HomeMy WebLinkAboutPlanning Comm Reports 2003/12/10
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
Wednesday, December 10, 2003, 6:00 p.m.
Council Chambers
276 Fourth Avenue
Chula Vista, CA 91910
CALL TO ORDER: Castaneda Madrid O'Neill Hall
Cortes
Hom
Felber
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on
any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: ZAV 03-16; Consideration of a Variance to allow a carport
addition to an existing residence to be located within the
required side yard setback at 520 Glover Avenue.
Staff recommends that the Planning Commission continue this item to January 28,
2004.
2. PUBLIC HEARING: PCC-03-51; Consideration of a Conditional Use Permit for
an expansion of an existing beer and wine liquor license
to include hard liquor for a retail store located at 72 East
"J" Street. Applicant: Horman Razuki.
Project Manager: Ryan Goodness, Planning Technician
3, PUBLIC HEARING: PCC 04-27; Consideration of a Conditional Use Permit to
allow construction and operation of the Bonita Branch
County Library and Historical Museum/Public Safety
Center (County of San Diego Department of General
Services).
Project Manager: Richard Zumwalt, Associate Planner
Planning Commission
- 2 -
December 10, 2003
BUSINESS:
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance
for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at
585-5647. California Relay Service is also available for the hearing impaired.
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 12/10/2003
.;L
ITEM TITLE:
Public hearing: consideration ofa Conditional Use Pennit PCC-03-51 for an
expansion of an existing beer and wine liquor license to include hard liquor
for a retail store located at 72 East "J" Street. The applicant is Mr. Horman
Razuki.
The Applicant, Mr. Honnan Razuki, has submitted a Conditional Use Pennit application to allow the
Fair Market & Hollywood Pizza store located at 72 East ''j'' Street (see Locator) to expand the
existing beer and wine liquor license to include the sale of hard liquor, for off-site consumption.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has detennined that the project is exempt based
on Section 15301 Categorical exemption pursuant to CEQA guidelines, thus no further
environmental review is necessary.
RECOMMENDATION:
That the Planning Commission denies the Conditional Use Pennit PCC-03-5I.
DISCUSSION:
1. Project Background
The Department of Alcoholic Beverage Control (ABC) requested the applicant to obtain
approval of a zoning affidavit, which is ABC's application form to obtain a liquor license
from the City ofChula Vista as a prerequisite to grant the applicant's current ABC pennit for
beer and wine, to also pennit the sale of hard liquor for off-site use or consumption. The
zoning affidavit was inadvertently approved by City staff, which caused ABC to mail public
notice for issuance ofliquor license expansion.
On January 31, 2002, Planning and Building Department staff sent correspondence to the
Department of Alcoholic Beverage Control informing the agency that the City had issued the
zoning affidavit in error. The ABC has now put Mr. Razuki' s liquor license application on
hold pending the City ofChula Vista's approval.
On February 14, 2002, staff was notified that area residents where concerned about the
expansion and that they had notified Hilltop High School Principal/City Council member
Jerry Rindone.
Page 2, Item:
Meeting Date:12/10/03
2. Project Setting
The Fair Market & Hol1ywood Pizza store is located in a small neighborhood shopping
center, along with a beauty shop, Mexican restaurant, barbershop and a school food
preparation facility. The site is neighbored by the City ofChula Vista Fire Station #52 to the
east and Hilltop Elementary and Middle School to the west. Additionally, the City ofChula
Vista School District administrative offices is located to the south of the project and single-
family detached residential dwel1ings are located to the north, across the street (see Locator).
3. General Plan Land Use and Zoning
General Plan
Zoning
Current Land Use
Site:
N:
S:
Commercial Retail
Residential
Chula Vista Elementary
School District Offices
Hil1top Middle School
CCV Fire Station #52
C-N
R-l
Neighborhood Commercial zone
Residential
E:
W:
R-l
R-1
R-l
Office
Middle School
Fire Station
4. Project Description
The conditional use pennit application requests approval of an expansion of an existing beer
and wine 1iquor 1icense to sell hard liquor.
The activities currently conducted at the Fair Market & Hollywood Pizza store include two
commercial components: 1) the sale of dry good and grocery items, and 2) walk-in and take-
out food services, including the sale of on-site beer and wine sales. The hours of operation
for the Fair Market & Hollywood Pizza are Monday thru Friday from 7:00 am to 9:00 pm
and Saturday and Sundays from 8:00 am to 9:00 pm.
5. Project Data
Assessor's Parcel Number: 574-281-61-00
General Plan Designation: CR, Commercial Retail
Current Zoning: CN, Neighborhood Commercial Zone
Lot Area: 1.1 acres
Parking: 61 spaces 50 total
6. Staff Analysis
Page 3, Item:
Meeting Date:12/10/03
Pursuant to Chapter 19.34, CN, Neighborhood Commercial Zone of the Chula Vista
Municipal Code (CVMC), Section 19.34.030 H., the sale of alcoholic beverages for off-site
use or consumption requires a Conditional Use Pennit by the Planning Commission.
