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HomeMy WebLinkAboutReso 2007-029 RESOLUTION NO. 2007-029 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS AND APPROVING CONDITIONAL USE PERMIT PCC-07-22 FOR THE ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION OFFICE AT THE BUILDING LOCATED AT 626 L STREET, WITHIN THE MERGED CHULA VISTA REDEVELOPMENT PROJECT (SOUTHWEST SUB-AREA) A. RECITALS 1. Project Site WHEREAS, the parcel, which 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 626 L Street; and 2. Project; Applications for Discretionary Approval WHEREAS, on October 12, 2006 a duly verified application a Conditional Use Permit (PCC-07-022) was filed with the City of Chula Vista on behalf of the applicant requesting a conditional use permit enable the establishment of the Social Security Administration office at the building located at 626 L Street ("Project"); and WHEREAS, the proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA). The project qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. Thus, no further environmental review is necessary; and 3. Chula Vista Redevelopment Corporation and City Council Record on Application WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public hearing on this Project on January 25, 2007, and voted 7-0 to recommend that the City Council approve Conditional Use Permit PCC-07-022, in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced on this Project before the Chula Vista Redevelopment Corporation at their public hearing held on January 25, 2007, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, a duly called and noticed public hearing on Conditional Use Permit PPC-07- 022 was held before the City Council of the City of Chula Vista to receive the recommendation of the Chula Vista Redevelopment Corporation, and to hear public testimony with regard to the same. WHEREAS, the City Council held an advertised public hearing on the project on January 25, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff Resolution No. 2007-029 Page 2 presentation and public testimony, the Council voted 4-0 to approve Conditional Use Permit PCC-07-022 in accordance with the findings listed below. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. ENVIRONMENTAL DETERMINATION The proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA) and based on this review the project qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. Thus, no further environmental review is necessary. The City Council finds that, in the exercise of its independent judgment, as set forth in the record of its proceedings, the application for Conditional Use Permit PCC-07-022 is exempt from environmental review as a Class 32 categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. C. CONDITIONAL USE PERMIT FINDINGS The City Council does hereby make the findings required by CVMC 19.14.080 for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated findings to be made. 1. That the proposed use at the particular 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 is necessary at the proposed location in order to continue to provide the community with the services provided by the Social Security Administration. As the SSA office located in Downtown Chula Vista closes, another facility must be made available to the SSA to provide its services to the community. The issuance of the Conditional Use Permit will implement the policies of the General Plan by allowing the establishment of a public/quasi- public use (SSA office) that provides beneficial services to the community and will provide a facility with all the appropriate amenities, which will facilitate the effective and efficient delivery of federal services to the community. The location of the use at this site meets the needs of the larger community. 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 location of the SSA office at 626 L Street 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 use will provide a good service to the community in a way that will not cause any problems to the surrounding vicinity because the use complies with the rules and regulations of the City of Chula Vista. It is a use that does not pose any problems to Resolution No. 2007-029 Page 3 the area because the site and the building have all the required amenities to accommodate visitors, employees and administrators. The facilities have ample parking spaces, appropriate site access and circulation and easy access to public and private transportation systems. The proposed use is a governmental office that provides beneficial services to the community. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use. The use, as proposed, complies with the regulations of the Zoning Ordinance in terms of building requirements, parking, landscaping, access and circulation. The conditions imposed on the project, as shown in the list of conditions attached to this resolution, will insure that the use complies with all requirements of the City of Chula Vista and that the use will not be detrimental to those persons and improvements in the vicinity. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Conditional Use Permit will not adversely affect the General Plan of the City because its issuance is consistent with the policies and guidelines of the General Plan. The issuance of the Conditional Use Permit will implement the policies of the General Plan by allowing the establishment of a public/quasi-public use (SSA office) that provides beneficial services to the community and will provide a facility with all the appropriate amenities, which will facilitate the effective and efficient delivery of federal services to the community. The location of the use at this site meets the needs of the larger community. The issuance of the Conditional Use Permit PCC-07-022 is consistent with the City of Chula Vista General Plan and is supported by public necessity, convenience, general welfare, and good zoning practice. D. CONDITIONS OF APPROVAL Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: I. The subject property shall be maintained in substantial conformance with the approved application, plans, and color and material board, except as modified herein. 2. Applicant shall submit all final interior and exterior design plans, landscape and irrigation plans, solid waste and recycling plans for review and approval prior to the issuance of building permits. 3. Prior to issuance of Certificate of Occupancy, Applicant shall install a set of benches and tables, and shaded area for cueing of the public, as approved by the Landscape Planner, at the lawn area immediately in front of the building's entrance for SSA office patrons. 