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HomeMy WebLinkAboutRDA Reso 2002-1791 RESOLUTION NO. 1791 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL USE PERMIT (SUPS-02- 04) AND ZONE VARIANCE (ZAV-02-05) TO ERNEST & PATRICIA DURAN FOR THE DEVELOPMENT OF A USED AUTOMOBILE SALES FACILITY AT 2620 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit ð attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 2620 Main Street ("Project Site"); and WHEREAS, on November 15, 2001 duly verified application for Special Use Permit SUPS- 02-04 and Zone Variance ZAV-02-05 was filed with the City of Chula Vista Planning Department by Juan Quemado, Designer acting on behalf of Ernest and Patricia Duran ("Applicant"); and WHEREAS, Applicant requests permission to construct a 420-sq. ft. sales office for use in conjunction with a used auto display area, including required on-site parking, landscaping and driveways ("Project"); and WHEREAS, in absence of a Southwest Project Area Committee, and pursuant to the Redevelopment Agency Resolution No. 1536 (City Council Resolution No. 18624), the Planning Commission has been designated as the body to provide recommendations for development projects located in the Southwest Project Area presented to the City Council and/or Redevelopment Agency for consideration pursuant to the authority granted in the Zoning Ordinance and the Southwest Redevelopment Plan; and WHEREAS, the Planning Commission advertised a public hearing on the project for July 10, 2002 that was continued to a public hearing on July 31, 2002, where it was voted 6-0-1 recommending that the Redevelopment Agency approve the project in accordance with Resolution SUPS-02-04/ZAV-02-05; and WHEREAS, a duly called and noticed public hearing on the project was held before the Redevelopment Agency of the City of Chula Vista on August 6, 2002; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approved Special Use Permit SUPS-02-Q4 and Zone Variance (ZAV-02-05), based upon the findings and subject to the conditions contained in Exhibit B (attached). PRESENTED BY APPROVED AS TO FO Y ~î~ Chris Salomone Director of Community Development Resolution No. 1791 Page 2 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 6th day of August, 2002 by the following vote: AYES: Members Davis, Padilla, Rindone, Salas, and Chair/Mayor Horton NOES: None ABSENT: None ABSTENTIONS: None ~?~~1k~YL Shirley Horto Chairman ATTEST: (Jhl~ Chris Salomone Executive Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1791 and that the same has not been amended or repealed. Dated: August 7,2002 ~~ Chris Salomone ~ Executive Secretary EXHIBIT B SPECIAL USE PERMIT (SUPS-02-04) AND ZONE VARIANCE (ZAV-02-05) TO ERNEST & PATRICIA DURAN FOR THE DEVELOPMENT OF A USED AUTOMOBILE SALES FACILITY AT 2620 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA A. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Commission at their public hearings on this project held on July 10, 2002 and July 31, 2002 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. B. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is exempt pursuant to the California Environmental Quality Act as a Class 3 exemption for new small construction or conversion of small structures (Section 15303). C. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. D. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of special use permits, as herein below set forth, and sets forth, hereunder, the evidentiary basis that permits the stated finding to be made. 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 use at this location will provide a service or facility that will contribute to the general well being of the neighborhood or community. The project redevelops an underutilized parcel designated for commercial use, and assists in the elimination of physical and economic blighting conditions as found in this area of Main Street and within the Montgomery community and will provide necessary services that are consistent with the goals and objectives of the Montgomery Specific Plan and/or the Southwest Redevelopment Project Area Implementation Plan. 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 development 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. The design of the auto sales area and sales office building were approved by the Design Review Committee on June 17, 2001 and will conform to the design manual guidelines for commercial developments. Landscaping and a screening elements will be provided along the frontage and rear property line adjacent to the existing truck storage yard to minimize the visual impact of the adjacent said use. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed development conforms to the zoning restrictions and development standards and is consistent with the regulations of the CTP zone and the Montgomery Specific Plan, except as requested in the accompanying Zone Variance application, and is in conformance with the Southwest Redevelopment Project Area Implementation Plan. 4. That the granting of this Special Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposed development is consistent with the General Plan land use designation, which identifies automobile-oriented services in conjunction with other thoroughfare commercial uses in the vicinity, and the goals and objectives of the Southwest Redevelopment Plan by contributing to remove blighting influences. E. ZONE VARIANCE FINDINGS 1. That hardship particular to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family, or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits. There are hardships associated with this property that would justify the granting of a zone variance from the 10-ft. rear yard-building setback of the CTP zone and the 15-ft. landscape buffer along Main and Silvas Street as required by the Montgomery Specific Plan. The property is an unusual creation that is the result of a curved street closure between Silvas and Main Street and the former "island" parcel that was located between the curved street and the T-intersection of Silvas and Main Streets. As a result, it would be very difficult to meet the 2 standards of the zone, specifically the rear yard-building setback of 10-ft. and the 15-ft. landscape buffer of the Montgomery Specific Plan, as they would adversely affect the provision of adequate interior lot circulation between the sales office, auto display area and driveways. The landscape buffer of 10-ft. (8-ft. and 2-ft. within the right-of-way behind the sidewalk) will adequately beautify the intersection and soften the transition between street and display area. 2. That such a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning districts and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by the neighboring properties. The variance is needed to enjoy the same substantial property rights enjoyed by other properties in the neighborhood vicinity. All of the surrounding properties possess greater depth and thus the ability to meet such requirements as the rear yard building setback and the Montgomery landscape setback along Main Street. It would most likely be difficult to develop any other viable type of commercial use within the CT zoned property without including the adjacent property to the north (truck storage yard). However, as it exists the property does provide a matching opportunity for the applicant to relocate a small-scale auto sales lot on a major intersection with minimal depth but high visibility on an intersection. 