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HomeMy WebLinkAboutPlanning Comm Reports 2004/08/18 (2) PLANNING COMMISSION AGENDA STATEMENT Item: .L Meeting Date: 8-18-2004 ITEM TITLE: Public Hearing: Consideration of modification of a Conditional Use Pennit, PCC-04-058, for Costco Wholesale to expand an existing gas station from three islands to four islands at 1190 Broadway. Costco is requesting pennission to expand an existing gas station at 1190 Broadway. The project will consist of the expansion of the station from three to four islands, along with the renovation of the canopy, bringing it into a more consistent design with the Costco warehouse. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was covered in a previously adopted Mitigated Negative Declaration IS-03-024. The Environmental Review Coordinator has detennined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, 1S-03-024 (see Attachment 4). BACKGROUND: The site for this seryice station is in the southeast corner of a 3 I-acre site which is presently being rebuilt to accommodate a new Costco, a WalMart and a group of pad bui ldings around the periphery of the site. The Design Review application for the rest of the site was approved on October 20, 2003. Circulation onto the entire site will be provided via three driveways from Broadway and two driveways each from Oxford and Naples Streets. The commercial center will incorporate amenities such as enhanced paving at the main entries ofWalMart and Costco and a central pedestrian median from the main entry drive to the Costco entrance, where patrons are greeted by a covered outdoor food court. The architecture of the buildings on site incorporates columns, metal canopies throughout the project, and a hip roof for the WalMart store as viewed from the parking lot. The dominant portion of the WalMart fa<;ade is the entry element, supported by columns and a metal canopy. To help reduce the big box look, the parapets at all sides of the Wal-Mart have been articulated with offsets and a flat tower element, and trellises have been provided on three sides to integrate pedestrian scale. The Costco east elevation incorporates a lower main entry feature, supported by equally-spaced columns which wrap around to the south elevation. Part of this canopy is the exterior food service with the food preparation area as a smaller element to help break up the mass. The seating area is Page 2 , Item: Meeting Date: 8-18-2004 located outside but is protected from the weather by the canopy. The color pallet consists ofrich shades of tan, copper and dark bronze with red as an accent color. In order to place this seryice station in context, staff will make a brief presentation regarding the redevelopment of the entire site to the Planning Commission. RECOMMENDATION: That the Planning Commission adopt Resolution PCC-04-058 approving the proposed addition to the existing gas station, subject to conditions therein, and approve the Environmental Review Coordinator's addendum to Mitigated Negative Declaration IS 03-24 Broadway Plaza. DISCUSSION: I. Site Characteristics The project site is located at 1190 Broadway, the Broadway Plaza Shopping Center, currently under construction to expand and relocate the existing Costco Wholesale. Located at the southeast comer ofthe parcel, the existing facility was constructed approximately four years ago. The applicant's intent is to rebuild the renovated facility in exactly the same spot, although it expands slightly to the north, being somewhat larger. The parcel is bordered by existing commercial developments to the east, south, west and north, being completely surrounded by a well-developed shopping area. 2. General Plan. Zoning and Land Use The project is located in the Central Commercial C-C zone, and has a General Plan Land Use Designation ofComrnercial Retail C-R. The following table specifies the types ofland uses surrounding the project site: General Plan Zoning Current Land Use Site: North: South: East: West: CC-Central Commercial CC-Central Commercial CC-Central Commercial CC-Central Commercial CC-Central Commercial CC CC CC CC CC Gas Station Retail Commercial Retail Commercial Retail Commercial Retail Commercial 3. Proposal Costco Wholesale proposes to reconstruct a gas station facility, expanding it frorn three to four islands, on the southeast corner of their main shopping complex located at 1190 Broadway. This facility is proposed as part of their complex, physically separate from their store facility but blending into their overall site and for the exclusive use of their customers. Page 3, Item: Meeting Date: 8-18-2004 Traffic into the gas station will be through the main parking area for the shopping center, with no direct access from Broadway. The proposed renovation increases the number of fueling stations to sixteen and improves stacking distance. It is intended that the expansion wi1l a1low quick and better seryice to customers as