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HomeMy WebLinkAboutPlanning Comm Reports 2004/08/20 ~\IIt- :-,- ----~ ~~~ CITY OF CHULA VISTA Department of Planning and Bu.ilding Date: August 20, 2004 From: Chairperson and Members of the Planning Commission Stan Donn, Associate Planner Sj) To: Subject: Costco Gas expansion at 1190 Broadway, PCC 04-58 The proposed gas station Conditional Use Permit modification was presented to the Planning Commission on August 18,2004 for consideration. After hearing staffs presentation and public testimony, the commission voted to continue the project to the August 25, 2004 meeting and directed staff to address the following: 1. Is the project a new CUP or modification of the original CUP? 2. Prepare conditions to address queing and stacking that may impact Oxford Street. 3. Provide the original CUP (PCC 99-06) staffreport and resolution. 4. Consider moving the Oxford Street easterly driveway further west. Response to item No.1 The project PCC 04-58 is a modification to the original PCC 96-06 to expand an existing gas station from three islands to four islands at 1190 Broadway. The resolution has been modified to reflect the actual request for modification to the original CUP. The original report and resolution are included for your information. Response to item NO.2 A condition has been added to require that prior to the issuance of building permits, to require the applicant to do the following: a) Retain an independent consultant at the applicant's cost to prepare a monitoring program to monitor and evaluate the gas station internal circulation and stacking, at 6, ]2 and 18 months intervals after final inspection of the Project. Also, agree to extend the traffic engineer contract to conduct yearly inspections as required by the City Engineer. b) A signed contract outlining the scope of a monitoring program shall be submitted to the City Engineer for review and approval. c} The applicant shall implement the recommendations of the monitoring program to the satisfaction of the City Engineer. PCC 04-58 Costco gas station expansion, 1190 Broadway August 20, 2004 p.2 Response to item No.3 The original CUP (PCC 99-06) was considered by the Planning Commission on December 16, 1998. After staffs presentation and public testimony, the Planning Commission requested that the applicant address certain issues and the item was continued to February 24, 1999. At the February 24th hearing, the issues pertaining to: 1) feasibility of relocating the proposed fueling station to the rear of the rear of the Costco warehouse, 2) adequacy of stacking analysis discussed in the traffic study and, 3) adequacy of available parking, which were addressed to the satisfaction of the Planning Commission, and consequently the CUP was approved, subject to conditions. The February 24, 1999 staff report and resolution are provided (See Attachment I). Response to item No.4 The applicant has indicated that the relocation of the gas station driveway further west would not be feasible because the commercial center's parking requirements are just met without any extra parking spaces. The driveway relocation would eliminate parking spaces for patrons to the center, and result in the site being underparked. Also, the relocation would require approval fTom Costco, WalMart and Kimco properties, which the applicant has indicated would be very difficult to obtain. Staff recommends approval ofthe proposed amendment to the previously approved Conditional Use Permit, PCC-96-06, to allow the construction ofthe gas station expansion adding one additional fuel dispensing island, subject to conditions in the previously approved Conditional Use Permit and the ones listed in the attached Planning Commission resolution. Attachments ]. PCC-99-06 Staff report and resolution J '\Planning\StanD\Mcmos & Routing Sheets\Broadway Plaza Casteo (i3S pee 04-58 Continuance Aug. 11.), 04.DOC "- ~.. PLANNING COMMISSION AGE~DA STATEMENT Item ~ Meeting Date 2/24/99 ITEM TITLE: Public Hearing: Conditional Use Permit PCC 99-06; Request to construct a gasoline fueling facility at Costco Warehouse at 1144 Broadway- Costco Wholesale On December 16, 1998 the Planning Commission held a public hearing on this item. Based upon public input and Commission discussion, the item was continued to the meeting of January 27, 1999. The continuance was in order to allow the applicant to address the following concerns: 1) feasibility of relocating the proposed fueling facility to the rear of the Costco warehouse, 2) adequacy of stacking analysis discussed in the traffic study {including a breakdown of anticipated gallons/week sold broken down by days, peak hotirs','etc., and 3} adequacy of available parking. The applicant has since requested the item be continued to the meeting of February 24, 1999. The Environmental Review Coordinator has conducted an ]nitial Study, (IS 99-03) and conduded that there wou1d be no significant environmental effects. He, therefore, recommends that the Negative Declaration issued on IS 99-D3 be adopted. RECOMMENDATION: That the Planning Commission adopt the Negative Dedaration prepared for ]S 99-03 and adopt Resolution PCC 99-06 conditionally approving