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HomeMy WebLinkAboutResolution 2025-06RESOLUTION NO 2025-06 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ROHR WOHL SPECIFIC PLAN (EIR22-0003) AND RECOMMENDING APPROVAL OF THE ROHR WOHL SPECIFIC PLAN AND RELATED AMENDMENTS TO THE CHULA VISTA GENERAL PLAN AND THE CHULA VISTA BAYFRONT LOCAL COASTAL PROGRAM (MPA21-0021); AND TENTATIVE PARCEL MAP (TM23-0002); AND ISSUANCE OF A COASTAL DEVELOPMENT PERMIT FOR THE ADOPTION OF THE ROHR WOHL SPECIFIC PLAN WHEREAS, on October 28, 2021, a duly verified application was filed with the City of Chula Vista Development Services Department by PW Wohl G Street, LLC, a Delaware limited liability company, and Wohl Property Group, LLC, a California limited liability company (collectively, “Applicant” or “Developer”), proposing to adopt and approve the Rohr Wohl Specific Plan and to amend the Chula Vista General Plan and the Chula Vista Bayfront Local Coastal Program (“LCP”) to reflect changes in zoning resulting from the proposed Rohr Wohl Specific Plan (“Project”); and WHEREAS, the area of land that is the subject of this Resolution, for the purpose of general description, is located west of Interstate 5, north of H Street, east of Marina Parkway, and south of G Street (“Project Site”); and WHEREAS, the Project generally proposes to change the zoning of the Project Site from general industrial to allow a variety of uses including business parks, regional technology parks, light industrial, commercial retail, office, and visitor-oriented uses; and WHEREAS, the Applicant also proposes a Tentative Parcel Map (“TPM”) and Coastal Development Permit (“CDP”) to memorialize the development areas described in the Project; and WHEREAS, the Project is located within the coastal zone as defined in the California Coastal Act, and the Project meets the definition of development as defined in the LCP, thus requiring issuance of a CDP; 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 could result in significant impacts on the environment, and such impacts that cannot be clearly mitigated to a level of insignificance without further analysis being identified in a Final Environmental Impact Report (EIR22-0003; SCH #2022100138) and mitigation measures being identified in a related Mitigation Monitoring and Reporting Program prepared by the Applicant; and Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 2 WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission of the City of Chula Vista (“Planning Commission”), 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 within 500 feet of the exterior boundaries of the property at least 20 days prior to the hearing date, in accordance with Assembly Bill 2904; and WHEREAS, after its review and consideration of the staff report and related materials for the Project, the Planning Commission conducted a hearing at the time and place as advertised in the Council Chambers, 276 Fourth Avenue; and WHEREAS, City staff recommended that the Planning Commission recommend to the City Council of the City of Chula Vista (“City Council”) that it certify the Final Environmental Impact Report and adopt the related Mitigation Monitoring and Reporting Program (EIR22-0003) for the Project, adopt and approve the Rohr Wohl Specific Plan and approve related amendments to the Chula Vista General Plan and the LCP (MPA21-0021) reflecting a zone change, as well as approving a TPM (TM23-0002) and issuing a CDP for approval of the Project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby recommends that the City Council adopt a resolution certifying Final Environmental Impact Report EIR22-0003 and adopting its Mitigation Monitoring and Reporting Program; amending the Chula Vista General Plan and the LCP and adoption of the Rohr Wohl Specific Plan; issuance of a CDP; and approval of the TPM with the following conditions of approval. TENTATIVE PARCEL MAP CONDITIONS OF APPROVAL Planning: 1. The Applicant and/or its successors in interest shall improve the Project Site in accordance with the adopted Rohr Wohl Specific Plan (MPA21-0021) and related zone changes, the Project Design Features listed in the certified Final EIR (EIR22-0003) and the related MMRP, the CDP, and the approved TPM (TM23-0002), subject to the conditions listed herein. 2. Unless otherwise specified, prior to approval of a final map for the Project, all conditions and code requirements listed herein shall be fully completed by the Applicant, Property Owner, or a successor in interest to the satisfaction of the Director of Development Services or their designee. 3. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer or their designee(s), the mitigation measures identified in the certified Final EIR (EIR22-0003) and its associated MMRP within the timeframe specified in the MMRP. The monitoring reporting agency identified in the MMRP for each mitigation measure shall ensure that each measure is implemented in accordance with the MMRP. Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 3 4. Any conflict between these conditions of approval and any other City entitlement or approval document relating to the Project shall be resolved by the Director of Development Services or their designee in their discretion. Land Development: 5. Prior to the issuance of any future or additional grading permit required for the Project, the Applicant shall prepare a Soil and Groundwater Management Plan (“SGMP”), which is a component of the site remediation program, as outlined in the May 17, 2024, Soil and Gas Remedial Alternatives Report and Remedial Action Plan. The SGMP shall be reviewed and approved by the San Diego Regional Water Quality Board, which provides environmental oversight under Cleanup and Abatement Order R9-2012-0042. The SGMP shall address soil conditions that might be encountered during site grading due to undocumented fill buried on the Project Site. If unsuitable material is encountered during excavation, the material shall be segregated, characterized, and disposed of in accordance with the requirements set forth in the approved SGMP. 6. The Applicant shall comply with all requirements and guidelines of the CVMC; the Subdivision Manual; the Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects; the Chula Vista Best Management Practices (“BMP”) Design Manual; the Chula Vista Grading Ordinance (No. 1797); and the Subdivision Map Act. 7. The Applicant shall comply with all applicable conditions in the City’s Standard Conditions of Approval per Section 5-300 (Standardized Tentative Map Conditions) of the Subdivision Manual. 8. Any subsequent submittals for the Project required by the Subdivision Manual and/or the CVMC shall include applicable deposits to development accounts in accordance with the City’s Master Fee Schedule, and upon submittal of the final building plans for the Project, the Applicant shall pay all applicable fees per the City’s Master Fee Schedule. 9. Rough grading activities have commenced on the Project Site under an approved grading permit. In accordance with CVMC 15.04, the Applicant shall obtain all required remaining Land Development permits prior to beginning any additional earthwork activities on the Project Site and prior to the issuance of any building permits for the Project. The Applicant shall submit grading plans in compliance with the Subdivision Manual and the City’s Development Storm Water Manual requirements. 10. The Applicant shall ensure that all private lot drainage and slopes comply with the current building code used by the City of Chula Vista. 11. If the Project proposes to remove any soil from the Project Site as part of its grading plan, the Applicant shall obtain a transportation permit and provide a letter from the owner(s) of the receiving site prior to the issuance of a grading permit. 12. The following applies to all Project retaining walls: Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 4 a. Walls not built in accordance with the San Diego Regional Standard Drawings or Chula Vista Construction Standard GRD-05 shall require structural wall calculations. b. Retaining walls that will be part of a building wall must be approved as part of the applicable building permit for the Project. c. Retaining wall drains shall tie into the existing or proposed drainage system. 13. Prior to the issuance of grading, construction, and/or building permits for the Project, the Applicant shall document compliance with BMP requirements on the applicable plans. The Applicant shall develop and implement post-construction BMPs in accordance with the current regulations at the time of grading, construction, and/or building permit issuance. 14. Prior to the issuance of any building permit for the Project, the Applicant shall provide proof of pad certification(s). 15. Prior to the issuance of the earliest of the grading, construction, or building permits for the Project, the Property Owner shall enter into a Storm Water Management Facilities Maintenance Agreement, when applicable, for the perpetual maintenance of all permanent BMPs within the Project Site. All BMPs proposed for this Project shall be funded, owned, and maintained by the Applicant into perpetuity and at no cost to the City. 16. Prior to the approval and issuance of a grading permit and/or construction permit, a complete and accurate Notice of Intent (“NOI”) for the Project shall be filed with the State Water Resources Control Board (“SWRCB”) covered under the Construction General Permit. A copy of the acknowledgement from the SWRCB that a NOI has been received for the 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 the Project shall be filed with the City of Chula Vista when received. 