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HomeMy WebLinkAboutRDA Reso 1997-1556 RESOLUTION NO. 1556 RESOLUTION OF THE REDEVELOPMENT AGE ",ICY OF THE CITY OF CHULA VISTA ADOPTING THE MIT GATED NEGATIVE DECLARATION ISSUED ON IS-96-08 AND AF PROVING A SPECIAL USE PERMIT FOR A TRUCK TERMINAL/TRAI_I~R ~TORAGE VARD AT 2451 FAIVRE STREET I. RECITALS A. Project Site WHEREAS, the parcel which is the sul,ject matter of this resolution is diagrammatically represented in Exhibit A att mhed hereto and incorporated herein by this reference, and commonly known as ,51 Faivre Street (APN 622-190-15) ("Project Site"); and, B. Project Applicant WHEREAS, a duly verified application for ;pecial use permit was flied with the City of Chula Vista Planning Department on .luly 10, 1995 by Mr. Allen M. Jones on behalf of H.G. Fenton Material Company and California Multi-Modal, Inc. ("Applicants"); and C. Project Description; Application for Special Jse Permit WHEREAS, said application requested appro, ,al of a special use permit to continue the use of the Project Site as a temporar~ truck terminal/trailer storage yard ("Project") in the IL-P Zoning District at Pro .ct Site; and D. Planning Commission Record on Applicatior WHEREAS, the Planning Commission hel'l an advertised public hearing on September 1 I, 1996 and, after taking testimony from those present, continued said public hearing. On July 23, 1997, the Planning Commission reopened said public hearing, took public testimony and ti ereafter continued the public hearing to August 13, 1997. On August 13, 1997, 13e Planning Commission reopened the public hearing, took public testimony a"nd th~ reafter closed said public hearing. The Planning Commission then voted 6-0-1 recommending that the Redevelopment Agency approve the Project in accordance Nith Planning Commission Resolution No. SUPS-96-06; and E. Notice of Public Hearing WHEREAS, the Redevelopment Agency set I he time and place for a hearing on said special use permit application and notice of .' aid hearing, together with its purpose, was given by its publication in a newspape of general circulation in the city and its mailing to property owners within 500 :eet of the exterior boundaries of the property at least 10 days prior to the head[ g; and Resolution 1556 ' Page 2 F. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely September 16, 1997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and resolve as follows: 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 11, 1996, July 23, 1997 and August 13, 1997 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY hereby approves Special Use Permit SUPS-96-06 based on the following findings and all other reports, evidence and testimony presented with respect to the proposed use. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency hereby approves Mitigated Negative Declaration IS-96-08. IV. SPECIAL USE PERMIT FINDINGS The following findings are required by the Southwest Redevelopment Plan which governs the issuance of special use permits. The Redevelopment Agency of the City of Chula Vista is able to make findings in support of the Project as required by the City's rules and regulations for the issuance of special use permits, as hereinbelow set forth, and sets forth the evidentiary basis for approval of the proposed Project: 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 proposed temporary truck terminal/trailer storage area provides for the storage of various items of material and equipment that are useful to the continued operation of businesses within the community. 2. 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 temporary truck terminal/trailer storage area presents a neat, well ordered appearance and will be separated from nearby residents by Faivre Street and will not result in impacts which would adversely affect humans or surrounding properties. Resolution 1556 Page 3 3. That the proposed use will comply with the ~ egulations and conditions specified in the code for such use. The proposed storage area will complies wit the applicable conditions, codes and regulations for the Montgomery Specific PI[ area. 4. That the granting of this special use permil ~ill not adversely affect the general plan of the City or the adopted plan of any overnment agency. The site is located in the uWhitelands" spE ;iai comprehensive study area and a specific plan designation for this area has not yet been determined. With the approval of a special use permit allowing th s use for a temporary period, and the Planning Department's ability to phase out t lis use if open space is determined to be the best for the area, this project will be )nsistent with the applicable plans and policies. V. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Jse Permit SUPS-96-06 subject to the following conditions whereby the Applicants shall: A. Operate the Project as submitted to and approved by the Agency, except as modified herein and/or as required by the lunicipal Code, and as detailed in the project description. B. Comply with al~ conditions of approval p~ suant to PCC-90-02 or as otherwise modified herein. C. Comply with all Mitigation Measures as incorporated into the Mitigated Negative Declaration for IS-96-08. D. Operate the Project for a maximum of tw ) years from the date of approval of Special Use Permit SUPS-96-06, after whicl~ time period this approval expires and becomes null and void. E. To ensure that dust is eliminated, the App icants and/or Operator of the Project shall: 1. Acknowledge and agree that monito 'lng of dust and mud conditions on the Project Site and along the Project's F aivre Street frontage will be carried out by the MMC who will perform insp~,ction visits a minimum of once every other week for the first nine month; and then after the first nine months only at the request of City staff in t ~e event that it becomes necessary as determined by the City. Any unusEd portion of deposit submitted by the Applicant for the Mitigation Monitor ng Program shall be refunded after the second year. Likewise, in the event the deposit amount is exhausted prior to the end of the second year, the Applicant shall submit an additional deposit amount as stipulated by the Director of Planning. Resolution 1556 Page 4 The MMC will forward monitoring reports for each visit to the Applicant, Director of the Building and Housing Department, the Director of the Planning Department and the City Engineer as to the state of the site and the Project's frontage along Faivre Street with respect to dust abatement and mud being tracked onto Faivre Street. Said report shall indicate whether dust clouds and/or mud is observed on the Project Site or along the Project's Faivre Street frontage. If the MMC observes dust clouds being generated by vehicles associated with the Project Site or mud being tracked onto Faivre Street from the Project Site, he/she shall immediately send written notification to the Applicant, the Director of Building and Housing, the City I:ngineer and/or the Director of Planning, as appropriate. Within a reasonable time limit, as determined by the MMC, after initial notification of violation the MMC shall revisit the Project Site to confirm compliance. If the situation is not remedied within said reasonable time specified by the MMC, the MMC shall a send second written notice to the above-mentioned parties, after which the City may take any Code Enforcement action it deems necessary. 