well as providing improved access and circulation. The existing canopy at the gas station wi1l be renovated and new materials will be added to match the existing warehouse design. (see Site Plan of Attachment 2). ANALYSIS: In accordance with Section 19.14 of the Chula Vista Municipal Code, a Conditional Use Pennit approved by the Planning Commission is required for all modifications of such uses as were origina1ly approved by the Planning Commission. Since gas stations are generally approved by the Planning Commission, and since this specific fueling facility was similarly approved, it was detennined that this remodel should also be approved by the Planning Commission. The site plan indicates that access and vehicle stacking has been successfully handled, with space for at least thirty vehicles to await fueling, while sixteen vehicles are at the pumps. Access to those waiting and pumping locations is from the interior ofthe adjacent Walmart site, although the intent is that only present Costco Wholesale customers wi1l be seryed. A detailed analysis of the Traffic/Circulation issues has been presented in the Addendum to the Final Mitigated Negative Declaration IS-03-024, (see Attachment 4) The facility's present location on the southeast corner of the site will be maintained, while the proposed installation of new equipment will be incorporated into a slightly larger fueling facility. It is believed that landscaping materials wi1l successfu1ly reduce visibility ofthis installation. Completely surrounded by other commercial uses, this fueling facility is idea1ly located and convenient for customers. The remodeled fueling facility will provide an increased amount of necessary and desirable service to the residents and businesses ofChula Vista. The updated structure will provide both a useful and attractive feature on this site and every effort has been made to screen this fueling station from passers-by behind extensive landscaping, an asset unlikely to be realized by other, similar uses. This is primarily because access does not have to be directly from the thoroughfare, its customer base being restricted to members of Costco. The increased fueling capacity will not be detrimental to the health, safety or general welfare of customers, the surrounding residents or general public, and will actua1ly provide an increase in the numbers of people who can be served, thereby reducing lines and potential 'wait' times. The proposed use is consistent with the general plan of the city. According to the Montgomery Specific Plan, much urban development will take place in the southern portion of the City and it is a goal of said Area Plan to accommodate and regulate such development. This proposed fueling Page 4 , Item: Meeting Date: 8-18-2004 facility will help accommodate the needs of residents throughout the South Bay, as well as the western portion of the City and it is generally a passive use and therefore will not adversely affect the policy and goals of the General Plan. Issuance of a Conditional Use Pennit will be in compliance with all municipal codes, if adherence to the attached conditions of approval occurs. CONCLUSION: Staff believes that this request meets the findings required for its granting and recommends approval of the proposed conditional use pennit in accordance with the attached Planning Commission Resolution. Attachments 1. Locator Map 2.. Planning Commission Resolution pee 04-58 3. Planning Commission Rcsolution pee 99-06 datcd 2/24/99 4. Draft Addendum to MND 5. Project Plans (Site Plan, Elevations) J :\Planning\ANN\PCC\Staff Reports\PCC04058.StfRpt.doc ATT4cH,I,1(;.JVT L RESOLUTION NO. PCC-04-058 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT, PCC-04-058, TO REMODEL AN EXISTING GASOLINE SERVICE STATION 1190 BROADWAY- COSTCO WHOLESALE WHEREAS, on May 6, 2004 a duly verified application for a Conditional Use Pennit (PCC-04-058) was filed with the City Of Chula Vista Planning and Building Department on behalf of Costco Wholesale ("Applicant"); and WHEREAS, said application requests pennission to remodel and rebuild an existing gasoline service station on the Project Site ("Project"); and WHEREAS, the area of land owned by Costco Wholesale is the subject matter of this resolution, and is represented in Exhibit A attached hereto and incorporated herein by this reference; and for the purpose of general description is 3,840 square feet of property at 1190 Broadway, with a land use designation of Central Commercial (CC); and WHEREAS, the original Conditional Use Pennit allowing installation of a gasoline service station at this location was approved at a public hearing before the Planning Commission; and WHEREAS, this application to remodel the seryice station facility must also be approved at a public hearing before the Planning Commission; and WHEREAS, the proposed use is compatible with the existing uses on the Project Site and meets all the development standards of the zone; and WHEREAS, the proposed Project will be desirable and necessary as a public convenience by providing gasoline to the residents of Chula Vista; and WHEREAS, the Environmental Review Coordinator has reviewed the proposal for compliance with the California Environmental Quality Act (CEQA) and has detennined that the Project was covered in previously adopted Mitigated Negative Declaration IS-03-024. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, IS-03-024; and WHEREAS, the Planning Commission does hereby find that the environmental determination of the Environrnental Review Coordinator was reached in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. Resolution PCC 04-58 Page 2 WHEREAS, the Planning and Building Director set the time and place for a hearing on said conditional use pennit 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 and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 18, 2004 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use pennit application, the Planning Commission voted to approve the conditional use pennit; and, WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use pennits, as herein below set forth, and sets forth, there under, the evidentiary basis that pennits 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 is necessary and desirable to provide sales of gasoline to customers of Costco Wholesale. The additional fueling stations will eliminate waiting times for custorners and will prevent a buildup of vehicles, which could negatively affect the function of the Costco parking lot. 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 will not be detrimental to the health, safety or general welfare to the general public, or be injurious to property or improvements in the vicinity. The design of this proposal reduces the impact that the site may potentially have by screening the facilities with acceptable landscaping materials. The facility will operate quietly and nonnally does not emit fumes, smoke, dust, or objectionable odors. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This granting of this conditional use pennit PCC-04-058 is conditioned to require the pennittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. Currently, that Ordinance generally allows new fueling facilities in commercial zones, but requires a conditional use pennit. Therefore, this addition to the previously-constructed seryice J: IPlanninglANNIPCCIResolutions IPCC0405 8 .RESO. doc Resolution PCC 04-58 Page 3 station also requires a conditional use pennit. This proposed use is to be built in such a way that complies with all City zoning and building regulations. Furthennore, the conditions of this pennit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and of a nature and scope related to the size and impact of the Project. 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 granting of this permit will not adversely affect the Chula Vista General Plan in that said Project is a retail sales activity that will not adversely affect the policy and goals of the General Plan. The proposed use is to be built in a location with minimal impact on the already existing land uses, and there is virtually no visual impact on the existing area due to the extensive landscaping incorporated into the Project Site. NOW, THEREFORE, BE IT RESOLVED THAT, the Planning Commission of the City of Chula Vista grants Conditional Use Pennit PCC-04-058 subject to the following conditions, whereby the Applicant and/or property owners shall: PLANNING & BUILDING DEPARTMENT CONDITIONS 1. Construct and maintain the Proj ect as shown or described in conceptual plans, applications, elevations, photo simulations and other exhibits submitted for review at the Planning Commission public hearing. 2. Obtain all required building permits in compliance with the 2001 Energy, Handicapped Accessibility, California Building Code, California Plumbing Code, California Mechanical Code and California Electrical Code requirements, as well as all conditions of approval of the City of Chula Vista Fire and Engineering Departments. 3. Failure to maintain the Project Site to the satisfaction of the Director of Planning and Building shall be grounds for revocation of this Conditional Use Pennit. 4. 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 confonn to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 5. This project shall comply and remain in compliance with the conditions ofDRC-04-01. ENGINEERiNG DIVISION CONDITIONS 6. No new structures shall be allowed within the existing stonn drain easement. 