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HomeMy WebLinkAboutReso 2002-530P[,~.,~SE ~OMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: DOB $ 200.3-0212255 FEB 26, 2005 9.~8 A~t OFFIOIAZ REOOP~ S~ DIEGO ~OUNTY RE~ORDER'80FFIOE GREGORY J. SMITH, gOUNTY REOORI)ER FEE8: 0.00 (PleaseJ'dl in document title(s) on this llne) This page added to provide adequate space for recording information (Additional recording fee applies) Gov. code 27361.6 RESOLUTION NO. 2002-530 RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF CHULA VISTA GRANTING A PRECISE PLAN TO ALLOW THE DEVELOPMENT OF A 6,600 SQUARE-FOOT SATELLITE RETAIL BUILDING IN AN EXISTING SHOPPING CENTER, LOCATED AT 1210 BROADWAY, SOUTHWEST CORNER OF OXFORD STREET (APPLICANT: JOHN ZIEBARTH) (PCM-02-22) RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1210 Broadway ("Project Site"); and 2. Project Applicant WHEREAS, on April 15, 2002 a duly verified application for a precise plan zoning permit (PCM-02-22) was filed with the City of Chnla Vista Planning DepaJhnem by John Ziebarth for Rancho Broadway LTD ("Applicant"); and 3. Project Description; Application for Precise Plan Zoning Permit WHEREAS, said Applicant requests to develop a 6,600 square-foot satellite retail building within an existing in-line shopping center with some deviations from the CCP zoning and the Montgomery Specific Plan, which can be provided as part of a Precise Plan for the subject property and which may be given to development projects "characterized by outstanding planning or urban design" if approved by the Planning Commission and City Council on the site ("Project"); and 4. Design Review Committee Record of Application WHEREAS, the Design Review Committee held an advertised public hearing on the project on August 19, 2002 and voted 3 - 0 - 1 - 1 recommending that the Planning Commission approve the project; and 5. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on September 25, 2002 and continued to October 23, 2002 and voted 5 - 0 - 0 - 2 recommending that the City Council approve the project in accordance with Resolution PCM-02-22; and 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on December 10, 2002, and continued Resolution 2002-530 Page 2 to December 17, 2002; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council 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 hearings on this project held on September 25, 2002 and October 23, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator determined that the Project was exempt from the California Environmental Quality Act (CEQA) as a Class 3 exemption for small new structures. The Planning Commission adopted the attached Resolution PCM-02-22 including the exemption from CEQA on October 23, 2002 recommending that the City Council approve the Project. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby f'md that the environmental determination of the Environmental Review Coordinator and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State Environmental Impact Report (EIR) Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. PRECISE PLAN ZONING PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's roles and regulations for the issuance of a precise plan zoning permit, as heminbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That such plan 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 modifications proposed as part of the precise plan zoning permit will not 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 allowance for modified parking and landscaping within the precise plan will enable the development to provide an outdoor seating area xvithent increasing the required parking spaces beyond what would be required for the entire shopping center retail floor ama and indoor restaurant seating. The precise plan will also allow for a reduction in the 15-ft. landscape buffer along Broadway and Oxford Street as required in the Montgomery Specific Plan to a 10-ft. landscape buffer. The redevelopment of the shopping center can be considered as one "characterized by outstanding planning or urban design" in that the site plan and architecture will of the shopping center will be significantly improved, and will enhance and benefit the surrounding community and general vicinity. Them will be improved Resolution 2002-530 Page 3 vehicular and pedestrian circulation, landscape elements, and architectural elements and features shared between the new satellite building and the existing in-line shopping center building. The in-line shopping center building will receive revised facade treatment and wall signage. A more modem and subdued pole sign will be required if desired as a condition of approval. 2. That such plan satisfies the principle for the application of the P modifying district as set forth in Section 19.56.041. Section 19.56.041 sets out four principles, one of which must be applicable to the proposed project before the Precise Plan modifying district may be applied. Based upon the facts presented, Section 19.56.041(C) would apply. This states that the basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. By strict interpretation, additional parking would be required for the outdoor seating area per the Zoning Code, and a 15-ft. landscape buffer along Broadway and Oxford Street would be required as set forth in the Montgomery Specific Plan. In order to provide some flexibility to these requirements, a precise plan as set forth in the Zoning Code is the zoning permit mechanism being utilized to provide the required review and approval by the Planning Commission and City Council. 3. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. The only exceptions to be granted which would deviate from the underlying zoning requirements is the discounting of the outdoor seating against the typical parking requirements, and the reduction in the required landscape buffer along Broadway and Oxford Street from 15-ft. to 10-ft. These deviation are appropriate became a high parking standard is already being utilized for retail floor area (1:200 square-foot ratio) and for restaurants (1:2.5 seat ratio), and the amount of outdoor seating request is not exorbitant as part of a smaller use and could be considered negligible. The impact of allowing for a reduction in the landscape buffer from 15-ft. to 10-ft. is lessened by the fact that it will match with the 10-ft. landscape buffer of the adjacent shopping center (Target), and that there exist significant landscaping within the adjacent right-of-ways, such as palm trees along Broadway, and a 10-ft. planter area along Oxford Street. The landscape planter on the comer is 15-ft. surroundizlg the Pizza Hut. On site, the parking lot will possess landscape aisle ends that will be required as a condition of approval. 