2. Apply one of the dust control agents listed in Attachment 1 to all driving surfaces, including the Project's frontage along Faivre Street, as necessary and/or as the MMC determines to prevent dust clouds from forming, but not in such concentrations as will negatively impact the wet[and area to the south, as determined by the MMC. Applicants and/or Operator of the Project shall ensure that any dust control agent so applied shall be biodegradable and non-toxic. If needed, additional applications shall be applied at Applicant's/Operator's expense as determined necessary at the discretion of the MMC. As proof of application of one of the dust control agents, a letter from the Applicants shall be submitted to the MMC, the Director of Planning, the Director of Building and Housing and the City Engineer within five (5) working days after the application indicating the agent applied, date, time and areas of application. 3. Until such time as construction of permanent improvements commences along the Project's Faivre Street frontage, remove accumulated dirt from Faivre Street frontage on a weekly basis or as otherwise determined by and to the satisfaction of the MMC. Removal of accumulated dirt sha~l be accomplished by use of a street sweeper, shoveling of dirt off of Faivre Street or any other method that the MMC agrees effectively removes the dirt. F. Not allow trucks entering the complex to stack on Faivre Street. All stacking shall take place on-site. To ensure that stacking does not occur in the public right-of- way, Applicants shall add personnel to the in-bound lane of the operations as warranted by an anticipated higher-than-normal flow, or if an unexpected number Resolution 1556 Page 5 arrives, a person on stand-by shall be callsd in to handle the extra numbers of trucks. G. Within thirty (30) days of the approval of Sp ;cial Use Permit SUPS-96-06, schedule a security survey with the Crime Preve~tion Unit of the Chula Vista Police Department and implement any suggestior; resulting therefrom within sixty (60) days of receipt of said suggestions, to the ;atisfaction of the Chief of Police. H. Submit a lighting plan to the Zoning Admini trator for review and approval prior to installing any such lighting system, wheth ;r for security or some other purpose. Any lighting adjacent to the Otay River shal be directed away from the river valley. Said lighting shall be Iow pressure sodium ;~nd shall be shielded from the adjacent river area to protect habitat within this w~ tland and preserve linkage, consistent with proposed policies of the Multiple Spe,;ies Conservation Program, I. Participate in and agree not to protest th~ formation of a reimbursement and/or assessment district to improve the intersection of Faivre Street and Broadway, to the satisfaction of the City Engineer. J. Maintain the hours of operation as 6:00 a.m. to 10:00 p.m. Monday through Saturday, and 8:00 a.m. to 6:00 p.m. on :;unday. K. Applicants shall and does hereby agree t,) indemnify, protect, defend and hold harmless City, its Council/Agency memEers, officers, employees, agents and representatives, from and against any and ~ Il liabilities, losses, damages, demands, claims and costs, including court cos's and attorneys' fees (collectively, "liabilities") incurred by the City/Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Sp ,~cial Use Permit, (b) Agency's approval or issuance of any other permit or a~;tion, whether discretionary or non- discretionary, in connection with the use ( )ntemplated herein, and (c) Applicants' operation of the facility permitted hereb . Applicants shall acknowledge their agreement to this provision by executing; copy of this Special Use Permit where indicated below. Applicants' compliance with this provision is an express condition of this Special Use Permit and this provi,'ion shall be binding on any and all of Applicants' successors and assigns., L. This permit shall be subject to any and ill new, modified or deleted conditions imposed after approval of this permit to ad~ ance a legitimate governmental interest related to health, safety or welfare whi( the City/Agency shall impose after advance written notice to the Applicants ar after the City/Agency has given to the Applicants the right to be heard with regar, thereto. However, the City/Agency, in exercising this reserved right/condition, m ay not impose a substantial expense or deprive Applicants of a substantial revenu source which the Applicants can not, in the normal operation of the use permitte be expected to economically recover. M. This Special Use Permit shall become void nd ineffective if not utilized within one year from the effective date thereof, in acc )rdance with Section 19.14.260 of the Resolution 1556 Page 6 Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. N. Execute the attached Agreement (Attachment "A") indicating that you have read, understood and agreed to the conditions of approval contained herein, and will implement same. O. Comply with all applicable Federal, State and local laws, requirements, rules and policies, and obtain and comply with all necessary permits for the Project from each respective level of government, as applicable. P. Not transport or store hazardous or toxic materials as cargo in any trailer in connection with the Project site or on any public right-of-way within the City of Chula Vista. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency 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. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS SIXTEENTH DAY OF SEPTEMBER 1997. Presented by Approved as to form by Chris salomone /,~l~a'~ M. Kaheny. ~ Director of Community Development ~..,~ency Attorney (~ Resolution 1556 Page ? PASSED, APPROVED and ADOPTED BY THE REDEVELC PMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 16th day of September, 997 by the following vote: AYES: Members Padilla, Rindone, Salas, H, rton NOES: None ABSENT: None ABSTENTIONS: Moot Hort(~q Chairl an ATTEST: L_/~,_ ./...' Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redeveloprr ~nt Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a f~Jll, true and correct copy of Resolution No. 1556 and that the same has not been amended or rel~ealed. Dated: September 17, 1997 ~lJ~ ~ Chris ~alomone Execu ive Secretary