the proposed fUeling facility. ANALYSIS: 1. Feasibility of on-site relocation of faci1i~v. Due to potential stacking problems associated with the proposed location of the fueling facility, the Commission requested the applicant work with staff to analyze locating the fueling facility to the rear of the Costco warehouse. Two scenarios were prepared by the applicant {Options 1 and 2, See Attachment 2}. Staff ruis reviewed both of these scenarios and determined that neither one is advisable. "Option 1 " has the potential for conflicts between customer ingress into the facility as wen as concerns Attachment 1 Page 2, Item No.:l Meeting Datc: 2/24/99 regarding on-site turning movements required to exit the facility. "Option 2" is not a viable option because it would greatly impact the existing loading dock area. Based upon the latest queue analysis of the existing Rancho dcl Rcy facility (conducted on January 7 & 9th, 1999), the applicant presented staff with a third location alternative (Option 3, See Attachment 2) in which the existing Oxford Street driveway would be relocated approximately 30 feet further west to accommodate additional on-sitc stacking. This relocation of thc driveway will result in the loss of an additional twelve parking spaccs. 2. Adequacv of Stackinl! Analysis' The traffic analysis prepared for the project (June 25, 1998) included a discussion regarding the amount of queue and associated stacking concerns. The study stated that there is approximately 120 feet of available stacking distance between the original1y proposed location of the pump islands and the Oxford Street driveway to the west. This distance al10ws for approximately sbc vehicle lengths. As part of this original traffic study, a queue analysis was conducted during peak hours on both a weekday (May 27, 1998) and weekend day (May 17, 1998) at the Rancho Del Rey C6stco. During this on-site analysis, the maximum queue at one of the pump positions was five on a weekday and three on a weekend. The traffic study concluded that the length of the queues anticipated at the Broadway fueling facility will be similar to the Rancho del Rey facility and will rarely impact the Oxford Street driveway. It further concluded that, even if this were to happen, it would not be a significant impact since Oxford Street is a relatively low volume roadway and does not extend westward to any street. At their meeting of December 16. 1998, the Planning Commission questioned the adequacy of the stacking analysis as presented in the traffic study (the Design Review Committee had expressed similar concerns). As a result, the Commission requested the applicant to provide information, including the number of projected ga1!ons of gasoline sold per week, broken down by day arid peak hour. The applicant responded by providing a generalizedTorecast for its Broadway facility (see Attachment 3). In this forecast, the applicant explains why they believe the volume of cars will be much less than at the Rancho de' Rey facility. Based upon the request by the Planning Commission, staff further requested the app'ticant to provide an additional daily Ipeak hour breakdown of the data. The applicant has indicated this data is not available. I . On Jartuary 4, 1999, the applicants traffic consultant met with City staff (including Traffic Enginehing) to discuss the issues which had been raised by the Commission at..their meeting of December 16, 1998. As a result of this meeting, the traffic consultant conducied a new queue analysi~ of the Rancho del Rey facility as part of a revised traffic study (February 10, 1999, see Attachment 5). This revised analysis indicates there were occasions when the queue exceeded six cars. The revised study further indicates, however, that based upon Costco's forecast of 4CO.OOO ~ . " Page 3, Item No.:..L Meeting Date: 2/24199 , g~o!ine saleslmonth, queues of about one-half of thosc obscrved at Rancho del Rey are anticipated at the Broadway facility. This equates to a maximum qucue length of four (4) vehicles. A follow up meeting was held with the applicant, their traffic consultant and City staff on February 3, 1999 to further discuss the projectcd project impacts and recommendations. As a result of these further discussions and information provided, the Traffic Engineering section now concurs with the applicant that the best location for the fueling facility is as originally proposed by the applicant. Traffic Engineering concurs with the applicant that the volume of vehicles will be significantly less than at the Rancho del Rey facility since: 1) there are a significantly largerO. number of gasoline stations in the vicinity of the Broadway Costco site than exist in the vicinity of the Rancho del Rey facility (and that some of the existing gas stations along Broadway offer lower prices than gas stations surrounding the Rancho del Rey facility); and 2) the volume of traffic along East "H" Street in the vicinity of the Costco facility is significantly higher than the traffic volume along Broadway. For example, 1998 traffic counts along Broadway between Oxford and Naples and between Oxford and Palomar Street were approximately 20,800 and 25,100 average daily trips (ADT's) respectively. On the other hand, 1988 traffic counts along East "H" Street between Paseo del Rey and Paseo Ranchero were approximately, 44,400 ADT's. The applicant has indicated that if the attendant present during peak hours is unable to control the queue to a point where cars are stacked onto Oxford Street, the applicant will initiate the relocation of the Oxford Street driveway further to the west. (It should be noted that the Planning Commission, at their meeting of December 16, recommended an attendant be present on site at all times (not just at peak hours)}. As mentioned earlier, a concern of staff is that this relocation of the driveway will result in the loss of twelv~ additional parking spaces. 