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HomeMy WebLinkAboutReso 2003-124Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 DOD 2003-0§91648 MAY 20, 2003 4:15 PM OFFI~IflL REglRI~ ~ DIEB] ~ E-[IO~'R'8 [IFFI[;E G~3DR~ J. l~Ilt~, ~ IE[;B~IJER 0.00 This space for Recorder'$ use only RESOLUTION NO. 2003-124 Document Title RESOLUTION NO. 2003-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION (IS-02-05) AND APPROVING PRECISE PLAN PCM-02-05 TO ALLOW FOR THE REDEVELOPMENT OF AN EXISTING SHOPPING CENTER LOCATED AT THE INTERSECTION OF FOURTH AVENUE AND C STREET IN A CENTRAL COMMERCIAL DESIGN (C-C-D) ZONING DISTRICT A. RECITALS 1. Project Site WHEREAS, the parcel that 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 the intersection of Fourth Avenue and the Third Avenue extension (Project Site); and 2. Project Applicant WHEREAS, on August 8, 2001, a duly verified application for a Precise Plan (PCM-02-05) was filed with the City of Chula Vista Planning Division by Charles Miller, M.D., LLC (Applicant); and 3. Project Description; an application for a Precise Plan WHEREAS, the project will involve (1) demolition of four existing buildings totaling 18,300 square feet of retail space and a restaurant; (2) a new Sav-on drug store; (3) a new retail building that includes a drive-thm Starbucks store; (4) a Kiosk; (5) new landscaping and paving; and (6) grading. The exiting 5,000 square foot building and the La Fuente drive-thru restaurant will be remodeled; and 4. Environmental Determination WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has prepared a Mitigated Negative Declaration that was adopted by the Resource Conservation Commission (RCC) on December 2, 2002; and 5. Planning Commission Record on Application WHEREAS, the Planning Commission hearing was scheduled and advertised for February 19, 2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, and was continued to March 12, 2003, at which time the Planning Commission voted 6-0 recommending that the City Council adopt the Mitigated Negative Declaration and approve the project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCM-02-05; and 6. City Council Record of Application Resolution 2003-124 Page 2 WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on March 25, 2003, to receive the recommendation of the Planning Commission, and to bear public testimony with regard to 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 hearing on this project held on February 19, 2003, and March 12, 2003, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. PRECISE PLAN FINDINGS 1. 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 existing site will be redeveloped resulting in an aesthetically enhanced, more harmonious site that will include compatible building designs; style and scale, newly striped pavement and landscaping. According to the Chula Vista General Plan, Fourth Avenue is a gateway into the City's urban core from Highway 54. The Project's Site design and elements, and building and landscape architecture will improve the gateway entry by providing adequate building placement, harmonious building colors and materials, and adequate landscaping. Additionally, the off-site improvements will improve the circulation and aesthetics along Fourth and Third Avenue. Noise impacts to the residences located to the south of the site on a hill will be mitigated to a less than significant level by restricting delivery hours for the Sav-on store. 2. That such plan satisfies the principle for application of the P modifying district as set forth in CVMC 19.56.041. Section 19.56.041(A) states that the property is unique by virtue of topography, geological characteristics, configuration, access, traffic circulation or some social or historic situation requiring special handling of the development on a precise plan basis. The Project Site has an irregular shape, which limits the applicant's ability to meet all of the development standards of the C-C zone. The Precise Plan enables the applicant to redevelop the site with a functional shopping center, and to be in substantial conformance with the development standards. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Developmem of the site within the regulations of the developmem standards for the parcel is limited by site's constraints relative to its shape, available access points and existing uses. As a result, the project has been designed with certain building Resolution 2003-124 Page 3 encroachments into the exterior setbacks, and a reduction in the number of required parking spaces through a shared parking design. These deviations are warranted given the constraints to the site and the need to upgrade the site to meet other standards of the Chula Vista Municipal Code (CVMC). 4. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The project has been evaluated in accordance with the General Plan and the goals and objectives of Chapter 1 of the General Plan relative to development at designated gateway entries into the City's urban core. The Project Site has a commercial land use designation and will be redeveloped resulting in the same use. The Precise Plan as described, will allow the project to be consistent with the goals and objectives of the General Plan. D. TERMS OF GRANT OF PERMIT The City Council hereby grants Precise Plan PCM-02-05 subject to the following conditions: Planning and Building Department 1. The Applicant shall install temporary erosion control devices including desilting basins, berms, hay bales, silt fences, dikes and shoring during construction activities. 2. The Applicant shall obtain verification from the City Civil Engineer that the final grading and improvement plans comply with the California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 and will implement Best Management Practices (BMP's). 3. The building plans shall show the location of the shopping cart area and identify how the area will be screened to the satisfaction of the Director of Planning and Building. 4. The Applicant shall submit the design and colors for the Kiosk prior to the issuance of any building permits to the Planning and Building Depa,hnent for review and approval. 5. The Applicant shall comply with all requirements of the Building Division including the following codes for 2001: California Building Code California Plumbing Code California Mechanical Code California Electrical Code Energy Code 6. The Applicant shall submit a detailed landscape plan for approval by the City's Landscape Planner that will satisfy the following requirements: Plant 24-inch box evergreen tree species such as Canary Island Pine to provide visual screening for the residents south of the Project Site, and provide new planters along the eastern edge of the site. Resolution 2003-124 Page 4 Provide additional "layering" of the selected screening shrubs along Fourth Avenue and the Third Avenue extension. Incorporate walls, ground contouring or berming in combination with plantings be used. The Koelreuteria or Chinese Flame tree shall be used as the street tree in the design. Provide a hedgerow planting along the length of both drive-thru aisles. Provide a Water Management Plan per requirements of the City Landscape Manual during building permit submittal. 7. The Applicant shall apply for and obtain approval of a planned sign program from the Director of Planning and Building prior to the issuance of any grading or building permits. Said sign program may include a freestanding sign no higher than 25 feet. Engineering Department 8. The Applicant shall install a raised median along the Third Avenue extension to the satisfaction of the City Engineer. 9. The Applicant shall submit the following prepared by a registered Civil Engineer in accordance with the City's Subdivision Manual: Improvement Plans Traffic Signal Plans Striping Plans Traffic Control Plans Grading Plans These plans shall be submitted to the Engineering Department for review and approval prior to the issuance of any building or grading permits. 10. The Applicant shall submit Right-of-Way dedication documents prepared by a registered Civil Engineer or a licensed land surveyor to the Engineering Department prior to the issuance of building permits. 11. The Applicant shall relocate the traffic signal located at the southeast comer of Fourth and the Third Avenue extension, and any stmeflights and utility poles as necessary for street widening improvements. 12. The Applicant shall pay the applicable Sewer Capacity and Traffic Signal fees upon the submittal of final building plans. 13. Demolition Plans or any other documentation showing existing buildings shall be submitted to the Engineering Department to determine the existing fixture credits for the sewer capacity fee. 14. The Applicant shall enter into a reimbursement agreement with the City for costs associated with the relocation of the traffic signal and storm drain related improvements within Fourth Avenue if requested by the City Engineer. Resolution 2003-124 Page 5 15. The Applicant shall obtain a grading permit in accordance with the Subdivision Manual and Grading Ordinance prior to the issuance of any building permits. 16. The Applicant shall be required to complete the applicable forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 17. The Applicant shall implemem Best Management Practices (BMP's) to prevent the pollution of storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non-structural BMP's requirements that cannot be shown graphically must be either noted or stapled on the plans. 18. The City of Chula Vista requires that all new development and significant redevelopmem projects comply with the requirements of the NEPDS Municipal Permit, Order No. 2001-01. According to said permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 19. Development of the project shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollution Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the Applicant shall file a Notice of Intent (NOI) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges associated with construction activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. 