17. Prior to the approval of any final map or grading plan for the Project, the Project’s Engineer of Work shall request and obtain a waiver from the City Engineer for all proposed subdivision design elements not specifically waived on the TPM and not conforming to adopted City standards. The request shall outline deviations from adopted City standards, and the Engineer of Work shall attest that, in his/her professional opinion, the public’s safety will not be compromised. The City Engineer exercises sole discretion in the review and approval of any waiver request. 18. Prior to approval of the final map, the Applicant shall submit covenants, conditions, and restrictions on the Project Site for review and approval in accordance with Standard Tentative Map Condition No. 34 of the Subdivision Manual. 19. Prior to obtaining any building permit for the Project, the Applicant shall submit improvement plans for review and approval to perform any work in the City’s right-of-way. Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 5 20. Prior to approval of the first final map for the Project, the Applicant shall secure and agree to construct, to the satisfaction of the City Engineer and the City Attorney, all backbone roadway improvements and streets shown on the approved TPM. 21. Prior to the approval of any final map showing public or private streets, the Applicant shall obtain approval of street names from the Director of Development Services and/or the City Engineer. 22. Prior to the issuance of any City permit for the Project, the Applicant shall obtain approval from the applicable utility agencies/companies for all dry utilities proposed on the TPM. 23. Prior to approval of any final map for the Project, the Applicant shall present verification to the City Engineer in the form of a letter from Sweetwater Authority that the subdivision will be provided with adequate water service and long-term water storage facilities. The Applicant shall comply with all Sweetwater Authority requirements, if any. 24. Prior to the issuance of the first building permit for the Project, street improvements and rough grading for the Project shall be completed to the satisfaction of the City Engineer and the Director of Development Services. 25. All driveways shall conform to the City of Chula Vista’s sight distance requirements in accordance with CVMC 12.12.120 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 driveway entrances. Prior to the issuance of a grading permit or construction permit for the Project, an analysis of stopping sight distance and corner sight distance shall be submitted to demonstrate such compliance to the satisfaction of the City Engineer. 26. The Applicant shall remove and replace any broken or damaged curb, gutter, and/or sidewalk along the Project’s frontage in accordance with San Diego Regional Standard Drawings G-02 and G-07 (non-monolithic) and/or G-03 (monolithic). Sidewalk(s) shall be designed and constructed with proper transitions to existing conditions. All such improvements shall be completed to the satisfaction of the City Engineer. 27. Streets or driveways within the Project boundaries shall be designated as private. 28. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required as necessary. Utilities trenching and restoration shall be completed in accordance with Chula Vista Standard Drawing GSI-03. 29. Prior to the issuance of any City permit for the Project, the Applicant shall obtain approval from Sweetwater Authority for any water work associated with the Project. 30. Prior to recordation of the final map, the Applicant shall process and record the proposed Sweetwater Authority easements, as shown on the TPM. The final map shall include, as reference, the newly required Sweetwater Authority easements. Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 6 31. Prior to recordation of the final map, the Applicant shall secure and construct all Sweetwater Authority-owned (public) waterlines associated with the Project. 32. The Applicant, or his/ her successors in interest, shall ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. 33. Any improvements in the right-of-way beyond the Project limits shall be designed and constructed so as not to interfere with access to adjacent businesses, as approved by the City Engineer. 34. The onsite sewer and storm drain systems shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 35. Prior to recordation of the final map, the Public Works Construction Inspection Division shall inspect any existing sewer laterals and connections proposed to be used by the Project. If the inspection(s) requires replacement of any laterals and/or connections, the Applicant shall install such replacements prior to punch list. 36. Whenever a food establishment is proposed on the Project Site, the Applicant shall obtain a fats, oils, and grease (FOG) permit to install a grease pretreatment device in the waste line leading from the area of the proposed food establishment (or from sinks, drains, appliances, and other fixtures or equipment used in food preparation or cleanup) to a point at which grease may be introduced into the public sewage system. This permit shall be obtained prior to approval of the building plans. 