In accordance with CVMC 19.12.070 and 19.12.080. A Conditional Use Pennit for an
establishment that sells alcohol shall not be granted unless substantial evidence exists that the
approval of the pennit will not result in an over concentration of facilities pennitted to sell
alcohol. Over concentration of such faciJities may be found to exist based on (a) the number
and location of existing facilities; (b) compJiance with State Alcohol Beverage Control over
concentration standards; (c) the impact ofthe proposed facility on crime; and (d) the impact
of the proposed facility on traffic volume and traffic flow. The following paragraphs discuss
in more detail the issues of over concentration as specified above.
Over Concentration
The Department of Alcoholic Beverage Control (ABC) detennines over concentration of
establishments that sell alcohol by United States Census Tract. The applicant is the only
licensee of three pennitted liquor licenses that have been issued by the ABC within the
United States Census Tract 134.01 (see Census Map). Since the existing license to sell beer
and wine will be converted to include the sale of hard liquor the end result will remain one of
three allowed licenses to sell liquor, therefore does not constitute an over concentration based
on the number and Jocation of existing facilities. Thus, issuance of the liquor license
expansion is in compliance with State Alcohol Beverage Control over concentration
standards.
Impact on Crime
Pursuant to California Business and Professions Code 23789b, the purchase ofliquor is an
adult activity that is regulated by the Department of Alcoholic Beverage Control (ABC).
The ABC is specifically authorized to refuse the issuance of a liquor license for premises
located within at least 600 feet of schools and public playgrounds.
The applicant's business hours span the nonnally scheduled school day and continue
throughout the scheduled school extracurricular functions during the weekday and weekend.
This establishment is in such close proximity to both an elementary and middle school that
its exposure to the over 1750* students that attend these institutions, constitutes an
inappropriate land use, and as such, the Sweetwater Union High School District is "not
supportive" of such expansion. Additionally, the City ofChula Vista's Police Department is
strongly recommending denial to the expansion of the applicant's beer and wine license to
sell hard liquor. It is the Police Department's expert opinion that such an expansion of a
liquor license for a facility that is less than 600 feet away from a school, and in such close
proximity to another school could create a significant impact on the safety and well being of
the neighborhood.
Page 4, Item:
Meeting Date:12/10/03
*Average student population of 550, City of Chula Vista Elementary School District. average student
population of /200, Sweetwater Union High School District.
Impact on Traffic
The City of Chula Vista Traffic Engineering Division does not anticipate an increase to
traffic volume or traffic flow as a result of the approval or denial of this penn it therefore
traffic is not a consideration in evaluating this pennit app1ication.
7. Conclusion
Based on the above, staff recommends that the Planning Commission deny Conditional Use
Pennit PCC-03-51.
Attachments
1 Planning Commission Resolution
2. Disclosure Statement
3. Locator
4. Census Map
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C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTION:
~ APPLICANT: HOMAN RAZUKI CONDITIONAL USE PERMIT
PROJECT 72 EAST "J" STREET Request: Proposal to extend existing liquor license
ADDRESS: FAIR MARKET & HOLLYWOOD PIZZA
SCALE: to sell hard liquor.
FILE NUMBER:
NORTH No Scale PCC-03-51
r\home\plannmg\cherrylc\locators\pcc0351.cdr 01.14.03
RESOLUTION NO. PCC 03-51
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION DENYING CONDITIONAL USE PERMIT PCC-
03-51, FOR AN EXPANSION OF AN EXISTING BEER AND
WINE LIQUOR LICENSE TO INCLUDE HARD LIQUOR FOR
OFF-SITE USE AND CONSUMPTION AT 72 EAST "J"
STREET, WITHIN C-N ZONING DISTRICT. - HORMAN
RAZUKI
WHEREAS, a duly verified application for a Conditional Use Pennit was filed with the
City of Chula Vista Planning Division on January 2,2003, by Honnan Razuki ("Applicant"); and
WHEREAS, said applicant requested an expansion of an existing beer and wine liquor
license as defined in 19.34.030 H. of the Municipal Code, to include the sale of hard liquor for
off-site use or consumption ("Project") at 72 East "J" Street, within the CN, Neighborhood
Commercial zone. ("Project Site"); and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has concluded that this project is exempt based on Section
15301 Categorical exemption pursuant to CEQA guidelines; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
Conditional 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 maiJing 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
10,2003, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning
Commission; and said hearing was thereafter closed; 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 deny the Conditional Use Pennit; and,
WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the
following findings required by the City's rules and regulations for the denial of Conditional Use
Permit application PCC-03-51, as herein below set forth, and sets forth, there under, the
evidentiary basis that permits thc stated findings to be made.
1. Thaf the proposed use at fhis location is necessary or desirable fo provide a service
or facility, and will not contribute to the general well being of the neighborhood or
the community.
The Department of AlcohoJic Beverage Control (ABC) detennines over concentration of
cstablishments that sell alcohol by United States Census Tract. The applicant is one of
three pennitted liquor licenses that have been issued by the ABC within the United States
Census Tract 134.0 I, therefore does not constitute an over concentration based on the
number and location of existing facilities. However, the sale of hard Jiquor in c10se
proximity to an elementary and middle school is neither desirable nor necessary. In
addition, the sale of hard liquor, according to the Police Department, could increase crime
activity in the area to the detriment of the surrounding residential neighborhood.
