and to the satisfaction of the Director of Development
Services or designee.
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II. The following ongoing conditions shall apply to the Project Site as long as it relies upon this
approval:
34. All truck traffic shall adhere to the designated truck routes as noted in the Chula Vista
General Plan and CVMC. Future tenants shall turn south from Shinohara Lane onto
Brandywine Avenue to access the nearest Truck Route, Main Street, thereby avoiding
residential areas north along Brandywine Avenue. The Applicant shall provide notice
to the end user that Project trucks are restricted to City-designated Truck Routes
(https://www.chulavistaca.gov/home/showpublisheddocument/2140/63642864452943
0000) and must comply with truck routing provisions in CVMC 10.64. Trucks may not
be routed to any roadways that serve the residential communities north of the project
site.
35. The Applicant shall maintain the Project in accordance with the approved plans for DR21-
0032, 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.
36. 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.
37. The Applicant and Property Owner shall and do hereby agree to timely and fully
indemnify, 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 compile 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.
38. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan, the Chula Vista Landscape Manual, the Chula Vista Design
Manual, 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.
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39. This permit shall expire if not utilized within three years of the approval date (June 28,
2026) or the end of any appeal period unless the Applicant initiates an extension prior
to expiration of the permit in accordance with CVMC 19.14.600.
40. 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 s igning 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/Applicant:
________________________________ ________________________
Steven Schwarz Date
for VWP-OP Shinohara Owner, LLC
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PC Resolution No. 2023-11
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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 for Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of June 2023, by the following vote, to-wit;
AYES: Burroughs, Combs, Felber, Zaker
NOES: 0
ABSENT: De La Rosa, Torres
ABSTAIN: 0
_________________________
Max Zaker, Chair
ATTEST:
________________________
Patricia Salvacion, Secretary
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