HomeMy WebLinkAboutReso 1996-18422 RESOLUTION NO. 18422
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ISSUING COASTAL DEVELOPMENT PERMIT NO. 71 FOR THE
ESTABLISHMENT OF AN AUTOMOBILE AUCTIONHOUSE AT 780 BAY
BOULEVARD FOR A PERIOD OF ONE YEAR AND SUBJECT TO
CONDITIONS
WHEREAS, the City of Chula Vista Local Coastal Program (LCP) has been certified by
the California Coastal Commission; and
WHEREAS, said LCP includes Coastal Development procedures determined by the
Commission to be legally adequate for the issuance of Coastal Development Permits and the
City of Chula Vista has assumed permit authority of the Chula Vista Coastal Zone; and
WHEREAS, a public hearing was duly noticed and conducted on August 29, 1996 in
accordance with said procedures; and
WHEREAS, the City Council of the City of Chula Vista, as "approving authority", has
reviewed the BAHA International, Inc., proposal to establish an automobile auctionhouse at
780 Bay Boulevard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as
follows:
The City Council of the City of Chula Vista finds in accordance with Section 13311 of Title
14 of the California Administrative Code that the BAHA International, Inc., proposal to
establish an automobile auctionhouse at 780 Bay Boulevard subject to conditions listed in
Attachment I, is in conformance with the Chula Vista certified Local Coastal Program because:
a. The project will be housed within an existing building located along Bay Boulevard
which is located approximately one-third of a mile from the nearest Chula Vista
Bayfront gateway and about one-half mile from the nearest coastal water. The project
will be required to provide on-site vehicle parking adequate for the use; therefore, no
traffic or parking related impact to coastal access or coastal recreational resources is
anticipated.
b. The proposed land use is not specifically allowed in the Bayfront Specific Plan;
however it is not prohibited. The use, as conditioned, is of the same general character
as those permitted and conditionally permitted in the General Industrial areas of the
Chula Vista Coastal Zone and Chula Vista Bayfront. Automobile sales (new), boat
sales, and some automotive repair facilities are allowed by a conditional use permit.
The proposed auto auction, smog certification, minor tune-ups, and car washing
activities are similar in nature to those allowed by the conditional use permit. Based
on those similarities and the conditions of approval which include a provision to allow
the use for a temporary period of one year, it is found that no significant land use
related impact will result.
c. All vehicles are required to be stored within the existing building and all smog testing,
limited tune-up work, and car washing are required to take place within the walled,
exterior warehouse yard. Non-compliance with these requirements will result in the
revocation of the Redevelopment special land use permit and Coastal Development
Resolution 18422
Page 2
Permit and the requirement to vacate the use; therefore, no visual or noise impacts will
result from these activities.
d. The applicant is prohibited to discharge any substance into the storm drain system and
is required to obtain an Industrial Waste Permit for all activities that will result in
discharge of substance. The applicant is required to comply with all provisions of the
Industrial Waste Permit which will avoid adding pollutants into coastal waters.
Statewide and regional interpretire guidelines have been reviewed, and the proposed project
has been found to be in conformance with the public access and public recreational policies
of Chapter 3 of the Public Resources Code in accordance with Section 30604(0) of the Public
Resources Code.
BE IT FURTHER RESOLVED that 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 a._.bb initio.
BE IT FURTHER RESOLVED that the City Council hereby approves Coastal
Development Permit No. 71, subject to conditions listed in Attachment I.
Presented by Approved as to form by
C ri eh Ann Y. Moore I
Director of Community Development Acting City Attorney
Resolution 18422
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ATTACHMENT I
Coastal Development Permit No. 71
BAHA International, Inc.
Automobile Auctionhouse
780 Bay Boulevard
August 20, 1996
CONDITIONS OF APPROVAL
The following is a list of conditions of approval for Coastal Development Permit #71 for BAHA
International to establish an automobile auctionhouse at 780 Bay Boulevard. Conditions shall
be satisfied prior to the issuance of Coastal Development Permit No. 71 and occupancy of
buildinq and commencement of business.
