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HomeMy WebLinkAboutPCC 2010-08 RESOLUTION NO.. PCC-10-008 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-10-008 FOR A FAST FOOD RESTAURANT WITH 24-HOUR DRIVE-THROUGH SERVICE AND ASSOCIATED SIGNAGE AT 919-945 OTAY LAKES ROAD IN THE NEIGHBORHOOD COMMERCIAL (CN) ZONE„ WHEREAS, on February 23, 2010, a duly verified application fox a Conditional Ilse Permit was filed with the City of Chula Vista Development Services Department by Jack in the Box ("Applicant"); and f WHEREAS, the application requests approval of a Conditional Use Permit to allow the 24-hour operation of adrive-through restaarant and associated signage ("Project"); and WHEREAS, the area of land, which is the subject of this Resolution, is an existing 73- acre pad located within cammexcial center at 919-945 Otay Lakes Road ("Project Site") owned I'I by Islandia 29, LP, and Kelton Title Corporation ("Property Owner"); and I WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Enviroxunental Quality Act ("CEQA") and has determined that the proposed project was covered in previously adopted Mitigated Negative Declaration, IS- I 07-006 The Environmental Review Coordinator has determined that only minor technical changes or additions to this document aze necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, Mitigated Negative Declazation, IS-0'7-006; and WHEREAS, the Director of Development Services set the time and place for a 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 June 9, 2010 at 6:00 p m in the Council Chambers, 276 Fourth Avenue, before the Plarming Commission and the heazing 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 votedy I-d-~. to approve the Project. Page 2 .June 9, 2010 NOW, IHEREF ORE, 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 forth in the record of this proceeding, has reviewed the proposed project for compliance with the CEQA and finds that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-07-006 and that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred:, 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 or' the community, Approval of the project will allow the applicant to provide food services to residents and surrounding neighborhood being of the same character as the existing retail businesses and services, used and need in the surrounding neighborhood community the neighborhood is j developed with existing commercial retail and service businesses, and this project will include architecture and landscaping that will improve and enhance the frontage of the commercial center and blend with the image of the neighborhood., Its location is desirable for provision of fast food services because the site is a highly visible and conveniently accessible location including proximity to the nearby college campus, 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 the vicinity or injurious to property or improvements in the vicinity. i the building has been designed and sited so as to not impact the nearby residents. In addition, the buffering provided by the southern wing of the existing commercial center; proposed building and business operations have been conditioned to avoid or minimize potential impacts to nearby residents. the entrance to the drive-through is located approximately 70 feet from the driveway entrance thereby preventing stacking of vehicles onto Otay Lakes Road. Iherefore, such use will not be detrimental to the surrounding residential property owners or employees of the retail center., That the proposed use will comply with the regulations and conditions specified in the code for such use. CVMC Section 19.34.170 specifies the no use shall operate between the hours of 11:00 p m ; and 7:00 a m unless specifically approved by the Planning Commission. The 24-hour ' operation of the drive through requested by the applicant has been analyzed in the technical studies which concluded there will be no additional impacts to the site or surrounding area based upon the proposed extended hours. A noise study conducted for Jack in the Box Page .June 9, 2010 concluded that even with the expansion of hours to include 24-hour operation of the drive- through, the required noise compliance standards of the CVMC would not be exceeded., the project conditions of approval require the operation to be in continuing compliance with all applicable CVMC codes and regulations as modified by this Conditional Use Permit. Additionally, Section 19..60,050 allows the Planning Commission to approve a sign program., which allows additional signage than otherwise permitted within the underlying zone. the 350 foot distance between the existing pylon sign and proposed monument sign has been determined adequate to justify the placement of an additional sign beyond what would otherwise be allowed„ 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. Ihis Conditional Use Permit is in compliance with the General Plan and CVMCC, the proposed CUP permits drive through services, which axe typical and consistent with neighborhood serving uses as envisioned by the Neighborhood Commercial (CN) Zone and Commercial Retail (CR) General Plan land use designation, and therefore will not adversely affect the implementation of the General Plan BE II FURIHER RESOLVED IHAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Conditional Use Permit, PCC-10-008 subject to the following conditions: I.. The following shall be accomplished to the satisfaction of the Development Services { Department, prior to issuance of building permits, unless otherwise specified: Planning Division 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19, except as may be modified by the Zoning Administrator. 