3. Parking At the meeting of December 16, 1998, the Planning Commission discussed concerns raised i?Y representatives of Kids Warehouse regarding the'inadequacy o(parking existing on the site. As a result, staff was directed to further review th~parking availability on the site. The proposed project will result in the net loss of six parking spaces. However, the master parking analysis (see Attachment 6) indicates there is actually a net excess of 32 parking spaces availab'le in the overall center. This includes the parking located to the rear of the existing buildings, Forty five (45) employee parking spaces will be addedlrestriped directly behind the Costco warehouse. It should be further noted that the lack of pedestrian access doors at the rear of the existing businesses is detrimental to customer parking at the rear of the.. buildings. This problem was actually worsened as a result of the tenant improvements to the Kids Warehouse building which further impairs pedcstrian access to the rear of the existing Price Bazaar. Staff is recommending that a condition of approval of the project be that all Costco employees are -. Page 4, Item No.:L Meeting Date: 2/24/99 r~ired to park in the forty five (45) designated parking spaces to the rear of the Costco warehouse. These parking arrangements would be enforced as outlined in memorandum dated October 14, 1998 from the General Manager of the Costco facility on Broadway.(See Attachment 7) CONCLUSION Based upon the direction of the Planning Commission, staff has worked with the applicant to analyze a number of alternative locations for the proposed fueling facility at the subject site. In addition to alternative location options, the applicant has provided an updated queue analysis of vehicle stacking at the existing Rancho del Rey fueling facility. Based upon this review, and further discussions with the applicant, staff believes the best location for the proposed faciJity is that which was originally proposed by the applicant. Staff does not believe this will result in increased traffic congestion or stacking of vehicles onto Oxford Street. AtTachm~nt": 1. Planning Commission minutes and report of meeting dated December 16, 1998. 2. Optional locations 1,2 and 3 as presented by the applicant 3. Suppleml:nta] infonnation provided by applicant in response (0 Planning Commission concerns. 4. Negative Declaration issued for IS 99-03 5. Updated Traffic Study prepared by consultmt 6. Narrative of Parking Analysis 7. Memorandum regarding enforccme:1t of employee parking R. Ownership Disclosure Statement H:\SHAREDIPLANNING\JEFF\COSTCO.RPT '.. RESOLUTION NO. PCC 99-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECO:\-LvIENDL'iG APPROVAL OF A COI'mITIO:'IAL USE PERcvUT TO ALLOW THE CONSTRUCTION OF A FUELING FACILITY AT 1144 BROADWAY IN THE __:CT (THOROUGHFARE COl\IMERCIAL) 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 allow 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 conditionally approve the architecture of the proposed project; and WHEREAS, the Planning Director set the time and place for a hearing on said special 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 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 2Z, 1999 was canceled and continued to February 3, 1999; and .- WHEREAS, on February 3, 1999, the public hearing was opened and continued by the applicant !o 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, determine, resolve, and order as follows: 1. 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. I -.. .. - Rp~('\1I1t;nn prr qq_()(; P:1~f' ? The automated fueling facility will provide a necessary and desirable scrvice 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 thc particular case, be detrimcntal to the health, safety or general welfare of persons residing or working in thc vicinity or injurious to property or improvements in the vicinity. The project will be subject to permitting by the San Diego Air Pollution Control District and by the San Diego County DeparUTIent of Environmental Health, as well as local permitting requirements for the underground tank and piping system. The facility will 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 proposcd 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 Codc, 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 botll in nature and extent to the impact created by the proposed development. 