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HomeMy WebLinkAboutPlanning Comm Reports /2006/04/12 AGENDA PLANNING COMMISSION Of the City of Chula Vista, California 6:00 p.m. Wednesday, April 12, 2006 City Hall New Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER ROLL CALL/MOTIONS TO EXCUSE Madrid_ Felber_ Bensoussan_ Hom_ Nordstrom_ Tripp_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: March 8, 2006 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: PCA 05-02; Consideration of an amendment to various Sections of Title 19 to regulate fee-based Check Cashing, Deferred Deposit, Payday Advance and similar businesses. Staff is withdrawing this item, with the intention to return the matter to the Planning Commission at such time as outstanding issues are adequately review. No action from the Planning Commission is required at this time. 2. PUBLIC HEARING: PCS 06-02; Consideration of application for the proposed conversion of the existing 336-unit Missions at Sunbow apartment complex to 336 condominium units for individual ownership - LDM Sunbow, LLC. (Quasi-judicial) Staff recommends that public hearing be continued to April 26, 2006. Planning Commission - 2 - April 12, 2006 3. PUBLIC HEARING: PCC 06-06; Consideration of Conditional Use Permit to construct and operate an unmanned wireless telecommunications facility at 1090 Apache Drive. Applicant: Cingular Wireless (Quasi-Judicial), Project Manager: Brian Catacutan, Assistant Planner 4. PUBLIC HEARING: PCC 06-22; Consideration of a five-year extension of time to Conditional Use Permit PCC 90-25 at the Broadway Palomar RV Storage to operate a storage yard for recreational vehicles at 1375 Broadway, within the S- 94 Zone. (Quasi-Judicial), Project Manager: Sydney Blanco, Development Services Technician DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a Special Planning Commission meeting on April 19, 2006, 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) 691-51 01 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. ~{~ ~-: ~...............~ --- Memorandum cnv OF CHUIA VISTA Depart:O'l.en~ of Planning and Building Date: April 12, 2006 To: Planning Commissioners John Schmitz, Principal PlanDc~ Continued Public Hearing on PCS 06-02 (Missions @ Sunbow) From: Subject: On March 22, the Planning Commission was scheduled to hear this matter but continued it at the applicant's request due some last minute concerns about conditions of approval. Staff also needed time to verify that the applicant was still authorized to represent the property owner as the apartment complex had been sold since the original application was filed. Staff and the applicant are very close to resolving all of the above issues, but there has not been enough time for all the language of the approval resolution to be crafted to the satisfaction of both parties. Therefore staff is recommending, and the applicant has agreed to, a second continuance of this item to the Planning Commission hearing of April 26. Attachments: Applicant's e-mail concurring with a continuance JCS J :\PlanninglJohnS\Staff Reports\PC\2006\PCS - 06-02 Mission @ Sunbow Contin,DOC [lr~1I ~~~I ~ ._;;..1 March 29,2006 THE OTAY RANCH COMPANY Mr. Jim Sandoval Director of Planning and Building CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 RE: Otay Ranch Village 2 Planning Commission Hearing Dear Jim: As you know, we have been working very closely with City of Chula Vista staff to complete the Villages 2, 3 and 4 public hearings during May, 2006. In order to meet our business plan goals, it is imperative that this schedule be met. The Planning Commission is scheduled to close the public review period for the Environmental Impact Report on April 19th. We respectfully request that the Planning Commission hold a meeting on May 3, 2006 to consider this plan. City Council consideration could then be scheduled for May 17,2006. In the event of any unforeseen delays between Planning Commission and City Council, public hearings could still be completed before the end of May. Thank you in advance for considering this request. We look forward to working with you and your staff to complete the public hearing process for the Village 2, 3 and 4 plan in May. Sincerely, THE OTAY RANCH COMPANY l} . .-?JI/.~_ ( ?~d/W ~ Ranie L. Hunter Vice President 610 W. ASH STREET, SUITE 1S00, SAN DIEGO, CA 92101 . PH (619) 234-40S0 . FX: (619) 234-4088 . WWW.OTAYRANCH COM PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date: 04/12/2006 ITEM TITLE: Public Hearing: PCC-06-006 consideration of a Conditional Use Permit to construct and operate an unmanned wireless telecommunications facility at 1090 Apache Drive. The applicant is Cingular Wireless. Resolution of the City Of Chula Vista Planning Commission approving Conditional Use Permit PCC-06-006, a request to construct and operate an unmanned wireless telecommunications facility at 1090 Apache Drive. The applicant is Cingular Wireless. The Applicant, Cingular Wireless, submitted a conditional use permit application to construct and operate an unmanned wireless telecommunications facility at 1090 Apache Drive (Attachment 1). The project includes a 50-foot monopine supporting 12 panel antennas, and placing a 220 square foot equipment shelter behind an existing parking lot. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class 3 (New construction or conversion of small structures) categorical exemption pursuant to Section 15303 ofthe State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: That the Planning Commission adopt Resolution PCC-06-006 approving the proposed wireless telecommunications facility, subject to conditions contained therein. DISCUSSION: 1. Project Background Cingular Wireless is expanding its existing wireless network throughout San Diego County. The network consists of transmission and receiving stations, also known as wireless facilities or cell sites, to provide wireless communication services to serve residences and businesses as well as provide wireless connections for emergency services. Cingular Wireless in proposing a wireless facility 1090 Apache Drive in an effort to provide adequate wireless services to its customers in the vicinity. 2. Project Setting The 2.97-acre project site is located north of Telegraph Canyon Road, west of Apache Drive, and is adjacent to open space on the west side and residential developments in all other directions. The site is developed within the Charter Point residential development which is part of the El Page 2, Item: Meeting Date: 04/12/2006 Rancho Del Rey Specific Plan. The wireless facility is proposed west of the existing SBC building, behind existing parking spaces in a vacant portion of the lot. 3. General Plan, Zoning and Land Use The project is zoned Planned Community, and has a General Plan Land Use Designation of Open Space. The following table specifies the existing land uses surrounding the parcel: General Plan Site: Open Space North: Medium Res. (6-11 du/ gross acre) South: Low Medium Res. East: Open Space West: Open Space 4. Project Description Zoning Current Land Use PC- PQ Pacific Bell Switching Station PC- R3 Charter Point Multi-Family PC-SF3 Otay Ranch, Village One PC-OS Vacant PC-OS Vacant Cingular Wireless proposes to construct an unmanned wireless telecommunications facility consisting of a 50-foot tall artificial tree, commonly known as a monopine designed to resemble a pine tree. The monopine, which is designed to support 12 panel antennas, will be located at the west end of the parcel (Attachment 2). The facility also includes a 220 square foot equipment shelter adjacent to the monopine both located behind the existing parking lot. The shelter is designed to emulate the architectural features ofthe existing building including color, material and design. 5. Staff Analysis In accordance with CVMC 19.89, Wireless Telecommunications Facilities, wireless telecommunications facilities are allowed in any zone, but monopines that exceed the height limit within the particular zone require approval of a Conditional Use Permit by the Planning Commission. The project site is zoned PC, which has a maximum height limit of35 feet. The 50- foot tall monopine exceeds the maximum height limit by 15 feet. Staff and the applicant worked together in order to minimize the impact ofthe equipment enclosure and monopine to the site and surrounding neighborhood. First, the enclosure will be built to match the colors and material ofthe existing building. Second, it will be placed behind the existing parking spaces on an area of the lot that is currently vacant. Lastly, a mixture of low and medium growing shrubs are proposed surrounding the enclosure to soften the appearance. Page 3, Item: Meeting Date: 04/12/2006 Regarding the monopine, the largest concern by staff was the visual impact it would create for motorists driving east and west on Telegraph Canyon Road. As a result, landscaping is proposed on the slope facing Telegraph Canyon Road. The idea is to screen the monopine by blending it with existing and new landscaping (Attachment 3). The proposed monopine and associated equipment will be built to comply with the Wireless Ordinance's development criteria and all other City zoning and building regulations (Attachment 5). Access to the site shall be kept at a minimum and conducted in a manner that does not negatively impact normal business operations. Why is the proposed height the only technologically feasible option for providing service to the area? The proposed facility is designed to provide wireless telephone coverage for customers in the vicinity of Telegraph Canyon Road and surrounding neighborhood. The goal ofthe facility is to provide a signal that would reach signals generated by other existing Cingular wireless facilities in the area (Attachment 4). Cingular Wireless radio engineers have determined that in order to meet the goal, the proposed 50-foot tall monopine and 12 antennas are necessary to ensure that