37. Any street or easement dedication(s) shall be shown on the final map. 38. Manholes shall be used where private sewer facilities are proposed to connect to the public sewer system with mains that are six (6) inches in diameter or larger. 39. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be designed to meet the City of Chula Vista’s Design Standards, Americans with Disabilities Act (ADA) standards, and Title 24 standards, as applicable. 40. Prior to approval of any improvement plan or building permit for the Project, the Applicant shall obtain a temporary encroachment permit to install any private facilities within the public right-of-way or a City easement. 41. The Applicant shall obtain any permits required by outside agencies and successfully implement the requirements stipulated in such permits prior to the issuance of any City permit. 42. Street vacations associated with the Project shall be completed after Project entitlement but prior to the issuance of any permit for the Project. Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 7 43. Public water system improvements shall be installed in accordance with Sweetwater Authority’s Design Standards and Standard Specification for Construction. 44. All San Diego Gas & Electric (SDGE) facilities located within a Sweetwater Authority- owned easement shall be installed at a minimum 6 inches below Sweetwater Authority’s water facilities, including all clearance requirements according to Sweetwater Authority’s Design and Construction Standards (“SADCS”). 45. Proposed Sweetwater Authority easements, as shown in the TPM, shall be processed, and recorded prior to recordation of the final map. The final map shall reference all newly required Sweetwater Authority easements. 46. Existing water services currently serving the Project Site that are no longer to be utilized shall be removed according to the SADCS, including applicable material requirements. All associated costs shall be borne by the Developer. 47. Any change to existing grade within the public right-of-way, or a Sweetwater Authority-owned easement that adds over 1 foot of elevation over an existing water main alignment shall require full replacement of the water main at the owner’s expense. Any change to existing grade, or elevation within public right-of-way, or an Authority owned easement resulting in a lower finished grade over an existing water main shall be potholed as necessary, by the Developer, to confirm coverage according to SADCS. Coverage that does not comply with the SADCS requires complete water main replacement that shall be borne by the Developer. 48. Proposed sewer and storm drain facilities shall be installed with clearances according to SADCS. 49. Prior to the approval of the final map or grading, improvement, or building permit issuance, whichever occurs first, the Developer shall provide evidence in the form of concurrence from Sweetwater Authority that the Developer has secured the necessary private easements to allow Sweetwater Authority to serve water to the Project. 50. All Sweetwater Authority water pipelines greater than 2-inch in size, shall be rolled welded steel pipe according to SADCS. Pipes shall have a minimum thickness of 0.25 inches with fully welded joints. The pipe shall be cement lined, and its exterior shall be coated by LifeLast® Polyurethanes. The pipe system(s) shall also include cathodic protection, and the entire pipe trench shall be backfilled in cement slurry in order to fully encapsulate and further protect the pipeline. Transportation: 51. Prior to obtaining a certificate of occupancy for any building in Planning Area B-1, the Applicant shall contribute on a fair share basis toward the transportation improvements described in Table 6-4 of the Local Mobility Analysis, as shown below in Exhibit 1. Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 8 52. Prior to obtaining the certificate of occupancy for any building in Planning Area B -1, the Applicant shall restripe the southbound approach at Bay Street/H Street to the satisfaction of the City Engineer. The Applicant shall cover City costs needed to obtain required permits and other approvals from Caltrans. 53. Individual development projects in Planning Area B-1 may conduct additional traffic analyses to identify any incremental changes to the fair share allocation in Exhibit 1, subject to City review and approval. 54. A traffic signal is warranted on Bay Boulevard at the G Street intersection. Additional traffic analysis is necessary to determine whether the Project will trigger an all-way traffic control measure at the intersection. If three-way control is triggered by the Project, the analysis shall determine which traffic control measure is warranted (e.g., all-way stop, roundabout, traffic signal), and the Applicant shall construct such improvement. 