4. That the granting of this conditional use pennit will not adversely affed 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 pennit; Conditions In light of the above findings, the Planning Commission hereby grants approval of the permit subject to the following conditions: 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 "2.. 'Rp<:.nhU;nn prr qQ_O'; P"21' , 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 ORC 99-08 regarding the architectural design of the facility as outlined in letter to applicant dated November 17, ]998. ......:~.. E. Comply with all requirements of me Chula Vista Building ~ivision including me foIJowing: I. Structural plans and engineering calculations must be stamped/signed by CiviJ/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 me Municipal Code noise standards, the City may revoke or modify this Conditional Use Permit. G. Applicant/operator shall hereby agree to indemnify, protect, defend and hold harmless the City, its Council members, officers, employees, agems and representatives, from and against any and all liabilities, losses, damages, demands, claims and cost, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of the Conditional Use Permit, (b) City's approvol 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. Applicam'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 aU of the Applicant's/operator's successors and assigns. H. This permit shaU be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and,after the City has given the Permittee the right to be heard witJ:1 regard thereto. However, the City, in exercising this reserved righe/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Pennittee 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, paging. ads or similar announcment.>.are prohibited. K. Satisfy the following conditions to the satisfaction of the Chula V ista Fire Department: I. Obtain a permit for installation of underground tanks. Complete form FPB-17 2. Provide cut sheet for t:!nks/equipment. 3. Provide approved fire extinguishers per UFC 1002. .3 R",,<:nl11f;nn 'Prr qqj)h P~m".d ~ - L. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordar.ce 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 pian of the employee parking area to the Zoning Administrator for review and approval prior to issuance of building permits. IV. A copy of this resolution shall be transmitted to the applicant. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNiNG COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of February, 1999, by the following vote, to-wit: AYES: NOES: ABSENT: ATTEST: ... John Willett, Chairperson Diana Vargas, Secretary H ;\SHARED\PLANNING\JEFF\COSTCO .RES <f RESOLUTION NO. PCC-04-058 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A MODIFICATION OF CONDITIONAL USE PERMIT PCC-99-06 TO EXPAND AN EXISTING GASOLINE SERVICE STATION FROM THREE ISLANDS TO FOUR ISLANDS AT 1190 BROADWAY- COSTCO WHOLESALE WHEREAS, on May 6, 2004 a duly verified application for a Conditional Use Permit (PCC-04-058) was filed with the City Of Chula Vista Planning and Building Department on behalf of Costco Wholesale ("Applicant"); 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 a 3,840 square feet parcel within a 31.33 acres commercial center at 1190 Broadway ("Project Site"); and WHEREAS, said application requests approval of a modification to the original Conditional Use Permit PCC-99-06 to add one additional fuel dispensing island for a total of four fuel dispensing islands at the existing the Project Site ("Project"); and WHEREAS, on February 24, 1999 the original Conditional Use Permit allowing construction and operation of a gasoline service station at the project site was approved by the Planning Commission, subject to certain conditions outlined in "Exhibit B" of this resolution; and WHEREAS, said gas station was constructed and is presently in operation as originally approved; and WHEREAS, the Environmental Review Coordinator has reviewed the proposal for compliance with the California Environmental Quality Act (CEQA) and has determined 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 Environmental 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. WHEREAS, the Planning and Building Director set the time and place for a hearing on said modification to previously approved conditional use permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in Resolution PCC 04-58 Page 2 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, the Planning Commission after hearing staffs presentation and public testimony continued the item by a vote (6-0-1 Cortez abstaining) to their August 25, 2004 regular hearing in order to allow staff and applicant time to resolve issues raised by the Commission at the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 25, 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 Project, the Planning Commission voted to approve the conditional use permit; 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 permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The automated fueling faciJity will provide a necessary and desirable service 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. The proposed additional fuel dispensing island (which requires a modification to the original use permit) is necessary and desirable to provide better service to customers of Costco Wholesale and eliminate waiting and prevent buildup of vehicles. 