HomeMy WebLinkAbout1992/08/25 Item 13
COUNCIL AGENDA STATEMENT
Item &
Meeting Date 8/25/92
ITEM TITLE: PUBLIC HEARING: Conditional Use Permit PCC-92-40: Appeal of
Planning Commission Approval of a Request to Install Interim Fire Station
No. 6 at the southwest comer of Lane Avenue and Fenton Street;
Appellant - California Land Associates
RESOLUTION 1&,15 l. Denying the Appeal and Approving
Conditional Use Permit PCC-92-40
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SUBMITTED BY: Director of Planning ;}/.
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REVIEWED BY: City Manager iJ)~ (4/5ths Vote: Yes_No_XJ
The City of Chula Vista proposes to install Interim Fire Station No. 6 at the southeast comer
of Fenton Street and Lane Avenue, 2396 Fenton Street, APN 595-232-10, in the BC-I zoning
district as defined in the EastLake Planned Community District Regulations. The interim fire
station will be operated at this location until such time as an optimal site for a permanent station
is selected and additional development warrants the construction of a permanent structure.
California Land Associates, the owners of the office building directly east of the fire station site,
has appealed the decision of the Planning Commission approving PCC-92-40. All documents
and correspondence are attached (see index following staff report).
The Environmental Review Coordinator has determined that this project is a Class 3 (c)
Categorical Exemption per the California Environmental Quality Act (CEQA).
This item was originally scheduled for City Council consideration on July 21, 1992, and has
been continued at the request of the appellant and EastLake Development Company in order to
allow time for further discussion of the issues raised in the appeal, and to allow consideration
by the entire City Council. It is our understanding that at this time the concerns of the appellant
have not been resolved, and both parties are desirous of having the matter considered by the City
Council.
RECOMMENDATION: That Council adopt the resolution approving Conditional Use Permit
PCC-92-40 and findings contained therein based on the records of the proceedings before the
Planning Commission and Council.
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Page 2, Item A
Meeting Date 8/25/92
BOARDS/COMMISSIONS RECOMMENDATION: On July 8, 1992 the Planning
Commission voted 6-to-0 to approve PCC-92-40. That decision has been appealed by California
Land Associates based on the points listed under "Contentions of Appellant".
DISCUSSION:
Adjacent Zoninl! and Land Use:
ZONING
LAND USE
Site BC-l (PC) Vacanti 1 Structure
North BC-I (PC) Vacant
South BC-l (PC) Vacant
East BC-l (PC) Industrial
West BC-l (PC) Industrial
Existing Site Characteristics
The modular structure to house the fire fighting apparatus has already been installed on the
northeastern portion of the site, and just west of the apparatus structure, the foundation for the
personnel building has already been graded and partially installed. Construction was initially
allowed to proceed without the necessary conditional use permit because of an incorrect
interpretation of the EastLake PC Zone regulations dealing with temporary uses. Work has
since been stopped until the outcome of the public hearing for this conditional use permit.
Pro.POsed Use
Proposed Interim Fire Station No. 6 consists of two structures totaling approximately 2,340
square feet which will occupy the northeast portion of the site. Since installation had already
started, the apparatus parking bay, a 15.5 foot high modular structure, sits about 50 feet south
of the northern property line and, at its nearest point, about 26.5 feet from the eastern property
line.
The personnel structure, an approximately 11 foot high modular building, will sit about 60 feet
south of the northern property line and about 105 feet east of the western property line. The
area where the foundation for the personnel structure is to be poured was being excavated and
was partially installed prior to suspension of work.
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Page 3, Item ~
Meeting Date 8/25/92
Alternate Sites
Several alternate sites were considered at the same time as this site. A site near the southeast
corner of Otay Lakes Road and Hunte Parkway was considered, but specific site characteristics,
including limited site distance from the east and potential ingress-egress problems, made the
location unacceptable. Another site was considered along EastLake Parkway south of Telegraph
Canyon Road, but EastLake High School will be built there instead. Still, a third site was
considered but rejected because it is part of the Kaiser Hospital site.
In the opinion of the Fire Department the site chosen offers the best possibility for service as
it is on a main arterial access into the EastLake Greens area, is in close proximity to Telegraph
Canyon Road and no other major projects preclude its construction. Given the existing
conditions and if development to the north is significantly delayed, this is the site preferred by
the Fire Department, possibly even for a permanent fire station. If this were to evolve into the
permanent fire station site for this area, the modular structures would be replaced by permanent
buildings.