2. That such use will under the circumsfances of fhe 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 hours of operation for Fair Market & Hollywood Pizza are Monday thru Friday from
7:00 am to 9:00 pm and Saturday and Sundays from 8:00 am to 9:00 pm. These business
hours span the nonnally scheduled school day and continue throughout the scheduled
school extracurricular functions during the weekday and weekend. This is an
establishment in such close proximity to both an elementary and middle school, that its
exposure to the over 1750 students that attend these institutions cannot be avoided. It is
the Police Department's expert opinion that such an expansion of a liquor license for a
facility that is less than 600 feet away from a school and in such c10se proximity to
another school will be detrimental to the health, safety and essential weJfare of the
immediate residential neighborhood.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The City ofChula Vista Traffic Engineering Division does not anticipate an increase to
traffic volume or traffic flow as a result of the approval or denial of this pennit.
A consideration of such a pennit to a site that is within 600 feet of a Sweetwater Union
High School District school, Hilltop Middle School, does not comply with the regulations
and conditions specified in the code for such use. The purchase of liquor is an adult
activity that not supported in close proximity to schools and public playgrounds. The
Sweetwater Union High School District and the Chula Vista Police Department is "not
supportive" of such a liquor license expansion.
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 General Plan does not address liquor licensing, thus, the project if approved could be
in substantial confonnance with the General PJan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
deny Conditional Use Pennit PCC-03-5l in accordance with the findings contained in this
resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 10th day of December, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steve Castaneda, Chair
ATTEST:
Diana Vargas, Secretary
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PLANNING COMMISSION AGENDA STATEMENT
Item: 3
Meeting Date: 12/10/03
ITEM TITLED:
PUBLIC HEARING: PCC 04-27; Consideration of a Conditional Use
Pennit to allow construction and operation of the Bonita Branch County
Library and Historical Museum !Public Safety Center (County of San Diego
Department of General Services).
The applicant, the County of San Diego Department of General Services, has submitted an application
requesting approval of a Conditional Use Pennit to construct and operate a branch public library and
community meeting room, a historical museum/public safety center, and an associated parking lot.
The project site is a portion ofthe City ofChula Vista owned parcel located adjacent to the Chula Vista
Municipal Golf Course on Bonita Road (see Locator). The project requires approval of a conditional
use pennit by the City Council pursuant to Section 19.38.020(J) of the Chula Vista Municipal Code.
Environmental Status: As a responsible agency under the California Environmental Quality Act
(CEQA) for this project, the City ofChula Vista will rely upon the environmental document adopted
by the County of San Diego Board of Supervisors (Mitigated Negative Declaration for the
Bonita/Sunnyside Branch Library, Project number KL9540, Attachment C), which is the lead
agency for this project under CEQA.
RECOMMENDATION:
Adopt the attached Resolution PCC-04-27, recommending that the City Council approve the
proposed Conditional Use Pennit in accordance with the findings and subject to the conditions
contained therein.
DISCUSSION:
Existing Site Characteristics:
The proposed library and historical museum will be located on a 65,883 square foot (1.55 acre)
portion of the Chula Vista Municipal Golf Course at 4475 Bonita Road, on property owned by the
City. The site is located on the north side of Bonita Road, west of the existing golf course parking
lot, and northwest ofthe intersection of Bonita Road and Otay Lakes Road (see Locator). The site is
presently vacant, level and is used for overflow parking, and by trail and golf course users. Because
of its proximity, approximately 400 feet south of the Sweetwater River, the property is located in
the 100-year floodplain. An existing small, isolated, low-quality wetland is located along the
western edge of the site, but not in the area leased to County (see site plan, Attachment D-l).
I
Page No.2, Item:_
Meeting Date: 12/10/03
Zoning and Land Use:
General Plan CV Municipal Code Existing Land Use
Zoning
Site Visitor Commercial Visitor Commercial Vacant
(CVP)
North Parks and Agricultural (AD) Municipal Golf
Recreation Course, existing
pedestrian trail
South Commercial Retail Central Commercial Von's commercial
(across Bonita Rd) (CCD) center
East Parks and Agricultural (AD) Golf Course Parking
Recreation Lot
West Medium High Apartment Existing
Residential Resideutial (R-3GD) Condominiums
(11-18 du/ac)
Project Description:
The County of San Diego Bonita/Sunnyside Branch Library and Historical Museum will include
two buildings on the same site. The branch library building will be 9,900 square feet in size, I-story,
and 35 feet high, and will include an 8,000 square foot Jibrary and community meeting room. The
second building will include a 4,400 square foot museum and volunteer public safety center. Outdoor
areas include two outdoor patios to the rear of the library, a trail connection for the jogging and
equestrian trail, and a 56 space parking lot on the southeast side ofthe library. The project includes a
wall signage and a monument sign at the entry to the site adjacent to Bonita Road.