1. The automobile auctionhouse Coastal Development Permit shall be effective for one
year and shall expire on August 19, 1997. Coastal Development Permit No. 71 is valid
and enforceable only in conjunction with a valid and enforceable Redevelopment
special land use permit.
' 2, The approved use shall be limited to the auctioning of automobiles and related
administration and accounting with the exception of certain "Smog checks", minor
tune-ups to meet smog requirements, and car washing described as follows:
a. Auctions shall be limited to two per week and shall be conducted between 7:00
p.m. and 9:00 p.m. Wednesday evening and between 12:00 noon and 3:00
p.m. on Saturday afternoon.
b. "Smog checks" and minor vehicle tune-ups to meet smog requirements to
comply with the California vehicle emissions requirements shall be limited to
10% of vehicles to be sold at on-site auctions. All "Smog" and tune-up work
shall be restricted to the 56 ft. by 170 ft. walled, exterior area designated as
"Warehouse Yard" on the project site plan located at the south end of the
building. Minor tune-up shall not include the draining of any fluids from the
vehicles.
c. All car washing shall be conducted within the walled exterior area designated
as "Warehouse Yard" on the project site plan and shall be conducted in
accordance with requirements of the Clean Water Act as stipulated by the City
of Chula Vista Engineering Department.
do Automotive maintenance or repair work other than for smog certification as
describe in section 2. b. shall not be conducted on site.
i 3. Actual auctioning of vehicles shall be conducted within the enclosed building. The only
outside activity allowed outside of the building and the warehouse yard is the
previewing of vehicles as conditioned.
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4. A maximum of 100 vehicles shall be allowed on-site for auction purposes.
All vehicles to be auctioned shall be stored inside the enclosed building at all times
with the exception of a three-hour preview time period prior to each auction and during
the two to three hour auction periods. In the event that the inside storaoe area is no
Ionqer available for vehicle storaqe, this Coastal Development Permit shall be revoked.
5. Parking for 200 vehicles ( 100 for preview and 100 for customers) shall be designated
on the site by barricades in accordance with the site plan, Exhibit A. Barricades shall
be appropriately placed at least 15 minutes prior to the start of the preview period and
shall be removed no later than 15 minutes following the end of the auction.
6. A maximum of 20% of parking stalls available to the automobile auctionhouse may be
compact size.
7. All loading/unloading of vehicles shall take place within the walled exterior area
designated as "'Warehouse Yard" on the project site plan at the south end of the
building. No loading or unloading shall be permitted to occur in the on-site parking lots
or on the public street. Delivery trucks shall be allowed on*site during business hours
only.
8. Overnight truck parking shall not be allowed on-site or on public streets.
9. The Chula Vista Police Department personnel shall be allowed to enter the premises
at anytime to inspect the premise, vehicles, and company paperwork and accounting T'
records.
10. Auctioned vehicles shall not be driven off-site unless registered and insured in
accordance with the State of California, County of San Diego, and City of Chula Vista
statutes.
11. Uniform security shall be present on-site during business hours and during auctions.
12. Garage exhaust ventilation shall be provided per UBC Section 1202.2.7.
13. Idling of vehicle motors shall not be allowed inside the building.
14 Provide a detailed plot plan of automobile storage area depicting parking and
accessways.
15. Provide one-hour fire assembly to east entrance of public viewing area.
16. Fire doors assemblies shall be provided with a closing device. (UBC 713.6.1)
17. Provide information to Fire department for type of chemicals used in detailing and
maintenance operations. (Article 80. UFC)
18. Fuel in vehicle fuel tanks shall not exceed 1 gallon for Class I flammable liquids
(gasoline, propane), and 5 gallons for Class II combustible liquids (Diesel). (UFC
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19. Submit plan to Fire Department concerning discharge of flammable, combustible
liquids, and petroleum waste products from steam cleaning, maintenance operation
upon the ground.
