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HomeMy WebLinkAboutPCC 2008-24 RESOLUTION NO.. PCC-08-024 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT, PCC-08-024 TO CONSTRUCT AND OPERATE A REMODLED ARCO AM/PM CONVENIENCE STORE (24-HOUR OPERATION WITH BEER AND WINE SALES) IN CONJUNCTION WITH THE SALE OF GASOLINE AT 4498 BONITA ROAD. APPLICANT: SUDHIR PATEL. WHEREAS, on May 16, 2008, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Sudhir Patel ("Applicant"); and WHEREAS, the application requests approval of a Conditional Use Permit to I allow construction and operation of an Arco AM/PM convenience store and gas station ("Project"); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 4498 Bonita Road ("Project Site"); and WHEREAS, 7-he Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-08-014 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinatar has determined that the project could result in significant effects on the I 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 clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-08-014; and WHEREAS, the Director of Development Services set the time and place fora hearing on the Conditional Use Permit application, and notice of the hearing, together with it 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 hearing was held at the time and place as advertised, namely February 11, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence and testimony presented at the public hearing with respect to the Project, the Planning Commission voted (5-0-0-1) to approve the Project, Page 2 Febxuasy 11, 2009 NOW, IHERF,FORE, BE II RESOLVED by the Planning Commission of the City of Chula Vista that it finds that, in the exercise of its independent judgment, as set farth in the record of this proceeding, the Mitigated Negative Declaration and Mitigation Monitoring and ' Reporting Program (IS-08-014), which is on file in the Planning and Building Department has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and that the ' Project's environmental impacts will be mitigated by adopting the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the Owner and/or Applicant and any other responsible parties implement the project components and comply with the Mitigation Monitoring and Reporting Program. BE II FURIHER RESOLVED by the Planning Commission of the City of Chula Vista that it makes the following findings: That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood ox' the community. The proposed remodel to the existing gasoline station and convenience store with alcohol sales (beer and wine) would continue to provide a necessary and convenient service to surrounding commercial and residential neighborhoods. the nearest gas station serving this area is the 76 Station on the northwest comer of Bonita Road and Willow Street, approximately 0..59 miles southwest of the project site.. the provision of these goods and services in proximity to home and work contributes to the general well-being of the neighborhood and community by allowing residents to complete necessary, routine ~I errands without the additional traffic generation of driving longer distances, { That such 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 j the vicinity or injurious to property or improvements in the vicinity.. The proposed expansion relocation of the convenience store and the addition of two fueling tanks will not result in any negative impacts to health, safety or general welfare. The use will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista, the Project's 24-hour operation would, continue to provide sales of gasoline and other convenience items to people working night shifts or leaving home in the early morning hours. the applicant would continue to maintain a valid liquor license from the State Alcohol Beverage Control (ABC) agency, the convenience store along with the sale of beer and wine is consistent with the types of convenience stores that are associated with a gas station found within the Central Commercial Zone, such as the subject property Page 3 February 11, 2009 That the proposed use will comply with the regulations and conditions specified in the code for' such use. the proposed use is located in a Central Commercial (CC) Zone, which allows the operation of a service station, subject to issuance of a Conditional Use Permit.. the facility will comply with required development and operating regulations, including height restrictions and parking requirements contained in the Chula Vista Municipal Code. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, or the adopted plan of any government agency. the project site is designated for commercial retail uses in the 2005 General Plan and zoned for commercial uses The operation of an Arco AM/PM gasoline station at this location is not inconsistent with any stated policies of the General Plan Iherefore the use, as proposed, has been found to be consistent with the General Plan and the Central Commercial Zone BE II FURTHER RESOLVED IHAI IHE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Conditional Use Permit subject to the following conditions: L The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Planning Division r 1 Applicant shall develop and maintain the Project Site in accordance with the k approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Iitle 19 2, Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1507, 3. Applicant shall implement, to the satisfaction of the Development Services Department, the mitigation measures identified in the Mitigated Negative Declaration (IS-08-014) and Mitigation Monitoring and Reporting Program, 4 A graffiti resistant treatment shall be specified for all wall and building surfaces. Ihis shall be noted for any building and wall plans and shall be reviewed and approved by the Development Services Director prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9 20.035 of the CVMC regarding graffiti control Page 4 February 11, 2009 5 All roof' appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered fiom adjacent properties and streets as required by the Development Services Director.. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director, 6 All ground mounted utility appurtenances such as transformers, AC condensers, etc, shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Development Services Director I 7. The Applicant shall obtain approval of a sign permit for each sign by the Planning and Building Department, Signs shall comply with all applicable requirements of the Municipal Code. 8 A landscape and irrigation plan, shall be prepared by a landscape architect, and submitted for review and approval prior to issuance of building permits Engineering Division 9 the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the project prior to issuance of any Grading or Building Permits, whichever occurs first. I 10, All driveways shall conform to the City of Chula Vista's sight distance requirements ~i Landscaping, street furnihaxe, and signs shall not obstruct driver visibility at street I intersections or driveways.. 11, the Applicant shall dedicate to the City of Chula Vista eight feet (8') of right-of-way along Bonita Road (4-Lane Major Arterial) prior to Improvement Plan or Building ~ Permit approval i 12 Any private facilities within City right-of-way and easements will require an Encroachment Permit prior to Improvement Plan or Building Permit approval, 13 The following fees will be required based on the final Building Plans submitted: a Sewer Connection and Capacity Fee b Public Facilities Development Impact Fees c Iraffic Signal Fees d TDIF e. Other fees as may be applicable Page 5 February 11, 2009 14 Additional deposits and fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required fox the submittal of the following items: a, Grading Plans b, Improvement Plan GRADING, DRAINAGE, AND ST'ORMWATER: 15 The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Grading Ordinance Na 179'7. Developer shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Storrn Water Management requirements, including, but not limited to the following: j a Grading Plans shall be prepared by a registered civil engineer and submitted for review and approval by the City Engineer„ b Final Drainage Study and Geotechnical/Soils Investigations are required with the first submittal of Grading Plans. the Drainage Study shall calculate the pre-development and post-development flows and show how downstream properties and storm drain facilities axe impacted. Design shall incorporate detention of storm water runoff' if post-development flows exceed pre- I development flows; analysis shall include flows from 2 yr, 10 yr, 25 yr and 50 ~ yr return frequency storms, i 16 Development of this project shall comply with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity, and any subsequent re-issuances thereof. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Storm Water Monitoring Program Plan (SWMP) shall be developed and implemented concurrent with the commencement of grading activities. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures the SWPPP shall also address operation and maintenance of post- construction pollution prevention measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures. 17 A complete and accurate Notice-of=Intent (NOI) must be filed with the SWRCB, A copy of the acknowledgement from the S WRCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received, Further, a copy of the completed NOI from the SWRCB showing the NPDES Permit Number for this project shall be filed with the City of Chula Vista when received. Page 6 i February 11, 2009 PUBLIC IMPROVEMENTS: 18 An Improvement Plan, in conformance with the City's Subdivision Manual, and a CO11StT UCtIOn Permit will be required prior to issuance of any Building Permits, The Improvement Plan shall include, but not be limited to: a Widen Bonita Road with transitions to existing improvements to the satisfaction of the City Engineer. Iransitions to existing street improvements along Bonita Road shall include, but not be limited to, curb, gutter, sidewalk, and asphalt pavement needed to feather into existing pavement as required by the City Engineer, b, Submit street cross-sections at 25-foot intervals with the Improvement Plan for all widened street segments c Reconstruct per City Standards the existing raised median on Otay Lakes Road and match the stamp concrete pattern and color on Bonita Road. d Removal and replacement of curb, gutter, and sidewalk per San Diego Regional Standard Drawing SDRSD G-2, and G-7 along the