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HomeMy WebLinkAboutPCC 2012-07 RESOLUTION NO.. PCC-12-007 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING ~ ~ z 5 COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-12- 007 GRANTING A FIVE-YEAR EXTENSION OF TIME TO CONDITIONAL USE PERMIT PCC-96-022 TO OPERATE A STORAGE YARD FOR RECREATIONAL VEHICLES LOCATED AT 1375 BROADWAY (5-94 ZONE) WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Broadway Palomar RV Storage and for the purpose of general description herein consists of 4 5 acres of land located at 13'75 Broadway (Pro,ject Site); and WHEREAS, a duly verified application for a Conditional Use Permit (PCC-12-007) was filed with the City of Chula Vista Development Services Department on March 10, 2011 by Broadway Palomar RV Storage (Appplicant); and i /l'H~LC WHEREAS, said application requests an extension of time to an existing Conditional Use Permit for the operation of a recreational vehicle storage facility on the Project Site; and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was covered under previously approved Negative Declaration IS-87-56M which was prepared in accordance with CEQA and the Environmental Review Procedures of the City ~ and adopted by the City Cormcil. Ihus, no further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on said Conditional Use Permit 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, the hearing was scheduled and advertised for .June 13, 2012, at 6:00 p m. in the Council Chambers 2'76 Fourth Avenue before the Plannin Commission• and g WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application, NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby find and determine as follows: ENVIRONMENTAL DETERMINATION Using their independent ,judgment the Planning Commission does hereby determine that the proposed project was covered under previously approved Negative Declaration IS-87-56M, ~.t i/1/ST2u~7ewT /.t`F~ 'Ts~ceE r~?~ ~~5'~PPC~-~~~ e.~--rte a~~i,~/.~-~. T%~"Ci~Ty~ L`~~ .r,~=~~ Resolution PCC-12-007 Page 2 .which was prepared in accordance with CEQA and the Environmental Review Procedures of the City and adopted by the City Council Iherefore, the Planning Commission does hereby further determine that no finther environmental review is requu~ed ~ Q ~ ~ I. FINDINGS 1. 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 proposed use at the location will contribute to the general well being of the community by providing a facility that assists property owners in keeping large recreational vehicles off of the public streets, Keeping recreational vehicles off public I sheets is a public good that contributes to strong community character and image. 2. 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. Approval of this project includes conditions that serve to minimize impacts of this facility on persons in the vicinity Io minimize visual impacts the project is screened with fencing and landscaping Hours of operation are limited and limits on the number i~ and size of vehicles permitted to be stored at this facility are set to reinforce the safety and serenity of the area, and seeks to establish a coherent, aesthetic character to the Southwest Planning Area.. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. the proposed five-year extension is an appropriate use for the SDG&E easement area located in the 5-94 Transportation and Utility Corridor Zone, a County designation for j utility transmission zones which allows open storage uses with approval of a use permit. Ihis proposal for afive-year extension meets the development standards addressed in CVMC Section 19,58..400 and will ensure compliance with all applicable conditions, codes, and regulations will be required prior to issuance of development permits 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. I Granting this five-year Conditional Use Permit extension will not adversely affect the Chula Vista General Plan and is in substantial conformance with City policies Approval of this extension is judged by the Planning Commission to represent an interim use of land based upon zoning, development patterns and or pending plans. Interim recreational vehicles star~age yards may be granted for a maximum period of five years with extensions subjects to rehearing before the Planning Commission. Resolution PCC-12-007 Page 3 io2z~ BE II FURTHER RESOLVED that the City of Chula Vista Planning Commission does hereby grant Conditional Use Permit PCC-12-007 approving afive-year extension of PCC-06- 22, subject to the following conditions and based upon the applicant/property owner satisfying the same: i II. CONDITIONS OF APPROVALS 1 the term of the Conditional Use Permit shall be for a maximum of five years and shall j expire on June 13, 2017, and thereafter; the applicant will no longer be allowed to continue the use herein permitted after this date, unless the