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HomeMy WebLinkAboutReso 1999-19507 RESOLUTION NO. 19507 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A SELF STORAGE FACILITY AT 810-812 LAZO COURT IN THE C-1 COMMERCIAL DISTRICT IN RANCHO DEL REY PLANNED COMMUNITY I. RECITALS A. Project Site WHEREAS, the property which is the subject matter of this Resolution is diagrammatically represented in "Exhibit A" (Project Site); B. "Project"; Application for Discretionary Approval WHEREAS, on February 24, 1999, Caster Group, L.P. filed an application for an amendment to the Rancho Del Rey Sectional Planning Area (SPA) Plan and a Conditional Use Permit; and WHEREAS, a Conditional Use Permit request was submitted for consideration of a self storage facility at 860 Lazo Court within the Commercial District Regulations; and WHEREAS, the applicant request a deviation from the development standards of the Rancho del Rey SPA 1 Commercial District Regulations in order to allow an increase from a maximum of 2 story structures to 3 story structures; and C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on April 28, 1999, and voted 5-0 to recommend that the City Council approve the Project, based upon the findings listed below; and, D. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on June 8, 1999 on the Project, received the recommendations of the Planning Commission, and heard public testimony with regard to the same. E. The City's Environmental Review Coordinator has conducted an Initial Study, IS 99-22 of possible environmental effects and prepared the Negative Declaration issued on Is 99-22. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on April 28, 1999, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. Resolution 19507 Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: III. ENVIRONMENTAL DETERMINATION A. The City Council hereby finds that Negative Declaration issued on IS 99-22, on file in the City Planning and Building Department, has been completed in compliance with the California Environmental Quality Act, and the State Guidelines thereto, and that the City Council has exercised independent judgement in the review and consideration of the Project. B. The City Council finds, based upon the Initial Study and any comments received, that there is no substantial evidence that the Project will have a significant effect on the environment and, therefore, the Negative Declaration issued on IS 99-22 is hereby approved. IV. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that permits the stated findings to be made. A. THAT THE PROPOSED USE AT THE LOCATION IS NECESSARY OR DESIRABLE TO PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL WELL BEING OF THE NEIGHBORHOOD OR THE COMMUNITY The applicant has provided a market analysis indicating the need for self-storage facilities in the City of Chula Vista. The location is desirable due to its close proximity to surrounding residential areas (existing and future) which contain a substantial number of small lot products. B. THAT THE USE WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY-OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY. The project, as proposed, will not have a detrimental effect upon health, safety or general welfare of persons residing or working in the vicinity. The site is somewhat isolated from surrounding development due to slope conditions and separation by roadways, except for the Bowling Alley located directly to the south. The combination of architectural treatment and landscaping proposed will allow the use to appear visually compatible with surrounding development. Roll up doors will not be visible from surrounding properties. C. THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THIS CODE FOR SUCH USE. The proposed use must comply with all development standards contained within the Commercial District and overall Planned Community Regulations of the Rancho del Ray Resolution 19507 Page 3 SPA 1 Plan with the exception that the adoption of this Conditional Use Permit will allow construction of a three story facility. The Commercial District Development Standards restrict buildings to two stories unless otherwise approved through adoption of a Conditional Use Permit. The proposed three story facility will be constructed in such a way as to minimize any negative impacts of allowing an additional story. Overall height is consistent with other surrounding existing developments. In addition, approval of the proposed use is contingent upon compliance with all conditions contained within this Resolution. D. THAT THE GRANTING OF THIS CONDITIONAL USE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OR ADOPTED PLAN OF ANY GOVERNMENT AGENCY. The proposed Conditional Use Permit will not affect the City's General Plan or the Rancho del Rey SPA 1 General Development Plan, as amended, both of which will retain the commercial/retail designation. V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC 99-31 subject to the following conditions whereby the Applicant shall: 1. A. Prior to submittal for building permits, applicant shall submit revised site A plan/architectural elevations incorporating all conditions of approval of the Design Review Committee. B. The project shall be constructed as described in the application, and the requirements stated herein. 2. Comply with all requirements of the Building Division including, but not limited to, the following: A. Loading at handicapped parking needs to be on passenger side of spaces at Building 2. B.Applicant shall provide calculations for fence. C. Applicant shall provide location of exiting for all sections of building to show compliance with maximum distance to exits and compliance with all handicapped requirements. D. Applicant shall show one hour fire wall and non combustible construction for walls adjacent to driveway between buildings (less than 20 feet to center of driveway). 3. Prior to issuance of building permits, submit a detailed lighting plan (incorporating the use of transition lighting) to the Planning Division and Crime Prevention Unit for review and approval. Interior lighting shall be shown for storage rooms, hallways, lobbies, office and elevator. Exterior lighting should include pole and building mounted night lighting inside the complex in addition to perimeter lighting. 4. Prior to issuance of building permits, contact the Crime Prevention Unit at (619) 691- 5127 to schedule a security evaluation. Incorporate recommendations from the Crime Prevention Unit into design of the facility. Storage units should be designed and constructed to prevent thefts and burglaries. Resolution 19507 Page 4 5. Comply with all requirements of the Chula Vista Fire Department including the following: A. 4000 GPM water flow required. If not available, water lines must be upgraded B. 2AIOBC extinguishers required. Travel distance not to exceed 75 feet. C. Knox switch required for gate. D. Dry standpipe required per Fire Department. E. Submit fire sprinkler plans to Fire Department for review and approval. 6. Comply with all requirements of the Engineering Department including, but not limited to, the following: A.Prior to issuance of building permits, fees for sewer connection, development impact and traffic signal fees must be paid as applicable. B.Obtain a construction permit to perform work within the City's right of way. Applicant shall construct one driveway approach per Chula Vista Standards. C. If the total on-site excavation exceeds the requirements prescribed by the City of Chula Vista Grading Ordinance Number 1797 Section 15.04.150, a grading permit will be required. 7. Comply with all City ordinances, standards, and policies except as otherwise provided in this resolution. Any violation of City ordinances, standards, and policies, or any condition of approval of this Conditional Use Permit or any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. 8. No storage units shall be used for any commercial, office, or retail uses other than a designated office/retail space necessary for the operation of the storage facility itself. 9. Applicant/operator shall hereby agree to indemnify, protect, defend and hold harmless the City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and cost, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of the Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and,(c) Applicant's installation and operation of the facility permitted hereby. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of the Applicant's/operator's successors and assigns. 10. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. Resolution 19507 Page 5 11. This Conditional Use Permit shall not be granted without prior or concurrent approval of amendment to the Rancho del Rey SPA 1 Commercial District Regulations to allow self-storage uses to be considered within the District subject to a Conditional Use Permit. 12. A separate sign permit shall be required for any signage proposed for this project. 13. Hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m. everyday. Any change in hours of operation must be requested and approved by the Zoning Administrator. 14. Outdoor storage of any kind is prohibited. 15. No business shall be conducted from the site which involves the rental of vehicles or moving trucks. 16. There shall be no attendant living on-site. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute and have notarized the attached Agreement indicating the Applicant has read, understands and agrees to the conditions of approval contained herein, and will implement the same. VII. 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 deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert Leiter ., M. Kaheny (C2' yy. orne Planning and Building Director Resolution 19507 Page 6 EXHIBIT A t i Resolution 19507 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8'h day of June, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None S~, Mayor ATTEST: Susan Bigetow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19507 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8'h day of June, 1999. Executed this 8th day of June, 1999. Susan Bigelow, City Clerk