20. The Applicant shall identify storm water pollutants that are potentially generated at the facility, and purpose Best Management Practices (BMP's) that will be implemented to prevent such pollutants from entering the storm drainage systems. 21. The Applicant shall provide a water quality study that demonstrates compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading improvement plans in accordance with the City's Manual. Fire Depa~ta~ent 22. Fire Depa~hiient valves and connections shall be located in the front of the Sav-on building. 23. The Fire Department connection shall be separate from the back-flow device. 24. The Applicant shall provide a minimum rated fire extinguisher (2A-10BC) per 75 feet of travel distance. 25. One fire hydrant shall be provided for a water flow of !,500 gallons per minute. Resolmion 2003-124 Page 6 26. Fire Department access ways through the site shall be 20' wide with a 13' 6" unobstructed vertical clearance. 27. Access roads shall meet the Chula Vista Fire Department mining radius requirement. The Applicant shall contact the Fire Prevention Bureau for the appropriate turning radius dimensions, and subsequently obtain dimension verification by the City of Chula Vista Fire Department. The verified turning radiuses shall be identified on the building plans. Sweetwater Authority 28. The Applicant/owner shall enter into an agreement with the Sweetwater Authority for water facility improvements. STANDARD CONDITIONS 29. No truck deliveries shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. during weekdays, and between 10:00 p.m. and 8:00 a.m. during weekends. 30. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. 31. This permit shall 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. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 32. Any deviation from the above noted conditions of approval shall require approval from the City Council. 33. The Applicant shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of the 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, and (c) Applicant's installation and operation of a facility permitted hereby, including, without limitation, ant and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 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. 34. The site shall be developed and maintained in accordance with the final approved plans which will include revised site plans, architectural elevations, exterior materials and color board, and landscape plans on file in the Planning Division, the conditions contained herein, and the Chula Vista General Plan. Resolution 2003-124 Page 7 35. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City ordinances in effect at the time of building permit issuance. 36. This Precise Plan permit shall be subject to any and ail new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the pennittee 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 the permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 37. The Applicant/owner shall be responsible for the building and landscaping maintenance in accordance with the approved project and landscape plans unless the Director of Planning and Building approves modifications. E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shail 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 docuraent 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 City Clerk and Planning Depa~hnent. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/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. Sighlat~c &rl~ ~qb6f'Pr°perty'O'~J""~(/~ k~/Signature glVRepresentative for Zieb~ ~sociates Date/ Date F. INVALIDITY; AUTOMATIC REVOCATION It is the imention of the City Council that its adoption of this resolution is dependem 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 invaiid, illegai or unenforceable, this resolution and the permit shail be deemed to be automatically revoked and of no further force and effect ab initio. This resolution of approval is hereby passed and approved by the City Council of the City of Chula Vista, California this 25 day of March 2003. Resolution 2003-124 Page 8 Presented by Approved as to form by Robert A. Leiter Planning and Building Director Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of March, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: AT'rEST: Councilmembers: None ~P-~l~a, Mayor Susan Bigelow, City Clerlr' 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. 2003-124 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of March, 2003. Executed this 25th day of March, 2003. Susan Bigelow, City Clerk o CHULA LOCATOR VISTA PLANNING AND BUILDING DEPARTMENT ~ROJECT M D ~PUCANT: . . CHULA VISTA, LLC NORTH h:~°me\planning~cados\localors~lS02005.cdr 8/15/01 PROJECT SEC o[ Fourth Ave. ADDRESS: and "C" Street S~L~ I ~ke No Scale ~ IS-02-005 PROJECT DESCRIPTION: Proposal for new 15,176 square feet Sav-on drugs and 1,189 square feet additional retail to remaining 8,700 square feet retail. Related Case: PCM-02-05