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HomeMy WebLinkAboutRDA Reso 2000-1699 RESOLUTION NO. 1699 RESOLUTION OF THE REDEVELOPMENT, ~,GENCY OF THE CITY OF CHULA VISTA ADOFTING MITIGATED NEGATI fE DECLARATION IS-00-39 AND APPROVING tN APPLICATION FOR A SPI CIAL USE PERMIT TO ALLOW THE SITING OF A 'EAK LOAD POWER PLANT ! I' 3497 MAIN STREET. A. RECITALS 1. Project Site WHEREAS, ti' .~ parcel which is the subject m itter of this resolution is represented in Exhibit A atta~:hed hereto and incorporated !~erein by this reference, and for the purpose of get eral description is located at 34 )7 Main Street ("Project Site"); and, 2. Project Applic-~ nt WHEREAS, or March 21, 2000 a duly verifie~ application for a special use permit to allow the siting of a Peak Load Power Plant ~ 3UPS-00-08) ("Project") was filed with the City of Ch Jla Vista Community Develop~ lent Department by PG&E Dispersed Generation, LL ("Applicant"); and 3. Project Descri on; Application for Special U., Permit WHEREAS, A plicant requests permission to ite the Project at the Project Site. The Project consis s of one natural gas twinpak i:ombustion turbine, gas compressor, electrical gene ator, and associated equipmel within the perimeter of the properly fenced and scr ;ened by landscaping; and, 4. Planning Comr lission Record on Application WHEREAS, th,~ Planning Commission held a ly noticed Public Hearing to consider the Project apldication on August 9, 2000, ~d after considering all evidence and testimony pres~ ;nted recommended by a vote i~f 6-0 that the Redevelopment Agency approve a Spe~;ial Use Permit for the Project; nd, 5. Redevelopmen: Agency Record of Applicatior WHEREAS, a duly noticed public hearing o i the Project was initially opened on August 22, 20,)0, continued to September 11!, 2000, and held on September 26, 2000 before th Redevelopment Agency of I~le City of Chula Vista to receive the recommendati¢ of the Planning Commissil and to hear public testimony with regard to same NOW, THERE :~RE, BE IT RESOLVED ti' the Redevelopment Agency does hereby find, order, determine a md resolve as follows: B, PLANNING COMMISS ON RECORD The proceedings and a I evidence on the Project introl Jced before the Planning Commission at their public hearing ~n this project held on August ! 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the r~ cord of this proceeding. Resolution No. 1699 Page 2 C. ENVIRONMENTAL DETERMINATION The Planning and Environmental Manager prepared an Initial Study, and determined that project specific mitigation measures are required to reduce potential environmental impacts identified in the initial study to a less than significant level. A Mitigated Negative Declaration was prepared; and, D. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency finds that the Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista. The Redevelopment Agency finds that the Mitigated Negative Declaration reflects the independent judgement of the Redevelopment Agency of the City of Chula Vista and hereby adopts the Mitigated Negative Declaration. 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 betow 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 peak Icad power plant is desirable because it enhances the reliability of the electricity distribution system in the region by more efficiently using the existing energy resources to generate electricity during peak demand periods. 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, An environmental analysis was performed for the project site in accordance with the provisions of the California Environmental Quality Act. As a result of that environmental analysis specific mitigation conditions have been placed upon the project. Said conditions are included in the Mitigated Negative Declaration for the project and are incorporated herein as conditions of approval for SUPS-00-08, 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Special Use Permit SUPS-00-08 requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. Resolution No. 1699 Page 3 The conditioning of S~ IPS-00-08 is approximately pr( )ortional both in nature and in extent to the impact created by the proposed development in ~at the conditions imposed are directly related to and are of a nature and scope related to th, size and impact of the project. 4. That the gran :lng of this special use permi will not adversely affect the general plan of the C ! or the adopted plan of any Iovernment agency. The granting of SUP .00-08 will not adversely affe~ the Chula Vista General Plan in that said project is in cool rmance with the City Zoning C dinance and General Plan. The site is in an area that is cha~ acterized by commercial and i dustrial uses, and as previously noted in Finding 2, has been conditioned to mitigate potenti impacts, F. CONDITIONS OF APP ~OVAL The Redevelopment l,gency hereby grants Special se Permit SUPS-00-08 subject to the following conditions wi ~ereby the applicant and/or pro ,erty owner shall: Planning and Building Deparb lent Conditions: 1. Prior to the issuance )f building permits, the project landscape and irrigation plan shall be reviewed and approve by the City Landscape Plann, 2. Prior to the issuance f a Certificate of Occupancy the new structures, all landscaping shall be installed in ac, :ordance with the approved lar Iscaping plan. 3. Any designated parkilg areas on the site shall p~ wide a landscape treatment of 10% minimum per the Chul;~ Vista Landscape Manual. Th!