4. That approval of this plan will conform to the general plan and the adopted policies of the City. Approval of the Precise Plan-Zoning Permit will be in substantial conformance with the General Plan Land Use Designation of Commercial Retail and the Montgomery Specific Plan Land Use Designation of Mercantile and Office Commercial. The flexibility requested with regards to parking and landscaping can be provided for within the Precise Plan and is allowed for by the Montgomery Specific Plan for developments "characterized by outstanding planning or urban design," as determined by the Design Review Committee, Planning Commission and City Council. F. TERMS OF GRANT OF PERMIT Resolution 2002-530 Page 4 The City Council hereby grants Precise Plan Zoning Permit PCM-02-22 subject to the following conditions whereby the Applicant and/or property owners shall: 1. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the Applicant shall satisfy the following requirements: Planning and Building Department Conditions: a. Provide revised plans and elevations incorporating all conditions of approval. The revised plans and elevations shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permit. b. Provide planting and irrigation plans incorporating all conditions of approval. The planting and irrigation shall be revised in conformance with the revised conceptual landscape plan, subject to review and approval by the City Landscape Architect prior to issuance of building permit. c. A water management plan shall be prepared and submitted with the conceptual landscape plan for review and approval by the Landscape Planner prior to issuance of building permit. d. Obtain sign re-face permits for all existing signage to be retained that has been installed without benefit of sign permits, including the existing Big! Lots pole sign, the Wells Fargo ATM kiosk, and permanent wall signage for Everything $5. In addition, provide a revised sign program showing the removal of the two existing pole signs on the site and replacing them as follows: 1) The pole sign on Broadway shall be replaced with a new pylon not to exceed 32-V2 ft. in height and matching in style and colors the d6cor of the shopping center, and 2) The pole sign on Oxford Street shall be replaced with a monument sign not to exceed 8 feet in height and also matching the d6cor of the shopping center. The comprehensive signage program shall be revised to include a note to the effect that wall signs for each potential future tenant shall be limited to 70% of the linear frontage of their space. e. Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided that includes details showing that the existing and any proposed lighting shall be shielded to remove any glare from adjacent properties, and shall be reviewed and approved to the satisfaction of the Planning and Building Director. f. A graffiti resistant treaimeni shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. g. All building permit plans shall be reviewed for conformance with this Precise Plan Zoning Permit. Building Plans shall comply with 2001 Building, Mechanical, Plumbing, and National Electrical Code article 500. Building shall comply with handicapped accessibility requirements and 2001 Title 24 energy Resolution 2002-530 Page 5 requirements. Openings are required to be fire protected if less than 10-ft. from a property line. One hour rated wails are required when less than 20-ft. from a property line. Resource Recycling and Conservation Coordinator Conditions: h. Commercial properties shall have trash enclosures, bins, or carls that meet the design specifications of the City Conservation Coordinator. The locations and orientation of storage bins and dumpsters must be pre-approved by the City franchise trash hauling company. Provide sufficient space for designated recyclables. The applicant shall contact the City Conservation Coordinator at 691-5122. Fire Depadment Conditions: i. Obtain the necessary permits from the Fire Depamnent. Provide the address on the satellite building visible from Broadway. Provide a minimum rated fire extinguisher (2A-10BC) per 75-ft. of travel distance. A fire hydrant may be required as part of the building permit review requirements. If a fire sprinkler system is desired, the plans must be provided prior to issuance of building permit. Public Works Depashnent Conditions: j. All requirements of the Public Works Department shall be met prior to issuance of building permits. Applicant shail pay ail Engineering Division fees including but not limited to sewer capacity and connections, development impact for public facilities, and traffic signal fees prior to issuance of building permits. k. The proposed freestanding pylon or monument signs shail require review and approval by traffic engineering to ensure that sight visibility entering and exiting the property is maintained. The location of signs shail be reviewed prior to issuance of building permits. 1. The satellite building and reconfiguration of the parking lot and landscape islands shall be designed such that drainage flows away from the satellite building and away from neighboring structures. The drainage patterns shail be reviewed prior to issuance of building permits. m. A geotechnical investigation/soils study will be required aiong with the improvemem plans to provide information addressing the erosion potential of the site as well as foundation recommendations prior to issuance of building permits. n. The parking lot design shail be for two-way traffic flow. Show the typical dimensions for aisle width, stall to curb, stall width, and parking stall angle. Appropriate markings and signage shall be added to direct traffic flow at each aisle. The design shall incorporate ADA requirements for parking and accessibility. The parking plan shall be reviewed prior to issuance of building permits. o. According to the NPDES Permit, Order No. 2001-01, the project is a priority development project, and it is required to comply with the Standard Resolution 2002-530 Page 6 Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria of the Permit. In addition, the project is required to implement Best Management Practices (BMPs) to prevent pollution of the storm drainage systems, both during and after