Architectural Review
When this project was submitted through the Building Department for building permits, the
Planning Department reviewed the site design and architecture and, due to the interim nature of
this facility and the substantial landscaping to be provided, staff determined that the project is
compatible within the context of the surrounding neighborhood. The EastLake Development
Company also reviewed and approved the architectural design of the proposed modular
structures.
ANALYSIS
Conformance with EastLake Re~ulations
Fire Station No. 6 is proposed for this location on an interim basis. Its life span depends on
determining an optimal site for a permanent fire station and the pace at which future
development occurs. Depending on plans for surrounding areas, including the Otay Ranch, the
optimal site may be (1) the current, interim location in the EastLake-I Business Center; (2)
another, more easterly site within the EastLake development; or (3) a site in Salt Creek Ranch
on Mt. Miguel Road south of East "H" Street. At this point, it is likely that the interim fire
station site will be needed for 5-7 years.
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Page 4, Item ~
Meeting Date 8/25/92
The use as a fire station requires a conditional use permit per Section VI.O.2.I of the EastLake
I Planned Community District Regulations. This section states:
"Temporary use of properly-designed mobile trailer units for classrooms, offices, banks,
etc., for periods not to exceed ninety days subject to administrative review. Requests
for such uses of more than ninety days in duration shall reauire the approval of a
Conditional Use Permit by the Planninf: Commission. Such units shall meet all necessary
requirements of building, fire and health codes." [Emphasis added].
The proposed use can meet the performance standards for the Business Center District as
outlined in Section IV.3 of the EastLake I Planned Community District Regulations.
Conformance With The General Plan
The proposed Interim Fire Station No.6 conforms with and implements the City's general
threshold standards for fire services, as well as implementing the more detailed project
guidelines for fire coverage adopted as part of the City's Fire Station Master Plan:
" 1. As a general rule, fire stations shall be distributed so as to meet the service levels
established in the thresholds standards. The threshold standard for fire requires
the department to respond to 85 % of all emergency calls for service within 7
minutes. "
CONFORMANCE: The placement of Interim Fire Station No. 6 at this location will
bring virtually all residences and businesses in EastLake within this threshold standard.
"2. The precise location of fire stations shall be determined by:
a. Land Use Pattern, residential density and building intensity.
b. Street patterns and traffic volume.
CONFORMANCE: The land use pattern surrounding the site is industrial while the
building intensity has not reached a maximum as the area is not at build-out. Both
Fenton Street and Lane Avenue are, at present, lightly travelled streets for the same
reason.
"3. Fire stations should be sited on arterial streets or collectors. If circumstances
require the location of a fire station on a minor street, the said minor street
should lead directly to an arterial street or collector. "
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Page 5, Item ~
Meeting Date 8/25/92
CONFORMANCE: The site for Interim Fire Station No.6 is located at the intersection
of Lane Avenue and Fenton Street. Lane Avenue is a collector street which permits
direct access to Telegraph Canyon Road, a prime arterial, to the south, while Fenton
A venue is a minor street which permits direct access to EastLake Parkway to the west.
"4. Fire stations may be located on comer lots, with primary and secondary (alley)
access. Stations should be situated a minimum of three hundred feet (300') from
signalized intersections. "
CONFORMANCE: The site is at the southeast comer of Fenton Avenue and Lane
Street, as mentioned earlier. The primary access at the northeast comer will be the only
point of vehicular ingress and egress to the site. The nearest signalized intersection to
the station is at Telegraph Canyon Road and Eastlake Parkway, more than 300 feet away.
"5. Fire station sites must be large enough to accommodate a station office, living
quarters for the on-duty personnel, areas for apparatus storage and maintenance,
off-street parking, and environmental amenities, such as landscaping and walks.
Where stations are located in areas of anticipated growth, the fire station site
should be of adequate size to accommodate planned expansion. New fire stations
should be built to house no less than two apparatus. "
CONFORMANCE: The site, architectural and floor plans and elevations show living
quarters, an area for apparatus storage and maintenance, off-street parking, landscaping
and walks. Even though this is a temporary station with a limited life span, the site is
large enough to accommodate expansion, but will house only one apparatus for this
reason. If a permanent station is built at this location, a structure to house at least two
apparatuses will be constructed.
