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HomeMy WebLinkAboutReso 2002-529- RESOLUTION NO. 2002-529 RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF AN INTERIM SUBDIVISION HOME-FINDING CENTER AT THE NORTHEAST CORNER OF MOUNT MIGUEL ROAD AND PROCTOR VALLEY ROAD I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit "A" and commonly known as Planning Area M designated CPF, Community Purpose Facility, and for the purpose of general description, herein consists of 4.6 acres at the northeast corner of Mount MIguel Road and Proctor Valley Road, within the San Miguel Ranch Planned Community (''Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on October 21, 2002 a duly yet'ffled application was filed with the City of Chula Vista Planning and Building Department by Trimark Pacific Homes; requesting approval of a conditional use permit to allow the construction and operation of an interim subdivision - home-finding center ("Project") and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of a prior Sectional Planning Area (SPA) plan including Planned Community (PC) District Regulations previously approved by City Council Resolution 19631 and Ordinance No. 2799 on October 19, 1999; and WHEREAS, the development of the Project Site has been the subject matter of a Third-tier, Final Subsequent Environmental Impact Report (FSEIR) EIR-97-02 previously certified by City Council Resolution 19630 on October 19, 1999; and WHEREAS, this Third-tier FSEIR incorporates by reference two prior EIRs: the original Rancho San Miguel Ranch General Development Plan FEIR-90-02, certified by the City Council on March 23, 1993; and the San MIguel Ranch General Plan Amendment / General Development Plan Amendment FSEIR-95-04, certified by the City Council on December 17, 1996; as well as their associated Findings of Fact, and Mitigation Monitoring and Reporting Programs; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 20, 2002, and after staff presentation and public testimony, voted 6-0 (1 seat vacant) to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. City Council Record of Applications Resolution 2002-529 Page 2 WHEREAS, the City Clerk set the time and place for a hearing on said Conditional Use Permit application and notice of said 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, namely December 10, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter dosed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on November 20, 2002, and the minutes and resolutions resulting there from are hereby incorporated into the record of this proceeding. III. PREVIOUS FSEIR#97-02 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIRg97-02 (San Miguel Ranch SPA Plan/Tentative Map). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator prepared an Initial Study (IS 03-011) and has reviewed the proposed activity for compliance with the Califomia Environmental Quality Act (CEQA) and has determined that the project will not have a significant effect on the environment because the development of the site with the type of development proposed has been addressed by the San Miguel Ranch Final Subsequent Environmental Impact Report (FSEIR) 97-02; and V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the proposed project has been reviewed in accordance with the Caiifomia Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista, and that the City Council finds that the project will not have a significant effect on the environment because the development of the site with the type of development proposed has been addressed by the San Miguel Ranch Final Subsequent Environmental Impact Report (FSEIR) 97-02, and as such reflects the independent judgment of the City Council of the City of Chula Vista; and VI. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL FINDS AS FOLLOWS: 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. Resolution 2002-529 Page 3 - The project will allow the applicant to provide information to the public regarding the San Miguel Ranch Planned Community. In the long term, the facility can be adapted to use as a Community Purpose Facility such as a church, daycare or community meeting facility. 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 proper~y or improvements in the vicinity. The project contains adequate parking and landscaping, and the architectural design complies with the San Miguel Ranch Design Guidelines. In addition, the site is separated from residential uses by streets and open space. The number of employees, hours of operation, and general public visiting the site will not be detrimental to the health, safety, and general welfare of the persons residing and working in the vicinity. Thus, the project will be compatible with the surrounding neighborhood. 3. That the use will comply with the regulations and conditions specified in the code for such use. The project conditions require the operation to be in continuing compliance with all codes and regulations, as applicable. 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 governmental agency. The project implements the General Plan, and San Miguel Ranch GDP and SPA Plan by - providing an interim use facility, and therefore it will not alter the land use patterns or in any way adversely effect the implementation of the General Plan. VII. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL FINDS PURSUANT TO C.V.M.C 19.48.025(E), AS FOLLOWS: 1. That the CPF land use designation was established at least three years prior to the consideration of any interim use, and the applicant agrees to continue marketing the site for a permanent CPF use concurrent with the interim use. The CPF land use designation on this site was established on October 19, 1999. Since then, the site has been graded and is available for non-profit organizations. The project has been conditioned to continue marketing the site for a permanent CPF use concurrent with the interim use. 2. That the interim use is not a residential use. The home-finding center is not a residential use. 3. That the interim use is compatible with surrounding land uses. The project site is surrounded by streets on two sides( Proctor Valley Road to the south and Mount Miguel Road to the west). The nearest residential development is approximately 250 feet from the proposed home-finding center, and about 20 feet above Mt. Miguel Road and Proctor Valley Road. In addition, the interim subdivision home-finding center design uses colors and materials consistent with the residential development, and staff is not aware of any non-profit organizations interested in the site at this time. However, as prescribed in the Chula Resolution 2002-529 Page 4 Vista Municipal Code, one of the conditions of approval requires that the applicant continue marketing the site during the five year period of the interim use. 4. That a Community Purpose Facility (CPF) use is not imminent at the time the application for the conditional use permit is filed. No community purpose facility use of the site has been proposed as of the date of this resolution. 