Analysis:
The library and museum will operate 7 days a week. The hours of operation of the library will be
limited to Mondays through Fridays, 10 am to 9 pm, and Saturdays and Sundays, 9 am to 5 pm.
Community Room and Museum public spaces hours of operation shall be Jimited to Mondays
through Fridays, 10 am to 10 pm, and Saturdays and Sundays 9 am to 10 pm.
There will typically be 6-7 Jibrary employees and 1-3 museum employees on duty at one time, for a
maximum of 10 employees working at one time. The hours of operation ofthe project are similar to
adjacent commercial and recreational uses, and generally coincide with the daytime hours when
many residents in the adjacent condominiums may not be home. Most of the Jibrary's outdoor
activity areas such as the entry, parking lot and children's patio will be located on the east side ofthe
site, away from the adjacent residential area. Thus, the library use will be compatible with the
adjacent uses.
d-
Page No.3, Item:_
Meeting Date: 12/10/03
Access:
The site location is desirable for provision of public services because the site is in a highly
visible and conveniently accessible location near the intersection of Bonita Road and Otay Lakes
Road, which is one ofthe main intersections in the area.
A traffic study was perfonned by the app1icant, which showed that the project generates a total of
565 average daily automobile trips (ADT), including 29 inbound and 29 outbound trips during the
peak afternoon (P.M.) hour. The traffic generation is low enough that addition ofthe project traffic
does not alter the perfonnance of Bonita Road or other adjacent streets, and therefore no significant
traffic impact was identified.
The project allows for the closing off the current access drive to the golf course from Bonita Road.
A new, signalized driveway will be constructed approximately 125 feet west of the existing
driveway, and will align with the existing access to the shopping center across Bonita Road. The
current access will be replaced with new curb, gutter and pavement improvements. It will be re-
striped to provide additional parking for the golf course. Also included is a pedestrian/equestrian trail
connection for the existing trail. The new signa1ized driveway will improve the operation of the
intersection by providing controlled vehicle and pedestrian access to the site, which will ensure that
auto and pedestrian traffic flows smoothly in an out of the site.
Parking:
The project proposes to provide 56 on-site parking spaces. The City does not utilize specific parking
standards for libraries and museums, instead requiring that parking standards for these uses be
established by the Conditional Use Pennit or Site Plan approval. Therefore, the County parking
standards were utilized, which are I space per 300 square feet oflibrary space, and I space per 200
sq. ft. of museum space, plus 3 spaces for safety center staff. The 56 spaces provided is equivalent to
a ratio of I space per 255 square feet, which exceeds the amount of parking provided for other
recently-constructed County libraries.
Although not a part of the library site covered by the Conditional Use Pennit, the City and County
have agreed to pave and provide access to a 55,995 square foot overflow parking lot east of the
library, between the golf course parking lot and the library. This parking lot is estimated to provide
60 improved spaces and approximately 90 unimproved spaces which would be used for overflow
parking for the golf course and trail users.
Grading and Drainage:
The project's conceptual grading plan indicates that deposition of24,000 cubic yards offill will be
needed to elevate the site 2 feet above the I OO-year floodplain to create a flood-free site. Submittal of
a detailed grading plan, and compliance with the regional N.P.D.E.S. pennit, are required as a
conditions of approval of the project. Approval of a detailed grading plan will ensure that the site
3
Page No.4, Item:_
Meeting Date: 12/10/03
improvements, and that maintenance of the drainage facilities will be provided.
An existing 2,780 square foot isolated, low-quality wetland is located along the western edge ofthe
library site, but is not in the area leased to County. To accommodate construction ofthe library and
museum, a small portion of the wetland would be displaced, the remaining undisturbed wetland
would be enhanced, and 1,024 square feet of new wetlands would be provided. The resulting
wetland area will be a total of 3, 124 square feet in size, a net gain of 344 square feet (see Site Plan,
Attachment D, Figure I). The preparation of a wetlands restoration and revegetation plan to the
satisfaction of the Ca1ifornia Department of Fish and Game, in conjunction with the Streambed
Alteration Agreement, are required by the Mitigated Negative Declaration.
Architecture:
The project requires Design Review approval by the City Zoning Administrator. Approval is
pending completion of the Conditional Use Pennit process. To obtain community input on the
project design, the applicant conducted an extensive public participation program involving 4
meetings with the community. As a result, the library and historical museum will be designed in an
eclectic style, mixing a contemporary facade with a curvilinear metal roof, with materials such as
stone veneer, sandblasted concrete block, wood siding, and glass in a manner that is reminiscent of
rural architecture (see elevations, Attachment D, Figure 3). It has been designed to take advantage of
views ofthe restored wetland area and the golf course. It includes a 45 foot tower/chimney element
that will contain project identification signage. Safety improvements such as solid masonry walls,
window screening, and building projections have been built into the project to minimize potential
safety impacts from the project's adjacency to the golf course.
The project has been reviewed for compliance with the Chula Vista General Plan, Zoning and any
applicable codes and ordinances of the City. The 1ibrary and museum are Publici Quasi-public uses,
which are pennitted in the Visitor Commercial General Plan designation. Upon approval of a
Conditional Use Pennit, they are also pennitted in the Visitor Commercial zoning designation.
