RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING THE APPEAL BY SALVADAR
ABRICA AND AFFIRMING THE PLANNING COMMISSION’S
APPROVAL OF DESIGN REVIEW PERMIT DR21-0007 AND
VARIANCE VAR21 -0001 TO CONSTRUCT THREE
INDUSTRIAL BUILDINGS AND TO ALLOW AN INCREASE IN
WALL HEIGHT, LOCATED ON 11.6 ACRES WITHIN OTAY
RANCH VILLAGE 3, KNOWN AS THE HERITAGE INDUSTRIAL
CENTER
WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit “A,” attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 11.6-acres is made up of three parcels within the Village 3 Business Park, located north and northwest of Heritage Road at the intersection of Heritage Road and Santa Maya in Otay Ranch Village 3 (the “Project Site”); and
WHEREAS, on April 26, 20 21, and October 27, 2021, Rockefeller Group (the “Applicant”) submitted duly verified applications requesting ap proval of Design Review Application DR21-0007 and Variance VAR21-0001, respectively, which were filed with the City of Chula Vista Development Services Department; and
WHEREAS, said Applicant requests approval of Design Review Application DR21-0007 and Variance Application VAR21-0001 to construct three industrial buildings on an 11.6-acre site consisting of three parcels with associated parking and landscaping (the “Project”) on the Project Site; and
WHEREAS, a hearing time and place was set by the Plann ing Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the e xterior boundaries of the Project Site, at least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on February 9, 2022 in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs’ presentation; and WHEREAS, the Planning Commission considered a Motion to approve the Project . T he Planning Commission approved the Project by a vote of 5 – Yes to 0 – No; and WHEREAS, on February 23, 2022, Salvador Abrica (the “Appellant”) filed an appeal of the Planning Commission ’s Decision to approve Design Review Application DR21-0007 and VAR21-0001 (the “Appeal”); and
WHEREAS, the City Clerk set the time and place for the public hearing on the Appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior Resolution No.______
boundary of the Project Site at least 10 days prior to the hearing; and
WHEREAS, the City Council held a duly noticed public hearing to consider said Appeal at the time and place as advertised, namely March 22, 2022 at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code (CVMC) Sections 19.14.588.B and 19.14.240, the Appeal that is the subject of this Resolution is hereby denied and the decision of the Planning Commission to approve the Project is hereby affirmed , with findings as follows:
I. ENVIRONMENTAL REVIEW
The Project was adequately covered in previously certified Final Environmental Impact Report (FEIR 13-01) (SCH No. 2013071077) prepared for the Otay Ranch University Villages Project Comprehensive Sectional Planning Area (SPA) Plan Amendment and certified by the City Council on December 2, 2014. Thus, no further environmental review is required.
II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE
The City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby adopt all findings made by the Planning Commission contained in Design Review Application DR21-0007 for the Project and Variance VAR21-0001, which are attached hereto and incorporated herein by this reference, as if said findings were their own.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Appeal that is the subject of this Resolution is hereby DENIED and that the determination of the Planning Commission is hereby AFFIRMED, in accordance with the applicable development standards, regulation and guidelines of the Chula Vista Municipal Code and the Conditions of Approval specified in Planning Commission Resolutions DR21-0007 and VAR21 -0001 dated February 9 , 20 22, attached hereto and i ncorporated herein by this reference, as may be modified hereby.
Presented by: Approved as to form by:
_______________________________ ____________________________ Tiffany Allen Glen R. Googins
Director of Development Services City Attorney