7. The applicant is required to comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. J: IPlanninglA NNIPCCIResolutions IPCC040S 8. RESO .doc Resolution pee 04-58 Page 4 8. The applicant is required to implement Best Management Practices (BMPs) to prevent pollution of the stonn water conveyance systems, both during and after construction. Pennanent stonn water requirements shall be incorporated into project design and shall be shown on the plans. Any construction and non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 9. The City ofChula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal Pennit, Order No. 2001- 01. According to said Pennit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 10. Development of the project shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) pennit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the applicant shall file a Notice of Intent (NOl) with the State Water Resource Control Board to obtain coverage under the NPDES General Pennit for Storm Water Discharges Associated with Construction Activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for the maintenance of post- construction control measures. II. The applicant is required to identify stonn water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants from entering the stonn drainage systems. 12. A water quality study wi1l be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Pennits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements with the first submittal of grading! improvement plans, in accordance with the City's Manual. CHULA VISTA ELEMENTARY SCHOOL DISTRICT CONDITIONS 13. Pay all appropriate school fees. STANDARD CONDITIONS 14. The conditions of approval for this pennit shall be applied to the subject property until such time that the conditional use pennit is modified or revoked, and the existence of this use pennit with approved conditions shall be recorded with the title of the property. Prior J: IPlanninglA NNIPCCIResolutions IPCC0405 8. R ESO .doc Resolution PCC 04-58 Page 5 to the issuance of the building pennits for the proposed unit, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. 15. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit 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 reseryed right/condition, may not impose a substantial expense or deprive Pennittee of a substantial revenue source which the Pennittee cannot, in the nonnal operation of the use pennitted, be expected to economically recover. 16. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this pennit to be reviewed by the City for additional conditions or revocation. 17. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use pennit. 18. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Planning Commissioners, officers, employees, agents and representatives, /Tom 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 (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 herein, and (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from emissions by the facility of energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use pennit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use penn it and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 19. This Conditional Use Pennit shall become void and ineffective ifnot utilized or extended within the time allotted in Section 19.14.260 of the Municipal Code. 20. Any violations of the tenns and conditions of this pennit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 21. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use pennit. J: IPlanninglANNIPCCIResolutions IPCC0405 R. R ESO .doc Resolution PCC 04-58 Page 6 EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 22. 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 returned to the City's Planning and Building Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document wi1l also be on file in the City Clerk's Office. Signature of Property Owner Date Signature of Applicant Date CONSEQUENCE OF FAILURE OF CONDITIONS 23. If any of the foregoing conditions fails to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify an approvals herein granted, deny, or further condition issuance of an future building pennits, deny, revoke, or further condition an 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 pennit may also result in the imposition of civil or criminal penalties. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. INVALIDITY; AUTOMATIC REVOCATION 24. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the pennit shan be deemed to be automaticany revoked and of no further force and effect ab initio. J: \Planning IANNIPCCIReso lutions \PCC040S 8 .RESO .doc Resolution PCC 04-58 Page 7 BE IT FURTHER RESOLVED that all conditions contained in the previously approved use pennit for this site (PCC 99-06) shall remain in full force and effect except for those provisions which are inconsistent with the provisions found in this resolution. BE IT FURTHER RESOLVED that the Planning Commission hereby approves the Environmental Review Coordinator's "Addendum to Final Mitigated Negative Declaration IS 03-24 Broadway Plaza" dated July 21, 2004. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 18th day of August, 2004, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Steve Castaneda, Chair ATTEST: Diana Vargas, Secretary Attachment "A" - Locator Map J: IPlanninglANNIPCCIReso lntions IPCC040S 8 .RESO .doc 4TT,4CH/1-tEIJ7 .