permit is extended prior to its expiration. Applicant is hereby advised that the duration of this permit may not provide the applicant with an opportunity to receive a reasonable return on any investment that may require a longer amartization term than allowed by this permit. Any such investment will be made at the Applicant's risk Any subsequent extensions of this permit may be approved or denied by the Planning Commission, in accordance with Municipal Code Section 19.58.400. Any application for extension shall be submitted to the Development Services Department a minimum of three months prior to the expiration date, 'I 2. The Conditional Use Permit shall allow for the operation of a recreational vehicle storage yard, as provided for in Section 19.58 400 of the Chula Vista Municipal Code. ~I Storage shall be limited to recreational vehicles, as well as a limited number of automobiles, trucks, and other similar vehicles that are similar to and no more objectionable than recreational vehicles.. Storage of non-recreational vehicles shall be limited to 71 spaces (20% of the originally-approved 356 total storage spaces).. All vehicles shall be operable, and no dismantling or repair work shall be permitted on the Project Site The applicant shall provide a current list of types of vehicles that axe intended to be stored on site, which shall be subject to the review and approval of'the Director of Development Services for conformance with this condition. No vehicles over 14 feet in height, or stacking of vehicles or materials on the vehicles resulting in a height greater than 14 feet, shall be permitted on the Project Site, 4, No vehicles or materials over 6 feet in height shall be located within 30 feet of the fence along Broadway. 5 the facility shall not be open earlier than 7 a.m. nor later than'7 p m 6, Applicant shall arrange a safety inspection with the Police Department which review shall include, but not be limited to, aspects such as lighting, fencing and alarm systems 7 The site shall be used and maintained in accordance with the approved site plan dated February 20, 2012, on file in the Conditional Use Permit PCC-12-00'7 case fae in the Resolution PCC-12-007 Page 4 Development Services Department All improvements, including landscaping and ~ Q 2 screening, shall be maintained by the Applicant. Landscaping shall be maintained as originally approved and installed, as indicated in the landscape plan dated May 11, 1988, on file in the Conditional Use Permit PCC-90-25 case file in the Development Services Department. 8 twenty (20) parking spaces shall be maintained on-site for customer parking. 9 No parking of vehicles or storage of materials is permitted beneath the on-site utility towers.. 10 the Applicant shall provide a standard form of space rental or lease agreement, that includes the following information relative to restrictions contained in the Conditional Use Permit, for review by the Development Services Director: a Iypes of vehicles that axe allowed to be stored on the site b. Height restrictions on vehicles within the facility. c Other similar restrictions.. i 11 A report shall be filed with the Director of Development Services on an annual basis by the Applicant, as required pursuant to Section 19.58.400 of the Chula Vista Municipal Code the report shall include the following: a, A copy of the standard space rental or lease agreement, referenced in Condition 10, and verification that this agreement has been utilized fox all space rentals during the previous year; b Verification of property maintenance in accordance with conditions of approval (e g photographs of site, copy of contract for landscape maintenance); c Any other information that the Director of Development Services deems necessary and reasonable to determine compliance with the conditions of this Conditional Use Permit.. I 12 Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Permit by the Planning Commission 13. 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 Chula Vista Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the Director of Development Services for additional conditions or revocation. 14 Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, j Resolution PCC-12-007 Page 5 directly or indirectly, from (a) City's approval and issuance of this Conditional Use q ~ ~ ~ 9 Permit, (b) Guy's approval or issuance of any other permit or action, whether 1 discretionary or non-discretionary.. in connection with the use contemplated herein, and~ without }imitation, any and all liabilities arising from the emission of electronragnetic fields or other energy waves or emissions, Applicant/operator shall ackno'wledaeaheir agreement to this provision by executing a copy of this Conditional iJse Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision ~ i shall be binding on any and all of the Applicant's,'operator's successors and assigns III,. ADD[TIONAL