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 pernlitting 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 will be J: IPlanningIANN\PCC\Resolutions IPCC0405 8 .RESO (2 ).doc Resolution PCC 04-58 Page 3 constructed according to applicable building code requirements. The project meets 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. The design of this new proposal (which requires and amendment to the original use permit) reduces the impact that the site may potentially have by screening the facilities with acceptable landscaping materials. 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 Permit PCC-04-058 is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. This proposed use is to be built in such a way that complies with all City zoning and building regulations. Furthermore, the conditions of this permit 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. Granting of this Conditional Use Permit is consistent with the goals of the general plan and the underlying zoning and therefore wi11 not affect the City of Chula Vista General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby approves the modification (PCC-04-058) of use permit PCC 99-06, the conditions of which are stated below in their entirety: PLANNING & BUILDING DEPARTMENT CONDITIONS I. Construct and maintain the Project as shown or described in the newly submitted conceptual plans, applications, elevations, photo simulations and other exhibits approved by the Planning Commission. 2. 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. 3. 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. J: \PlanningIANNIPCC\ResolutionsIPCC0405 8. RESO (2 ).doc Resolution PCC 04-58 Page 4 4. 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 Permit. 5. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the Project shall conform to Sections 9.20.055 and 9.20.035 ofthe C.V.M.C. regarding graffiti control. 6. This project shall comply and remain in compliance with the conditions of DRC 99-08 and DRC-04-01. 7. Comply with all requirements of the Chula Vista Building Division including the following: a. Structural plans and engineering calculations must be stamped/signed by Civil/Structural Engineer. b. Obtain a building permit for the fueling facility. c. Obtain a separate building permit for any signage proposed. 8. 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. 9. 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. 10. Outdoor sound systems for music, paging, ads or similar announcments are prohibited. 11. Satisfy the following conditions to the satisfaction of the Chula Vista Fire Department, including but not limited to: a. Obtain a permit for installation of underground tanks. Complete form FPB-17. b. Provide cut sheet for tankslequipment. c. Provide approved fire extinguishers per UFC 1002. 12. Prior to issuance of building pemlits, sewer capacity fees will be required based on final building plans submitted. 13. Comply with all requirements of the Crime Awareness Unit of the Police Department including scheduling a new security evaluation of the site. Contact the City's Crime Prevention Unit. 14. All Costco employees (or employees of the business operating out of the building currently occupied by Costco) are required to park in designated employee parking spaces to the rear of the Costco warehouse. Said parking arrangement shall be enforced J: IPlanninglANNIPCCIResolutions IPCC0405 8 .RESO (2 ).doc Resolution PCC 04-58 Page 5 as outlined in memo dated October 14, 1998 fTom Jesse Sanchez, General Manager of Costco #405, Chula Vista. 15. If directed by the Zoning Administrator, prior to commencement of operation, applicant shall install and/or restripe employee parking spaces to the rear of the Costco warehouse facility. 16. Submit plans to the Sweetwater Authority for review pnor to Issuance of building permits. 17. Submit a lighting plan of the employee parking area to the Zoning Administrator for review and approval prior to issuance of building permits. ENGINEERING DIVISION CONDITIONS 18. Prior to the issuance of building permits the applicant shall: a. Retain an independent consultant at the applicant's cost to prepare a monitoring program to monitor and evaluate the gas station internal circulation and stacking, at 6, 12 and 18 months intervals after final inspection of the Project. Also, agree to extend the traffic engineer contract to conduct yearly inspections as required by the City Engineer. b. Submit a signed contract outlining the scope of a monitoring program to the City Engineer for review and approval, including yearly inspections. 19. Implement the recommendations of the monitoring program to the satisfaction of the City Engineer. 20. No new structures shall be allowed within the existing storm drain easement. 21. The applicant is required to comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 22. The applicant is required to implement Best Management Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm 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. 