55. The improvement plans shall include striping and signage sheets for all streets. All existing striping and signage shall be shown on the plans to determine whether any existing signs need to be relocated and whether existing striping needs to be repainted. All existing signs shall be reviewed by the City based on their condition, and some shall be relocated, replaced, or salvaged. Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 9 56. A traffic signal is warranted along H Street at the Project access. Additional traffic analysis is necessary to determine whether the Project will trigger an all-way traffic control measure at the intersection. If three-way control is triggered by the Project, the analysis shall determine which traffic control measure is warranted (e.g., all-way stop, roundabout, traffic signal), and the Applicant shall construct such improvements. 57. The Project’s improvement plans shall include replacement of the existing W1-7 and OM1-1 signs at the eastern end of G Street. 58. The Developer shall agree not to contest the future establishment of an assessment district that includes the subject property. Such agreement shall be executed and recorded against the property prior to approval of the Final Map. Fire: 59. The Project, Project area, and any subsequent development thereof shall comply with the City of Chula Vista’s adopted Municipal Code, California Fire Code (“CFC”), National Fire Protection Association standards, and the Chula Vista Fire Department’s Fire Safety Engineering Standard Details and Requirements in effect at the time of any permit application and plan submittal. 60. Any development of and within the Project area shall fully comply with the adopted CFC Chapter 33. As part of CFC 33 compliance, any permit submittals shall be accompanied by a City of Chula Vista Fire Department CFC Chapter 33 Construction Site Safety Affidavit. 61. Any development within the Project area, at the time of subsequent building permit submittal/issuance, shall provide a digital emergency response pre-plan that includes building plans and reflects all fire and life safety provisions. Landscape Architecture: 62. Concurrently with the submittal of the first building permit plan set, the Applicant shall submit a complete set of landscape improvement plans for review. Said plans shall be approved by the Director of Development Services or their designee prior to issuance of the first building permit for the Project. For further information about submitting landscape improvement plans, and to download a landscape improvement review packet, visit the Development Services project submittal process webpage. Said plans shall conform to the following City documents, including but not limited to: a. Landscape Water Conservation Ordinance (LWCO), CVMC 20.12 b. City of Chula Vista Landscape Manual c. Shade Tree Policy (No. 576-19) d. Subdivision Manual Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 10 63. Prior to issuance of the first building permit for the Project, the Applicant shall provide a landscape and irrigation bond for landscape improvements within the City’s right-of- way, including but not limited to trees, tree grates, lights, benches, and irrigation water meter(s). 64. Prior to any temporary or final Certificate of Occupancy (COO), the Applicant shall have installed landscape improvements in accordance with the City-approved plans and have had said improvements inspected by the City Landscape Inspector to the satisfaction of the Director of Development Services or their designee. Environmental Services: 65. Prior to issuance of any building permit for the Project, the Applicant shall comply with the construction and demolition debris recycling requirements as set forth in CVMC 8.25.095, including submittal of a waste management report and possible payment of a performance deposit. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council adopt an ordinance approving the Rohr Wohl Specific Plan and its related proposed zone changes (MPA21-0021), as well as the revised exhibits and tables within the LCP’s Bayfront Specific Plan and Land Use Plan that currently governs the Project Site as included as Attachment 9 to the staff report to the Planning Commission on this Project. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6 Resolution No. 2025-06 Page No. 11 Presented by Approved as to form by Robert Vacchi for Marco A. Verdugo Interim Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 27th day of August 2025, by the following vote: AYES: Commissioners: Combs, Leal, Jones, Sanfilippo, Torres, and De La Rosa NOES: Commissioners: None ABSENT: Commissioners: Felber Michael De La Rosa, Chair ATTEST: Mariluz Zepeda, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2025-06 was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 27th of August 2025. Executed this 27th day of August 2025. Mariluz Zepeda, Deputy City Clerk Docusign Envelope ID: 00D040FF-13BA-437C-87D9-EDB98E7D01A6