Conditions of approval are included in the resolution of approval, which ensure that the operation of
the project will be in compliance with app1icable codes and ordinances, and will ensure that the
project design and operation are compatible with the surrounding land uses.
CONCLUSION:
This project will provide a significant landmark for the Bonita community. It is an attractive
building in a pleasant setting with a golf course as the back-drop. It is in an ideal location along
Bonita Road, because it is prominent, enabling a positive architectural statement for the community,
and convenient, providing easy access to the community. It is an important building because it will
provide a single destination at which the community will be able to access many different types of
cssential infonnation and public services, including library services and technology, educational
programs, historical and cultural infonnation, community events and meetings, and public safety
infonnation and serviccs. For these reasons, staff recommends that the Planning Commission
forward a positive recommendation to the City Council with the conditions listed in the attached
-'I
Page No.5, Item:_
Meeting Date: 12/10/03
draft City Council Resolution.
Attachment:
A. Planning Commission Resolution
B. Draft City Council Resolution
C. Mitigated Negative Declaration
D Figures
1 Site Plan
2. Floor Plan
3 Elevations
4. Concept Grading Plan
5. ('oncept Landscape Plan
E. Ownership Disclosure Form
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C9 APPLICANT, BONITA/SUNNYSIDE CONDITIONAL USE PERMIT
BRANCH LIBRARY
PROJECT Vacant lot west of the Chula Vista Request: Proposing: New County of San Diego Branch Library
ADDRESS: Municipal Golf Course clubhouse with community meeting room and ~cc31 ~is~cr: '11use!n.
SCAlE: FILE NUMBER:
NORTH No Scale PCC-04-027
j:\cherylc\locators\locators04\pcc04027.cdr 11.26.03 47
RESOLUTION NO. PCC-04-27
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE
PERMIT PCC 04-27 FOR THE CONSTRUCTION AND OPERATION OF THE BONITA
BRANCH COUNTY LIBRARY AND HISTORICAL MUSEUMIPUBLIC SAFETY
CENTER (COUNTY OF SAN DIEGO).
WHEREAS, on October 15, 2003, a duly verified application was filed with the City of
Chula Vista Planning and Building Department by the County of San Diego, Department of General
Services ("Applicant"), requesting approval ofa Conditional Use Pennit to construct and operate a
Public Library and Historical Museum, pursuant to the Chula Vista Municipal Code Section
19.38.020 (J.) and Chapter 19.45 ("Project"); and,
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented on Exhibit "A", and for the general description herein consists of a
65,883 square feet (1.55 acres) portion of the Chula Vista Municipal Golf Course lot located at 4475
Bonita Road ("Project Site"), which is designated for visitor commercial develo~ment; and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compJiance with the CaJifornia Environmental Quality Act (CEQA) and has detennined that the
proposed project was adequately covered in the previously adopted Mitigated Negative Declaration
for the Bonita/Sunnyside Brach Library, Project Number KL9540 (adopted December 9,2003, by
the County of San Diego Board of Supervisors, the lead agency for this project under CEQA). Thus,
no further environmental review or documentation is necessary.
WHEREAS, the Planning Commission having received certain evidence on December 10,
2003, as set forth in the record of its proceedings herein by reference as is set forth in full, made
certain findings, as set forth in their recommending Resolution PCC -04-27 herein, and recommended
that the City Council approve the Project based on certain tenns and conditions; and,
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 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 6:00 p.m.,
December 10, 2003, in the Council Chambers, 276 F ourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNTNG COMMISSION
recommends that the City Council adopt the attached Draft City Council ResoJution approving the
Project in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council. "
"7
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 10th day of December, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Steve Castaneda, Chairperson
ATTEST:
Diana Vargas, Secretary
f
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLlCANl' BONITNSUNNYSIDE CONDITIONAL USE PERMIT
BRANCH LIBRARY
PROJECT Vacant lot west of the ChuJa Vista Request: Proposing: New County of San Diego Branch Library
ADDRESS: Municipal Golf Course ctuohouse with community meeting roam and local history musem.
SCAlE: FILE NUMBER: Exhibit A
NORTH No Scale PCC-04-027
j:\cherylc\locatars\locatars04\pcc04027.cdr 11.26.03
9
DRAFT RESOLUTION NO.
RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW
THE CONSTRUCTION AND OPERATION OF THE BONITA BRANCH
COUNTY LIBRARY AND HISTORICAL MUSEUM/PUBLIC SAFETY
CENTER.
