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HomeMy WebLinkAbout2019-05-08 Item 2 Attachment 3 RESOLUTION NO. PCC-16-0030 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT CUP16-0030 FOR A TEMPORARY RECREATIONAL VEHICLE AND BOAT STORAGE FACILITY LOCATED ON A 6.5-ACRE SITE AT 1228 EASTLAKE PARKWAY WITHIN THE EASTLAKE II SECTIONAL PLANNING AREA (OS3 ZONE) WHEREAS, on July 28, 2018, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Frank Orhmund (Applicant); and WHEREAS, the application requests approval of a Conditional Use Permit to allow the use of a Recreational Vehicle (RV) and Boat Storage facility (Project); and WHEREAS, the area of land, which is the subject of this Resolution, is an existing 6.5- acre site at 1228 Eastlake Parkway (Project Site) owned by UTR, LLC (Property Owner); and WHEREAS, the Development Services Director reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines because the Project consists of the installation of minor improvements for outdoor storage. Therefore, 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; and WHEREAS, after considering all reports, evidence and testimony presented at the public hearing with respect to the Project, the Planning Commission took action on the Project. NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Chula Vista hereby finds that, in the exercise of its independent judgment, as set forth in the record of this proceeding, it has reviewed the proposed project for compliance with CEQA and finds that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines because the Page 2 May 8, 2019 Project consists of the installation of minor improvements for outdoor storage and that no further environmental review is required. BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: 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. Approval of the Project will allow the Applicant to provide a storage facility for RVs and boats used by residents within the surrounding neighborhoods. According to the Covenants, Conditions & Restrictions (CC&Rs) of the Eastlake Planned Community, neither RVs, nor boats can be parked along the street or within the driveway of the residences. The proposed storage facility will serve a demand for residents of the Eastlake and surrounding communities who need a location to store their RVs and boats. 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 project site is located off Eastlake Parkway and has a frontage width of 220-feet with an existing 65-foot San Diego County Water Authority easement and San Diego Gas & Electric (SDG&E) easement of 120-feet spanning from the east to west side of the property. The two easements stretch from the north side of the parcel to the toe of slope on the southern end adjacent to the residences. The proposed project will use part of the easement for ingress and egress as well as for emergency vehicle turn around. The RV Storage will be located on the southern SDG&E easement where it will be graded with permeable concrete for stored vehicles and a more durable concrete for emergency vehicle access. The storage facility will be completely enclosed and screened from public view by fencing and landscaping. The high school on the north side will not be visually impacted due to an uphill slope, and the residential side on the south will be screened by existing landscaping and a 6 foot high fence. Although the storage facility will not be completely screened, its visibility from the adjacent properties will be minimal. In addition, the site will include lighting (which will be shielded from adjacent properties) and security cameras and other improvements described herein. Further, this is considered an interim use until such time as a more economically viable and appropriate use can be developed on the site. As such, the Project 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. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed storage facility has been reviewed and conditioned in light of the provisions contained in Section 19.58.400 of the CVMC. The Project will be approved for an initial period of five years, and annual review reports must be provided to the Zoning Page 3 May 8, 2019 Administrator. Said reports will describe the current status of the area, including that of the immediately adjacent parcels to the north and south. 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. This Conditional Use Permit is in compliance with the General Plan and CVMC. Section 19.54.020 lists recreational vehicle storage yards as an Unclassified Use and subject to the granting of a CUP by the Planning Commission. Section 19.58.400 further defines factors that must be considered in determining the appropriateness of the use at the proposed location and describes the time period for the granting of said permit. BE IT FURTHER RESOLVED, that the Planning Commission, based on the findings above, hereby approves the Conditional Use Permit, CUP16-0030, subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Development Services Director, or designee, prior to issuance of a Building Permit, unless otherwise specified: Planning Division 1. Storage shall be limited to the following: motorhomes, trailers, boats on trailers and operable vehicles. 2. A height limit shall be limited to 13.5-feet and shall apply to all items stored on the premises as conditioned by SDG&E. 3. All project lighting shall be shielded and oriented so as not to cause glare to adjoining properties or the public right-of-way. Prior to Site Plan approval, a Final Lighting Plan shall be submitted for review and approval. The Lighting Plan shall indicate that no off-site spill of lighting from the site occurs. 4. This Conditional Use Permit shall expire five years from the date of final approval after any appeal period has expired. Any requests for a time extension shall be subject to review by the Planning Commission. 5. Approval of this Conditional Use Permit shall not waive compliance with any Sections of Title 19 (Zoning) of the Municipal Code nor any other applicable City ordinances in effect at the time of Building Permit issuance. 6. This Conditional Use Permit authorizes only the use specified in the application for CUP16-0030. Any new use, modification or expansion of the use, or activities not authorized under this permit, shall be subject to the review and approval of the Zoning Administrator or Planning Commission in accordance with applicable Sections of the CVMC. Page 4 May 8, 2019 7. This Conditional Use Permit shall become void if not used or extended within three years of the effective date thereof in accordance with Section 19.14.260 of the CVMC. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the Planning Commission for additional conditions or revocation. 8. The Applicant shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) Conditional Use Permit (including all environmental review) and action, whether discretionary or non-discretionary, in connection with the use contemplated herein. The Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Conditional Use Permit and shall be binding on any and all of Applicant and assigns. 9. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this Conditional Use Permit. 10. 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 from their violation. Applicant or successor in interest gains no vested rights by the 11. Applicant shall develop and maintain the Project Site in accordance with the approved Site Plan on file in the Planning Division, the conditions contained herein, and Title 19. 12. Applicant shall pay all applicable fees, including any unpaid balances of permit processing. 13. Prior to placement of any signage on site, the Applicant shall be required to obtain required approval by the City. 14. The Applicant shall submit a Security Plan for review and approval by the Police Department. Page 5 May 8, 2019 Building Division 15. Prior to occupancy the Applicant shall apply for a Building Permit showing that the site will be improved as shown on plans approved under CUP16-0030. 16. The Applicant shall provide a note on the cover sheet of Building Plans indicating that this Project will comply with 2016 California Building Code, 2016 California Energy Code, 2016 California Fire Code, 2016 California Electrical Code, 2016 California Plumbing Code, 2016 California Mechanical Code, and 2016 California Green Standards Code as adopted and amended by the State of California and the City of Chula Vista. Fire Prevention Division 17. The Applicant shall apply for a Grading Permit with the City of Chula Vista Land Development Section to permit the road and associated site improvements. 18. The Applicant shall apply for a Fire Permit to permit the design and installation of the underground fire service wet utility (private hydrant lateral). Landscape Architecture Division 19. All comments and corrections for Landscape Plans shall be completed prior to any Building Permit issuance. Land Development Division 20. All comments and corrections for the Storm Water Quality Management Plan (SWQMP) shall be revised and completed prior to and Building Permit issuance. 21. The Applicant shall pay the corresponding Engineering Fees in accordance to the 22. The Applicant shall acknowledge that all on-site utilities shall be private. 23. Furthermore, landscaping, street furniture and/or signs shall not obstruct the visibility of drivers at the driveways. 24. Prior to beginning any earthwork activities at the site and before issuance of Building Permits, Applicant shall obtain a Land Development Permit (Grading Permit). 25. The Project shall comply with the City of Chula Vista Storm Water Ordinance(Chula Vista Municipal Code CVMC Chapter 14.20 Storm Water Management and Discharge Control) and follow the recommendations of the City of Chula Vista Best Management Practice (BMP) Design Manual and the corresponding Appendices. Page 6 May 8, 2019 26. Prior to the approval of the Grading Plans, the Applicant shall execute a Storm Water Facilities Maintenance Agreement with Grant of Access and Covenants with the City for the proposed BMPs for the site. 27. The Applicant shall obtain a Construction Permit to perform any work within the -of-way. 28. The Applicant is responsible for the replacement of any broken or damaged curb, gutter, and sidewalk, and noncompliant driveways along the frontage of the Project Site. Required improvements shall be constructed following the requirements of the Chula Vista Design and Construction Standard Drawings, all to the satisfaction of the City Engineer. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 29. The facility will operate seven days a week from 6 a.m. to 10 p.m. 30. The Applicant shall submit, on an annual basis, a review report to the Zoning Administrator outlining the current status of the interim use in light of existing and proposed surrounding development. 31. The conditions of approval for the Conditional Use Permit shall be applied to the subject property until such time approval is modified or revoked, and the existence of the approval with conditions shall be recorded with the title of the property. Prior to the issuance of the Building Permits for the proposed project, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. III. 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 indicating 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 filed with the City Clerk within ten days of recordation. Failure to record and/or file shall indicate the p Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. _______________________________ __________________________ Signature of Property Owner Date ________________________________ __________________________ Signature of Representative Date Page 7 May 8, 2019 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 Government Code Section 66020(a) and failure to follow timely 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 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. 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. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. VI. 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, 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. BE IT FURTHER RESOLVED, that the Planning Commission hereby adopts this resolution approving Conditional Use Permit, CUP16-0030, in accordance with the findings and subject to the conditions contained herein. Page 8 May 8, 2019 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this _____ day of ___________, 2019, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Gabe Gutierrez, Chair ATTEST: ____________________________ Patricia Salvacion, Secretary Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton Glen R. Googins Development Services Director City Attorney