4. Prior to the issuance of Certificate of Occupancy, additional trees shall be planted, as approved by the Landscape Planner, along the western building elevation to break up the boxy form of the building. Resolution No. 2007-029 Page 4 5. The windows to be installed at the north and west building facades shall be subject to the review and satisfaction of the Police Department. 6. The applicant/owner shall comply with all applicable federal, state, and local requirements, and in any case where it does not comply, this permit is subject to modification or revocation. 7. This permit shall become void and ineffective if not used or extended within one year from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. 8. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given 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. 9. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless the City, its Council members, officers, employees, agents, and representatives from and against 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 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 without limitation, any and all liabilities arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. ;;./ if/ 07 Date ' PLANNING AND BUILDING DEPARTMENT CONDITIONS 10. The plans comply, prior to issuance of building permits, with applicable codes and requirements, including but not limited to 2001 CBC, CFC, CMC, CPC, ADA, and 2004 CEC requirements. 11. Complete landscape plans shall be provided with the building permit submittal for review and approval of the Landscape Planner Landscape plans shall be complete and satisfy all requirements of the City Landscape Manual prior to issuance of building permits. Resolution No. 2007-029 Page 5 12. Landscape design shall provide adequate screening of the parking area from the public right of way per the requirements of the City Landscape Manual and the City Design Manual. A small turf area would be considered appropriate and correct, however a hedgerow or some other design solution for parking lot screening needs to be provided. The ultimate design should be provided on the detailed landscape plan submitted with the building permit application. 13. The current irrigation system needs to be analyzed and brought up to current industry and city standards. Provide this information on the detailed landscape plan submitted with the building permit application. FIRE DEPARTMENT CONDITIONS 14.Twenty-foot access at the site entrance and parking lot shall be provided for Fire Department vehicles at all times. 15.Any modifications to the existing Fire Alarm System shall require a separate submittal to the Chula Vista Fire Department Prevention Division. 16. Plans submitted to the Fire Department shall include the location of the nearest fire hydrants. 17.Plan check fees shall be required for verification of existing life safety systems (fire sprinklers, fire alarm and fire hydrants). 18.Minimum size Fire Extinguishers shall be 2AlOBC and shall be located every 75 feet of travel. 19.Knox Box shall be required for Fire Department access to the building front entrance and fire riser room. Order forms are available through the Fire Department. 20.Policy 2916 (construction site policy for compliance with fire safety provisions) shall be signed and included with submitted plans. 21.Plans shall include information on sprinkler density for this building and inlclude placard information from riser. GENERAL SERVICES DEPARTMENT CONDITIONS 22.The applicant shall develop and submit a Recycling and Solid Waste Management Plan for construction and demolition debris through to occupancy to the Environmental Services Program Manager for review and approval as part of the permit process. 23.The plan shall demonstrate those steps the Applicant will take to comply with Municipal Code, including but not limited to Section 8.24, 8.25 and 19.58.340 and meet the State mandate to reduce or divert at least 50% ofthe waste generated by all residential, commercial and industrial developments (including demolition and construction phases). Resolution No. 2007-029 Page 6 24.The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phases of the project. ENGINEERING CONDITIONS: 25.Prior to the issuance of building permits, Applicant shall obtain a construction permit from the Engineering Department to perform any work required within the public right-of-way. 26.Prior to the issuance of Certificate of Occupancy, Applicant shall repair or replace sections of the sidewalk in front of the property that may cause a trip hazard next to the SDG&E vault. 27. Prior to the issuance of Certificate of Occupancy, Applicant shall replace or repair the section of driveway apron and gutter that is cracked and broken at the west entrance to the property. 28.All driveways must comply with ADA requirements. Pedestrian ramps, where required, shall be constructed per ADA standards and approved by the City. 29.Applicant shall pay the applicable Engineering fees based on the final plans submitted. E. GOVERNMENT CODE SECTION 66020(d)(l) NOTICE Pursuant to Government Code Section 66020(d)(I), 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 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. F. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council 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 unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby: determined that the project qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines and thereby approves Conditional Use Permit PCC-07-022, subject to conditions listed above, for the establishment of the Social Security Administration office at the building located at 626 L Street, within the Merged Chula Vista Redevelopment Project (Southwest Sub-Area). Resolution No. 2007-029 Page 7 preZok Ann Hix Acting Director of Community Development Approved as to form by CA~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 25th day of January 2007, by the following vote: AYES: Councilmembers: McCann, Ramirez, Rindone and Cox NAYES: Councilmembers: None ABSENT: Councilmembers: Castaneda r'l.' ATTEST: ~Jtl.i C~'~'9.~ Susan Bigelow, MMC, City Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of the City of Chula Vista, do hereby certify that the foregoing Resolution No. 2007-029 was duly passed, approved, and adopted by the City Council at an adjourned regular meeting held on the 25th day of January 2007. Executed this 25th day of January 2007. -~~+ ~ jl1~ Susan Bigelow, MMC, City CI~~