5. That the interim use will terminate within five years of issuance of said permit unless the City Council provides one years notice of intent to terminate said conditional use permit. The applicant has agreed to this requirement, and a condition of approval has been included in the Conditional Use Permit. 6. That the denial of the interim use would constitute a hardship to the landowner. The applicant and staff have discussed alternative sites for the home-finding center, and have concluded that there are no feasible alternative locations. Denial of this request would create a hardship for the applicant. 7. That if the interim use structure is designed as a permanent building, the site design, floor plan and building design is planned as a conceptual component of a permanent, permitted CPF use complex. The project has been designed to locate the interim subdivision home-finding center on a small portion of the site. In staff's opinion, the building and parking arrangement within the overall site provides ample opportunity to integrate the home-f'mding center structure into a permanent CPF land use project. VIII. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL IN LIGHT OF THE FINDINGS ABOVE, hereby grants approval of the Conditional Use Permit subject to compliance with the following conditions prior to the issuance of the building permit for the project, unless otherwise specified below: 1. Comply with all City ordinances, standards, and policies except as otherwise provided in this resolution. Any violation of City ordinances, standards, and policies, or any condition of approval of this Conditional Use Permit, or any provision of the Municipal Code, as determined by the Director of Planning, shall be sufficient grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. 2. 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 Planning and Building Department. Failure to return a signed copy and stamped copy of this recorded document within thirty days of recordation to the Planning and Building Department shall indicate the property Owner's/Applicant's desire that the Project be held in abeyance without approval. 3. The property owner shall continue to market the site as a Community Purpose Facility site concurrent with operation of the home-finding center. Resolution 2002-529 Page 5 4. This interim use shall be terminated, and ail signs and flags shall be removed, after the issuance of the last residential building permit in the San Miguel Ranch Project (CVT 99-04), approved by City Council 2/29/00 by Resolution 2000-068, or within 5 years of issuance of this permit, unless the City Council provides one year notice of intent to terminate this conditional use permit, whichever occurs first. 5. Obtain City approval of detailed landscaping and irrigation plans and a water management plan prior to issuance of the building permit. 6. Maintenance of the landscaping shall continue until the subject property is transferred to a new owner and landscape maintenance is assumed by the new owner. 7. Hours of operation shall be limited to 9 a.m. to 6 p.m., seven days a week. 8. Comply with the applicable mitigation measures contained in the San Miguel Ranch FSEIR 97-02 Mitigation Monitoring Program and the approved Wetland Mitigation Plan dated December 2000. 9. Site lighting shall be directed downward and away from adjacent residential and biological preserve areas, to the satisfaction of the City. Permitted external site lighting is limited to lighting attached to structures and landscape lighting. 10. Relocate the parking lot sign 5 feet from the edge of the driveway. Signs shail comply with the City's vehicle sight visibility standards. 11. Comply with City-Wide Nationai Pollutant Discharge Elimination System (NPDES) permit requirements, to the satisfaction of the City Engineer. 12. Payment of the following fees is required prior to issuance of the building permit for the facility: a. Sewer Connection and Capacities Fees b. Development Impact Fees c. Traffic Signal Fees 13. 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 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 substantiai expense or deprive permittee of a substantial revenue source, which the permittee cannot, in the normai operation of the use permitted, be expected to economically recover. 14. This Conditional Use Permit shail become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 15. The property owner shall sign this document indicating that they have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the original document with original signatures shall be returned to the Resolution 2002-529 Page 6 Planning & Building Depa~hiient. No building permits will be issued or other entitlements approved until the signed or!ginal has been received. Property Owner: Trimark Pacific Homes VIII. 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 all certificates or 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. No vested rights are gained by developer or a successor in interest by the City's approval of this resolution. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council 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, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ~fi M. Kaheny - Robert A. Leiter Planning and Building Director ~lty Attorney Resolution 2002-529 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of December, 2002, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCaun and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATI'EST: Susan Bigelow, City Clerk~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-529 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of December, 2002. Executed this 17th day of December, 2002. Susan Bigelow, City Clerk o