2 Prior to, ox in conjunction with the issuance of the first building pexxnit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees fox deposit account DQ-1608,. 3, The Applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineer the mitigation measures identified in the Mitigated Negative Declaration (IS-07-006) and associated Mitigation Monitoring and Reporting Program. 4, the hours of operation shall be Monday through Sunday, 6:00 am. to midnight in the dining room and 24-hour operation for the drive-through. 5 The Zoning Administrator shall have the authority to approve modifications to the hours of operations in accordance with the Chula Vista Municipal Code regulations. Page 4 .June 9, 2010 6 Prior to placement of signage on site, the line of sight distance for proposed monument sign shall be reviewed and approved by the City's Iraffic Engineer 7 Applicant shall work with staff to reduce the overall size and height of the proposed monument sign. Applicant shall attempt to incorporate panel spaces for use by other tenants within the center, 8, Applicant shall provide a construction parking plan for review and approval by the Development Services Department. Land Development Engineering Division 9, Property Owner shall dedicate approximately 5,919 square-feet of right-of=way along Otay Lakes Road in order to achieve the ultimate street configuration of a 6-Lane Prime Arterial per the City of Chula Vista Design Standards, as more fully described in attached Exhibits "A" and "B" 10 Applicant shall submit and obtain approval of a Water Quality Technical Report (WQIR) 11 Applicant shall complete the applicable Storm Water Management Requirements and comply with the Storm Water Management Requirements Manual., Said forms should L be attached to the WQIR 12, Applicant shall obtain a construction permit and shall be responsible for the repair and replacement of any broken sidewalk, curb, gutter; and any existing driveway that does not meet City and ADA standards. 13 Applicant shall pay the following fees based on the final building plans submitted: a, Sewer capactity fees j b. Traffic Signal Fees c Public Facilities Fees d Sewer Basin DIF e. Other Development Service Fees per the Master Fee Schedule, Building 14 Plans shall comply with Title 24 and the 200'7 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC). California Electric Code (CEC) and 2008 California Energy Code, Fire Department Page 5 .June 9, 2010 15 the applicant shall comply with all requirements of the Chula Vista Fire Department including the following: a. Provide a fire flow of 1,500 gallons per minute fora 2-hour duration (at 20 psi). b, Ensure that fire hydrants are located no greater than 300 feet apart. c Fire lane shall be a minimum of 20 feet d. Provide a Knox Vault at the main entrance to the building e, Provide a class K fire extinguisher in the kitchen, in accordance with Iitle 19 II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 16 The conditions of approval for this Conditional Use Permit shall be the subject property at all times that the Conditional Use Permit is active for the subject project, and the existence of this approval with conditions shall be recorded with the title of the properTy 1'7 Approval of the Conditional Use Permit shall not act as a waiver for compliance with all sections of Iitle 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance or as thereafter amended, provided such amendments may be legally applied.. 16 Applicant shall indemnify, protect, defend and hold harmless the City, its Planning Commission members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's adoption of the Mitigated Negative Declaration li # IS-07-006, and approval and issuance of the conditional use permit approval, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated by the permit and (c) Applicant's installation and operation of the facility permitted. Applicant shall acknowledge their agreement to this provision by executing a copy of the conditional use permit, upon approval by the Planning Commission. Applicant's compliance with this provision is an express condition of the conditional use permit approval, and this provision shall be binding on any and all of Applicant's successors and assigns. 17 The conditions of approval for the Conditional Use Permit shall be applied to the subject property until such time approval is modified or revoked, and the existence of the approval with conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed Project, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. 