23. The City ofChula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal Pemlit, Order No. 2001- 01. According to said Permit, 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. J: IPlanning\ANNIPCC\Resolutions IPCC04US 8 .RESO (2 ).doc Resolution PCC 04-58 Page 6 24. 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) permit 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 (NO!) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm 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. 25. The applicant is required to identify storm water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants fTom entering the storm drainage systems. 26. A water quality study will be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, 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 27. Pay all appropriate school fees. STANDARD CONDITIONS 28. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. 29. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shal1 impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economical1y recover. J: IP lanninglANNIPCCIResolutions IPCC0405 8 .RESO (2 ).doc Resolution PCC 04-58 Page 7 30. This permit shall become void and ineffective if not utilized within one year fTom the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 31. Any deviation fTom the above noted conditions of approval shall require the approval of a modified conditional use permit. 32. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Planning Commissioners, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (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 fTom 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 permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 33. This Conditional Use Permit shall become void and ineffective if not utilized or extended within the time allotted in Section 19.14.260 of the Municipal Code. 34. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties andlor the revocation or modification ofthis permit. 35. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 36. 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 will also be on file in the City Clerk's Office. J: IPJanninglANNIPCCIResolutions IPCC0405 8. RESO (2) .doc Resolution PCC 04-58 Page 8 Signature of Property Owner Date Signature of Applicant Date CONSEQUENCE OF FAILURE OF CONDITIONS 37. If any of the foregoing conditions fails to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. INVALIDITY, AUTOMATIC REVOCATION 38. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that 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. J: IPlanninglA NNIPCCIResolutions\PCC040S 8. RESO (2 ).doc Resolution PCC 04-58 Page 9 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 25th day of August, 2004, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Marco Polo Cortez, Chair ATTEST: Diana Vargas, Secretary J: IPlanninglANNIPCC\Resol utionslPCC0405 8. RESO (2).doc J: IPlanninglANNIPCCIResolutions IPCC040 5 8.RESO (2 ).doc ffi ~~ -~,-.__.._...~_.- --- ~ .~. ._-~..~--- o ---- .. .. ~ .. . - . . -........... .. .. ""'-l' · """ - ~---- - / .... / - ",m .J.'JN.:J~).I-'I').~ ~ . . ~ ~ ''''-^ If . ~ .' ;:~ I <~~ I ~. ~~. '~ -i1: I' / ~--- ~ : n n J\ ,'Q. _0 n '- -' i} ,~,{) I' V V v ;a" - - v , .'"';"'~ J '_..-'.,.. >- '"' . ._=- _ ....:..:::_/1 I I \ ~ ~ i' 1 1 ~-:':::':':'/h'h'C'-: ~:: ~ ~ ~ : I' ,iQ: '$ ,1:1 "i:: ,,~~':: . "----=-r-- ----~, I I ....;,:; ~ I ! ---~-I ~ I ~ I I .q V V> ~ I I' :-::::1 ..?, 'I, I I V> ,-. ~~ I ,'~'f I I I ~ I ::nl I ~.L__~____~__! I I 2 1 _ ~ j ;~-~: --~:: : ~ 25 : ~~: I! I I I I ~ I~;:;; I .; I I I I 0.; :s; 1 :=:x: I t I I I I I J I ~ I :;: .~ I I I I ..... I.... 6"-;' I '0 '1~' I I I I 1'}P~~~A'=T":.l . ,= =1 ,= =1 I =1 1= =1 7..a~.7' I 1 I I I II- I 1 /~~. ~ I r--------..-t I '-I t t- -'-I ,---t t I ~- T - ,--., - 'I -. -=- -.- -r - 'I I 2~ ' I I I I 1=1 I I iCI I I 0 ' V> _ I , I I I I I ;: I t II ' .... ~ I l'l!': I I ~ I I ,(l!, I ~I !1 I a .I~;'" I i I I I I I !! I r I is'i' :0, ,n I r-. I ,1' 1:;1 I H' 0 'I n I~ . '~~I~ '1.1' ~ <ii;,- {'1-i I,:' 9"-7 {'Ii; } 7-. ~~ 9'.7 { r>e,. ,} 9'., :: ,'].1" ~ V I I 1 I I I - I I 1~( II n II <_J I 1 I I I ~ I I .LJ, I ILl i ,- ~=.- L. -'- -=- -'- -, -=.' -'-c ..,jJ ,_. __~.___~ ,~,,_.__.~__~ J....--...---"" . I ~_ ,~ / ,,/ ~~ 1-+1 ~ ~ " (~- CAN~PYWA....siCl;~;'; S ~ !. ~ ....,., '" ~ Q<;: l \L ~ ~ ~ ~ ih ~ i ~ ~L"' / .. .. -.t II -. ~ ! . I . ~.l)B iON 00 S10P . III I . ~. ~~ ..-;:.: ,,~ o 8?j ~ .__..____.:1 ----------------- ------. ----- ~------------~\ .- .(':. <;= <= ~ , - ~ ~ EXHIBIT A RESOLUTION NO. PCC 99-06 RESOU.iTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOl\-L"IENDlL,G APPROVAL OF A C01\'DITlONAL USE PER..