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A" and for the purpose of general description,
herein consists of 65,883 square feet (1.55 acres) located adjacent to 4475 Bonita Road
("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on October 15, 2003 a duly verified application was filed with the City ofChula
Vista Planning and Building Department by the County of San Diego, Department of
General Services, ("Applicant") requesting approval of a conditional use pennit to allow the
construction and operation of a 9,900 square foot Branch Public Library and 4,400 square
foot Historical Museum/Public Safety Center, and 56 space parking lot ("Project"); and,
C. Lease Agreement
WHEREAS, on 2003, the City ofChula Vista (City) and the County of San Diego
(County) entered into a lease agreement wherein the City agrees to lease the Project Site to
the County for the construction and operation ofthe project, and said lease agreement was
approved by the County on December 9, 2003; and,
D. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of a Mitigated
Negative Declaration (Bonita/Sunnyside Library, Project # KL9540) previously adopted by
the County on December 9, 2003; and
E. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
December 10, 2003, and after staff presentation and public testimony, voted _-_-__ to
rccommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and,
(0
Resolution
Page 2
E. City Council Record of Applications
WHEREAS, the City Clerk set the time and pJace for a hearing on said Conditional Use
Penn it 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,
2003 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed; and,
WHEREAS, the City Council considered all reports, evidence, and testimony presented at
the public hearing with respect to subject application.
NOW THEREFORE BE IT RESOLVED, that the City Council hereby finds, deternlines and
resolves as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on December 10,2003, and the minutes and resolutions resulting
there from are hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has detennined
that the proposed project was adequately covered in the previously adopted Mitigated
Negative Dec1aration for the Bonita/Sunnyside Brach Library, Project Number KL9540
(adopted December 9,2003, by the County of San Diego Board of Supervisors, the lead
agency for this project under CEQA). Thus, no further environmental review or
documentation is necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the proposed project has been reviewed in accordance with the
California Environmental Quality Act, and the Environmental Review Procedures ofthe City
ofChula Vista, and has detennined that the proposed project was adequately covered in the
previously adopted Mitigated Negative Dec1aration for the Bonita/Sunnyside Brach Library,
Project Number KL9540 (adopted December 9, 2003, by the County of San Dicgo Board of
((
Resolution
Page 3
Supervisors, the lead agency for this project under CEQA), and as such reflects the
independent judgment ofthe City Council of the City ofChula Vista.
V. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL FINDS AS
FOLLOWS:
THAT THE PROPOSED USE AT THIS LOCATION IS NECESSARY OR DESIRABLE TO
PROVIDE A SER VICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL
WELL BEING OF THE NEIGHBORHOOD OR THE COMMUNITY
Approval of the project will allow the applicant to provide a higher level of essential
public services to the community, including Jibrary services, a community meeting room,
and a local history museum. The facility will be an important architectural and civic
landmark for the Bonita community. Its location is desirable for provision of public
services because the site is in a highly visible and conveniently accessible location.
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 IMPROVEMNENTS IN THE VICINITY.
The project will provide improvements that will ensure that auto and pedestrian traffic flows
smoothly in an out of the site, including adequate off-street parking, a realigned shared
driveway access with the adjacent Municipal golf course, a new traffic signal, and a
pedestrian trail connection. The architectural and landscape design is subject to review and
approval by the City Zoning Administrator, to ensure that it will be compatible with that of
the surrounding community. Safety improvements have been built into the project to
minimize potential safety impacts from the project's adjacency to the golf course. The hours
of operation ofthe project will be similar those ofthe adjacent commercial and recreational
uses. Thus, the project will be compatible with the surrounding neighborhood., and will not
be detrimental to the health, safety, and general welfare ofthe persons residing and working
in the vicinity.
THAT THE USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS
SPECIFIED IN THE CODE FOR SUCH USE.
The use is consistent with the requirements of the Visitor Commercial Zone, and project
conditions of approval require the operation to be in continuing compliance with all
appJicable city codes and regulations.
THAT THE GRANTING OF THE CONDITIONAL USE PERMIT WILL NOT ADVERSELY
AFFECT THE GENERAL PLAN OF THE CITY OR THE ADOPTED PLAN OF ANY
GOVERNMENTAL AGENCY
/.;L
Resolution
Page 4
The project will not adversely effect implementation of the General Plan and will not alter
the land use pattern of the area because the proposed public facility use is permitted in the
commercial general plan and zoning designation for the site, upon approval of a
Conditional Use Permit.
VI. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL IN LIGHT OF THE
FINDINGS ABOVE, hereby grants approval of the Conditional Use Pennit subject to
compliance with the following conditions of approval:
I. Provide written evidence to the Director of Planning and Building by June 15,2004,
that the applicant has implemented, or caused the implementation of all mitigation
measures and critical project design elements pertaining to the Project identified in
Mitigated Negative Declaration (M.N.D.)for the Bonita/Sunnyside Branch Library,
Project Number KL9540, as adopted on December 9, 2003 by the County of San Diego
Board of Supervisors. Any such measures not satisfied by a specific condition ofthis
Conditional Use Pennit approval shall be implemented to the satisfaction of the
Director of Planning & Building. Mitigation Measures shall be monitored via the
Mitigation Monitoring and Reporting Program approved in conjunction with the
above-referenced M.N.D.
2. Comply with requirements of the Chula Vista Fire Department Standard Operating
Guidelines and other project-related Fire Department requirements, prior to the
delivery of combustible materials to the site and prior to approval of construction
drawings, to the satisfaction of the City Fire Marshall.
3. Obtain approval of grading and improvement plans to the satisfaction of the City
Engineer by June 15, 2004.
