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HomeMy WebLinkAboutPCC 2014-055RESOLUTION NO. PCC -14 -055 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL. USE PERMIT PCC -14 -055 FOR THE OPERATION OF A SELF - STORAGE FACILITY AT 2380 FENTON STREET, WITHIN THE EASTLAKE BUSINESS PARK. WHEREAS, on July 28, 2014, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by 2380 Fenton Street LLC ( "Applicant"); and WHEREAS, the application requests approval of a Conditional Use Permit to allow the operation of a self - storage facility ( "Project "); and WHEREAS, the area of land, which is the subject of this Resolution, is an existing 1.55 - acre pad located within existing the Eastlake Business Park ( "Business Park ") at 2380 Fenton Street ( "Project Site ") owned by 2380 Fenton Street LLC. ( "Property Owner "); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act ( "CEQA ") and has determined that the proposed project was covered in previously adopted Eastlake I Sectional Planning Area (SPA) Plan Final Environmental Impact Report (EIR 84 -01). Thus no further environmental review or documentation is needed ; 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 February 25, 2015 at 6:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence and testimony presented at the public hearing with respect to the Project in this action.. NOW, THEREFORE, BE IT 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, Development Service Director has reviewed the proposed project for compliance with the CEQA and finds that the proposed project was adequately covered in previously adopted Eastlake I Sectional Planning Area (SPA) Plan Final Environmental Impact Report (EIR 84 -01). Resolution PCC 14 -055 Page 2 February 25, 2015 BE IT FURTHER 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. The project site is a desirable location in that it is located in the Business Park and, at the same time, is within close proximity to residential uses. As a result, the proposed use will provide a service which meets the needs of the community by providing additional capacity for self - storage. While there are other similar types of facilities located within and near the Business Park, the Eastlake market as a whole is largely underserved. As a result, the proposed use will contribute to the general well -being of the neighborhood. 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 proposed self - storage facility is similar in operation to other business in the area and considered a low volume traffic generator, resulting in a negligible impact to the surrounding area in terms of traffic and circulation. The facility will be designed with features which complement the architecture of exiting surrounding development, with adequate on -site parking provided. That the proposed use will comply with the regulations and conditions specified in the code for such use. The zoning of the project site is Business Center Manufacturing District (BC -1) and is regulated by the Eastlake II PC Development Regulations. Development standards contained therein have either been met outright or, in the case of building height and parking, necessary findings were made in conjunction with the Design Review Permit (DRC 14 -06) to allow limited exceptions in terms of building height and parking. 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. This Conditional Use Permit (CUP) is in compliance with the General Plan and the Eastlake lI PC District Regulations. The proposed CUP permits the operation of a self-storage facility which is included in the "storage and wholesale trade" category of land uses envisioned by the Business Center Manufacturing Park District (BC -1) zone and Office Commercial (CO) designation of the General Plan, and therefore will not affect the implementation of the General Plan. Resolution PCC 14 -055 Page 3 February 25, 2015 BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Conditional Use Permit, PCC -14 -055 subject to the following conditions: 1. The following shall be accomplished to the satisfaction of the Development Services Department, prior to issuance of building permits, unless otherwise specified: Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plans on file in the Development Services Department, the conditions contained herein, and Title CVMC 19, 2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1786. 3. The hours of operation for the self-storage facility's office shall be Monday through Friday 8:00 a.m. to 6:00 p.m. and on Saturday /Sunday 9:00 a.m. to 5:00 p.m. Security gate access to the self - storage units shall be 6:00 a.m. to 10:00 p.m. daily. 4. The Zoning Administrator shall have the authority to approve modifications to the hours of operations in accordance with the Chula Vista Municipal Code regulations. 5. The Applicant shall be required to pay Engineering Fees based on the final approved building plans for the project: a. Sewer Connection and Capacity Fee b. Traffic Signal Fee c. Public Facilities Development Impact Fee d. Eastern Chula Vista Development Impact Fees e. Other Engineering Fees as applicable per Master Fee Schedule 6. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Construction Permit II. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 7. Approval of the Conditional Use Permit shall not act as a waiver for compliance with all sections of Title 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. Resolution PCC 14 -055 Page 4 February 25, 2015 8. Applicant shall indemnify, protect, defend, and hold harmless the City, its Planning Commission members, officers, employees, agents and representatives, from and 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 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. 9. The conditions of approval for the Conditional Use Permit shall be applied to the subject property at all times that the Conditional Use Permit is active for the subject project or until such time as 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. 10. The Planning Commission's approval of the Conditional Use Permit shall become void and ineffective if not utilized in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause the permit to be reviewed by the City for additional conditions or revocation. III EXECUTION AND RECORDATION OF RESOLUTION 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 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 Office and known as document No. o /. Date Date Resolution PCC 14 -055 Page 5 February 25, 2015 IV. GOVERNMENT CODE SECTION 66020(4)(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. V. 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 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 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. INVALIDITY; AUTOMATIC REVOCATION 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, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution PCC 14 -055 Page 6 February 25, 2015 Presented by: Kelly roughton Director of Development Services NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION adopts the resolution approving Conditional Use Permit, PCC -14 -055, 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 25th day of February, 2015, by the following vote, to -wit: AYES: Anaya, Calvo, Fragomeno, Nava NOES: -n /a- ABSENT: Fuentes, Gutierrez, Livag ABSTAIN: -n/a- ATJ ST: Patricia Laughlin, Secretary: