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HomeMy WebLinkAboutReso 1990-15674 RESOLUTION NO. 15674 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING APPEAL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW OPERATION OF A RECREATION VEHICLE STORAGE LOT OPERATING AT 1375 BROADWAY - BROADWAY EQUITIES, LTD. The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in 1985 Broadway Equities Ltd. established an R.V. storage yard in a then County area without obtaining the legally requi red major use permit under County procedures, and WHEREAS, in 1986 the area in which the R.V. storage yard was maintained was annexed to the City of Chula Vista, and WHEREAS, in February, 1986, Broadway Equities was notified that its use was unlawful and requi red a conditional use permi t, and WHEREAS, in April, 1987 Broadway Equities applied for a conditional use permit for said use, and WHEREAS, on Jul~ 12, 3988 the City. CoUn~il~ranted the appeal of Broadwaj~ Equities from denial 6f the c6nditio6al use permit application by the Montgomery Area. Planning Commi%te~ . aBd the Chula Vista City Planning Commission and granted Conditional Use Per~it'PCC-87-39M forl8 months ~ubje~t to certain conditions, and WHEREAS, on October 25, 1989 ~he Chula Vista City Planning Commission revoked the Conditiona3 Use ~permit PC~-87-3~M for applicant's ~ai.l~re to timely comply with the Conditions of sai~ permi~ an~ applicants.timely a~pealOd said revocation, and WHEREAS, in January 1990 applicant file~ an application for a new cooditional use permit for the! same site for the same use, and on J~anuiry 24, 1990,!,the ChUla Vista City Planning.'ConanissiOn denied applicant's applicatign for a new conditional use permi~ 'in PCC-90-25M, and ~pplidant timely ~appe~led said denial, and WHEREAS, said appeals have been combined for joint consideration and came on for hearing on May 10 and May 17, 1990, and the Council having heard evidence in a public hearing and being fully informed in the premises, and Resol uti on No. 15674 Page 2 WHEREAS, staff was directed to bring back suitable findings to grant an appeal, and WHEREAS, an Initial Study IS 87-56M of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on May 22, 1987 who concluded that there would be no significant environmental effects and recommended that a Negative Declaration be adopted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does find that i t has considered the information contai ned in IS 87-56M prior to making a decision on this project, and hereby certifies that said Negative Declaration has been prepared in accordance with CEQA and the Environmental Review Procedures of the City of Chula Vista. BE IT FURTHER RESOLVED that the appeal of the Planning Commission Revocation of Conditional Use Permit PCC-87-37M is denied as both correct on the merits and moot. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby grant the appeal of the Planning Commission denial of a Conditional Use Permit and hereby grants a Conditional Use Permit to Broadway Equities, Ltd. to allow operation of a recreation vehicle storage lot operating at 1375 Broadway, based on the following findings: 1. The proposed use as conditioned is not in conflict with the adopted specific plan for the Montgomery area, "Special Study Area." 2. Effective visual screening, landscaping and the provision of adequate fire protection systems are a benefit to the property and are an improvements to the area. 3. The proposed use does meet with the regulations and conditions specified in the Code for landscaping, height limitations and visual screening and as such complies with the regulations and conditions specified in the Code for such use. 4. The granting of this major use permit as conditioned would not conflict with the planning and design proposals of the Montgomery Specific Plan and, therefore, will not adversely affect the General Plan of the City of Chula Vista. BE IT FURTHER RESOLVED that the Conditional Use Permit No. PCC-90-25 is subject to the following conditions: 1. No vehicles over 14 feet in height, or stacking of material on vehicles resulting in a height greater than 14 feet, shall be permitted on the site. 2. No vehicles or materials over 6 feet in height shall be located within 30 feet of the fence along Broadway. Resolution No. 15674 Page 4 San Diego Gas & Electric shall install curbs, gutters, sidewalks, and other related improvements to that portion of the San Diego Gas & Electric utility easement fronting on the west side of Broadway. SDG&E shall submit plans for these improvements within sixty (60) days of this approval, and shall construct these improvements in accordance with a schedule to be approved by the City Engineer and Director of Planning. The City of Chula Vista will cooperate with SDG&E to expedite processing of plans for these improvements. 10. This Conditional Use Permit is expressly conditioned upon the payment by the applicant of an in-lieu mitigation fee in the sum of $7,500 per year, payable to the City Director of Finance at the rate of $625.00 per month on or before the lOth of each calendar month. This in-lieu mitigation fee is acknowledged by the applicant as arising out of a reasonable nexus between the use of the property as an RV storage park instead of other open space or parks and recreation use, for which the property is more appropriate. Accordingly, the amounts paid by applicant during the life of this Conditional Use Permit shall be placed in an appropriate fund or funds related to acquisition and/or development of open space and/or parks and recreation facilities in the Montgomery Community. Presented by Approved as to form by Y.9 D. h~d ~uu~ol f Resolution No. 15674 Page 3 3. The Conditional Use Permit shall all ow for the operation of 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, which the City Council has determined will provide a convenience to the residents of the area, and are similar to and no more objectionable than recreational vehicles. All vehicles shall be operabl e, and no dismantling or repair work shall be permitted on 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. 4. The term of the Conditional Use Permit shall be for a maximum of five years, or until sixty days after the applicant receives written notification from the City that the City Council has made a determination as to the proper use for the San Diego Gas & Electric utility easements and fee ownerships after completion of the Montgomery Special Study, whichever comes first. 5. The hours of operation of the facility shall not be greater than 7 a.m. until 7 p.m. 6. All improvements, including landscapin9, shall be maintained by the applicant in a first-class condition. 7. The applicant shall utilize a standard rental or lease agreement for a~ 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 Mont9omery Special Study. 8. 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 a9reement, referenced in Condition No. 7, and verification that this a9reement has been utilized for all space rentals during the previous year; b. Verification of property maintenance in accordance with conditions of approval (e.g., photo9raphs of site, copy of contract for landscape maintenance); c. Any other information which the City deems necessary and reasonaL to determine compliance with the conditions of the Conditional Use Permit, as determined by the Di rector of Planning. Resolution No. 15674 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of June, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None R C ATTEST: ~~u~h~erk 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. 15674 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 12th day of June, 1990. Executed this 12th day of June, 1990. ~Au'thelet, City Clerk