the radio signals reach the other signals in the area to provide uninterrupted coverage. Also, this taller facility with multiple antennas means fewer cellular facilities in the area. Does the facility use the smallest practical devices and most efficient technology needed to achieve the needs of the network? The facility will use a total of 12 panel antennas mounted on a 50-foot high monopine that will provide the necessary connections to operate the facility. This facility has been designed and located to meet the current and anticipated needs of the Cingular Wireless network in the area. According to Cingular Wireless engineers, this facility uses the smallest practical devises, and the most efficient technology available. Additionally, a 220 square foot equipment building is proposed that will house equipment including radio cabinets, electrical connections, telephone connections and battery back up. The size is typical and is average for projects of this magnitude. Lastly, the shelter can accommodate areas for future growth for new equipment as services expand and grow. Has the facility been designed utilizing stealth technology to be visually unobtrusive and to blend with the surrounding environment? The facility includes a monopine that resembles a pine tree to partially conceal the antennas. This stealth design (monopine) will be located near existing palms and foliage. The equipment shelter is designed to match the existing building and will be painted in a dark earth tone color to match the existing building. This stealth design facility provides visual compatibility within the context ofthe existing building; therefore, the project design complies with the City's design standards for facility stealthing. Was there a good faith effort to co-locate the Cingular facility? Why not to co-locate? Were Page 4, Item: Meeting Date: 04/12/2006 additional co-location sites considered? There are two other wireless facilities currently operating at the site that have mounted their antennas on the fayade of the existing SBC building. Staff initially recommended that Cingular Wireless fayade-mount their antennas as well. However, the additional height that the monopine will provide is necessary to meet Cingular's coverage objectives to cover subscribers in all directions. Is there an opportunity for co-location at the proposed facility? Cingular Wireless has designed the monopine to accommodate co-location in the event that another carrier needs to establish a wireless facility in the vicinity and at the height provided by the structure. Conclusion The wireless facility at the proposed location will provide a necessary service by improving wireless cell phone service to customers, which includes residents, businesses and emergency service providers. Additionally, in the event of a natural disaster or other emergency situation whereby traditional phone service may be interrupted, the proposed facility would allow wireless telecommunications phones to continue operating. The wireless facility will help accommodate the communication needs in the area. It is a passive use and therefore, will not adversely affect the policy and goals of the General Plan. Staff recommends that the Planning Commission approve the project subject to the conditions in the attached Planning Commission Resolution (Attachment 6). Attachments 1. Locator Map 2. Site Plan 3. Photo Simulations 4. Radio Signal Coverage 5. Chula Vista Municipal Code, 19.89 Wireless Telecommunications Facilities 6. Planning Commission Resolution J :\Planning\Case Files\-06 (FY 05'{)6)\PCC\Public Hearing\PCC.{)6.{)06'Staff Reports\PC\PCC'{)6'{)06 Staff Report.doc ATTACHMENT 1 LOCATOR MAP Southwestern Community College CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT C' I W' I PROJECT DESCRIPTION: C) APPLICANT: Ingu ar Ire ess MISCELLANEOUS PROJECT 1090 Apache Dr. Project Summary: Proposing to install 12 antennas on a new ADDRESS: 50 feet Monopine. SCAlE: I FILE NUMBER: UWlti. 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I. ; " 01 I I I E ;~ Ee2 II ,I I' il --Ji.. ~I ~ I ~ I < ~ :. Q. ~~ ..... g~ .oJ ~g cc ~o ~ c: ~~ ~ D> ~..., ;;f{rf H.. TIrf. r" ~:!~r i >N ._t J 0.' - if )> I I'V H n" l..'sr PLOTTED, IC'2V05 g 5;00 AI.I. 05107 ATTACHMENT 3 PHOTO SIMULATIONS Qj"tJ :Ja Q.'O 1/)0 nl/) DltD "E.Q. :JtD (Q.c 5. '0 3 tD :J ...,. I/) :T tD nr .., DI ::J Q. "'0 a '0 o I/) tD Q. 3 o :J o "E. :J tD :>\; Jt- .J n -. ::J (Q ~C "'- m :;;QJ ~....., , ~ .. ~ , n .... Clun :TOmcn c\Onl -0 0 DI ~N < )> 'a .... -."0 I>> I ~DlnO Dlg.:J'~ ~tD(D Qo - .., a; <' .., CD :J Qj' \0 .... \0 .... o n _e :::J (Q ~c: :a m- :;;Q) :::.., < , , .. ~ , ().....cncn ::TOg,cn Cl.On' -0 0 01 .'" < )> '0 '-I -. 1:) I>> , :4~nO ~ ::T:7 loA ()CDRI 010 =-, 0' <' ..,CD ::J iii' 1.0 ..... 