"6. The design of fire stations should be environmentally and aesthetically compatible
with adjacent land uses. "
CONFORMANCE: The proposed interim fire station will consist of two modular
structures, a personnel building and an apparatus parking bay, and include a covered
patio area which will architecturally link the two main building segments of the facility.
The substantial landscaping will enhance the site making it aesthetically compatible with
adjacent land uses.
The personnel building and apparatus parking bay have been designed in a manner which
will not only yield functionally appropriate buildings, but will also result in the
development of a facility which will architecturally complement and be compatible with
the structures in the immediate area. The proposed architectural design was reviewed
and approved by the EastLake Design Review Board on February 14, 1992.
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Page 6, Item ~
Meeting Date 8/25/92
The proposed structures, although temporary in nature, will be installed on permanent
foundations. The exterior articulation of the rectangular building masses will be kept
simple and streamlined, in keeping with the contemporary theme of the business center,
and will incorporate a 36 inch high parapet along the structures' roof perimeters. The
buildings' exterior will be treated with Tl-ll mansard vertical siding. The proposed
color palette will consist primarily of gray wall color and teal green accent color
combinations which are consistent with the color scheme of the structure to the east of
the site.
Staff found the proposed architecturally enhanced modular building design solution to be
an acceptable and appropriate alternative to a "permanent" structure, given the temporary
nature of the facility, and concluded that the facility will positively contribute to the
appearance and development of the EastLake Business enter.
"7. Where practicable, fire station houses should be one story in height. "
CONFORMANCE: The personnel structure will be one story at ll' 4", while the
apparatus parking bay will be 15'6". Both structures will have only one story.
CONTENTIONS OF APPELLANT:
1. APPELLANT: "The lease between the Fire Department and EastLake violates the
Subdivision Map Act".
Response:
This proposed development is in conformance with Government
Code ~ 66428 and does not warrant the preparation of a parcel map for
the following reason:
Pursuant to Government Code ~ 66428(a) a parcel map is not required for
. . . "Land conveyed to or from a governmental agency . . . unless a
showing is made in individual cases, upon substantial evidence, that public
policy necessitates a parcel map." No such "public policy" reason for a
parcel map has been advanced by the appellant. A public policy reason
for compelling a parcel map is not present because:
a) The parcel upon which the station will be located is the result of
a prior land division. All public "facilities" and the "design" (as
these terms are used in the Subdivision Map Act) considerations
have already been addressed in the prior subdivision. TM# 15823
recorded October 6, 1989 (TPM-90-01).
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Page 7, Item ~
Meeting Date 8/25/92
The City would not require the development of additional
infrastructure should this parcel be divided by a parcel map nor
would it require significant design changes to its configuration. In
addition, the findings made for TPM-90-0l are still in effect and
would not be changed even if the City decided to execute another
parcel map.
b) The City reserves adequate regulatory authority through the
conditional use permit process and findings to address any matter
of public health, safety or welfare which may be raised in the
context of a parcel map, thus eliminating the need for a parcel
map.
c) The City cannot force its lessor (Eastlake) to develop the
remainder (unused) portion of the site. The City's weed abatement
and nuisance ordinances will be enforced to insure the unused
portion of the site remains in a safe and sanitary condition.
2. APPELLANT: "The EastLake Business Center Architectural Committee violated
the CC&R's in approving the f"1re station design".
Response:
The compliance of the fire station's design with the Eastlake Business
Center's CC&R is not a matter which the City Council may adjudicate.
CC&R established pursuant to Civil Code ~ 1468 are private covenants
regulating the use of land subject to them. The City has !!Q regulatory
authority to act as an Appeals Board to any action taken by the Business
Center Architectural Committee. If the Appellant has a complaint
regarding the action of the Committee, they should take that up with the
Committee itself.
3. APPELLANT: "The Planning Cornrni.sion was mislead by staff to believe the City
was funding the cost of the fIre station".
Response:
The funding for the fire station, in part by Eastlake and in part by City,
using a portion of the DIP fees is irrelevant to the land use considerations
before the City.
