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HomeMy WebLinkAboutReso 2019-016 RESOLUTION NO. 2019-016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE APPEAL BY ROD BISHART AND OVERTURNING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW PERMIT DR15-0037 AND CONDITIONAL USE PERMIT CUP15-0023 TO CONSTRUCT A 2,380 SQUARE-FOOT AUTOMATED CARWASH BUILDING WITH VACUUM STATIONS ON A 0.55 ACRE SITE LOCATED AT 495 TELEGRAPH CANYON ROAD, SUBJECT TO THE CONDITIONS CONTAINED IN THE RESOLUTION WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit “A,” attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 0.55 acres located at 495 Telegraph Canyon Road, as identified in County Assessor Records as Assessor’s Parcel Numbers 639-080-68-00 (Project Site); and WHEREAS, on December 15, 2015, duly verified applications requesting approval of Design Review Application DR15-0037 and Conditional Use Permit Application CUP15-0023, were filed with the City of Chula Vista Development Services Department by Gene Cipparone Architect, Inc., (Applicant); and WHEREAS, said Applicant requests approval of Design Review Permit DR17-0037 and Conditional Use Permit CUP15-0023, to construct a 2,380 square-foot automated carwash building with vacuum stations with associated parking and landscaping (Project) on the Project Site; and WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project 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 Project Site, at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on January 10, 2018 in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs’ presentation; and WHEREAS, the Planning Commission on said date reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project qualifies for a Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines; and WHEREAS, on January 18, 2018, Rod Bishart filed an appeal of the Planning Commission’s Decision to approve Design Review Permit DR17-0015 and Conditional Use Permit CUP15-0023 (the “Appeal”); and DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 Resolution No. 2019-016 Page No. 2 WHEREAS, the City Clerk set the time and place for the public hearing on the Appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least 10 days prior to the hearing; and WHEREAS, the Chula Vista City Council held a duly noticed public hearing to consider said Appeal at the time and place as advertised, namely November 27, 2018 at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue and upon unanimous vote of the City Council continued the same until January 22, 2019; and WHEREAS, the Chula Vista City Council held the continued public hearing to consider said Appeal at the time and place as advertised, namely January 22, 2019 at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code (CVMC) Sections 19.14.588.B and 19.14.130, the Appeal that is the subject of this Resolution is hereby accepted and the decision of the Planning Commission to adopt the Addendum and approve the Project is hereby overturned, with findings as follows: I. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby reject certain findings made by the Planning Commission contained in Design Review Permit Resolution DR15-0037 and Conditional Use Permit Resolution CUP15-0023 for the Project and makes the following findings of their own: CONDITIONAL USE PERMIT FINDINGS FOR DENIAL 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. As proposed, the proposed use at this location is not desirable and will have an adverse impact on the general well being of the neighborhood and the community because the site is located along a major arterial roadway with high average daily trips, as such, providing an automated carwash facility will add to the congestion of the area and surrounding roadways. DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 Resolution No. 2019-016 Page No. 3 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. As proposed the Applicant’s carwash will result in negative impacts to health, safety or general welfare. According to the Appellant’s noise study, which the City Council finds credible with inadequate evidence in the record to contradict or to suggest impacts would be diminimis, the proposed use would not comply with the City of Chula Vista’s Municipal Code Performance Standards and Noise Control ordinance, and therefore, could cause noise related impacts to adjacent properties or be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. According to the Appellant’s traffic analysis and supporting photographic evidence, which the City Council finds credible, with inadequate evidence in the record to contradict or to suggest impacts would be diminimis, the proposed car wash would cause traffic and circulation related impacts to adjacent properties, including the Caltrans right of way for Interstate 805, that could be detrimental to the health, safety or general welfare of persons residing or working 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 for the operation of a carwash, subject to issuance of a Conditional Use Permit. However, based upon the Applicant’s noise study, which the City Council finds credible, with inadequate evidence in the record to contradict or to suggest impacts would be diminimis, the proposed use would not comply with the City of Chula Vista’s Municipal Code Performance Standards and Noise Control ordinance, and therefore, could cause noise related impacts to adjacent properties. City Council finds that the carwash will therefore not comply with required development and operating regulations contained in the Chula Vista 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. However, based upon the noise and traffic impacts to adjacent properties, including the Caltrans right of way for Interstate 805, City Council finds that said impacts are detrimental to the health, safety or general welfare of persons residing or working in the vicinity. General Plan transportation policies call for creating a safe, healthy, and vibrant community as well as a sustainable transportation circulation system that is integral to a healthy and connected community with streets that provide safe, convenient, and comfortable travel and access. General Plan policies also speak to promotion of both physical and environmental health and protection of persons and property from environmental hazards and noise. Sensitive receptors may be adversely impacted by incompatible land uses as a result of air pollutant emissions, exposure to hazardous materials and related accident risks, and excessive noise. City Council thereby finds that the operation of a carwash use at the subject location is inconsistent with the stated policies of the General Plan. DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 Resolution No. 2019-016 Page No. 4 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Appeal that is the subject of this Resolution is hereby ACCEPTED and that the determination of the Planning Commission is hereby OVERTURNED and that Planning Commission Resolutions DR17-0037 and CUP15-0023 dated January 10, 2018, attached hereto (Exhibit “B”) have no further force and affect. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 Resolution No. 2019-016 Page No. 5 Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of January 2019 by the following vote: AYES: Councilmembers: Diaz, Galvez, Padilla, and Casillas Salas NAYS: Councilmembers: McCann ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2019-016 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of January 2019. Executed this 22nd day of January 2019. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0 DocuSign Envelope ID: E5C44DCF-2FA7-4379-9196-A3EDFD394BD0