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HomeMy WebLinkAboutItem 2 - Attachment 3 - CUP Reso RESOLUTION NO. CUP15-0023 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT, CUP15- 0023 FOR A 2,380 SQUARE-FOOT AUTOMATED CARWASH BUILDING WITH VACUUM STATIONS ON A 0.55-ACRE SITE LOCATED AT 495 TELEGRAPH CANYON ROAD WHEREAS, on December 15, 2015, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Gene Cipparone Architect, Inc. (Applicant); and WHEREAS, the application requests approval of a Conditional Use Permit to allow construction of a 2,380 square-foot automated carwash building with vacuum stations on a 0.55- acre site (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 495 Telegraph Canyon Road (Project Site); and WHEREAS, the Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines. Thus, no further environmental review is required; 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 its 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 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following Findings: I. FINDINGS 1. 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. This proposal will provide necessary services for the surrounding residents. The provision of an automated carwash facility in proximity to nearby residents contributes to the general well-being of the neighborhood and community. The site is located along a major arterial Attachment 3 PC Resolution CUP15-0023 January 10, 2018 Page 2 roadway with a high average daily trip, which will make it efficient and convenient for passing motorist to get their car washed. 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 carwash will not result in any negative impacts to health, safety or general welfare. The use will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista. The carwash use is consistent with the types of commercial uses that are allowed within the Central Commercial zone. To reduce the noise impacts a 6-ft. and 12-ft. wall is included on the site plan as a project feature along the rear property line. According to the noise study, the proposed use would comply with the City of Chula Vist ordinance, and therefore, will not cause any noise related impacts to adjacent properties or be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, and will not be injurious to property or improvements in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use is located in a Central Commercial zone, which allows the operation of a carwash, subject to issuance of a Conditional Use Permit. The carwash will comply with required development and operating regulations, including setback standards and parking requirements contained in the Chula Vista Municipal Code (Municipal Code). 4. 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. The Project Site is designated and zoned for Central Commercial zone uses in the 2005 General Plan. The operation of a carwash use at this location is consistent with the stated policies of the General Plan. This Conditional Use Permit is in compliance with the General Plan policy of providing adequate commercial uses within all areas of the city. Therefore, the use, as proposed, is consistent with the General Plan and the Central Commercial zone. BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings above, hereby approves the Conditional Use Permit subject to the following conditions: II. The following shall be accomplished to the satisfaction of the Director of Development Services, or designee, prior to issuance of building permits, unless otherwise specified: Planning Division 1. 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-3107. PC Resolution CUP15-0023 January 10, 2018 Page 3 2. The hours of operation shall be seven days a week from 8:00 a.m. to 8:00 p.m. 3. The Zoning Administrator shall have the authority to approve modifications to the hours of operation in accordance with Municipal Code regulations. III. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Approval of the Conditional Use Permit shall not waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of building permit issuance. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commissioners, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and att (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Ow 4. This Conditional Use Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. IV. GOVERNMENT CODE SECTION 66020(d)(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 timely follow 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 PC Resolution CUP15-0023 January 10, 2018 Page 4 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. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be signed and Development Services Department. ________________________________ _______________________ Signature of Property Owner Date ________________________________ _______________________ Printed Name of Property Owner Date ________________________________ _______________________ Signature of Applicant Date ________________________________ _______________________ Printed Name of Applicant Date VI. 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. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VII. 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, 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. PC Resolution CUP15-0023 January 10, 2018 Page 5 Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton Glen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of January 2018, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Gabe Gutierrez, Chair ATTEST: ____________________________ Patricia Laughlin, Secretary J:\\Planning\\Caroline\\Discretionary Permits\\495 Telegraph Canyon \\CUP15-0023 PC Reso