construction. Adjacent storm drain inlets shall be protected at all times during construction of the new building and improvements. A drainage study will be required along with the improvement plans and include information addressing the measures that will be implemented to reduce storm water runoff to pre- development flow rates at the outlet of the site. The drainage study shall be provided for review prior to issuance of building permits. p. Identify and clearly label the existing sewer and the proposed sewer lines that will serve the project, and show the connection to the existing sewer line on the required improvement plans to be provided for review prior to issuance of building permits. Police Department Conditions: q. The security lighting fixtures shall use low wattage bulbs. The lighting for the signage and interior nightlights shall be independently wired so that they can be independently used. This will aid in complying with the Governor's Executive Order D-19-01. r. Obtain a security survey from the Crime Prevention Unit of the Police Department for specific recommendations on access control, surveillance detection, and police response. In addition, training of management and employees in security procedures and crime prevention shall coincide with the commencement of operations. The Crime Prevention Unit should be contacted at 691-5127 for more information. Other Conditions: s. Applicant shall contact the Chula Vista Fire Department about required fire flow requirements and submit a letter to the Sweetwater Authority stating the requirements. The Authority will determine if there is a need for new or substantial alteration to the existing water systems, as well as the availability of water for operational and fire protection purposes. t. Applicant shall pay all required fees of the Sweetwater Union High School District and the Chula Vista Elementary School District prior to issuance of building permit. 2. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: a. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, Title 19, and the Montgomery Specific Plan. Resolution 2002-530 Page 7 b. Prior to any use of the project site and/or business activity being commenced thereon, all Conditions of Approvai shall be completed to the satisfaction of the Planning Dire, ctor. c. All landscape and hardscape improvements shall be instailed in accordance with the approved landscape plan and the comments of the City Landscape Planner. d. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. e. All roof appurtenances, includ'mg air conditioners and other roof mourned equipment and/or projections, shail be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Director. Such screening shail be architecturaily integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. f. The freestanding pole signs on Oxford Street and Broadway shall be removed. However, if the pole sign on Broadway is not removed, the applicant shail post a bond or cash deposit with the Planning Director sufficiem to cover the cost of removal of said pole sign no later than three years from the date of this approval. g. A fire flow of 2,500 gallons per minute for duration of two (2) hours must be provided. The back flow preventor shall be screened from view, and the Fire Deptah~ent connection shall not be located with the back flow preventor. h. Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Depathnent for specific recommendations on access control, surveillance detection, and police response prior to issuance of certificate of occupancy. i. The Precise Plan approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 3. The following on-going condition shall apply to the subject property as long as it relies upon this approval. a. Approval of this request shail not waive compliance with ail sections of Title 19 of the Municipai Code, and all other applicable City Ordinances in effect at the time of building permit issuance. The shopping center tenants shail be required to obtain temporary sign and speciai event permits for all existing or proposed banners, flags or pennant arrangements. In addition, the shopping center owner and ail tenants shall immediately cease and heretofore are prohibited from parking the moving billboard tracks and utilizing inflatable whirligigs or dirigibles that have been used as advertisements in the parking lot areas. Any Resolution 2002-530 Page 8 violations of this condition shall be refe~ed to Code Enforcement andmaybe grounds forrevocation ofthe Precise Plan Zoning Permit. b. Buildings and Landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. c. The non-conforming 50-ft. pole sign on Broadway shall be removed within three years of the date of the approval of this Precise Plan Zoning Permit. d. This Precise Plan permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pemfit to advance a legitimate governmental interest related to health, safety or welfare which the 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 substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. e. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, 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 attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this precise plan, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this precise plan where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this precise plan 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 property owner and the applicant shall execute this document by signing the lines provided below, said execution indicat'mg that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, 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 of this recorded document shall be returned within ten days of recordation to the City Clerk. Failure to return said document to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk'§ office. Sign re'of Prope~ . _ Date ~-~Signatdre ~Representative Date NOTICE OF EXEMPTION Resolution 2002-530 Page 9 The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and ~e the same with the County Clerk. I. 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, 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. Resolution 2002-530 Page 10 Presented by Approved as to form by Building Director City-Attorney (~ 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, McCarm and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATYEST: 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. 2002-530 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