~ RESOLUTION NO. PCC 99-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION - . APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A FUELING FACILITY AT 1144 BROADWAY IN THE CT (THOROUGHFARE COMMERCIAL) ZONE. WHEREAS, a duly verified application for a conditional use permit was submitted on July 29, 1998 by Costco Wholesale; and WHEREAS, said application requests approval of a conditional use permit to a1!ow the construction and operation of a fueling facility at 1144 Broadway; and WHEREAS, the Environmental Review Coordinator has conducted an Initial Study IS 99-03 of possible environmental impacts associated with this project, and is recommending adoption of the Negative Declaration issued on IS 99-03; and WHEREAS, on October 5, 1998 the Resource Conservation Commission voted 5-0 recommending adoption of the Negative Declaration issued on IS 99-03; and WHEREAS. on November 16, 1998 the Design Review Committee voted to conditiona1!y approve the architecture of the proposed project; and WHEREAS, the Planning Director set the time and place for a hearing on said special use pennit 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 and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely December 16, 1998 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the hearing was continued to January 27, 1999 in order for staff and the applicant to resolve site planning issues; and WHEREAS, the Planning Commission meeting of January 27, 1999 was canceled and continued to February 3, 1999; and WHEREAS, on February 3, 1999, the public hearing was opened and continued to the meeting of February 24, 1999; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby find, detennine, resolve, and order as fo1!ows: Planning Commission Resolution PCC 99-06 Page 2 I. Findings. 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 automated fueling facility will provide a necessary anu desirable seryice by providing a convenient fueling facility for Costco members, who will be able to shop and fuel their vehicles in one trip. Furthermore, with the one-way traffic patterns and the electronic transactions, Costco members are able to quickly refuel and continue on to park in the main parking lot and shop at the warehouse. 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 project will be subject to pennitting by the San Diego Air Pollution Control District and by the San Diego County Department of Environmental Health, as well as local permitting requirements for the underground tank and piping system. The facility wi11 be constructed according to applicable building code requirements. The project exceeds the Municipal Code parking requirements in terms of the number of parking spaces that are provided. Any potential visual impacts are mitigated by the fact that there is adequate landscaping provided along Broadway. In addition, no traffic related impacts are anticipated from the proposed project because adequate stacking room is provided within the facility and the level of service on Broadway will not be reduced. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The facility is required to comply with the regulations of the Municipal Code, and in any case where it does not comply, this Conditional Use Permit is subject to modification or revocation. The Planning Commission does hereby find that the conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. 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. Granting of this Conditional Use Permit will not affect the City of Chula Vista General Plan. II. Conditional Grant of Permit; Conditions In light of the above findings, the Planning Commission hereby grants approval of the pennit subject to the following conditions: Planning Commission Resolution PCC 99-06 Page 3 A. Construct the Project as described in the application, except as modified herein or by the Design Review Committee. B. One on-site attendant shall be required at all times in order to enforce the single direction flow of traffic and be otherwise available in the event of an emergency as well as provide assistance to customers as needed C. Comply with all City ordinances, standards, and policies except as otherwise provided in this resolution. Any violation of City ordinances, standards, and policies, or any condition of approval of this Conditional Use Permit or any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. D. The project will be subject to all requirements and conditions of approval of the Design Review Committee DRC 99-08 regarding the architectural design of the facility as outlined in letter to applicant dated November 17, 1998. E. Comply with aU requirements of the Chula Vista Building Division including the following: I. Structural plans and engineering calculations must be stamped/signed by Civil/Structural Engineer. 