3. That the authorizing of such variance will not be of substantial detriment to the adjacent property and will not materially impair the purposes of the Zoning Ordinance, Municipal Code or the public interest. The variance request will not be of substantial detriment to adjacent properties and will not materially impair the purposes of the Zoning Ordinance, Municipal Code, and public interest. The Main Street driveway is located in between two properties, or that of the proposed auto sales property and the truck storage lot to the north. A reciprocal access agreement for shared use of the driveway will be established as part of the conditions of approval. Thus, the development of this property will be beneficial to the truck storage yard to the north, in that the shared use driveway will be enhance with stamped concrete and asphalt paving beyond as an off-property improvement. 4. That the granting of such variance will not adversely affect the Zoning Ordinance, Municipal Code, and General Plan of the City or the Montgomery Specific Plan or the adopted plan of any government agency. The granting of this variance will not adversely affect the Zoning Ordinance, the Southwest Redevelopment Plan, the Montgomery Specific Plan or the General Plan of the City of Chula Vista, as well as the development standards found therein. F. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit SUPS-01-05 subject to the following conditions whereby the Applicant and/or property owner shall: 3 1. Prior to the issuance of building permits for the development of the subject property in reliance on this approval, the applicant shall satisfy the following requirements: Planning and Building Department Conditions: a. Provide revised plans and elevations incorporating all conditions of approval. A revised site plan shall be submitted showing the landscape area and lattice fencing in front of the rear property line metal fencing. The revised plans and elevations shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permit. b. Provide planting and irrigation plans incorporating all conditions of approval. All planters shall be bordered with 6-inch curbing. The planting and irrigation plans shall be revised in conformance with a revised conceptual landscape plan, subject to review and approval by the Landscape Planner prior to issuance of building permit. c. A water management plan shall be required with the conceptual landscape plan for review and approval by the Landscape Planner prior to issuance of building permit. d. Provide more information on the proposed decorative wrought-iron fence, stamped concrete pattern, style and color for review and approval by the Landscape Planner prior to issuance of building permit. e. A fencing plan shall be provided indicating all perimeter fencing to be provided. The fencing plan shall be incorporated with the planting and irrigation plans and submitted for review and approval by the Landscape Planner prior to the issuance of building permit. f. Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided that includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent properties, and shall be reviewed and approved to the satisfaction of the Planning and Building Director. g. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. h. All building permit plans shall be reviewed for conformance with 4 this Special Use Permit and Zone Variance permit. Building Plans shall comply with 1998 Building, Mechanical, Plumbing, and National Electrical Code article 500. Building shall comply with handicapped accessibility requirements and 2001 Title 24 energy requirements. Restrooms must be handicapped accessible unless the owner of the building will be the only person using the restroom. Exterior walls must be 1-hr. rated when located less than 20-ft. from the property line. Openings in the walls are not permitted less than 5-ft. from the property lines and protected when less than 10-ft. from the property line. i. A reciprocal access agreement to ensure the continued viability of the shared use of the Main Street driveway with the adjacent property owner shall be established and recorded. The reciprocal access agreement document shall be reviewed and approved to the satisfaction of the Planning and Building Director prior to the issuance of a Certificate of Occupancy. Resource Recycling and ConseNation Coordinator Conditions: j. Commercial properties must have trash enclosures, bins, or carts that meet design specifications. The locations and orientation of storage bins and dumpsters must be pre-approved by the City franchise trash hauling company. Provide sufficient space for designated recyclables. A shared paper/cardboard bin, along with food and beverage container cart with other storage may be permitted. A commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers must be provided to meet the minimum 50 percent recycling requirement. Contact the City Conservation Coordinator at 691- 5122. Fire Department Conditions: k. Obtain the necessary permits from the Fire Department. Provide a minimum rated fire extinguisher 92A-10BC) for the office area. If at anytime a motorized gate is installed it must be provided with an Opticom system and Knox key switch for fire department entry. Provide a visible address to be seen from the main access road. Public Works Department Conditions: I. All requirements of the Public Works Department shall be met prior to issuance of the building permit. Applicant shall pay all required fees including those identified by the Engineering Division for sewer