\HT TO ALLOW THE CONSTRUCTION OF A FL'ELL'iG FACILITY AT 1144 BROADWAY L'i THE _ oCT (THOROUGHFARE COl'<IJ'vIERCIAL) ZOt'.'E. -WHEREAS, a duly verified application for a cor.ditional use permit was submitted on July 29, 1998 by Costco Wholesale; and WHEREAS, said application requests approval of a conditional use permit to aJIow the constrJction 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 recommer,ding adoption of the Negative Declaration issued on IS 99-03; and WHEREAS, on November 16, 1998 the Design Review Committee voted to conditionally approve the architecture of the proposed project; and WHEREAS, the Planning Director set the time and place for a hearing on said special 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 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 A venue, 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 contimj~d to February 3, 1999; and . -,. WHEREAS, on February 3, 1999, the public hearing was opened and continued by the applicant 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, determine, resolve, and order as follows; 1. 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 beiug of the neighborhood or the community. I EXHIBIT B .. 'Rr>-<::(\!11t1(\n "prr qq-f'U, p~ ~p ? The automated fueling facility will provide a necessary and desirable service by providing a convenie~t _ .fueling facility for Costco members, who will be able to shop and fuel their vehicles in one trip. -.F~rthermore, 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 permitting by the San Diego Air Pollution Control District and by the San Diego County Department of Environmental Health, as well as local permitting requirements fcr the underground tank and piping system. The fcciliry will 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 t'1e 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 faciJity and the level of service on Broadway will not be reduced. 3. That the proposed use wlll 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 r~vocation. 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 penult 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. '. , . . n. Conditional Grant of Pennlt; Conditions In light of the above findings, the Planning Commission hereby grants approval of the permit subject to the following conditions: 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 C se Permit or any provision of the Municipal Code, as " 'Rp<:nl11tinn prr QO_fl'; p~~p 1 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 all requirements of the Chula Vista Building Division includins coe followins: I. Structural plans and engineering calculations must be stamped/signed by Ci viliS tructurJI Engineer. 2. Obtain a building permJt for the fueling facility. 3. Obt:!in a separate building permit for any signage proposed. F. Comply with the City's Municipal Code noise standards. If on review the Cirj finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify this Conditional Use Permit. G. Applicantloperator shaH hereby agree to indemnify, protect, defend and hold harmless h'le City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and cost, including ccurt cOStS and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of the Conditional Use Permit, (b) City's approvol 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. Applicant'sloperator'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 a1l new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City sha1l impose after advance written notice to the Permittee and. after the City has given the Permittee the right to be heard wif!1 regard thereto. However, the 'City, in exercising this reserved right/condition, may not impose a subst:!ntial 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 shaH 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, paging, ads or similar announcment.!; are prohibited. K. Satisfy the following conditions to the satisfaction of the Chula Vist:! Fire Department: l. Obtain a permit for insta1lation of underground tanks. Complete form FPB-17 2. Provide cut sheet for tankslequipment. 3. Provide approved fire extinguishers per UFC 1002. .3 Rp<'nll1tlnn prr QQ_OA p~~p 4. L. M. . - -. - N. O. P. This conditional use permit shall become void and incffcctive if not utilized within one year from the effective date thereof, in accordar.cc with Section 19.64.260 of the Municipal Code. Prior to issuance of building permits. scwer capacity fees will be required based on final building plans submitted. Comply with all requirements of the Crime A warcrocss Unit of the Police Deparunent incl1.:di~.; scheduling a security evaluation of the site. Contact the Crime Prc'lcmion Unit at 691-5127. Prior to commencement of operation, app1icam shall install and/or restripe employee parking spaces to the rear of the Castca warehouse faciJity. All Costco employees arc rcqulrd to park in designatcd emplcyee par;<ing spaces to the rear of the Costco warehouse. Said parking arrangement shall be eoforcd as outiined iro meT.O d:J.ted October 14, 1998 from Jesse S;;u:c::c::, Ge~eral ~f::mager of CosteD #4;)5, Chula VistJ.. Q. Submit plans to the Sweetwater Authority for review prior to issuance of building penuits. R. Submit a lighting plan of the employee parking area to the Zonir.g AdoinistratOr for review and approval prior to issuance of building permits. IV. A copy of this resolution shall be transmitted to the applicant. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitTed (J the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA. CALIFORNIA, this 24th day of February, 1999, by the following vote, to-wit: AYES: NOES: ABSEl'iT: ATTEST: , John Willett, Chairperson Diana Vargas, Secretary H:ISHAREDIPLANNINGIlEFFlCOS1'CO .RES <f