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HomeMy WebLinkAboutReso 1995-18147RECORDING REQUESTED BY 7~E 0R[GI~L DF THIS DC, CC~IENT AI~ WAS RECORDED O~ SA~ DIEGO COUNTY RECDRDER~S OFFICE WHEN RECORDED R~URN TO ~o~. ~. ~ol~ny, ~. ~O~DN~ ~ 1975 ~ C~o ~ Suim 201 S~ Die~o, ~A 92130 THE AR~ ABOVE IS RESERVED FOR RECORDER'S USE RESOLUTION NO. 18147 Passed, Approved and Adopted December 5, 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A FIVE YEAR EXTENSION FOR CONDITIONAL USE PERMIT PCC-90-25 TO BROADWAY PALOMAR RV STORAGE TO OPERATE A STORAGE YARD FOR RECREATIONAL VEHICLES AT 1375 BROADWAY * * Recorded per Page 5, Section VI RESOLUTION NO. 18147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCHULA VISTA GRANTING A FIVE YEAR EXTENSION FOR CONDITIONAL USE PERMIT PCC-90-25 TO BROADWAY PALOMAR RV STORAGE TO OPERATE A STORAGE YARD FOR RECREATIONAL VEHICLES AT 1375 BROADWAY I. RECITALS A. Project Site 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 1375 Broadway ("project site"); and B. Project Applicant WHEREAS, on May 23, 1995 a duly verified application for extension of a conditional use permit (PCC-90-25M) was filed with the City of Chula Vista Planning Department by Broadway Palomar RV Storage ("applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests the extension of an existing conditional use permit to authorize the continued operation of an existing recreational vehicle storage yard for a five-year period ("project"), subject to extension at the end of that term, and is also requesting that the previous condition requiring payment of a park mitigation in-lieu fee be discontinued on the Project Site,; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 27, 1995 and voted 5-0 to recommend that the City Council approve the extension in accordance with Planning Commission Resolution PCC-90-25M; and E. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the city council of the City of Chula Vista on December 5, 1995 to receive the recommendation of the planning commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: Resolution 18147 Page 2 I. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the planning commission at their public hearing on this project held on September 27, 1995, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. II. ENVIRONMENTAL DETERMINATION The environmental review coordinator has concluded that the project is exempt from environmental review under the California Environmental Quality Act ("EQA") as a Class 1 exemption. III. 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 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 recreational vehicle storage yard provides a facility which assists property owners in keeping large recreational-type vehicles off of the public streets, which is desirable and contributes to the well-being of the community. Landscaping improvements made to the property by the applicant, have further contributed to the well-being of the neighborhood in which this property is located. B. 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. The existing RV storage yard has been legally operating under a conditional use permit for the past five years, and has not proven to be detrimental to the health, safety, or general welfare of persons or property within the vicinity. The project will be similarly conditioned for the length of the five-year term of extension, which will ensure that continued operations adhere to the same standards. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Compliance with all applicable codes, conditions, and requirements shall be required throughout the duration of this use. Resolution 18147 Page 3 D. 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. The approval of this permit is consistent with city policies, the Montgomery Specific Plan, and the General Plan. IV. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-90-25M subject to the following conditions: 1. The term of the Conditional Use Permit shall be for a maximum of five years and shall expire on December 5, 2000, and thereafter, the applicant will no longer be allowed to continue the use herein permitted after this date, unless further extended. 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 amortization 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 Planning Department a minimum of three months prior to the expiration date. 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. Storage shall be limited to recreational vehicles, as well as a limited number of automobiles, trucks, and other similar vehicles. 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 which are intended to be stored on site, which shall be subject to the review and approval of the director of planning for conformance with this condition. 3. No vehicles over 14 feet in height, or stacking of vehicles or materials on 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 hours of operation of the facility shall not be greater than 7 a.m. until 7 p.m daily. 6. All improvements, including landscaping and 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 (Project No. 88-03) on file in the office of the planning department. 7. The applicant shall maintain effective security measures for the purpose of ensuring a project site. Resolution 18147 Page 4 8. The applicant shall utilize a standard rental or lease agreement, to be approved by the planning director, for all space rentals, which shall include the following information relative to restrictions contained in the Conditional Use Permit: a. Types of vehicles which are allowed to be stored on the site. b. Height restrictions on vehicles within the facility. c. Other use restrictions. d. Notification that the use may be terminated with notice after completion of the Montgomery Special Study. 9. A report shall be filed with the city 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 No. 8, and verification that this agreement has been utilized for 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 which the city deems necessary and reasonable to determine compliance with the conditions of the Conditional Use Permit, as determined by the director of planning. 10. The previously-required parks in-lieu mitigation fee is hereby discontinued. V. ADDITIONAL TERMS AND PROVISIONS OF GRANT 1. 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. 2. This approval shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which city shall impose after advance written notice to the grantee and after the city has given to the grantee 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 grantee of a substantial revenue source which the grantee can not, in the normal operation of the approval granted, be expected to economically recover. Resolution 18147 Page 5 3. This conditional use permit extension 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. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 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 applicants, and a signed, stamped copy returned to the city clerk with a copy forwarded to the planning 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/applicants' desire that the project be held in abeyance without approval. 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.f, urther force,~'~d effect ab initio. l Robert A. keiter ruce . Boogaard /~ ~ \ Planning Director City Attorney Resolution 18147 Page 6 Exhibit A PROJECT LOCATION '"'"-'/-- In. CHULA VISTA PLANNING DEPARTMENT I.~C..ATO g,,,.,~,,~:'~- .o.