4. APPELLANT: "The Fire Department failed to mitigate visual blight by selecting
one of several alternative sites offered by EastLake Development Co.".
Response:
Staff disagrees with the appellant's contention that the station results in
"visual blight." In any event the City owes no duty to Appellant to insure
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Page 8, Item ~
Meeting Date 8/25/92
that any public or private land use is aesthetically pleasing to them. The
issue in question is the conformance of the structure with the applicable
architectural standards. It has been found to conform through the
administrative Design Review process.
5. APPELLANT: "The fmdings that the station will not (i) be injurious to adjacent
property or (il) adversely affect the General Plan (Planning Department letter dated
May 19, 1992) is specifically based on the erroneous assumption the use is
"temporary [in] nature," when in fact the use will be for a minimum of five years".
Response:
The fire station, although not a desirable use to the Appellant, has not
been demonstrated to be injurious, in a physical sense, to their property.
This use is far less intense than other land uses permitted on the property.
It produces far fewer vehicle trips than other permitted land uses.
Rather than being contrary to the General Plan, this station is in
conformance with the Public Facilities Element for reasons presented
under the ANALYSIS section of this report.
6. APPELLANT: "The Fire Department's C.D.P. application describes the lot area as
4.73 acres; but only a small percentage of the land is planned for landscaping,
thereby creating a weed patch of indefmite (but not less than five-year) duration",
Response:
The portion of the site not occupied will be maintained by the EastLake
Development Company per agreements between them and the City and as
required by Chapter 8.32 of the Municipal Code for weed abatement.
7. APPELLANT: "The City unnecessarily exposes itself to an inverse condemnation
action by affected adjacent landowners".
Respouse:
There is no basis for City liability in inverse condemnation. The City's
location or use of the facility does not result in a taking of a property right
held by appellant, even though the use is considered undesirable by them.
8. APPELLANT: "Approval of the C.D.P. at issue reverses Chula Vista's history of
visionary planning, construction of municipal buildings which enhance the
environment and application to itself of the same high architectural standards
adherence to which it demands of citizens" .
Response:
The City has applied design review and conditional use permit regulations
to this project as it would to any project of this nature and type at this
location.
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Page 9, Item ~
Meeting Date 8/25/92
ORDINANCE REQUIRED FINDINGS:
1. That the proposed use at the 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 will contribute to the safety and welfare of the community by
improving the currently available fire services and response time within the
eastern territories and provide a facility in close proximity to the intended service
areas.
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 interim use of the subject site as a fire station will not detrimentally affect
the health, safety or welfare of persons residing or working in the vicinity or be
injurious to property or improvements in the vicinity in that:
1. The proposed use is temporary and Class 3 (c) Categorical Exemption per
CEQA;
2. There are public facilities that are adequate to handle future area growth;
and
3. The fire station is necessary for the protection of persons and property in
the vicinity of the site.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The proposed use complies with Section VI.O.2.1 of the EastLake I Planned
Community District Regulations for the BC-l wne and pertinent Municipal Code
requirements in that this is a temporary use compatible with surrounding uses,
and any construction or grading work will be done in compliance with the
regulations of the City of Chula Vista.
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 govermnent agency.
The temporary use of the site as a fire station facility will not adversely affect the
General Plan of the City of Chula Vista in that it will implement provisions of
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Page 10, Item &
Meeting Date 8/25/92
Section 2.1 of the Safety Element of the General Plan and any other applicable
element of the General Plan.
5. That the granting of this conditional use permit complies with the Subdivision Map
Act.
Based on Section 66428 of the Subdivision Map Act, public policy does not
require the processing of a parcel map under such circumstances as exists in this
case for the following reasons:
A. This parcel is part of a prior land division which has adequate public
facilities and complies with appropriate design.
B. The City reserves adequate regulatory authority through the conditional
use permit process.
C. The remainder portion of the site will be maintained by EastLake as
required by the agreements between EastLake and the City, and by the
weed abatement program (Chapter 8.32 of the Municipal Code).
FISCAL IMPACT: Not applicable.
(fireat&t)
t~'ID
RESOLUTION NO. -' b 152.