1.0 ..... o ATTACHMENT 4 RADIO SIGNAL COVERAGE Existing coverage Coverage Levels: Excellent D Good/Variable II Poor II No Coverage -027-01 :......C Apache 1090 Apache Drive Chula Vista, CA 91910 :;: cingular'" WIRELESS Proposed coverage ATTACHMENT 5 CHAPTER 19.89 WIRELESS TELECOMMUNICATIONS FACILITIES 19.87.004 19.87.004 Inland Parcels Subarea. Development of land designated as industrial general in this subarea is subject to the I - general industrial zone, Chapter 19.46 CVMC, except as modified by the provisions of this specific plan. Development of land designated as commercial - thoroughfare in this subarea is subject to the cen- tral commercial zone with precise plan modifying district as described in Chapters 19.36 and 19.56 CVMC except as modified by this specific plan. (Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985). 19.87.005 Faivre Street Subarea. Development in this subarea is subject to the regulations of the San Diego County zoning code for general impact industrial use, zoned M-54 (FP), manufacturing industrial zone with floodplain overlay zone, except as modified by this specific plan. (Ord. 2532, 1992). 19.87.006 PalomarlBay Boulevard Subarea. Development in this subarea is subject to the 1- L-P, limited industrial zone with precise plan mod- ifying district, as described in Chapters 19.44 and 19.56 CVMC, except as modified by this specific plan. (Ord. 2532, 1992). Chapter 19.89 WIRELESS TELECOMMUNICATIONS FACILITIES Sections: 19.89.010 Purpose. 19.89.020 Scope. 19.89.030 Definitions. 19.89.040 Applicability to city property and rights-of-way. 19.89.050 Permit processing. 19.89.060 Development criteria. 19.89.070 Variance. 19.89.080 Abandonment. 19.89.090 Severability. 19.89.010 Purpose. The purpose of these regulations and guidelines is to assure that wireless telecommunication net- works are completed with the fewest possible facil- ities, in the least visible fashion, and with the least disruptive impact on neighborhoods and communi- ties within the city of Chula Vista. The regulations set forth in this chapter are adopted to serve, pro- tect and promote the public health, safety and wel- fare, and to preserve and enhance the aesthetic qualities of the city of Chula Vista, as set forth in the goals, objectives and policies of the general plan, while concurrently allowing for the orderly and efficient development of a wireless telecom- munication infrastructure in accordance with the federal Telecommunications Act of 1996. (Ord. 2895 ~ 1,2003). 19.89.020 Scope. This chapter shall apply to all wireless telecom- munications facilities anywhere in the city of Chula Vista. (Ord. 2895 ~ 1, 2003). 19.89.030 Definitions. Unless otherwise stated, the following defini- tions pertain to this chapter: "Antenna" means a device or system of wires, poles, rods, dishes or other devices of similar func- tion, used for the transmission and/or reception of radio frequency signals for wireless telecommuni- cations, as described in the Telecommunications Act of 1996. "Antenna array" means a set of one or more whips, panels, discs or other devices used for the transmission or reception of radio frequency sig- nals as part of a wireless telecommunications sys- tem. It may include an omni-directional antenna (Revised 1/04) 19-266 Chula Vista Municipal Code 19.89.050 ("ship"), a directional antenna ("panel") and para- bolic antenna ("disc"). It does not include the sup- port structure. "Cellular" means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring transmission and/or reception sites. "Co-location" means the use of a common wire- less telecommunications facility or common site by two or more service providers, or use by one provider of a single site for two or more technolo- gies. It is also called "site sharing." Equipment Facility. Also called "equipment," "equipment enclosure" or "cabinet." Any structure or device used to contain ancillary equipment for a wireless telecommunications facility, such as cabi- nets, shelters, additions to existing structures, ped- estals, and other devices serving similar purposes. Typically, it includes an air conditioning unit, a heating unit, electrical supply, telephone hook-up and back-up power supply. Facade-Mounted Antenna. Also called "build- ing-mounted" or "surface-mounted." An antenna that is directly attached to a building, to the facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, streetlight, or similar structure. An antenna attached to the roof or top of a structure is not a facade-mounted. "Ground-mounted" means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of support- ing an antenna. "Lattice tower" means a self-supporting struc- ture which consists of cross-bracing of structural steel to support antennas and related transmission equipment. "Monopole" means a structure composed of a single spire, pole, or tower used to support anten- nas or related wireless telecommunications equip- ment. Flag poles of typical height, diameter, and location are not considered monopoles. "Mounted" means attached to or supported by. "Personal communications service (PCS)" means digital, low-power, high frequency com- mercial wireless radio communication technology that has the capacity for multiple communications services and the routing of calls to individuals, regardless of location. "Roof-mounted" means mounted above the eave line of a building or structure. "Stealth facility" means any wireless telecom- munications facility that is designed to blend into the surrounding environment, and is visually unob- trusive. Examples may include architecturally screened roof-mounted antennas; facade-mounted antennas painted and treated as architectural ele- ments to blend with the existing building, thereby concealing the antenna; or artificial trees, such as monopalms and monopines; and flag poles of typ- ical height, diameter, and location. "TCA" means the federal Telecommunications Act of 1996. