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HomeMy WebLinkAboutRDA Reso 2000-1683 RESOLUTION NO. 1683 A RESOLUTICN OF THE REDEVELOPMEAT AGENCY OF THE CITY OF CHLLA VISTA GRANTING A SPI!CIAL USE PERMIT, SUPS-00-05, "O WORLDWIDE PETROLF JM COMPANY, TO CONSTRUCT, GAS STATION WITH ASS( .~IATED FAST FOOD RESTAURANT CAR WASH, AND FOOD IART, LOCATED AT 3733 MAIN ST~ EET. A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject m; [er of this resolution is represented in Exhibit A attached hereto and i ~corporated herein by this refei ence, and for the purpose of general description is located at 3733 ain Street, Chula Vista, 2. Project Applic~ WHEREAS, on December 21, 1999 a duly, erified application for a special use permit (SUPS-00-05) was file 2i with the City of Chula Vi~ ',a Planning Division by Worldwide Petroleum Company (Applicant; and, 3. Project Descript on; Application for Special Use Permit WHEREAS, Apl ,licant requests permission to ~ ~nstruct a gas station with associated fast food restaurant, car wash, nd food mart (project); and, 4. Planning Comn ssion Record on Application WHEREAS, the Planning Commission schedu and advertised a public hearing on the Project for May 24, 2000, ar WHEREAS, at ti Planning Commission meet of May 24, 2000, the Commission considered a motion to support ;taffs recommendation for appr )val of the project; and, WHEREAS, the Planning Commission voted 7-0 to recommend approval of the project; and, 5. Redevelopment Agency Record of Application WHEREAS, a d~ ~ly called and noticed public h~ tring on the Project was held before the Redevelopment Agency or July 11, 2000, to receive th recommendation of the Planning Commission, and to hear public [estimony with regard to same. Resolution No. 1683 Page 2 NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does 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 May 24, 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has prepared a Mitigated Negative Declaration for approval by the Redevelopment Agency pursuant to the California Environmental Quality Act. D. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista; and, after independent consideration of all oral and written testimony with respect to the project, does hereby adopt Mitigated Negative Declaration IS-00-14 finding that the project will have no significant impact on the environment. E. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the Agency's rules and regulations for the issuance of special 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 proposed gas station with associated fast food restaurant, car wash, and food mart is desirable in that it will provide needed services to residents of Chula Vista in a conveniently located and easily accessible site. The project is well designed and the construction of public improvements associated with the project will serve to improve the right-of-way along both Mace Street and Main Street. 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 gas station and associated improvements will not be detrimental to persons or property in the vicinity of the project site. An environmental analysis was performed for the Resolution No. 1683 Page 3 project site in accordar ce with the provisions of the Ca ifornia Environmental Quality Act. As a result of that environr lental analysis specific mitigati¢ n conditions have been placed upon the project. Said condi ions are included in the Mitigat, ~d Negative Declaration for the project and are incorporated h, :rein as conditions of approval )r SUPS-00-05. 3. That the prol~osed use will comply wit the regulations and conditions specified in th code for such use. Special Use Permit SI PS-00-05 requires the permit ;e to comply with all the applicable regulations and standa ds specified in the Municipal C, ~de for such use. The conditioning of SL PS-00-05 is approximately pro)ortional both in nature and extent to the impact created by 1 he proposed development in th ~t the conditions imposed are directly related to and are of a ~ature and scope related to the ;ize and impact of the project. 4. That the granling of this conditional use ~ ermit will not adversely affect the general plan o 'the City or the adopted plan of any government agency. The granting of SUPS. 00-05 will not adversely affect the Chula Vista General Plan in that said project is conform ~nce with the City Zoning Ordinance and General Plan. The site is in an area that is charact ..rized by commercial and indu= ;trial uses, said uses conforming with the General Plan. F. TERMS OF GRANT OI: PERMIT The Redevelopment A ]ency hereby grants Special U ~e Permit SUPS-00-05 subject to the following conditions wh ..reby the applicant and/or prol ;rty owner shall: Planning and Building Depat Irnent Conditions: 1. Prior to the issuance c I building permits, the project indscape and irrigation plan shall be reviewed and approvec by the City Landscape Plann( 2. Prior to the issuance of a certificate of occupancy for~ ; new structures, all landscaping and hardscape improvemer ts shall be installed in accordan :e with the approved landscape plan. 3. The final landscape pl;~n shall provide for a landscap.~ treatment (vines) for the wall to be located at the south ¢ the site, Said plan shall be reviewed and approved by the City Landscape Planner pric 'to the issuance of building pe~ mits. 4. Construct the project a., submitted, unless otherwise m )dified herein. 5. Prior to the issuance o building permits, the applicant shall comply with all requirements of the Building Division.: ~id requirements include but ar~ not limited to: Resolution No. 1683 Page 4 a. Submit architectural plans that are stamped and signed by a licensed architect. b. Structural plans and calculations must be stamped and signed by a California Registered Civil/Structural Engineer. c. Project sha~l comply with 1997 UBC and 1996 NEC. d. Project shall comply with 1998 handicapped accessibility requirements. e. Plans shall indicate type of occupancy. 6. A graffiti resistant treatment shall be specified for and applied to all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Planning Director prior to the issuance of building permits. Additionally, the project shall conform with Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. 7. All mitigation measures outlined in the Mitigated Negative Declaration for the project (IS-00- 14) shall be complied with to the satisfaction of the Director of Planning and Building in perpetuity. 