Resolution B
1 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AFFIRMING THE PLANNING COMMISSION’S
CERTIFICATION OF THE FINAL MITIGATED NEGATIVE
DECLARATION WITH MITIGATION MONITORING AND
REPORTING PROGRAM (IS21-0006; SCH NO. 2022080431) FOR THE
SHINOHARA BUSINESS CENTER PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING THE DESIGN REVIEW PERMIT (DR21 -0032) FOR A
178,156-SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A
9.72-ACRE SITE LOCATED AT 517 SHINOHARA LANE
WHEREAS, VWP-OP Shinohara Owner, LLC (“Applicant” and “Property Owner” ) submitted an application for Design Review (“DR”) of the Shinohara Business Center (“Project”); and
WHEREAS, the Director of Development Services reviewed the Project for compliance with the California Environmental Quality Act ( “CEQA”) and determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur; and
WHEREAS, the Director of Development Services ha d caused the preparation of a Mitigated Negative Declaration (“MND”), IS21-0006, including all technical appendices and the responses to comments to the MND, and an associated draft Mitigation, Monitoring, and Reporting Program (“MMRP”); and
WHEREAS, a draft MND with the MMRP was circulated for public review on two separate occasions, the first review period started August 22, 2022 , to September 22, 2022.
However, due to a missing technical study, an additional 30-day public review period was required to provide the public with all the informational studies analyzed for the project. The MND was updated in response to comments provided during the initial review with additional clarifying information. The recirculation of the Draft MND began January 27, 2023 , for a further 30 -day public review, and was processed through the State Clearinghouse; and
WHEREAS, in consideration of the comments received regarding the Draft MND and requirements of the California Environmental Quality Act (“CEQA”), a Final Mitigated Negative Declaration (“Final IS21-0006” or “Final MND”) was prepared for the Project; and
WHEREAS, the Final MND and the MMRP have been prepared by the City, as the Lead Agency, pursuant to the requirements of the CEQA (Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (14 Cal Code Regs Sections 15000 et seq.) to address the potential environmental impacts associated with the Project; and
City Council Resolution No.
September 12, 2023
2 WHEREAS, the Final MND addresses all comments and recommendations received on the recirculated Draft MND, a list of all persons, organizations, and public agencies commenting on the recirculated Draft MND, and the City’s responses to all “significant environmental points” raised by the public and any agency comments submitted during the review and consultation process, in accordance with State CEQA Guidelines Section 15074; and WHEREAS, the Director of Development Services set the time and place for a hearing before the City Planning Commission on the MND and DR Permit application, 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 duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on June 28, 2023, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staff’s presentation; and WHEREAS, the Planning Commission on June 28, 2023, reviewed the Project for compliance with CEQA and certified the Final MND and MMRP, and approved the D R Permit; and
WHEREAS, on July 12, 2023, the Golden State Environmental Justice Alliance filed an appeal of the Planning Commission’s decisions to certify the Final MND and to approve the DR Permit (DR21-0032); and
WHEREAS, the Project Applicant has prepared, and City staff has reviewed and approved, detailed responses to each appeal issue raised in this matter, which responses are included as Attachment 7 to the staff report for the City Council hearing on the Project; and WHEREAS, the City Clerk set the time and place for the public hearing before the City Council 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 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, City staff recommends certification, approval, and adoption of the Final MND, the MMRP, and the DR Permit for the Project; and
WHEREAS, the Chula Vista City Council has reviewed and considered all such materials for the Final MND, the MMRP, and the DR Permit for the Project; and WHEREAS, the City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely September 12, 2023 at 5:00 p.m., in the City Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Planning Commission’s certification of Final MND (IS21- 0006) and the MMRP, and approv al of DR Permit DR21 -0032 is hereby AFFIRMED, with findings as follows:
City Council Resolution No.
September 12, 2023
3 I. ENVIRONMENTAL REVIEW
That 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, considered the staff report for the hearing on the Project (including all attachments), and the City Planning Commission’s determination and certification for the Final MND (IS21 -0006) and MMRP and adopts t he determination, certification, and all evidence introduced before the Planning Commission at the public hearing on the Final MND (IS21-0006), the MMRP, and the Project, and the resolution(s) resulting therefrom, and which are hereby incorporated into the entire City record of proceedings pursuant to Public Resources Code Section 21167.6 and determines that the Final MND (IS21 -0006) and MMRP were prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq .), and the Environmental Review Procedures of the City of Chula Vista.
