Planning Commission Appeal:
Heritage Industrial Center
1 Chula Vista City Council
March 22, 2022
Item 7.1
APPEAL OF PLANNING COMMISSION
CHRONOLOGY OF PROJECT
• April 26, 2021 – Application for Design Review
Project Filed with City of Chula Vista’s DSD
Department
• October 27, 2021 - Application for Variance
Application filed with City of Chula Vista
• February 9, 2022 – Planning Commission Hearing on
Project – approved
• February 23, 2022 – Appeal filed by Mr. Salvador
Abrica
APPEAL OF PLANNING COMMISSION
Municipal Code Provisions - Appeal
Chula Vista Municipal Code (CVMC) 19.14.588B – Upon
the hearing of such appeal the City Council may, by
resolution, affirm, reverse or modify, in whole or in
part, any determination of the Planning Commission.
The resolution must contact a finding of facts showing
wherein the project meets or fails to meet the
requirements of this chapter and the provisions of the
design review manual.
APPEAL OF PLANNING COMMISSION
CAUSES OF ACTION FOR APPEAL
1. Findings Not Supported: The Project should go
through California Environmental Quality Act
(“CEQA”) review but was wrongly exempted due to
inaccurate information.
APPEAL OF PLANNING COMMISSION
CAUSES OF ACTION FOR APPEAL
2. Factual Error: The evidence the FEIR relied upon by
the decision-maker was inaccurate in realistically
assessing the Heritage Industrial Center’s
environmental impacts:
a. The Project is likely to be an Amazon Last Mile
Delivery Station;
b. The Project may not create good jobs.
PROJECT LOCATION
PROJECT LOCATION & SURROUNDING USES
EXISTING
INDUSTRIAL
USES
SELF
STORAGE
CHEVRON
GAS STATION
VILLAGE 3 CORE
MIXED-USE
Site Layout
Heritage Road
Building A Building B Building C
Colors and Building Materials
Project Rendering
Building A - Elevations
Building B - Elevations
Building C - Elevations
First Floor: 102,400 SF
(Including 2,500 SF Office
And 2,000 SF future office)
Mezzanine: 2,500 SF Office
104,900 SF Total
Building A - Floorplan
Building B - Floorplan
First Floor: 53,700 SF
(Including 2,000 SF Office
And 2,000 SF future office)
Mezzanine: 2,000 SF Office
55,700 SF Total
Building C - Floorplan
First Floor: 38,600 SF
(Including 2,000 SF Office)
Mezzanine: 2,000 SF Office
40,600 SF Total
Wall Height Variance
Retaining wall fronting
Building A will have vines
growing to the face of the
walls. All retaining walls on
site are natural gray stone-
faced block.
Wall Exhibit
LOOKING SOUTH FROM HERITAGE RD
Wall Exhibit
LOOKING NORTH FROM HERITAGE RD
APPEAL OF PLANNING COMMISSION
Municipal Code Provisions - Appeal
Chula Vista Municipal Code (CVMC) 19.14.588B – Upon
the hearing of such appeal the City Council may, by
resolution, affirm, reverse or modify, in whole or in
part, any determination of the Planning Commission.
The resolution must contact a finding of facts showing
wherein the project meets or fails to meet the
requirements of this chapter and the provisions of the
design review manual.
APPEAL OF PLANNING COMMISSION
CAUSES OF ACTION FOR APPEAL
1. Findings Not Supported: The Project should go
through California Environmental Quality Act
(“CEQA”) review but was wrongly exempted due to
inaccurate information.
Staff analyzed the intended use of industrial
buildings and determined the use was adequately
analyzed in the previous FEIR. The Planning
Commission’s decision was predicated on the factual
decision and analysis conducted by staff.
APPEAL OF PLANNING COMMISSION
FINDINGS FOR DESIGN REVIEW
1. That the proposed project is consistent with the
development regulations of the Village 3 Sectional
Planning Area (Village 3 SPA) Plan, and the Planned
Community (PC) District Regulations.
2. The proposed project is consistent with the design
and development standards of the Village 3 Business
Park Design Guidelines.
LAND USE TABLE – VILLAGE 3
INDUSTRIAL DISTRICT USES
LAND USES FOR VILLAGE 3 – EIR
LAND USE MAP FOR VILLAGE 3 – EIR
APPEAL OF PLANNING COMMISSION
Transportation Analysis
• CEQA impacts are based on Vehicle Miles
Traveled(VMT) versus Level of Service (LOS).
• Proposed project traffic generation based on
eCommerce rate.
• Proposed traffic generation is 1,669 daily trips
(this is 118 more trips than approved traffic
generation for the project)
APPEAL OF PLANNING COMMISSION
Transportation Analysis
Net increase is less than 200 daily trips
• Project is screened from further review per
the City’s Transportation Study Guidelines
consistent with SB 743.
The project is located in an area with VMT per
employee that is below the City’s significance
threshold.
APPEAL OF PLANNING COMMISSION
CAUSES OF ACTION FOR APPEAL
2. Factual Error: The evidence the FEIR relied upon by
the decision-maker was inaccurate in realistically
assessing the Heritage Industrial Center’s
environmental impacts:
a. The Project is likely to be an Amazon Last Mile
Delivery Station;
b. The Project may not create good jobs.
APPEAL OF PLANNING COMMISSION
CAUSES OF ACTION FOR APPEAL
The Appellant’s claim is speculative in nature and
not supported by public testimony provided by the
Project Applicant.
At the February 9, 2022, Planning Commission
hearing, the Applicant informed the Planning
Commission that they have not been in discussions
with Amazon regarding any of the three buildings
planned for the Project site and that the project is
being constructed on a speculative basis (no
committed tenants).
RECOMMENDATIONS
Adopt a Resolution denying the
appeal and affirming the Planning
Commission’s approval of Design
Review Permit (DR21-0007) and
Variance Permit (VAR21-0001).