2. Obtain a building permit for the fueling facility. 3. Obtain a separate building permit for any signage proposed. F. Comply with the City's Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify this Conditional Use Permit. G. Applicant/operator shaU hereby agree to indemnify, protect, defend and hold harmless the City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and cost, including court costs and attorneys' fees (collectively, "liabi1ities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of the 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 herein, and,(c) Applicant's instaUation and operation of the facility pennitted hereby, including, without limitation. 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 the Applicant's/operator's successors and assigns. H. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit to advance a legitimate govermnental interest related to health, safety or welfare which the City shall impose after advance written notice to the Planning Commission Resolution PCC 99-06 Page 4 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. 1. Hours of operation shall be 5 a.m. to 10 p.m. Monday thru Friday and 8 a.m. to 8 p.m. Saturday and Sunday. J. Outdoor sound systems for music and/or paging are prohibited. K. Satisfy the following conditions to the satisfaction of the Chula Vista Fire Department I. Obtain a permit for installation of underground tanks. Complete form FPB-17 2. Provide cut sheet for tanks/equipment. 3. Provide approved fire extinguishers per UFC 1002 L. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.64.260 of the Municipal Code. M. Prior to issuance of building permits, sewer capacity fees will be required based on final building plans submitted. N. Comply with all requirements of the Crime Awareness Unit of the Police Department including scheduling a security evaluation of the site. Contact the Crime Prevention Unit at 691-5127. O. Prior to commencement of operation, applicant shall install and/or restripe employee parking spaces to the rear of the Costco warehouse facility. P. All Costco employees are required to park in designated employee parking spaces to the rear of the Costco warehouse. Said parking arrangement shall be enforced as outlined in memo dated October 14, 1998 from Jesse Sanchez, General Manager of Costco #405, Chula Vista. Q. Submit plans to the Sweetwater Authority for review prior to issuance of building permits. R. Submit a lighting plan of the employee parking area to the Zoning Administrator for review and approval prior to issuance of building permits. Planning Commission Resolution PCC 99-06 Page 5 S. Ensure that there is adequate stacking distance to accomodate a minimum of seven vehicles. IV. A copy of this resolution shall be transmitted to the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, [his 24th day of February, 1999, by the following vote, to-wit: AYES: NOES: ABSENT: Willett, Hall, Thomas, 0' Neill Ray, Tarantino ;JL~dZ4 John Willett, Chairperson A:TEST: . ./ ~--~ tL1.C~J Diana Vargas !) Secretary to Planning Commission H: IHOMEIPLANNINGVEFFlPCRESOlCOSTCOGA PALOMAR COMMERCE CENTER o TARGET SHOPPING CENTER PAlOMAR TROLLEY CENTER CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR C) SCALE: F!LE NUMBER: NORTH No Scale IS-03-024 j:\cherylcllocatorsllocators04Iis03024.cdr 08.11.03 Exhibit A - Location Map ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION 15-03-024 BROADWAY PLAZA PROJECT NAME: Costco Gasoline PROJECT LOCATION: 1190 Broadway PROJECT APPLICANT: Costco Wholesale CASE NO: PCC-04-058 DATE: July 21,2004 I. BACKGROUND Pursuant to the California Environmental Quality Act (CEQA) (State of California Public Resources Code Sections 21 000 - 21178), Final Mitigated Negative Declaration (MND) IS-03- 024 was prepared for the Broadway Plaza project, consisting of the redevelopment of the Broadway Plaza shopping center, located on the west side of Broadway between Naples Street and Oxford Street (Exhibit A - Location Map). No changes to the existing Costco Gasoline station located at I 190 Broadway were proposed as part of the Broadway Plaza project. The current proposal consists of the addition of a fourth pump island with two fuel dispensers to the Broadway Plaza Costco Gasoline station, increasing the number of fueling stations nom 12 to 16 (Exhibit B - Site P1an). The expanded self-serve gasoline station would continue to be accessible only to Costco Wholesale members. The existing underground fuel storage tanks would remain and no additional fuel storage tanks are proposed. The proposal requires Planning Commission approval of a modification to the existing gas station Conditional Use Permit, PCC- 99-06. The proposed gas station expansion would result in the elimination of the parking stalls situated immediately north of the gas station and south of the southernmost shopping center driveway on Broadway. Egress nom the gas station would continue to be through this parking area; the