capacity and connections, development impact for public facilities, and traffic signal fees as defined in the development checklist as part of the building permit application. m. The applicant will need to provide a grading permit if shown to be 5 required by the building permits. Any work performed in the public right-of-way such as construction or widening of driveways or installation of a new sewer lateral shall require a construction permit from the office of the City Engineer. n. The project shall be designed to meet ADA requirements for handicapped parking and accessibility. No monument signs or other visible obstruction shall be constructed within sight visibility lines at the driveway entrances/exits of the property. o. The applicant shall submit a geotechnical investigation for the proposed construction prior to issuance of the building permit. The project shall be designed to drain away form the neighboring structures to the satisfaction of the City Engineer. p. The applicant is required to implement Best Management Practices (BMP's) to prevent pollution of the storm water conveyance systems, both during and after construction. According to the National Pollutant Discharge Elimination System (NPDES) Municipal Permit Order No. 2001-01, the project is considered Priority Development Project Categories, and is required to comply with the Standard Storm Water Mitigation Plans (SUSMP's), and Numeric Sizing Criteria. Contact the San Diego Regional Water Quality Control Board at (858) 467-2971 to insure compliance with laws and regulations. q. Proposed drainage facilities shall be shown on building plans. The existing sewer system is adequate to serve the proposed project. No other wastewater use shall be located outside the office use Police Department Conditions: r. The security lighting fixtures shall use low wattage bulbs. The lighting for the signage and interior nightlights shall be independently wired so that they can be independently used to aid in complying with the Governor's Executive Order D-19-01. s. Obtain a security survey from the Crime Prevention Unit of the Police Department for specific recommendations on access control, surveillance detection, and police response. In addition, training of management and employees. in security procedures and crime prevention shall prior to issuance of the building permit. The Crime Prevention Unit should be contacted at 691-5127 for more information. Other Conditions: t. The applicant shall contact the Chula Vista Fire Department about fire flow requirements and submit a letter to the Sweetwater Authority stating the requirements. The Authority will determine if 6 there is a need for new or substantial alteration to the existing water systems, as well as the availability of water for operational and fire protection purposes. u. The applicant shall pay all appropriate fees of the Sweetwater Union High School District and the Chula Vista Elementary School District who will determine the school fees that shall be paid prior to issuance of the building permit. 2. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: a. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, Title 19, and the Montgomery Specific Plan. b. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. c. All landscape and hardscape improvements shall be installed in accordance with the approved landscape plan and the comments of the City Landscape Planner. d. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. e. 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 as required by the Planning Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. f. A fire flow of 3,000 gallons per minute for duration of three (3) hours must be provided. The back flow pr¡:wentor shall be screened from view, and the Fire Department connection shall not be located with the back flow preventor. g. A 250-watt streetlight shall be installed at the northerly side of the property on Silvas Street to the satisfaction of the City Traffic Engineering Section. 7 h. This Special Use Permit and Zone Variance approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 3. The following on-going condition shall apply to the subject property as long as it relies upon this approval. a. 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. b. Buildings and Landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. c. Fire lanes are to have an unobstructed width of not less than 20-ft. width and 13-1/2-ft. vertical clearance. d. Incidental car washing and auto detailing shall not be permitted on the facility unless adequate BMP's have been installed to capture and treat the effluent, or divert the effluent to sanitary sewer after obtaining approval from the San Diego Metropolitan Wastewater Department. e. This Special Use Permit and Zone Variance 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. f. This Special Use Permit and Zone Variance permit shall be subject to any and all 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 Permittee 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 Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. g. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from 8 (a) City's approval and issuance of this special use permit, (b) City's approval or issuance of any other penmit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's construction. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this special use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. h. Applicant shall be responsible for any and all relocation expenses related to the project. Applicant indemnifies, holds harmless, protects, and defends City from any and all relocation claims arising from or related to any action taken by the Agency, including the consideration, and/or approval of this Special Use Permit and Zone Variance or related documents. G. 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 returned within ten days of recordation to the Agency's secretary. Failure to return said document to the Agency's secretary shall indicate the property owners/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 Agency's office and known as document No.~. -P~.A. ~OIY) Signature of Property Owner '8)13)02. Date . nature of Representative of Ernie's Auto Sales {/; 3/ c7V Date H. ENVIRONMENTAL NOTICE The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency 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 anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or 9 unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. 10