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing (including voice, data, image, graphics, and video), without change in the form or content of the information. Wireless Telecommunications Facility. Also called "wireless facility" or "facility." A facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment (including software) necessary for the transmission and/or reception of cellular, personal communica- tion service, and/or data radio communications. (Ord. 2895 ~ 1,2003). 19.89.040 Applicability to city property and rights-of-way. Notwithstanding CVMC 19.89.020, wireless telecommunication facilities located on city prop- erty, rights-of-way, or other possessory and non- possessory interests in land shall not be subject to this chapter. Regulation of such facilities shall be accomplished through administrative rules, poli- cies, programs, or agreements approved by the city council and drafted consistent with the general pol- icies established in CVMC 19.89.010. (Ord. 2895 ~ 1,2003). 19.89.050 Permit processing. A conditional use permit (CUP) as provided for in this title is required for all wireless telecommu- nications facilities subject to this chapter. Before a permit will be granted, the operator or proposed operator of a wireless telecommunications facility must be specified and such operator must be legally approved by all applicable state and federal authorities to provide wireless telecommunications in the city. The following wireless telecommunications facilities applications may be processed adminis- tratively by the city's zoning administrator: stealth facilities that do not exceed the maximum building height allowed in a particular zone; facilities that are facade-mounted and do not exceed the height of the parapet wall or roof line of the building; or a roof-mounted facility that is screened behind a 19-267 (Revised 1/04) 19.89.060 solid material on all four sides and does not exceed the maximum height ofthe zone. All other wireless telecommunications facilities applications for con- ditional use permits, including any facility located on a vacant or residentially used lot in a single- family or two-family residential zone, shall require public hearings with the city of Chula Vista plan- ning commission. A denial of any application for a wireless tele- communication facility shall be based on the grounds of safeguarding the public's health, safety or welfare, be in writing, and set forth findings specifying the evidence for such denial. (Ord. 2895 ~ 1,2003). 19.89.060 Development criteria. The following is development criteria for all wireless telecommunications facilities located within the city: A. Design Standards. 1. Height. Wireless telecommunications facilities are subject to the height limitation stipu- lated in this title and shall be as short as technolog- ically feasible. Notwithstanding the application of such height limitations, the planning commission (but not the zoning administrator) may allow stealth design facilities to exceed the zone district height limit upon a specific finding that the pro- posed height is the only technologically feasible option for providing service to an area. 2. Stealth Technology and Design. Wireless telecommunications facilities shall utilize all prac- tical means to conceal or minimize the visual impact thereof, including: a. Smallest Technology. The facility shall use and maintain the physically smallest practical devices to achieve the needs of the wireless tele- communications network. b. Most Efficient Technology. The facil- ity shall use and maintain the most efficient devices to achieve the needs of the wireless tele- communications network. In this context, "most efficient" means using the smallest number of facilities needed to achieve the needs of the net- work. c. Stealth Design. The facility shall be designed to be visually unobtrusive and blend into the surrounding area in a manner compatible with the local community character. Sites shall be main- tained in good repair and appearance, and, to the extent possible, shall be improved and upgraded on a regular basis. Any proposed change that deviates from the original approval shall be submitted to the city's zoning administrator for over-the-counter review and approval. 