existing parking stalls and drive ais1e would be reduced to a one-way drive aisle only. The shopping center wou1d remain in compliance with the parking requirements of the Chula Vista Municipal Code with the proposed gas station expansion. The existing canopy covering the pump islands is proposed to be renovated and expanded to cover the additional pump islands; the maximum height of the renovated canopy wou1d be 17.5 feet. The canopy face is proposed to be replaced with metal siding to match the new Costco Wholesale warehouse to be constructed within the Broadway Plaza shopping center and CMU pilasters are proposed to be installed at the base of the existing and new columns. Addendum to Final MND 15-03-024 II. CEQA REQUIREMENTS Public Resources Code Section 21 166 addresses the preparation ofa subsequent environmental impact report when an environmental impact report has been prepared for a project and the prohibition to require a subsequent or supplemental environmental impact report unless specific events have occurred. Public Resources Code Section 21166 forms the basis for the fol1owing excerpt nom Section 15162 of the State CEQA Guidelines: (a) When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shaH be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more ofthe fol1owing: (1) Substantial changes are proposed in the project which wil1 require major revisions ofthe previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require rnajor revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise ofreasonable diligence at the time the previous EIR was certified as cornp1ete or the negative declaration was adopted, shows any of the fol1owing: (A) The project wiJ] have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined wiJ] be substantially rnore severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different nom those analyzed in the previous EIR would substantial1y reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or a1ternative. Addendum to Filla] MND 15-03-024 2 . " [I ~':'J5""'GC><<:>IE" . ~''''~~1" . r"~..~.~.~=.i-" "' .... "~~,,,,,,COI<""""'" if l .: ('../ ~_.- Jj""'. "@':: ! ! : /~'-'- lH ! I 1 i=~ -- - :1 I ~""~"-i"'~] I" 'i,' f~ =----.L- ----+J II I I I) II : I : I : . : (" -----1 i 111_18 1iI[jj;J1~: . I l__, ~__LlL, _ _ _ J: 1'1' I I I I i I i I "0 .:)!/ II...... _'1 _.. _.. _.. ~/ .-- " " 1 iJIIIJ101100 " " 0>- m " -0 m e !D 1 <JJ ~ ~ . " " ....1-. --------------- Oxford Street EXISTING SITE PLAN $ . ~ '"' 211 ~ ~ I . . " . ~~ ~- 1 Q ,---;, J' ""8 O. ! N ~ ~ 'j -.- J' Q ; J' 0>- m " -0 e !D . . ", -1 ( I ! <D", O~ -------------------- r-m- q f-----, I -1' -, ,~. """~ , , , , , , , , , , , , J' ' l-~-': --01 I' -,-Q,;-.,-- ~) .J/ _" _.. - II _.. _.. _..~, ~ ~-------------~-----------------~--------- Q..-.-------.------j. ------------______1- J' ""III 0'" J' fm-- . L____:! I -, __J I J' "" 8 O~ <!) ~ 'l, . Oxford Street PROPOSED SITE PLAN r1J\ ,,.. N wrH--i ~ I COSTCO GASOLINE Exhibit B - Site Plan (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shan prepare a subsequent EIR if required under subsection (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. Pursuant to Section 15164 of the State CEQA Guidelines, an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 caning for the preparation of a subsequent EIR or negative declaration have occurred. III. ANALYSIS Traffic/Circulation To assess the potential traffic/circulation impacts of the Broadway Plaza project, a traffic impact analysis was prepared by Kittelson & Associates, dated July 2003, a copy of which is available for review at the Planning and Building Department; the results ofthis analysis were summarized in MND 1S-03-024. No significant traffic/circu1ation impacts were identified in the traffic impact analysis or in MND 1S-03-024; therefore, no mitigation measures were required. A memorandum updating the July 2003 traffic impact analysis to address the proposed gas station expansion was prepared by Kittelson & Associates, dated December 18, 2003; this memorandum is available for review at the Planning and Building Department and is summarized below. The July 2003 traffic impact analysis prepared for the redevelopment of the Broadway Plaza shopping center used a trip generation rate for the new Costco Wholesale warehouse based on existing Costco Wholesale warehouses with gas stations; the rate used in the analysis is 40 percent greater than the rate provided in the Institute of Transportation Engineers' Trip Generation manual (6th Edition) for membership warehouses. The trip generation rate used in the July 2003 analysis for the new larger Costco Wholesale warehouse and the existing Costco Gasoline station accounted for an increase in gas station trips; a significant increase in trip generation beyond that already analyzed is not anticipated to result nom the proposed gas station expanSIOn. Both shopping center driveways next to the gas station are forecast to operate at