project's frontages on Bonita Road, and Otay Lakes Road e Installation of driveways meeting design standards as shown in Chula Vista Construction Standard detail CVCS-lA f Installation of a sidewalk underdrain per Chula Vista Construction Standard I CVCS-1'7 along Bonita Road. g Removal and replacement of existing pedestrian ramp on the corner of Bonita Road and Otay Lakes Road per Chula Vista Construction Standard CVCS-25 h. Relocate and replace the existing pull boxes on Bonita Road and the conduits servicing the Iraffic Signal Standard to meet City standards, i Relocation of existing utilities, as determined by the City Engineer.. j. the Public Works Operations Sewer Section will need to inspect any existing sewer laterals proposed to be used with the project and determine if they I require replacement., ~I 19 the submittal of the Street Improvement Plan shall establish whether or not the traffic signal standard at the southwest comer of the intersection of Bonita Road and Otay I Lakes Road will require relocation 20, A complete set of Signing and Striping Plans shall be included with the Street Improvements Plans for review by the City Engineer Striping plans shall include bike lane on both Otay Lakes Road and Bonita Road per Bike Master Plan for the City of Chula Vista. 21 Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 22 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, Page '7 February 11, 2009 Fire Department 23 Prior to occupancy, the Applicant shall obtain a permit for the Motor Fuel dispensing from the F ire Department. Motor fuel dispensing facilities shall comply with Chapter 22 of the 2007 California Fire Code. 24 Prior to occupancy, the Applicant shall provide a Knox Vault at the main entrance to the building, 25 Prior to occupancy, the building shall be addressed in accordance with the following criteria: • 0-50 ft, from the building to the face of the curb=6-inches in height with a 2- inch spoke • 51-150 ft from the building to the face of the curb= 10-inches in height with a 1 %-inch stroke. • 151 ft from the building to the face of the curb= 16-inches in height with a 2- inch stroke. I 26, Prior to occupancy, the Applicant shall provide fire extinguishers., Aminimum rating of 2-A:20 -B:C shall be provided and located such that an extinguisher is not more than 75 feet from pumps, dispensers oz storage tank fill-pipe openings. II. the following on-going conditions shall apply to the Project Site as long as it relies on this approval: i 27 The Applicant shall install all landscaping and hadscape improvements in accordance with the approved landscape plan. i 28, the conditions of approval for this Conditional Use Permit shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property I 29 Approval of the Conditional Use Permit shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance 30 the Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, offcers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site.. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Page 8 February 11, 2009 Conditional Use Permit where indicated below the Property Owner's and Appficant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns, 31 Ihis Conditional Use Permit shall become void and ineffective if' not utilized within one year from the effective date thereof; in accordance with Section 19.14.260 of the Municipal Code Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL the Property Owner and Applicant shall execute this document 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 recorded 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 returned to the City's Planning and Building 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 the corresponding application for buildi permits and/or a business license, be held in abeyance without approval ~ Z ~ ~ f, Signature of Property Owner .Su©itii4- fyY~~ ate 4498 Bonita Road Signature of Applicant Date IV.. CONSEQUENCE OF FAILURE OF CONDITIONS i If any of the foregoing conditions fail to occur, ar if 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. Page 9 February 11, 2009 V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 ox more terms, provisions ox conditions ate 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 fitrther force and effect.. PASSED AND APPROVED BY THE PLANNING COMMISSION OF IHF, C1I Y OF CHULA VISIA, CALIFORNIA, this 11th day of February, 2009, by the following vote, to-wit: AYES: Tripp, Spethman, Moctezuma, Clayton, Vinson, Felber NOES: ABSTAIN: i William C Tripp, Chair I i ATIESI: Diana Vargas secretary Presente y: Approved as to form bv~ ~ I~ Deputy Ci Man ge /Development Services Director ~~Ci Attorney \ ~I ~.f. i 1 1~.\Planning\Caroline~Discretionary PermitsWrco Gas Station\PCC-OS-024 PC Reso doc _ ~o# ~o0~-o~7~s~~ III I II III IIIII II i IIIII IIIII II II I I II IIII I I IIIII JUN 12, 2Q09 8:47 AM Recording requested bY~ OFFICIAL RECORDS City of Chula Vista SA.N DIEGO COUNT'' RECORDER'S OFFICE DAVID L 6UTLER, COUNTY RECORDER FEES: 0 00 After recording Cityof'ChulaVista ~O~ City Clerk's Office ~ I IIIIII IIIII IIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIII IIIII IIII IIIII IIII IIII 276 Fourth Avenue Chula Vista, CA 91910 Attn: E Briggs ~ This space for Recorder's use only Resolution No. PCC OS-024 Document Tiae