~ site plan does not at this time identify any designated parkin ] areas. However, if in the futi re parking areas are created then this will be a requirement. 4. If at any point in the fu ure the designated easement I~ ecomes a designated street and right- of-way, then additional landscaping may be required ~1 ithin the right-of-way. 5. Opportunities for vine pocket plantings should be lioked at by the Landscape Architect. There should be isolat~ ;d pockets of vine plantings aloi Ig the proposed fencing. 6. Provide some vine plal ~tings along the proposed fencii ig. 7. A water management I,lan shall be provided at the bu ding permit stage, per requirements of the City Landscape M~ nual. 8. At the building permit :~tage, a complete planting and irrigation plan per the City Landscape Manual will be require( 9. Construct the project a submitted, unless otherwise ~ ~odified herein. The Power Plant shall operate a maximum o sixteen (16) hours per day id a maximum of forty-eight hundred (4,800) hours per year. Resolution No. 1699 Page 4 10. All mitigation measures identified within the Mitigated Negative Declaration for the project shall be complied with to the satisfaction of the Director of Planning and Building in perpetuity. Public Works Department Conditions 11. Developer shall dedicate land for street right-of-way, including turnaround, sufficient to construct half of an industrial street in accordance with the City's adopted street standards at the time of dedication. Such dedication shall be made upon Developer or Developer's successor in interest acquiring a fee interest in the Property and the request of the Agency. 12. The following fees will be required if appropriate or if applicable, including but not limited to those fees identified below, based on the final building plans submitted. a. Sewer capacity and connection fees. b. Development Impact Fees c. Traffic Signal Fees 13. The Engineering Division will require the applicant to obtain a construction permit to perform any work in the City's right of way or easements. 14. A grading permit will be required prior to issuance of any building permit. Specific means of handling storm runoffwill be addressed at the time of the grading plan review. All runoffwill be subject to NPDES regulations. Hazardous materials will not be allowed to drain onto surrounding property. 15. Existing public sewer lines shall remain protected and driveable access shall be provided to all sewer manholes located on the property. Sewer easements shall be granted for all existing sewer lines on the property not within an existing easement. Fire Department Conditions 16. A 20' minimum width Fire access is required with an all weather driving surface. Applicant/operator shall and does hereby agree to indemr~ify, 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 any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and b) 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/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. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The applicant shall execute this document by signing the lines provided below, said execution indicating that the applicant has read, understood and agreed to the conditions contained herein. Resolution No. 1699 Page 5 Upon execution1 this docume~ ~t shall be recorded with the Co Jnty Recorder's Office of the County of San Diego, and a signed, s amped copy returned to the .;ommunity Development Department. Failure to sign this document vithin ten days of approval sha indicate the applicant's desire that the project, and the correspondin,] application for building permi and/or a business license, be held in abeyance without approval. Said document will also be file in the Community Development Department's files. Si n~r'e ~Jf Represer~tative c F PG&E Da~ ~Z2 Presented by: ApprG ~d as to form by: Chris Salomone ~n~! 'K~heny ( "~ ~ Community Development Dir~ ctor ~ ~,~y \~.,,/ ~ Resolution No. 1699 Page 6 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 26th day of September, 2000 by the following vote: AYES: Members Davis, Moot, Salas, and Chair/Mayor Horton NOES: None ABSENT: Padilla ABSTENTIONS: None Shirley Hortq~ Chairman ATTEST: (//~L ~ Chr~ 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. 1699 and that the same has not been amended or repealed. Dated: September 27, 2000 ~ ~ Chris Salomone Executive Secretary