8. Prior to the issuance of building permits, the applicant shall obtain a sign permit for all proposed signage. Public Works and £ngineerin~l Department Conditions: 9. Prior to the issuance of building permits, the applicant shall dedicate two feet of right-of-way along Main Street. 10. A separate sewer connection shall be required for the car wash area drainage system. 11. Prior to the issuance of a certificate of occupancy, the applicant shall install a 250 watt street light on Main Street, and a 150 watt street light on Mace Street. 12. Prior to the issuance of building permits, the applicant shall submit improvement plans which specify and guarantee the completion of the following public improvements: A) Widen Main Street to 41 feet centerline to curb for the 53 foot half of the street right-of-way. B) Construct curb, gutter, and 8-foot-wide sidewalk along the entire Main street Frontage. C) Widen Mace Street to 26 feet centerline to curb for the 36 foot of the street right-of- way. D) Construct curb, gutter, and 5-foot-wide sidewalk along the entire Mace Street frontage. E) Construct driveway approaches per Chula Vista Construction Standard No. 1. Resolution 1683 Page 5 F) Construct pedestrian ramp per ADA Stal~dards as southeast corner of the intersection ;Main Street and Mace Street. 13. Driveway approaches Just meet all applicable City of ~ ;hula Vista standards and must be 8 feet minimum from the ~oint of Curb Return (PCR). 14. If the total on-site exca~ ation exceeds the amount pern itted without a grading permit as prescribed by the City ¢ f Chula Vista Grading Ordinan~ 9 Number 1797 Section 15.04.150, applicant shall apply fol and obtain a grading permit pri ~r to the commencement of grading. 15. The applicant shall add 'ess all other comments noted i;i the attached Engineering Department Memorand Jm dated January 19, 2000 and included as Exhibit "B' to the satisfaction of the City ingineer. Fire Department Conditions: 16. Project plans shall be subject to the review and app'oval of the City of Chula Vista Fire Department. Po/ice Department Conditions: 17, The applicant shall com ~ly with all recommendations ol the City of Chula Vista Crime Prevention Unit as shov in memorandum included in ixhibit"B.' Conditions relating to the sale c ~lcohol: 18. No floor displays of bee= are allowed. All alcohol must ,e displayed in the cooler area. 19. Locks shall be installed ~nd maintained on cooler doors where alcohol will be displayed. The cooler doors shall be Io( ked after 12 mid-night until 6 a. n. in the morning, 20. Wine shall not be sold i~ bottles or containers smaller I an 750 milliliters. Wine-coolers shall not be sold in units of le, ~s than a four pack. 21. Alcohol sales shall be p, ~rmitted only between the hou~ of 6 a.m. and 12 mid-night. Other Conditions 22. The applicant shall con' ~ly with all requirements of the 'weetwater Author'ty as described ~n Exhibit "B.' 23. Prior to the issuance of uilding permits, the applicant s all pay all required school fees. Resolution No. 1683 Page 6 24. 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. Planning Commission Conditions 25. That further consideration be given to the possibility of installing a median on Main Street as well as enhanced traffic control for pedestrian crossing at the intersection of Mace and Main Streets. 26. That specification be given as to where the vacuums for the car wash will be located. 27. That enhanced measures for removing excess water on the vehicles exiting the car wash be provided. 28. That a condition be included specifying requirements for landscaping, signage and on-site maintenance. 29. That the signage conform to the sign ordinance and any redevelopment design guidelines and goals envisioned for that area. 30. That landscaping and street improvements be consistent with the long term objectives of the Montgomery Redevelopment Area Plan with respect to street landscape design and traffic control measures. 31. That a condition be included stating that the car wash will have a "striper~' (air-blower). 32. That the hours of operation be clearly defined in the conditions of approval. 33. That prior to issuance of a certificate of occupancy for new structures all State, Federal and local permits will have been received as required by that particular law or regulation. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City and Redevelopment Agency, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Special 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 Special Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. Resolution No. 1683 Page 7 G. EXECUTION AND RE CORDATION OF RESOLUTIC ~ OF APPROVAL The property owner and the applicant shall execute this d cument by signing the lines provided below, said execution indicati }g that the properly owner anc applicant have each read, understood and agreed to the conditions contained herein. Upon execL tion, this document shall be recorded with the County Recorder's O1 lice of the County of San Diego and a signed, stamped copy returned to the Community DevelopmEnt Department. Failure to retu'n a signed and stamped copy of this recorded document within ten days of recordation to the Corn "nunity Development Department shall indicate the property owner/a!: plicant's desire that the project and the corresponding application for building permits and/or a busi'less license, be held in abeya ~ce without approval. Said document ~ill also be on file in the Community Development Depart~.~ ~t's files and known as Document No. ~-J~"~,R~ r~=~l ~ {iv ~ of~ :)ate' W~:~r'dw~ Petroleum Compar~ H. INVALIDITY; AUTOM~ 'lC REVOCATION It is the intention of the City ~ouncil that its adoption of s Resolution is dependent upon the enforceability of each and eve ¥ term, provision and conditior herein stated; and that in the event that any one or more terms, provisions or conditions are etermined by a Court of competent jurisdiction to be invalid, illega~ or unenforceable, this resoluti ~n and the permit shall be deemed to be automatically revoked and, no further force and effect ab ~itio. Presented by Approve J as to form by ChrisSalomone (~o (aheny ( ~ /'7 ~ Director of Community Develo 'nent ney ~ ~/ Resolution No, 1683 Page 8 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 11th day of July, 2000 by the following vote: AYES: Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton NOES: None ABSENT: None ABSTENTIONS: None Shirley Hort~ Chairman Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1683 and that the same has not been amended or repealed. Dated: July 12, 2000 Chris Salomone Executive Secretary