fevel of service (LOS) C with the previously approved redevelopment of the shopping center. The major intersections of Naples Street and Oxford Street with Broadway are also forecast to operate at LOS C and would not experience any significant degradation with the proposed gas station expansion. Therefore, excess capacity is forecast to exist at both shopping center driveways next to the gas station and at the major intersections of Naples Street and Oxford Street with Broadway. The proposed gas station expansion would increase the vehicle storage capacity at the station, thereby reducing congestion associated with customers entering and exiting the station. Noise Significant noise impacts associated with short-tenn demolition and construction activities. loading dock activities, delivery trucks, rooftop equipment, and directional speakers were Addendum to Final MND IS-03-024 3 identified in MND IS-03-024. The noise mitigation measures pertaining to construction and delivery trucks in MND IS-03-024 are applicable to the proposed gas station expansion. No new or more severe noise impacts beyond those identified in MND IS-03-024 would result from the gas station expansion; therefore, no additional mitigation measures would be required. Air Qualitv Significant short-term air quality impacts during construction were identified in MND IS-03-024. The proposed gas station expansion would not substantially expand the limits of construction and would not result in any air quality impacts that could not be mitigated to below a level of significance through the implementation of the air quality rnitigation rneasures in MND IS-03- 024. Therefore, the proposed gas station expansion would not result in any new or more severe air quality impacts beyond those identified in MND IS-03-024. Hazards Potentially significant hazards impacts associated with the demolition of structures containing asbestos and lead-based paint were identified in MND IS-03-024. To rnitigate this impact to below a level of significance, MND IS-03-024 requires asbestos and lead-based paint abatement in accordance with all applicable local, state and federal laws and regulations. The proposed gas station expansion would not result in the demolition of any structures containing asbestos or lead-based paint. The addition of two fuel dispensers to the existing gas station would be implernented in accordance with all applicable health and safety regulations and no new fuel storage tanks are proposed; therefore, the proposal would not result in any potentially significant hazards impacts. Therefore, the proposed gas station expansion would not result in new or rnore severe potentially significant hazards irnpacts beyond those identified in MND IS-03-024. Mitigation Measures Because no new or more severe environmental impacts beyond those identified in MND IS-03- 024 would result nom the proposed gas station expansion, no new mitigation measures or modifications to the mitigation measures contained in Final MND IS-03-024 are required. IV. CONCLUSION This addendum identifies the proposed expansion ofthe Broadway Plaza Costco Gasoline station and describes the City's reasoned conclusion that pursuant to CEQA Guidelines Section 15162 the preparation of a subsequent negative declaration, mitigated negative declaration, or EIR is not required. This conclusion is based upon the following findings: (1) No substantial changes are proposed in the project which will require rnajor revisions of the previous mitigated negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Addendum to Final MND !S-03-024 4 (2) No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous mitigated negative dec1aration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) No new information of substantial irnportance, which was not known and cou1d not have been known with the exercise ofreasonable diligence at the time the previous mitigated negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous mitigated negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous mitigated negative declaration; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasib1e and wou1d substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different nom those analyzed in the previous mitigated negative declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation rneasure or alternative. Therefore, in accordance with Public Resources Code Section 21166 and State CEQA Guidelines Section 15164, this addendurn to Final MND IS-03-024 has been prepared to address the proposed expansion of the Broadway Plaza Costco Gasoline station. !r;~Jf}~~. Marilyn R. F. Ponseggi Environmental Review Coordinator References: Memorandum dated December 18, 2003, nom Christopher Stanley and Jerilyn Wen, Kitte1son & Associations, Inc., to Dave Kaplan, City of Chula Vista, updating the July 2003 Broadway Plaza Shopping Center Redevelopment Transportation Impact Analysis. Addendum to Final MND IS-03-024 5