4 . Obtain City approval of detailed landscaping, irrigation and water management plans
by June 15,2004, which shall include the following:
a.) Details of the pedestrian/equestrian trail connection, including drainage across the
trail;
b.) Submit separate landscapc plans on City "D" sheets for areas maintained by the
City;
c.) Plans should clearly identify and differentiate areas maintained by the City vs.
areas maintained by the County.
d.) Plans should reflect approved site improvements, grading and boundaries.
The following conditions of approval will remain in effect after use or occupancy of the project
has commenced:
13
Resolution
Page 5
5. Library Hours of operation shall be as follows:
Mondays, Tuesdays, Wednesdays, Thursdays and Fridays: 10 am to 9 pm;
Saturdays and Sundays 9 am to 5 pm;
Community Room and Museum public spaces hours of operation shall be as follows:
Mondays, Tuesdays, Wednesdays, Thursdays and Fridays: lOam to 10 pm;
Saturdays and Sundays 9 am to 10 pm.
6. Comply with al1 applicable 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 Pennit, or any provision of the
Municipal Code, as detennined by the Director of Planning and Building shall be
sufficient grounds for revocation or modification of this Conditional Use Pennit by the
City ofChula Vista.
7. This pennit 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 City shal1 impose after advance written notice
to the pennittee and after the City has given to the pennittee 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 pennittee of a substantial revenue source,
which the pennittee can not, in the nonnal operation ofthe use pennitted, be expected
to economical1y recover.
8. To defend, indemnify and hold hannless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
inc1uding approval by its Planning Commission, City Councilor any approval by its
agents, officers, or employees with regard to this Conditional Use Pennit, provided the
City promptly notifies the Applicant of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense.
9. This Conditional Use Pennit 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.
10. The property owner and 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 shal1 be recorded with the County Clerk ofthe County of San Diego, at
the sole expense ofthe Applicant, and a signed stamped copy returned to the Planning
and Building Department. Failure to rcturn a signed copy and stamped copy of this
1<(
Resolution
Page 6
recorded document within thirty days of recordation to the Planning and Building
Department shall indicate the applicant's desire that the Project be held in abeyance
without approval. Said document shaH also be on file in the City Clerk's office and
known as Document No.
Signature of Representative of Property Owne,r
Date
Signature of Representative of Applicant
Date
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail 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 all
approvals herein granted, deny, or further condition all certificates or 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. No vested rights are
gained by Developer or a successor in interest by the City's approval ofthis Resolution.
IX. INV AUDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption ofthis 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, provision, or conditions are detennined by a Court of
competent jurisdiction to be invalid, iHegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to fonn by
James Sandoval
Director of Planning and Building
Ann Moore
City Attorney
(H: \PJanningIRichardZ\Pcc04- 2 7 Cup-ccReso.doc )
..--
IS
/
BONITA
OPTIMIST
CLUB
)
/
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C9 APPLICANT: BONITA/SUNNYSIDE CONDITIONAL USE PERMIT
BRANCH LIBRARY
:g~~;1 Vacant lot west of the Chula Vista Request: Proposing: New County of San Diego Branch Library
: Municipal Golf Course clubhouse with community meeting room and local history musem.
SCAlE: FILE NUMBER: Exhibit A
NORTH No Scale PCC-Q4-027
j:lcherylcllocatorsllocators04Ipcc04027.cdr 11.26.03 1&
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/l'Tr:4CH,IAEAJ T ~
John J McTighe
Director
ClLnuttfg nfcSmt;!9ttgn
PROJECT....N.GEWI(T
1&5.I\INo~
f&CIUT1fSOPERAT\ONS
"!.IIQ.l..3I10
REET.....NAGaliNT
1&511"'-2.""
AEALEST.TI':SBlVICES
rlSl.u.&.2~
MC:lJMFNTSERVlr.n
115I\'!I~5UII
DEPARTMENT OF GENERAL SERVICES
5555 OVERLANO AVENUE, SAN OIEGO. CA 92123-1294
MITIGATED NEGATIVE DECLARATION
Project Name: Bonita/Sunnyside Branch Library
Project Number(s): KL9540
This Document is Considered Draft Until it is Adopted by the Appropriate
County of San Diego Decision-Making Body.
This Mitigated Negative Declaration is comprised of this form along with the
Environmental Initial Study that includes the following:
a. Initial Study Form
d. Traffic Study for the Proposed Project
e. Vernal Pool/Wetland Assessment and Wetland Delineation
f. Cultural Resources Report
g. Soils Study
h. Flood Analysis
1. California Environmental Quality Act Mitigated Negative Declaration Findings:
Find, that this Mitigated Negative Declaration reflects the decision-making body's
independent judgement and analysis; and, that the decision-making body has
reviewed and considered the information contained in this Mitigated Negative
Declaration and the comments received during the public review period; and that
revisions in the project plans or proposals made by or agreed to by the project
applicant would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur; and, on the basis of the whole record before
the decision-making body (including this Mitigated Negative Declaration) that
there is no substantial evidence that the project as revised will have a significant
effect on the environment.