20. Applicant shall submit pans to Fire Department which demonstrate an accountable
program to verify fuel status of each car delivered to the Auction House and the
method of fueling/defueling which will limit the fuel to the required levels.
21. All exterior signs shall be approved by city staff prior to installation The proliferation
of banners, sandwich-type signs, and other temporary signs shall be prohibited.
22. The entry gates to the warehouse yard shall remain closed when not in use for loading
and unloading of vehicles.
23. No outside sound amplification devices shall be allowed. Any amplification of public
address system utilize within the building shall not be audible outside the walls of the
enclosed building.
24. Floor drains shall be provided within areas that will be used to wash vehicles.
25. Disabled parking spaces shall be provided within reasonable proximity to the main
auction area.
26. All restroom facilities, drinl<ing fountains and public telephones serving the business
must be accessible for use by individuals with disabilities. An accessible path of travel
from the accessible parl<ing spaces to these restrooms and related facilities must also
be provided.
27. Applicant shall assure that repair of auction vehicles does not occur within the public
right-of-way, either before or after vehicles are sold.
28. Applicant shall not discharge wash water from vehicle washing on to the street or to
the storm drain system. Applicant shall obtain an Industrial Waste Permit allowing for
the discharge of wash water to the Chula Vista sanitary sewer system and shall pay
all appropriate sewer fees and sewer charges.
29. Applicant shall deposit with the City of Chula Vista Finance Director a cash bond in the
amount of $10,000 to insure compliance with Conditions of Approval. Applicant shall
agree to forfeit the $10,000 plus accrued interest in the event that the applicant does
not comply with any one of the conditions of approval. In the case that the applicant
violates a second condition of approval, the Redevelopment Agency shall withdraw
approval of the Special Land Use Permit and the applicant shall vacate the land use
within 30 days of the Redevelopment Agency's direction.
30. A reciprocal agreement for parking rights for 105 parking spaces located on Lot 7,
Parcel Map 13581 shall be executed by the applicant and recorded with the County
Recorder. Said agreement shall be approved by City Attorney prior to recordation.
31. Applicant shall submit to the Chula Vista Finance Director a copy of the monthly
remittance report required by the State Board of Equalization declaring sales tax for the
auto auctionhouse. This information will be kept confidential.
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32. Should litigation be filed challenging the land use permit or process related thereto, the
City may revoke the land use permit in response to such litigation and City is not
required to defend against any such litigation. Should applicant choose to respond to
such litigation, applicant shall do so at applicants sole cost and expense.
33. Except to the extent otherwise provided in this Coastal Development Permit, the
burdens of this Coastal Development Permit bind, and the benefits of this Coastal
Development Permit inure, to the City's and Applicant's successors-in-interest and
shall run with the land.
The property owner and the applicant shall execute this document by signing the lines
provided, said execution indicating that the property owner and applicant have each read,
understand, and agrees 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 returned to the City Clerk
with a copy to the Community Development Department. Failure to return a signed and
stamped copy of this recorded document within thirty days of recordation to the City Clerk
shall indicate the property owner's/applicant's desire that the auto auctionhouse, and the
corresponding application for the Coastal Development Permit be held in abeyance without
approval.
Owner's Agent: Applicant:
Greenwald Company BAHA international, Inc.
Bennet B. Greenwald, President Khalil Baha, President
Leslie C. Cusworth, Vice President Saied Baha, Vice President
Date Date
Recordation No. 1996-0475102
9/18/96
Resolution 18422
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of August, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Moot
ABSTAIN: Councilmembers: None
,w Shirleyl~lorton' Mayor
ATTEST:
~.Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18422 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of August,
1996.
Executed this 20th day of August, 1996.
Bev~~Authelet, City Clerk