Furthermore, the City Council of the City of Chula Vista makes the further findings regarding the Final MND (IS21-0006) and the MMRP:
1. The City Council of the City of Chula Vista has reviewed and considered the staff report for the hearing on the Project (including all attachments), the Final MND (IS21- 0006) and the MMRP for the Project , and the record of proceed ings in this matter, as the Lead Agency pursuant to CEQA and finds that the Final MND and MMRP are adequate, complete and contain all information required under CEQA and the State CEQA Guidelines.
2. As explained in the Final MND, including in all technical appendices, the responses to comments to the Final MND, and staff report for the hearing on the Project (including all Attachments), the mitigation measures contained in the MMRP for the Project can and will mitigate or avoid all potentially significant en vironmental impacts resulting from the Project.
3. The City Council of the City of Chula Vista finds that the MMRP establishes a mechanism and procedure for implementing and verifying the implementation of, and compliance with, the adopted mitigation measur es for the Project pursuant to Public Resources Code Section 21081.6 and State CEQA Guidelines Sections 15097 and 15126.4, and this City Council approves and adopts the MMRP. The MMRP is approved, adopted, is incorporated into the Project as a condition of approval for the Design Review Permit for the Project, and shall be fully enforceable.
4. The City Council of the City of Chula Vista finds that there is substantial evidence in the entirety of the City record of proceedings for the Project to support the conclusions and findings before this City Council.
5. The City Council of the City of Chula Vista finds that the Final MND (IS21-0006) and the MMRP reflects the independent review and judgment of the City Council and the City.
City Council Resolution No.
September 12, 2023
4 6. The City has provided and will continue to provide the Final MND (IS21-0006) and the MMRP, and other materials for the record of proceedings for the Project, on file with the City at 276 Fourth Avenue, Chula Vista, CA 91910, Development Services, and available for inspection.
II. PRESENTATION TO THE DECISION-MAKING BODY
Final MND (IS21-0006) and the MMRP were presented to the City Council of the City of Chula Vista as the decision-making body of the Lead Agency, which reviewed and considered the information contained therein and in the entire record of proceedings prior to appro ving the Project.
III. INDEPENDENT JUDGMENT OF THE CITY COUNCIL
The City Council of the City of Chula Vista utilized its independent judgment and analysis in reviewing Final MND IS21-0006 and the MMRP for the City as Lead Agency for the Project.
IV. NOTICE OF DETERMINATION
The Director of Development Services is directed to file a Notice of Determination with the County Clerk of the County of San Diego should the City Council of the City of Chula Vista approve this Project in accordance with State CEQA Guidelines Section 15075.
V. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE
That 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 resolution(s) for the Project, 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, 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 Chapter 9.20 regarding graffiti control.
City Council Resolution No.
September 12, 2023
5 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.
7. All mitigation measures recommended in Final MND (IS21-0006) and contained in the MMRP are adopted and incorporated into this approval of Design Review Permit 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 Final 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 , and any other applicable State standards or regulations designed to minimize energy consumption.
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 Section 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 gradi ng permit, the Applicant shall vacate the existing street easement cul-de-sac at the terminus of Shinohara Lane.
City Council Resolution No.
September 12, 2023
6 12. Prior to issuance of the grading permit, the Applicant shall grant a public access easement to the City for turnarounds within the Project bo undary, 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 Applican t 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 ac cept 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.
17. The proposed depths of cut and fill shall require structural designs fo r 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 Pro ject 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.
City Council Resolution No.
September 12, 2023
7 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 t he 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 Brandywine 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;
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.
City Council Resolution No.
September 12, 2023
8 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 sou thbound 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.
26. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required as necessary. Utilities tr enching 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 access ible 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 ri ght-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)
City Council Resolution No.
September 12, 2023
9 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 inspecti on, 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.
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/2140/63642864452943000 0) and must comply with truck routing provisions in CVMC 10.64. Tr ucks 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 Design Review Permit 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 me mbers, 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 t he 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 certification of the Final MND and the MMRP, and approval and issuance of this Design Review P ermit DR21-0006,and (b) the C ity’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 w here indicated below. The Applicant and Property City Council Resolution No.
September 12, 2023
10 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.
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 resolut ion; 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 shal l 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 recor ded 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:
City Council Resolution No.
September 12, 2023
11 ________________________________ ________________________ Steven Schwarz Date
for VWP-OP Shinohara Owner, LLC
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 City Council 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.
Submitted by: Approved as to form by:
_________________________ __________________________
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney