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HomeMy WebLinkAboutReso 2002-112 ~0~ ~ 2002-0382159 MAY O5, 2002 12:13 PM Recording requested OFFICIgI. I~P,D~ · ci, of Chat~ Vista After recording return 6 to: CiW Clerk's Office 2~2 0382~ 59 ~ RESOLUTION NO. 2,902-112 C-~ r~ Document Title - RESOLUTION NO. 2002-112 RESOLUTION OF THE CIT. Y COUNCIL OF THE CITY OF CHI. JLA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION (IS-02-17), AND GRANTING A CONDITIONAL USE PER_MIT (PCC-02-43) TO PACIFIC BELL, WHICH AMENDS CONDITIONAL USE PERMIT AND PRECISE PLAN NO. PCC-74-27, AND ALLOWS A 12,900 SQUARE-FOOT BUILDING ADDITION AND ENLARGED UNDERGROUND STORAGE FUEL TANK AT 1090 APACHE DRIVE A. RECITALS 1. Project Site WHEREAS, the parcel that is the subject matter of this resolution is represented in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1090 Apache Drive ("Project Site"); and 2. Project Applicant WHEREAS, on August 10, 2001, a duly verified application for a Conditional Use Permit (PCC-02-43) was filed with the City of Chula Vista Planning Division by Pacific Bell (Appficant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct a 12,900square-foot, two-story building addition to the existing building, relocating the site of an underground storage fuel tank, and replacing the existing 6,000-gallon fuel tank with a 12,000-gallon tank at 1090 Apache Drive; and 4. Environmental Determination WHEREAS, in accordance with the requirements of the California Environmental Quality Act (CEQA), the Environmental Review Coordinator determined that the Project required the preparation " -" ' ..... ' s'" ~" rTo tv~. ~ .~ w~*. pr.~2,~.~d .by city staff, and based on such study, a Mitigated Negative Declaration was prepared and circulated for public review. WHEREAS, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of a Mitigated Negative Declaration on March 4, 2002, in compliance with CEQA. The Planning Commission recommended adoption of the same Mitigated Negative Declaration on March 13, 2002. 5. Planning Commission Record on Application WHEREAS, the Planning Commission hearing was scheduled and advertised for March 13, 2002, 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, 'at which time the Planning Resolution 2002-112 Page 2 Commission voted 4-0-0-3 to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCC-02-43; and 6. 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 April 9, 2002, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE gE iY i.I_ESDL¥,ED that the City C.-,unc~l docs hereby find, determine and resolve as follows: B. 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 March 13, 2002,and the minhtes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration issued for this Project has .been prepared in accordance with requirements of the California .Environmental Qu.~liev A.-~ ,,,~.~'~, ~--,, ~- ..... ,1.' ' :~ev?,/~-;oc'c.6.urcs o£ti~e'Citv c~f Chuia yista. D. INDEPENDENT JUDGMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that the Mitigated Negative Declaration prepared for this Project reflects the independent judgment of the City of Chula Vista City Council, and hereby adopts the Mitigated Negative Declaration, a copy of which is on file in the Ofice of the City Clerk. E. PRECISE PLAN F1ND1NGS I. That such plan 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 vi_c~nity. The proposed use will not pose a danger to the health, safety or general welfare to the general public. A Mitigated Negative Declaration prepared by the city's environmental review coordinator indicates that when mitigation measures are followed, there will be no significant environmental impacts. 2. That such plan satisfies the principle for the application of the P modifying district as set forth in CVMC 19.56.041. The existing plan satisfies the principle for the application of the P modifying district as set forth in CVMC 19.56.041. The amendment to the existing Precise Plan, which ~creases the square footage of the existing building, increases the size of the existing underground storage Resolution 2002-112 ~,~ Page 3 fuel tank, and r~locates it on the site, is consistent with the principle for the application of the P modifying district. 3. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. The additional square footage being proposed to the existing building will not deviate from the underlying zoning requirements. 4:. That approval of this plan will con£¢n~ to the gene:al plan an,,~ the adopted policlb~ oft.hz city. The General Plan delineates the slope along Telegraph Canyon Road as Open Space, and Telegraph Canyon Road as a Designated Scenic Roadway. The propOsed addition to the existing substation will not adversely affect these General Plan elements for the following reasons: A. The substation is one of several types of utility stations whose locations are dictated by the foci of their present and projected service areas. As an unclassified use in the Zoning Ordinance, these stations can be built in any area of the city regardless of zoning, subject to a conditional use permit. This same reason is applicable to the General Plan; since utility substations are not called out on the General Plan they are to be located ........ wherever thev are needed and are considered c0mlaatible with .any, Oeneral. Plan designation(although their locatiOn in the heart ot' a' residential zov.e may be inappropriate). B. Subject to the conditions of approval, the facility will conform to the development guidelines of the Designated Scenic Roadway Element regarding building heights, architecture, landscaping and signing. Since the open space in this particular area is primarily "visual open space" along the Designated Scenic Roadway of Telegraph Canyon Road (with little or no resource or recreational value), compliance of the development with the Designated Scenic Roadway Element will also accomplish the objectives and policies of the Open Space Element. The project is also in compliance with the previOusly approved conditional use permit and Precise Plan PCC-74-27. F. CONDIT:iONAL USEPERMIt5' i'~NDi~-~G~ ............ ' ' - 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 herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 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 addition to the Pacific Bell switching station at this location is necessary because of its proximity to present and future telephone main distribution cables. The addition will provide an essential service to existing telephone subscribers in the eastern Chula Vista area. 6197 Resolution 2002-112 Page 4 2. That such use will not under the circumstances of the particular case, be detrimental to the health, s~i£ety or general welfare o£ persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed use will not pose a danger to the health, safety or general welfare to the general public. A Mitigated Negative Declaration prepared by the city's environmental review coordinator indicates that when mitigation measures are followed, there will be no significant environmental impacts. 3. That the proposed use will comply with the regulation~ and conditions spU¢ifi~'d in the code :for such use. '! This Conditional Use Permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with M1 applicable regulations and standards specified in the Municipal Code for such use. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 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. _ · T,he,,General Plan delineates the slope aloug Telegraph Canyon Road as Op~Suace, and ~¢le~3'u'apu ~.,any~t.~ ~Koad as a Designated Scenic Ri¢adway. 'l-ne proposed'addit~oi~ t6 th~ existing substation will not adversely affect these General Plan elements for the following reasons: A. The substation is one of several types of utility stations whose locations are dictated by the foci of their present and projected service areas. As an unclassified use in the Zoning Ordinance, these stations can be built in any area of the city regardless of zoning, subject to a conditional use permit. This same reason is applicable tothe General Plan; since utility substations are not called out on the General Plan they are to be located wherever they are needed and are considered compatible with any General Plan designation (although their location in the heart of a residential zone may be inappropriate). r- Subject ta thc ccndificno of approval; [iic fi:cility will confom~ ~o t,~e development ~uidelines of the Designated Scenic Roadway Element regarding building heights, architecture, landscaping and signing. Since the open space in this particular area is primarily "visual open space" along the Designated Scenic Roadway of Telegraph Canyon Road (with little or no resource or recreational value), compliance of the development with the Designated Scenic Roadway Element will also accomplish the objectives and policies of the Open Space Element. The project is also in compliance with the previously approved conditional use permit and Precise Plan PCC-74-27. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-02-43 subject to the following conditions: Resolution 2002-112 Page5 1. Prior to issuance of occupancy permit, remove and replace curb, gutter and sidewalk (damaged by Pepper Tree on private property) on Apache Drive, as marked in white. ENGINEERING DEPARTMENT 2. All appropriate fees shall be paid. The following fees shall be paid based on the final building plans submitted: sewer capacity.:fee~, Ims~ on all new construction or additional plumbing fi~tures; traffic signal fees basJ~'d ~)ii th~ difference bet4veen thc existing and proposed use; and development impact fees. · * ' 3. A grading peri'nit shall be obtained prior to coramencement of any grading activities. SCHOO.L DISTRICT 4. Prior to the issuance of a building permit, a developer fee of $0.33/square foot of the new building addition will be charged by the Chula Vista Elementary School District. Said fee is payable to the Chula Vista Building Division. · PLANNING DIVISION 6. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee 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 Permittee of a substantial revenue source, which the'Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 7. 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 any anc~ all liabil.ities, losses, damtiges.., demands claims and costs, including cqt~ costs and attOrneYs' ~'ees'(collectively, "ii~bilities") incurred {55> the City-arisifig' dik~ctl}F or iri~iirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. H. ADDITIONAL TERMS AND PROVISIONS TO GRANT Gt99 Resolution 2002-112 Page 6 1. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. A copy of this resolution shall be recorded against the property. 3. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. I. EXECUTION AND RECORDATION OF RESOLUTICN 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 returned to the City Clerk and Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/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 Office of////the C~il~ Clerk. gign~.tr~otrRe~resent a~ of Pac~/c Bell J. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. K. INVALIDITY; AUTOMATIC REVOCATION 2. is thc intention ot th~' City Council. that ~ts 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. Presented by Approved as to form by Robert A. Leiter Johrv~. Kaheny Planning and Building Director 6 ~ 0 0 Resolution 2002-112 ~, Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of April, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ' ey Horto~, Mayor Susan Bigelow, City Clerk° STATE OF CALIFORNIA ) COU2qTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2002-112 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of April, 2002. Executed this 9th day of April, 2002. Susan Bigelo~,, ~ity CleM' - SOUTHWESTERN COLLEGE SOUTHWESTERN COLLEGE OPEN SPACI PART OF SOUTHWESTERN ~Z~ ~ ~ COLLEGE OPEN SPACE PROJECT LOCATION SPACE SPACE CHU....~LA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR  PROJECT DESCRIPTION: APPLICAN3~ ALLIED DESIGN GROUP .CONDITIONAL USE PERMIT ANn PROJECT ADDRESS: 1090 APACHE DRIVE _PRECISE PLAN MoDIFICATiO.%, SCALE; FILE NU~eER: Request: Amend Conditional Use Permit and Precise Plan " NORTH ~ PCC-74-27 to add 12,900 square feet to existing building. C:\DAIFILES\locators\PCC0243.cdr 02/19/02 ~ ATTACH~VJ~.N'[' !