HomeMy WebLinkAboutCUP20-0018RESOLUTION NO, CUP20-0018
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT, CUP20-
0018, TO ALLOW A CONVENIENCE STORE WITH ALCOHOL
SALES, A GAS STATION, AND A-CARWASH ON A 1.2 -ACRE SITE
LOCATED NORTH OF THE LA MEDIA PARKWAY AND MAIN
STREET COUPLET IN CLAY RANCH VILLAGE 8 WEST
WHEREAS, on September 2, 2020, a duly verified application for a Conditional Use Permit for a
Convenience Store, Gas Station and Car Wash (the `Project') was filed with the City of Chula Vista
Development Services Department by Land Solutions, Inc. (the "Applicant'); and
WHEREAS, pursuant to the Village 8 West Sectional Planning Area (SPA) Plan, a Conditional
Use Permit is required for a convenience store selling alcohol, for a gas station, and for a car wash in the
Town Center (TC) zone; and
WHEREAS, the application requests approval of a Conditional Use Permit to allow the use of
convenience store selling alcohol, a gas station and a car wash on a 1.2 -acre site in the Village 8 West Town
Center; and
WHEREAS, the area of land which is the subject of the resolution is a 1.2 -acre vacant parcel located
along the northern edge of the La Media Parkway and Main Street couplet, identified as Assessor Parcel
Number (APN) 644-071-2000 (Project Site); and
WHEREAS, The Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the Project
was adequately covered in previously certified Final Environmental Impact Report (FEIR 10-03) (SCH
#2010062093) for the Otay Ranch Sectional Planning Area SPA Plan - Village 8 West. Thus, no further
environmental review or documentation is required; and
WHEREAS, in accordance with Table 9.1 Summary of Discretionary Review, the Zoning
Administrator has reviewed the Project and recommends approval by the Planning Commission; and
WHEREAS, the hearing was held at the time and place as advertised, before the Planning
Commission, and the bearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the City of Chula Vista Planning Commission, that
it hereby makes the following findings:
1. That the proposed use at this location is necessary or desirable to provide a service or
facility that will contribute to the general well-being of the neighborhood or the
community.
The proposed use is desirable in this location because it provides necessary automobile -
oriented services atthe junction of two high-volume roads travelled by the business community
and residents. Locating this use within the community will contribute to the general well-being
of the community by increasing convenience to business and residential users and reducing
vehicle -miles driven for people in need of gasoline, car wash, and other automobile -oriented
services.
Resolution No. CUP20-0018
Page 2
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 proposed use has been reviewed by City staff and appropriate conditions have been
attached to ensure that health, safety, and general welfare are not endangered. Fuel storage
tanks and pumps will comply with all State and Federal laws regulating such facilities for
environmental safety.
The proposed development has been found to be consistent with the requirements of Chula
Vista Municipal Code (CVMC) 19.58.280 for Service Stations, including requirements that it
not cause traffic hazards or undue congestion, that it be located on property abutting the
intersection of major or collector streets (La Media Parkway and Main Street), will not be a
nuisance to residences or other surrounding uses (it is located on a property designated in the
Otay Ranch Village 8 West SPA Plan for commercial services), and landscaped in accordance
with the Master Landscape Plan for Village 8 West.
3. That the proposed use will comply with the regulations and conditions specified in this
code for such use.
The proposed development is regulated by the Otay Ranch Village 8 West SPA and the Village
8 West Town Center Master Precise Plan, both of which designate it as Parcel B of the TC -
Town Center, which allows automobile related uses, including convenience markets with
alcohol sales, gas stations, and car washes, with approval of a Conditional Use Permit. The
proposed uses have been reviewed and determined to comply with all applicable development
regulations of the Village 8 West SPA Plan, the Master Precise Plan, and the Master Landscape
Plan.