17
2. Required Mitigation Measures:
a. Anticipated impacts to 680 square feet of isolated, loW value wetlands
south of an existing headwall would be mitigated through wetlands
restoration with an increase of the on-site wetlands by 344 square feet
(from 2,780 SF to 3,124 SF). Native wetland species present at tl;1e site
and in the nearby Sweetwater River will be utilized for revegetation within
the wetlands area, and indigenous native upland species will be utilized
within the wetlands buffer zone. Specific planting and design details will
be specified to the satisfaction of California Department of Fish and Game
prior to issuance of a Streambed Alteration Agreement for disturbance of
the wetland. The County will be responsible for maintenance and
monitoring of the wetland area until the mitigation success criteria have
been met to the satisfaction of the California Department of Fish 'and
Game, and the Regional Water Quality Control Board.
b. Potential cultural resource impacts due to construction disturbance of on-
site soils shall be mitigated through construction monitoring by a qualified
archaeological monitor following County-approved procedures and
standards. Monitoring shall be implemented to the satisfaction of the
County Department of General Services.
c. Haul trucks used to transport fill soils to the site will only be allowed to
enter or leave the site between the hours of 9:00 a.m. to 3:00 p.m. This
provision shall be monitored and enforced by County personnel.
3. Critical Project Design Elements That Must Become Conditions of Approval:
The following project design elements were either proposed in the project
applica1ion or the result of compliance with specific environmental laws and
regulations and were essential in reaching the conclusions within the attached
Environmental Initial Study. While the following are not technically mitigation
measures, their implementation must be assured to avoid potentially significant
environmental effects.
a. improvement of library site parking areas to County standards for rural
areas;
b. structural design and engineering in compliance with County building
regulations;
c. compliance with applicable County and City regulations regarding grading
and erosion prevention;
d. compliance with applicable County regulations protecting drainage
courses;
e. compliance with County and City standards and procedures designed to
implement the Regional Water Quality Control Board's Basin Plan,
Surface and Groundwater Objectives;
Ii
f. installation of any exterior library lighting consistent with County and City
of Chula Vista lighting regulations.
..
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g. Installation of parapet noise barriers around HVAC equipment to reduce
peak HVAC noise levels to 60 dBA or less at the nearest residential
property boundary
h.
The site shall be graded and maintained such that surface drainage is
directed away from structures, and into the existing drainage swale at the
west side of the site (to be expanded and improved). Prior to construction/
grading of the site, a Notice of Intent (NOI) must be filed with the State
Water Resources Control Board (SWRCB) for a General Construction
Storm Water Permit. Once construction is complete. the site owner and/or
facility operator is required to investigate coverage under the General
Industrial Storm Water Permit by contacting the SDRWQCB at 619-467-
2952. In addition. if future uses allowed under the General Impact
Industrial Use Regulations (M54) involve contaminates and/or the planned
discharge of waste to waters of the State or ground/soil. ao permit may be
required by the SDRWQCB.
i.
Prior to opening the library. the County will relocate the site access to
Bonita Road. so that it lines up with the existing access to the shopping
center south of Bcr.ita Read. The County will also close the existing
Bonita Road access to the golf course parking lot. Concurrently, the City
of Chula Vista will install a traffic signal at the new intersection, to be in
place prior to opening of the library for public use.
4. Results of Public Review
To be prepared following public review of the document.
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11
ADOPTION STATEMENT: This Mitigated Negative Declaration was adopted and the
above California Environmental Quality Act findings made by the:
(Decision-Making Body)
on
(Datelltem #)
Jeffrey Redlitz. Project Manager
County of San Diego. Department of General Services
~~A'rWAf~
October 21, 2003
19
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LAND<;;CAJ>F ~-O"ICF"T PI AN
BONITA LIBRARY
CHULA VISTA, C..AUFORNIA
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P I ann
ng & Building
Planning Division
Department
Development Processing
em Of
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Pianning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financiai
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, co~~, subcontractor, material supplier.
C."I, .F (k"/~ VI<,11r lCJWNlJro.)
CLtSCR.)
C4u..~ .f SA" ~\~"J"
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of ail individuais with
a $2000 investment in the business (corporation/partnership) entity.
/JlA
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
~ e'Ving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
IJlk
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City In this matter.
D~vl/l fPltFf:1I-. .JtFF ~JI'1L
PInI/ tt.rtIM,""N'IL 1'1",- &/IoW 0\<.101\.1'
fL'c-1t- "'.,.~ Jo.. f....~\t
5. Has any person' associated with this contract had any financiai dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No V
If Yes, briefiy describe the nature of the financial interest the officiai" may have in this contract.
.A"""
,
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No ~es _If yes, which Council member?
"'I A
276 Fourth Avenue
Chula Vista I California
,-:J'1
. ,
91910
(619) 691-5101
~I!~
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.
-
P I ann
n g
& Building
Planning Division
Department
Development Processing
cm Of
CHULA VISfA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an Item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ No V
If Yes, which official" and what was the nature of item provided?
II/Ir
Date: 1",lr.o~
G-:\f1r?
Signature of contrac~~licant
bA~\P PF~\F~
type name of Contractor/Applicant
Print or
,
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
"
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
3~
Chula Vista I California
91910
(619) 691-5101