~_ .. RyBr~dV~Yc~ ,,.Pbmor CONDITIO~L USE Resolution 18147 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of December, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilla, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~Shirley Horton, Mayor ATTEST: Beverly A/. 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. 18147 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of December, 1995. Executed this 5th day of December, 1995. Bev/arly A. Authelet, City Clerk RESOLUTION NO. 18147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A FIVE YEAR EXTENSION FOR CONDITIONAL USE PERMIT PCC-90-25 TO BROADWAY PALOMAR RV STORAGE TO OPERATE A STORAGE YARD FOR RECREATIONAL VEHICLES AT 1375 BROADWAY I. RECITALS A. Project Site 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 1375 Broadway ("project site"); and B. Project Applicant WHEREAS, on May 23, 1995 a duly verified application for extension of a conditional use permit (PCC-90-25M) was filed with the City of Chula Vista Planning Department by Broadway Palomar RV Storage ("applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests the extension of an existing conditional use permit to authorize the continued operation of an existing recreational vehicle storage yard for a five-year period ("project"), subject to extension at the end of that term, and is also requesting that the previous condition requiring payment of a park mitigation in-lieu fee be discontinued on the Project Site,; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 27, 1995 and voted 5-0 to recommend that the City Council approve the extension in accordance with Planning Commission Resolution PCC-90-25M; and E. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the city council of the City of Chula Vista on December 5, 1995 to receive the recommendation of the planning commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: Resolution 18147 Page 2 I. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the planning commission at their public hearing on this project held on September 27, 1995, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. II. ENVIRONMENTAL DETERMINATION The environmental review coordinator has concluded that the project is exempt from environmental review under the California Environmental Quality Act ("EQA") as a Class 1 exemption. III. 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 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 recreational vehicle storage yard provides a facility which assists property owners in keeping large recreational-type vehicles off of the public streets, which is desirable and contributes to the well-being of the community. Landscaping improvements made to the property by the applicant, have further contributed to the well-being of the neighborhood in which this property is located. B. 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. The existing RV storage yard has been legally operating under a conditional use permit for the past five years, and has not proven to be detrimental to the health, safety, or general welfare of persons or property within the vicinity. The project will be similarly conditioned for the length of the five-year term of extension, which will ensure that continued operations adhere to the same standards. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Compliance with all applicable codes, conditions, and requirements shall be required throughout the duration of this use. I '~" Resolution 18147 Page 3 D. 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. The approval of this permit is consistent with city policies, the Montgomery Specific Plan, and the General P~an. IV. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-90-25M subject to the following conditions: 1. The term of the Conditional Use Permit shall be for a maximum of five years and shall expire on December 5, 2000, and thereafter, the applicant will no longer be allowed to continue the use herein permitted after this date, unless further extended. 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 amortization 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 Planning Department a minimum of three months prior to the expiration date. 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. Storage shall be limited to recreationa~ vehicles, as well as a limited number of automobiles, trucks, and other similar vehicles. 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 which are intended to be stored on site, which shall be subject to the review and approval of the director of planning for conformance with this condition. 3. No vehicles over 14 feet in height, or stacking of vehicles or materials on 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 hours of operation of the facility shall not be greater than 7 a.m. until 7 p.m daily. 6. All improvements, including landscaping and 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 (Project No. 88-03) on file in the office of the planning department. 7. The applicant shall maintain effective security measures for the purpose of ensuring a project site. Resolution 18147 Page 4 8. The applicant shall utilize a standard rental or lease agreement, to be approved by the planning director, for all space rentals, which shall include the following information relative to restrictions contained in the Conditional Use Permit: a. Types of vehicles which are allowed to be stored on the site. b. Height restrictions on vehicles within the facility. c. Other use restrictions. d. Notification that the use may be terminated with notice after completion of the Montgomery Special Study. 9. A report shall be filed with the city 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 No. 8, and verification that this agreement has been utilized for 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 which the city deems necessary and reasonable to determine compliance with the conditions of the Conditional Use Permit, as determined by the director of planning. 10. The previously-required parks in-lieu mitigation fee is hereby discontinued. V. ADDITIONAL TERMS AND PROVISIONS OF GRANT 1. 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. 2. This approval shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which city shall impose after advance written notice to the grantee and after the city has given to the grantee 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 grantee of a substantial revenue source which the grantee can not, in the normal operation of the approval granted, be expected to economically recover. Resolution 18147 Page 5 3. This conditional use permit extension 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. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 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 applicants, and a signed, stamped copy returned to the city clerk with a copy forwarded to the planning 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/applicants' desire that the project be held in abeyance without approval. 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. Robert A. Leiter Bruce M, Boogaard f J ~ Planning Director City Attorney t, J Recorded Doc. #1996-0121864 3/12/96 Resolution 18147 Page 6 Exhibit A =" Pi~OJEO? · /" /'---IFI~-----'~.~ / /_ CHULA VISTA PLANNING DEPARTMENT Resolution 18147 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of December, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilla, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None (~ Shirley Horton, Mayor ATTEST: Beverly A.[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. 18147 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of December, 1995. Executed this 5th day of December, 1995. Beverly A. Authelet, City Clerk