4. That the granting of this Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any governmental agency.
The proposed development has been reviewed against the City General Plan, the Otay Ranch
Village 8 West SPA Plan, the Landscape Master Plan, and the Village 8 West Town Center
Master Precise Plan and has been found to be consistent with all applicable regulations and
requirements. The Project implements those plans, which designate the property for Town
Center development, including a wide mixture of uses, such as automobile -related and
supportive accessory uses to serve the neighborhood and community and will not adversely
affect the General Plan of the City of Chula Vista or the adopted plan of any governmental
agency
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby
approves the Conditional Use Permit subject to the following conditions:
I. The following shall be accomplished to the satisfaction of the Director of Development Services,
or designee, prior to issuance of Building Permits, unless otherwise specified:
Resolution No. CUP20-0018
Page 3
Planning Division
1. The Project Site shall be developed and maintained in accordance with the approved plans CUP20-
0018, which include a Site Plan, Civil Plans, Architecture Plans, and Landscape Plans on file in the
Development Services Department, Planning Division, the conditions contained herein, and Chula
Vista Municipal Code (the "Municipal Code" or "CVMC") Title 19,
2. Prior to the issuance of the first Building Permit, the Applicant shall pay all applicable fees,
including any unpaid balances of permit processing fees for deposit account DDA -0739.
3. The colors and materials specified on the Building Plans must be consistent with the colors and
materials shown on the Project plans approved by the Planning Commission.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be
noted for any Building and Wall Plans. Additionally, the Project shall conform to CVMC Section
9.20.055 regarding graffiti control.
5. All roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets. Such screening shall be architecturally integrated with the building design.
6. All ground mounted utility appurtenances such as transformers, air conditioning condensers, etc.,
shall be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, beaming, and/or landscaping.
7. All exterior lighting shall include shielding to remove any glare from the adjacent property. Details
for said lighting shall be included in the Architectural Plans and shall be reviewed and approved
prior to the issuance of the first Building Permit.
8. The Applicant shall obtain approval of a Sign Permit for each sign. Signs shall comply with all
applicable requirements of the Municipal Code or the Applicant shall be required to submit a
Planned Sign Program for Planning Commission review and approval.
9. The Project shall comply with all mitigation measures specified in the Mitigation Monitoring and
Reporting Program for the Final Environmental Impact Report (FEIR 10-03) (SCH #2010062093)
for the Dray Ranch Sectional Planning Area SPA Plan - Village 8 West.
10. Prior to the approval of the first Building Permit, the designated noise consultant shall verify on
the Building Plans that construction of the carwash will incorporate the features and equipment as
specified in the approved Noise Study (prepared by Helix Environmental Planning on May 2021)
or equipment with equivalent or lower noise specifications. This measure shall ensure that no
nuisance noise is generated as a result of the operation of this facility.
11. Prior to final inspection, a final noise inspection will be conducted to verify that all equipment is
consistent with the equipment cited in the noise study prepared by Helix Environmental Planning
on May 2021 or with equipment with equivalent or lower noise specifications.
Resolution No. CUP20-0018
Page 4
12. Hours of operation for the carwash shall be limited to:
a. Weekdays: (7am to lOpm)
b. Weekends: (7am to lOpm)
Land Development Division(Landscape Architecture Division
13. Car washes are considered one of the industries regulated by the Metropolitan Industrial Waste
Program, since they are required to pre -treat their wastes before discharging to the Sewerage
System. These businesses are required to apply for an Industrial Waste Discharge Permit which is
regulated by the City of San Diego, Metropolitan Industrial Wastewater Control Program.
Applications for a permit should be obtained from Metropolitan Industrial Wastewater Control
Program, 9192 Topaz Way, San Diego, CA 92123-1119, Telephone: (858) 654-4100, Fax: (858)
654-4110. Prior to first Building Permit issuance, the Applicant shall provide proof of approved
permit from the City of San Diego, Metropolitan Industrial Wastewater Control Program.
14, The Applicant shall agree to not protest formation or inclusion in a maintenance district or zone for
the maintenance of landscape medians, scenic corridors along streets and public parks, within or
adjacent to the subject subdivision.
15. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance
with Section 12.12.120 of the Municipal Code and Chula Vista standard drawing RWY-05 (Sight
Distance Requirements). Also, landscaping, street furniture, or signs shall not obstruct the visibility
of the. driver at the street intersections or driveways.
16. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for a Traffic
Index (T.I.) of 5.
17. Prior to issuance of Grading, Construction, and Building Permits, the Applicant shall document on
applicable plans compliance with the requirements pertaining to Best Management Practices
(BMPs). The Applicant shall develop and implement post construction BMPs in accordance with
the most recent regulations at the time of Grading and Building Permit issuance.
18. The Applicant shall provide the City with proof of Pad Certification prior to issuance of any
Building Permit within the Project.
19. The infrastructure fronting the site shall be constructed and fully operational before the Final
Building Inspection, all to the satisfaction of the Director of the Development Services Department,
20. The Applicant shall obtain a Construction Permit for private utility connections to the public mains
prior to Building Permit issuance. This may be accommodated by either processing a construction
change to the Master Developer's Improvement Plans or by applying for a separate Construction
Permit.
21. The Applicant shall obtain a Construction Permit to construct the private driveways and associated
signage and striping in the City's right-of-way, prior to issuance of any Building Permit. This may
be accommodated by processing a construction change to the Master Developer's Improvement
Plans.
Resolution No. CUP20-0018
Page 5
22. Before issuance of the first Building Permit, the Applicant shall provide a "Will Serve" letter from
Clay Water District,
23. The following fees may be adjusted based on the final Building Plans submitted:
a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees (PFDIF)
d. Eastern Transportation Development Impact Fees (ETDIF)
e. Other Engineering Fees as applicable per the Master Fee Schedule.
24. Prior to the approval of the first Building Permit, the Applicant shall submit duplicate copies of the
Project plans in digital format, such as (DXF) graphic file, on a CD or through e-mail based on
California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City's
Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed
sewer or storm drain on site.
25. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities
at the site and before issuance of Building Permits in accordance with Municipal Code Chapter
15.04. The Applicant shall submit Grading Plans in conformance with the City's Subdivision
Manual and the City's Development Storm Water Manual requirements, including, but not limited
to the following:
a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City
Engineer.
b. Drainage Study and Geotechnical/Soils Investigations are required with the first submittal
of Grading Plans. The Drainage Study shall calculate the Pre -Development and Post -
Development flows and show how downstream properties and storm drain facilities are
impacted. Design shall incorporate detention of storm water runoff if Post -Development
flows exceed Pre -Development flows; analysis shall include flows from 2 yr., 10 yr., and
50 yr. return frequency storms.
c. Drainage Study shall also demonstrate that no property damage will occur during the 100 -
year storm event.
it. Drainage Study shall show any offsite flows.
e. All onsite drainage facilities shall be private.
f Any offsite work will require Letters of Permission from the property owner(s).
26. All construction sites are required to implement Construction BMPs in accordance with the
performance standards outlined in Appendix K of the BMP Design Manual, In general:
a. For projects disturbing one (1) acre or more this requires coverage under and compliance
with the Construction General Permit (CGP), the construction BMPs must be identified in
a Storm Water Pollution Prevention Plan (SWPPP).
27. A complete and accurate Notice -of -Intent (NOD must be filed with the State Water Resources
Control Board (SWRCB) for a project covered under the General Permit for Storm Water
Discharges Associated with Construction Activity (CGP). A copy of the acknowledgement from
the S WRCB that a NOI has been received for this Project shall be filed with the City of Chula Vista
Resolution No. CUP20-0018
Page 6
when received. Further, a copy of the completed NOI from the SWRCB showing the Permit
Number for this Project shall be filed with the City of Chula Vista when received.
28. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to
perpetually maintain all permanent BMPs located within the Project prior to issuance of any
Grading, Construction or Building Permits, whichever occurs first.
29. The Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all permanent
BMPs as required by the City to preserve the intended pollution control and/or flow control
performance of the BMP. Upon completion of construction of BMPs/Project, the Applicant shall
update/finalize O&M Plan to reflect constructed structural BMPs with as -built plans and baseline
photos.
30. The Project shall comply with the requirements of the National Pollutant Discharge Elimination
System (NPDES) General Permit for Storm Water Dischargers Associate with Industrial Activities
(IGP) Order 2014-0057-DWQ.
31. Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit
will be required prior to issuance of any Building Permits. The Improvement Plan shall include
but not be limited to:
a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD
G-2, and G-7 along the project's frontage to the satisfaction of the City Engineer. Sidewalk
shall be designed and constructed with proper transitions to existing conditions.
b. Installation of driveways meeting design standards as shown in Chula Vista standard detail
CVCS-1A. Dedication of R/W as needed for the driveway to comply with American
Disability Act (ADA) requirements.
c. Utilities Trenching and Restoration per CVCS-3&4.
32. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required,
as necessary.
33. The construction and completion of all improvements and release requirements shall be secured in
accordance with C VMC Section 18,16.180.
34. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall
be privately maintained from each building unit to the City -maintained public facilities.
35. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to
meet the City of Chula Vista Design Standards, Americans with Disabilities Act (ADA) Standards,
and Title 24 standards, as applicable,
36. Any private facilities within the public rigbt-of-way or City easement will require an Encroachment
Permit prior to Improvement Plan or Building Permit approval.
37. Prior to the second submittal of the Building Permit plan set, the Applicant shall submit to the
Landscape Architecture Division, complete Landscape Improvement Plans for review and approval
by the Director of Development Services or designee. Said plans shall conform to the following
City Documents:
Resolution No. CUP20-0018
Page 7
a. Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the Chula Vista
Municipal Code
b. City of Chula Vista Landscape Manual
c. Shade Tree Policy(576-19)
38. Prior to Final Building Inspection for the Project, the Applicant shall have installed Landscape
Improvements per the approved Landscape Improvement Plans to the satisfaction of the Director
of Development Services or designee.
Fire Department
39. The Applicant shall apply for required Building Permits. Permits shall comply with applicable
codes and requirements, including but not limited to the current edition of the Building Code (CBC)
& Fire Code (CFC), as amended by the City of Chula Vista.
40. Plans for the design and construction of private underground fire service utilities shall be submitted
to the Development Services Department in the form of Private Site Improvement Plans or as part
of the Architectural Building Permit Plans,
41. For 4,200 square feet of Type V -B construction, this Project will require a fire flow of 1,750 gallons
per minute for a 2 -hour duration at 20 PSI.
42. Based upon the required fire flow for the Type V -B construction type, a minimum of 1 fire hydrant
is required to some this Project.
43. Fire Bydrants shall be located and spaced in accordance with California Fire Code, Appendix C.
Based upon the required fire flow for this Project, fire hydrants shall be located with an average
spacing of 500 feet. The maximum distance from any point along a fire apparatus access road to a
fire hydrant shall not exceed 250 feet. Existing or new public fire hydrants can be considered to
meet spacing requirements and minimum number of hydrants.
44. Where a portion of the building is more than 400 feet from a fire hydrant on a fire apparatus access
road, as measured by an approved route around the exterior of the building, on-site fire hydrants
and/or improvements to the existing public water main shall be made.
IL The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
1. The site shall be developed and maintained in accordance with the approved plans, which
include Site Plans, Floor Plan, Elevation Plan, Landscape Plan on file in the Development
Services Department, the conditions contained herein, and Title 19,
2. Approval of the Conditional Use Permit shall not waive compliance with any sections of Title
l9 of the Municipal Code, nor any other applicable laws and regulations in effect at the time
of building permit issuance.
3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold
harmless City, its City Council members, Planning Commission members, officers, employees
IV.
Resolution No. CUP20-0018
Page 8
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 on the Project Site and (c) any
environmental determinations for the Project. The Property Owner and Applicant shall
acknowledge their agreement to this provision by executing a copy of this Conditional Use
Permit where indicated below. The Property Owner's and Applicant's compliance with this
provision shall be binding on any and all of the Property Owner's and Applicant's successors
and assigns.
4. This Conditional Use Permit shall become void and ineffective if not utilized within three years
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.
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 timely follow
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.
EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and agreed to
the conditions contained herein, and will implement same. Upon execution, this document shall be
signed and returned to the City's Development Services Department.
Signature o Property Owner
4,ti p4v"(lly 8j"&
�54ti N 2 u -be 1/1' ill9lIJA�-
Printed Name of PrZperty Owner
igna o Applicant
2Y
at
2 � " BO`L'L
C'
Printed Name of Applicant
Resolution No. CUP20-0018
Page 9
l-'1ZDzz
mate
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. Failure to satisfy the conditions of this permit may also result in the imposition of civil or
criminal penalties,
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, 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.
Resolution No. CUP20-0018
Page 10
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 27th day of October 2021, by the following vote, to -wit:
AYES: Burroughs, De La Rosa, Milburn, Torres, Zaker
NOES: 0
ABSENT: Gutierrez, Nava
ABSTAIN: 0
ATTEST:
(pI
, Sa v, ion Secretary
Presented by:
Tiffany Ilen
Director of Development Services
( J �_�
Max Aker,
Approved as to form by:
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