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HomeMy WebLinkAboutItem 2 - Attachment 4 - Resolution CUP RESOLUTION NO. CUP18-0032 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING MASTER CONDITIONAL USE PERMIT CUP18-0032 TO ALLOW COMMERCIAL TYPE USES WITHIN THE BC-4 ZONE ON PROPERTY LOCATED AT 2430 FENTON STREET WHEREAS, on June 15, 2018, a duly verified application for a Master Conditional Use Permit (“CUP” or “Conditional Use Permit”) was filed with the City of Chula Vista Development Services Department by Eastlake Park Place, Inc (Applicant); and WHEREAS, the application requests approval of a Master Conditional Use Permit to allow certain specified conditionally permitted uses on site (Project); and WHEREAS, the area of land, which is the subject of this Resolution, is an existing site consisting of one parcel (APN 595-711-20) located on the south side of Fenton Street, between Lane Avenue and Otay Lakes Road (Project Site); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the proposed Project was adequately covered by existing Mitigated Negative Declaration (IS-00-03) and Mitigation Monitoring and Reporting Program adopted by the Chula Vista City Council on October 28, 1999. No further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review 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, a detailed parking study was conducted by Linscott, Law and Greenspan (LLG) to verify the proposed conditionally permitted uses would be provided with sufficient parking on the project site; 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, the Planning Commission having received certain evidence at the subject hearing, as set forth in the record of its proceedings therein, reviewed the Conditional Use Permit (CUP18-0032); NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby find and determine as follows: PC Resolution CUP 18-0032 Page 2 I. ENVIRONMENTAL REVIEW That the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed Project was adequately covered by existing Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS00-03, adopted by the Chula Vista City Council on October 28, 1999, and therefore, 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: II. CONDITIONAL USE PERMIT 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. The proposed commercial uses are desirable at this location in that they will increase the variety of uses available to residents within the surrounding Eastlake Community. The uses will contribute to the general well-being of the community by providing the convenience of a variety of uses within proximity to both residents and visitors of the area, which may enhance the value of existing housing and generate less vehicular trips. 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 orientation and placement of the buildings will provide visual buffering from all sides, including from Otay Lakes Road to the south. A parking study and shared parking analysis have been provided to ensure there is adequate parking available during all hours of operation. The Project has been conditioned to ensure that any significant changes to proposed uses or hours of operation will require additional parking analysis to be performed prior to permitting for any additional tenant improvement permits. The proposed use will not be detrimental to the health, safety or general welfare of the residents or to property or improvements in the area. The characteristics of the proposed use, and its operation will not have detrimental effects since the Project is located within a Business Park zone and is surrounded by other commercial and industrial uses to the north, west and east of the property. The use will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The granting of this Conditional Use Permit is conditioned to require the Applicant and Property Owner to fulfill its conditions of approval and to comply with all applicable PC Resolution CUP 18-0032 Page 3 regulations and standards specified in the Municipal Code, and the California Building, Fire and other applicable codes, for such use. These conditions will be enforced through building plan review, inspections prior to occupancy of the use and subsequent operation of the business. Furthermore, the conditions of this permit are approximately in proportion to the nature and extent of the impact created by the project in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the Project. The Project will comply with all regulations and conditions specified in the Eastlake Business Center II SPA, Design Standards outlined in the Eastlake Business Center II Design Guidelines and Zoning Code for uses established under CUP18-0032. 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. This Conditional Use Permit is in compliance with the General Plan and Chula Vista Municipal Code (CVMC). Section 1: General Provisions of the Eastlake II Planned Community District Regulations lists the proposed uses covered under this Master Conditional Use Permit as conditionally permitted uses subject to the granting of a CUP by the Planning Commission and does not adversely affect any adopted plans of any government agencies, as this Project is within the jurisdiction of the City of Chula Vista. BE IT FURTHER RESOLVED, that the Planning Commission, based on the findings above, hereby approves the Conditional Use Permit, CUP18-0032, subject to the following conditions: III. CONDITIONS OF APPROVAL 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. 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. 2. 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. 3. This Conditional Use Permit authorizes only the uses specified in the application for CUP18-0032. 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 which may be withheld. PC Resolution CUP 18-0032 Page 4 4. This Conditional Use Permit shall become void if not used or extended within three years of the effective date hereof 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. 5. 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, damages, demands, claims and costs, including court costs and attorney’s fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b) City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein and (c) any environmental determinations for the Project. The Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Applicant’s compliance with this provision is an express condition of this Conditional Use Permit and shall be binding on any and all of Applicant’s successors and assigns. 6. 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. 7. 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 City’s approval of this Conditional Use Permit. 8. 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. 9. Applicant shall pay all applicable fees, including any unpaid balances of permit processing. 10. Prior to placement of any signage on site, the Applicant shall be required to obtain required approval by the City. 11. The Applicant shall submit a Security Plan for review and approval by the Police Department. IV. GENERAL CONDITIONS OF APPROVAL PC Resolution CUP 18-0032 Page 5 The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 12. Conditionally permitted uses allowed by the Master Conditional Use Permit shall be limited to the following uses, location and hours of operation: Building Proposed Land Size (SF) Hours of Operation No. Use 1. Banquet Hall 8,877 Friday and Saturday 5:00pm to 1:00am Sunday 10:00am to 9:00pm 2. Preschool 10,023 Monday thru Friday 7:00 to 3:00 pm 4. Medical Office 7,259 Monday thru Friday 9:00 am-5:00 pm 19,978 Monday thru Friday Commercial 7. Recreation 5:00 am to 10:00 pm Facility Saturday 8:00am to 5:00 pm Recreational Friday thru Sunday Community 5:00 am to 5:00 pm 9. 15,059 Center (Religious Use) 13. Any deviations from the conditionally permitted uses outlined in condition twelve (12) above, or in their building location or hours of operation, as outlined in the “Parking Study for Eastlake Park Place” prepared by Linscott, Law and Greenspan (LLG), dated July 2, 2019, shall necessitate the submittal of a revised parking analysis for review and approval prior to issuance of any additional tenant improvement plans, with said issuance of any additional tenant improvement plans being at the discretion of the Zoning Administrator which may be withheld. 14. The conditions of approval for the Conditional Use Permit shall be applied to the subject property until such time as said 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. V. 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 PC Resolution CUP 18-0032 Page 6 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 property owner’s/Applicant’s desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. ________________________________ _______________________ Signature of Property Owner Date ________________________________ _______________________ Printed Name of Property Owner Date ________________________________ _______________________ Signature of Applicant Date ________________________________ _______________________ Printed Name of Applicant Date VI. 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. VII. 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. PC Resolution CUP 18-0032 Page 7 VIII. 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, CUP18-0032, in accordance with the findings and subject to the conditions contained herein. Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton Glen R. Googins Development Services Director City Attorney PC Resolution CUP 18-0032 Page 8 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