18, The Planning Commission's approval of the Conditional Use Permit shall become void and ineffective if not utilized in accordance with Section 1914.260 of the Page 6 June 9, 2010 Municipal Code., Failure to comply with any conditions of approval shall cause the permit to be reviewed by the City for additional conditions ox revocation III EXECUIION AND RECORDAIION OF RESOLUIION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City I Clerk shall indicate the property owners/Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval Said document will also be on file in the City Clerk's Offce and known as document No ~~0-~~- * Signature of Property Owner Date t/~v I fl ~I Signature of Representative ~ Date E vnni ./!//ALCpLM /f ~/N IV. 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 resolution and any such protest must be in a manner that complies with Section ~ 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. the right to protest the fees, dedications, reservations, ox other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges j to any fees for which the statute of limitations has previously expired. V. CONSEQUENCE OF FAILURE OF CONDIIIONS If any of the foregoing conditions fail to occur, or 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. the Applicant shall be notified ten (10) days in advance prior to *See Attachment to City of Chula Vista .Resolution No. PCC-10-008 dated June 9, 2010 Page 7 June 9, 2010 any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame VI. INVALIDIIY; AUTOMAIIC REVOCAIION 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 or more terms, provision, ox conditions are determined by a Court of competent jurisdiction to be invalid, illegal ox unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab ixutio, NOW, THEREFORE, BE II RESOLVED IHAI IHE PLANNING COMMISSION adopts the resolution approving Conditional Use Permit, PCC-10-008, in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 9t" day of June, 2010, by the following vote, to-wit: I AYES: Vinson, Liuag, Spethman, Felber NOES: Tripp ABSENT: Moctezuma, Bxingas / / ABSTAIN: ~/'l.~ colt W inson, Chair ATTESL• J7~'~r Diana Vargas, Secre y Presen d by: Ap ved a o f r i," Gary Halb rt, A CP, PE Bait C Miesfeld Deputy C' y Manager/Development Services Director City Attorney J:\Planning\casefiles\09-] 0\PCC\publicheacing\PCC 10-008Utesolutions ATTACHMENT'T'O CITY OF CHUL.A VISTA RESOLUTION NO.. PCC-10-008 DATED JUNE 9, 2010 Property Owner: Kelton Title Corporation / By: Date: h a ~ v Mark Leekley Vice President I 1SLANDIA 29 L.P, a Delaware limited partnership By: CHUGASH 2 L.L.C., I! a Delaware limited liability company, its general partner i By ~ ~ _l ~ / Date: ~ ld Mar elt n, an 'er EXHIBIT ~cAee EASEMENT FOR STREET PURPOSES _ _ LEGAL DESCRIPTION CITY OF CHULA VISTA APN 642-770-10 THAT PORTION OF L.UT 152, MAP 4961, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON MAY 1,1962; MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF T}iIS DOCUMENT: I BEGINNING AT THE SOUTH MOST CORNER OF SAID L.OT 152 T}iENCE ALONG THE SOUTHWESTERLY LINE OF LUT 152, N 45°55'53" W, 15.35 FEET' TO THE BEGINNING OF A CURVE, SAID CURVE BEING CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2040 FEET, THENCE NORTHWESTERLY ALONG SAID CURVE 155.37 FEET, THENCE N 50°1 T43" W, 207.81 FEET, THENCE S 54°58'07" E, 213 65 FEET TO TI1E BEGINNING A CURVE, SAID CURVE BEING CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1661 FEET, THENCE SOUTHEASTERLY ALONG SAE[) CURVE 184.45 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 152, THENCE S 72°32'50" W, ' 34.86 FEET'i0 THE POINT OF BEGINNING. CONT.4INPt IG 5,919 SO F'T., MORE OR LESS tnrua s ~55~~\,ISIS Gp'9G~ 2pO~ ~O L, 7349 ~ ; ,,r Exp.l2BilOV Vc ' ~Q' STq~ 0 CAS\~ Ciry of Chula Vista Z U U eS~ 4epaM1ment of Engineering _ ~ 27sEouAfiAvence JO ~LUISGOivIE .L.S.7349 DATE. Chula Vista, CA 91970 CHUW VISfA (6'19)x76-2301 I ENSE EXPIItE 2(31/09 Home on PW200015urveyslSidA3551ROWlexhibit a apn 70.doc EXHIBIT "B• tysR 593~1- ~ I Op pS -N5G7T43'W 1013' \ 2 2so ' . 3's8 v~`~ o~ h. 19 ~~2 ~ ~ ~°s~,. M.~P ~~~1 rry • SSE 9 POD ~ Op.. .pp ~ ono ~ aS.. ~ rss _ 72.32 5~~ E J pi`7>~~.s 1 - N45'155 53''N- 1 pN l~, ~ I5 J5' 34,88' POINT OF BEGINNNG' \ ~ IANp ~~1P ash yFo 0 30 60 120 y ~ N A 'I L 5. 7349 ( [N FEET } Jj ~\4 \ 1 inch_..6a tt. ./~/C 9tf a Cp"fo~ CfiY OF CHULA VISTA ~ ~ ~ OEPARTMENTOF ENGINEERING ~ /~~~J 276 FOURTH AVENUE crtuuvisTA,cAS~s1a JDSE U GOA9EZ,P.LS.7 DATE (sis)a7a•asol UCE EX~IReS 12/31/09 _ I II I I I III II I I I II I II I II IIII V I I I II II III SEP 01, 2010 9:18 AM Recording requested byc OFFICIAL RECORDS City of Chula Vista SAN DIE60 COUNTY RECORDER'S OFFICE DAVIDL BUTLER,C~UNTYRECORDER After recording FEES: 0 00 return to: ! PAGES: 11 City of Chula Vista City Clerk's Office ~IIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIII 2'76 F ourth Avenue Chula Vista, CA 91910 Air: E Briggs ~ 3 ~ 56 Thu space for Recorder's use only Resolution No. PCC-10-008 Document Title i i I i THE ORIGINAL OFTHIS DOCUMENT Recording requested WAS RECORDED ON SEP Ol, 2010 bY~ DOCUMENT NUMBER 2010-0458261 City of'Chula Vista DAVID L BUTLER COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE After recording TIME. 9'.18 AM return to: City Clerk's Office City of'Chula Vista 276 F ourth Avenue Chula Vista, CA 91910 Attn: E Briggs This space for Recorder's use only Resolution No. PCC-IO-008 Document Title I I