A RESOLUTION OF
THE CITY OF CHULA VISTA CITY COUNCIL
GRANTING A CONDITIONAL USE PERMIT TO
CONSTRUCT AND OPERATE AN INTERIM FIRE
STATION AT THE SOUTHWEST CORNER OF
LANE AVENUE AND FENTON STREET
WHEREAS, a duly verified application for a conditional use
permit was filed with the Planning Department of the City of Chula
vista on May 8, 1992 by the Chula vista Fire Department; and
WHEREAS, said application requested a conditional use permit
to allow an interim fire station; and
WHEREAS, the Planning Commission held a public hearing on July
8, 1992 and voted 6-to-0 to approve said Conditional Use Permit;
and
WHEREAS, the Planning Commission's decision was appealed by
California Land Associates; and
WHEREAS, the City Council set the time and place for a hearing
on said conditional use permit application and notice of said
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 within an area of 500 feet radius of the exterior
boundaries of the property at least ten days prior to the hearing;
and
WHEREAS, the hearing was held
advertised, namely 6:00 p.m., July
Chambers, 276 Fourth Avenue, before
hearing was thereafter closed.
at the time and place as
21, 1992 in the Council
the City Council and said
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as
follows:
1. That the proposed use at the location is necessary or
desirable to provide a service or facility which will
contribute to the qeneral well beinq of the neiqhborhood
or the community.
The proposed use will contribute to the safety and
welfare of the community by improving the currently
available fire services and response time within
the eastern territories and provide a facility in
close proximity to the intended service areas.
2. That such use will not under the circumstances of the
particular case, be detrimental to the health, safety or
qeneral welfare of persons residinq or workinq in the
"1 .1. I~'II
Resolution No.
Page 2
vicinity or injurious to property or improvements in the
vicinity.
The interim use of the subject site as a fire
station will not detrimentally affect the health,
safety or welfare of persons residing or working in
the vicinity or be injurious to property or
improvements in the vicinity in that:
1. The proposed use is temporary and a Class 3(c)
categorical Exemption per the California
Environmental Quality Act;
2. There are public facilities that are adequate
to handle future area growth; and
3. The fire station is necessary for the
protection of persons and property in the
vicinity of the site.
3. That the proposed use will comply with the regulations
and conditions specified in the code for such use.
The proposed use complies with Section VI.O.2.I of
the EastLake I Planned Community District
Regulations for the BC-1 zone and pertinent
Municipal Code requirements in that this is a
temporary use compatible with surrounding uses, and
any construction or grading work will be done in
compliance with the regulations of the City of
Chula vista.
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 government agency.
The temporary use of the site as a fire station
facility will not adversely affect the General Plan
of the City of Chula Vista in that it will
implement provisions of Section 2.1 of the Safety
Element of the General Plan and any other
applicable element of the General Plan.
5. That the granting of this conditional use permit complies with
the Subdivision Map Act.
Based on Section 66428 of the Subdivision Map Act, public
policy does not require the processing of a parcel map
under such circumstances as exists in this case for the
following reasons:
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P<<solution No.
Page 3
A. This parcel is part of a prior land division which
has adequate public facilities and complies with
appropriate design.
B. The city reserves adequate regulatory authority
through the conditional use permit process.
C. The remainder portion of the site will be
maintained by EastLake as required by the
agreements between EastLake and the City, and by
the weed abatement program (Chapter 8.32 of the
Municipal Code).
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby denies the
appeal by California Land Associates and adopts this resolution
granting Conditional Use Permit, PCC-92-40, subject to the
following conditions:
1. Any changes to the proposed site plan and/or building
architecture shall be subject to approval by the Director
of Planning prior to issuance of building permits.
2. A "no-fee" construction permit is required for
construction of the driveway approach in the street
right-of-way.
3. If the exemptions in the grading ordinance are not met,
the developer is required to obtain a "no-fee" grading
permit.
4. This permit shall be subject to any and all new,
modified, .or deleted conditions imposed after adoption of
this resolution to advance a legitimate governmental
interest related to health, safety or welfare which 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 can not,
in the normal operation of the use permitted, be expected
to economically recover.
5. This conditional use 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 condition of approval shall cause this permit to be
reviewed by the city for additional conditions or
revocation.
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Pasolution No.
Page 4
That a copy of this resolution be transmitted to the applicant
and the City Council.
Presented by
~t A. Lei r
~~tor of Planning
c./lZ- .rz..
Bruce M. Boogaard
City Attorney
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