3. Co-Location. Wireless telecommunica- tion facilities shall be co-located to the extent prac- ticable. They should also be constructed and sited to accommodate the future co-location of other facilities. Conditional use permit applications for wireless telecommunications facilities that are not to be co-located shall contain a written statement that a good faith effort was made to attempt co- location at another site. Such statement shall also declare the justification for deciding not to co- locate. Likewise, conditional use permit applications for wireless telecommunication facilities that are not to be constructed and sited to accommodate the future co-location of other facilities shall contain a written statement declaring the justification for failing to do so. Co-location is discouraged, but not prohib- ited, for sites located on a residential lot in a single- family or two-family residential zone. 4. Parking Displacement. Wireless telecom- munications facilities shall not reduce available parking space below that which is required by applicable zoning laws. 5. Setbacks. All components of all wireless telecommunications facilities shall meet the set- back requirements of the zoning district in which it is proposed to be located. 6. Colors and Materials. Colors and materi- als shall be chosen to minimize visibility. All exter- nally visible elements of a facility, including the antenna and supporting equipment, shall be of a neutral color that is identical to, or closely compat- ible with, the color of the supporting structure and/or its surroundings, so as to make the antenna and related equipment as visually unobtrusive as possible. Proposed colors shall be identified by manufacturer and color name or number. 7. Visual Integration of Antennas. Facade- mounted antennas shall be architecturally inte- grated into the style and character of the structure, and painted and textured to match or complement the existing structure. Roof-mounted antennas shall be constructed at the minimum height possi- ble to serve the provider's service area, shall be designed to minimize visibility from the surround- ing areas, and painted and textured to match or complement the existing structure or building. 8. Freestanding Facilities. Freestanding facilities, including ground-mounted antennas and monopoles, are discouraged and may be used only when no other alternative is feasible. When (Revised 1/04) 19-268 Chula Vista Municipal Code 19.89.080 allowed, freestanding facilities shall be designed to the minimum functional height and width. Lattice towers are prohibited. 9. Landscaping. When portions of the facil- ity are exposed to public view, they shall be land- scaped with visual buffering, such as plant materials, walls and/or mounds that screen the view ofthe facility from public rights-of-way, pub- lic parklands and nearby residential properties. Existing mature growth trees and natural land- forms on the site shall be preserved to the maxi- mum extent feasible. Native plantings are to be used to the maximum extent possible. 10. Equipment Enclosures. All equipment shall be placed completely underground when fea- sible or located inside an existing building. If such placement is not feasible, the equipment shall be completely enclosed within a solid-walled enclo- sure or building. Enclosures may not exceed 10 feet in height measured from the base of the foun- dation unless a greater height is necessary to max- imize architectural integration and shall be screened by landscaping. Any visible cabinets, cables, air conditioning units, fencing, etc., shall be painted and textured to match the surrounding area so as to minimize visibility. 11. Preventive Design. All facilities shall be designed to be resistant to and minimize opportuni- ties for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions or visual blight. 12. Access to Facilities. All wireless tele- communication facilities shall be accessed from nonresidential streets or rights-of-way to the maxi- mum extent practical. Any constructed access shall be sited to avoid residential areas, streets or rights- of-way to the maximum extent practical. 13. Construction Methods. All wireless tele- communication facilities shall be built in accor- dance with uniform building code standards and, to the extent feasible, be protected against damage by fire, flooding, and earthquake. Reasonable mea- sures shall be taken to keep wireless facilities in operation in the event of a natural disaster. 14. Signs. Other than required safety warn- ing signs, no signs shall be placed on facilities or equipment. 15. Modifying or Upgrading Facilities. When modifying or upgrading wireless facilities, existing antennas and equipment shall, to the extent feasible, be replaced with antennas and equipment of equal or greater technical capacity and reduced size so as to reduce visual and noise impacts. B. Operation and Maintenance. 