TERMS AND PROVISIONS TO GRANT L The Applicant shall record a copy of this Resolution against the property with the 'I San Diego County Recorder's office and shall provide a conformed copy to the 'i Director of Development Services to be filed in the Development Services Department ~ 2 the Applicant hereby acknowledges and agrees that any violations of the terms and conditions of this Conditional Use Permit shall be grounds for revocation or ~ n-codification of said permit. IV.. EXF~:CUIION AND RECORDATION OF RESOLUTION OF APPROVAL 'The prope'Ry owircr• and the Applicant shall exectrte this ddcumont by signing on the lines provided bekr~:~; said execartitiil iudiehtuig that the property owner and Applicant have ea. h ~~ead, iutderstood t}hdagreed to tLe conditions coritaihed heteiri, _and viii impleinert dre saric i!pon execution, the true copy with original signatures shall be returned CO the Development services Department Failure to return the signed true copy of this document within thirty (~0) days shall indicate the property owner/Applicant's desire that the f project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval.. San Die !im S ~fert _ ~ f (~:L~DO.'t/t >~~~}L ~J - 9 ~ ~ Z ~~~pp~a~~9~~ .~7n~~ y,~~N.~:~,~.,: - - lst'~t'e `~tannlfi r ,,,i°!4N ZL(/1~ G~/'•~€~ ~•a°" ~zgT ~ ,~~A-nrNfN~ _ n I ~ ?~11_z Signature of Repr s ntative Date '/J~ ~'OR/yuJ~+9~ ~iF'~Oi?1h52. ?~U.CTOjQ ~E~ V. INVAL[DITV; ,~iLil'OMATIC R~: VOCATION i It is the :intention of the Picnning t:a.umission that its adoption oP t1=i5 Resolution is depender_t upon tYia enl'orceubility of each and every term, provision. and condition herein stated; and that in the event the Applicant of its assigns or successors ir, interest challenge any CnC or more teens, provisions or conditions,. and are determined b}~ a Court of io22o TRUE COPY CERTIFICATION (Government Code 27361.7) San Diego _ Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document,. Date Signatur of D clarant I %e~ ~r - Type or Print Name i Rec. Form HR91 (&11-03) ~ U ~,('~G'tl T o ~ ~v ~~C~~y'~~~acl ~ ~~o%t z<a ~ ~ ~~~~,o~~G 102 21 ~~c,neNT ,ES ,u,~iu oN die. !~~%~!~~Qd~o~~ ~3~1~// s7~/~,~,('E~'-Cr~~ ``cfrv?-fi`~~ /ri/l~~cft7~9 7'~-T ~E~.~PO~Jei2~O~i~e~ L~~~ ~ (~.?/G'~~OD SIC) ~i°E'D Z~ ~'~E AND / YIOA/~j ~~tlZ"L//U~,D /~~-F_.~h/o~/~ ~Ja Gu/~~ r~~~cnze~T T~fEs9~/~_ C~on.1 ~keL~u7<ov~ z~?~c~ crony ~usz-~ ore~y/~u,4L. ~'~H~-~~' ,~-/g~ ~e~~/ T ~rsrE ,fie d~l~~~i ,~~~cc~r ~~,~e~i e.~j-. ~ 7~fF .~'c~n.reo -~~e~~ ~'~t° °c ~s .daC'~Grr~c~ car i~fN ~Li-P~'S~ C3~ T,sl/l-T ,~`E~°~'6,mz ~ ,9~r~ ~~E o.vd/~?c~ , ~ c~4 ~ ~cd I Resolution PCC-12-007 Page 6 competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the 1, ~ 2 2 2 permit shall be deemed to be automatically revoked and of no further force and effect. VI. 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, or 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 to any fees for which the statute of limitations has previously expired, ~I VII CONSEQUENCE OF FAILURE OF CONDITIONS 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 II 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 any j of the above actions being taken by the City and shall be given the opportunity to 'i remedy any deficiencies identified by the City within a reasonable and diligent time frame. BE IT FURTHER RESOLVED that the City of Chula Vista Planning Commission does hereby adopt this Resolution approving Conditional Use Permit, PCC-12-007, in accordance with the findings and subject to the conditions contained herein, PASSED AND APPROVED BY IHE PLANNING COMMISSION OF THE CITY OF CHULA VISIA, CALIFORNIA this 13`h day of June, 2012, by the following vote, to wit: AYES: Spethman, Calvo, Anaya, Moctezuma, Vinson, Liuag NOES: ABSIAIN: ABSENI: Felber Resolution PCC-12-007 Page 7 AIIESi: 10c23 Diana Vargas rc e Spethman, Chait Secretary to Planning ommission Planning Commission Presented by: Approved as to form by: i Gary Halbert, P.F. , AICP ~~~Gle oo i_n Asst. City Manager/Directar of Development Services City Attorney i I i i i ~xh i ~;f ,4 1D22d J .i`~; ' ` ~ J,"~ 1 `C'pl ~ r„S` t_.~ ~ 1 lei _ ~ ; ` ~ L ~ PA1MAR 57~ - ' _..J O \."'"PAIOI~~F. C` " ay`~~yl~ ~ PROJECT ' .Y - LOCATION ~ , ~ . ~ - ~ ~ ~ MARSAT CT r ~ ` I ~ I~ I, 4` 1 i \ _ ~ ~ t~ ~ ~ Y ~ ~ ~ ~ ~ ~ ~ i ANITA~ ~ ~ ~ ~ J ~ ! I ~ I ,I 1 Z~ . t' ~ ` ~ I I ~1 I ~ ~ ~ ~ ~ ~ _1 \ 1 ~ I i ' ~ ti L.OCAFOR i i I ~ 1 ~ i ~ I ' ~ O C"; ~ I N6RTH ~ a ~ ~ ~~a~ F~ IIII I III I II I I I I II IIII I I I I III I I II II II Recording requested by: I I f SEP 13, 2012 $:58 AM ~ 021 Chula Vista City Clerk ~ OFFICIAL RECORDS SAN DIEGD L'OUNTY RECORDER'S DFFICE After recording return ~ ~f1i`1 Ernest J. Dronen6urg,Jr., COUNTY RECORDER FEES: 0.00 to: PAGES: it City Clerk City of Chula Vista IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 276 Fourth Avenue Chula Vista, CA 91910 This space for Recorder's use only RESOLUTION NO. PCC-12-007