1. Security Lighting. Security lighting shall be kept to a minimum. Any security lighting that may spill into residential zoning districts is dis- couraged and shall only be activated by a motion detector. 2. Grounds Maintenance. All facilities and related equipment shall be maintained in good working order and free from trash, debris, graffiti and any form of vandalism. Any damaged equip- ment shall be repaired or replaced within 30 calen- dar days of sustaining such damage. Graffiti shall be removed within 48 hours of being notified by the city or others of its existence. Facilities contain- ing landscaping elements shall be maintained in good condition at all times. Damaged, dead or decaying plant materials shall be removed and replaced within 30 calendar days of sustaining such damage. 3. Facility Maintenance. Routine mainte- nance of equipment located in residential zones or within 100 feet of a residential district, not requir- ing the facility to be taken "off line," shall be con- ducted only during the weekday hours of8:00 a.m. to 5:00 p.m., holidays excepted. In other areas, and when a facility must be taken "off line," routine maintenance may be conducted at any time. Emer- gency repairs and maintenance shall be conducted only in the cases of power outages and equipment failure or malfunction. 4. Noise Attenuation. Each wireless tele- communications facility shall be operated in a manner that will minimize noise impacts to sur- rounding residents and persons using nearby parks, trails, and similar recreation areas. To achieve this objective, all air conditioning units and any other equipment emitting noise that is audible from beyond the property line on which a facility is located shall be enclosed or equipped with noise attenuation devices that reduce the noise to the lowest feasible level. Backup generators shall only be operated during periods of power outages or for testing. (Ord. 2895 ~ 1,2003). 19.89.070 Variance. Any person may apply for a variance subject to the requirements and conditions of this title. (Ord. 2895 ~ 1,2003). 19.89.080 Abandonment. A. Prompt Removal. Notwithstanding provi- sions to the contrary found elsewhere in this title, a wireless telecommunications facility is considered abandoned and shall be promptly removed as pro- 19-269 (Revised 1/04) 19.89.090 vided herein if it ceases to provide wireless tele- communication services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. B. Notice, Appeal and Hearing. A written notice of the determination of abandonment, as noted in subsection (A) of this section, shall be sent by certified first class mail, return receipt requested, or personally delivered to the operator of the wireless telecommunications facility at said operator's business address on file with the city or the operator's agent for service of process on file with the California Secretary of State. Service shall be effective on the date the notice was signed for or received. If the mailed notice is returned unsigned, service shall be deemed effective three business days after the mailing of a duplicate notice by reg- ular first-class mail. The notice shall explain the consequences of failing to remove the facility and identify all hearing/appeal rights. The operator may appeal the determination of abandonment within 10 business days of being served with the notice. After receiving the appeal, city staff shall schedule a hearing on the matter to be conducted before the planning commission at which time the operator may present any relevant evidence on the issue of abandonment. The plan- ning commission may affirm, reverse, or modify with or without conditions the determination of abandonment and shall make written findings in support of its decision. The decision of the plan- ning commission shall be final. C. Nuisance. Any wireless telecommunications facility determined to be abandoned and not removed within 30 calendar days from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the planning commission following its final determination of abandonment, shall be in violation of this chapter, and the operator of such facility shall be subject to the penalties prescribed in this title and CVMC Title I. Facilities determined to be abandoned and not removed within the time limits prescribed herein, are deemed to be a nuisance, and notwith- standing the procedure described in subsection (B) of this section, may be abated as a nuisance in any manner provided by law. (Ord. 2895 ~ 1,2003). 19.89.090 Severability.* If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason determined to be unconstitutional, invalid, void or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, phrase or word thereof irrespective of the fact that anyone or more sec- tions, subsections, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, invalid, void or unenforceable. (Ord. 2895 ~ I, 2003). * Code reviser's note: Ordinance 2895 added this sec- tion as CVMC 19.89.080. It has been editorially renumbered to avoid duplication. (Revised 1/04) 19-270 A TT ACHMENT 6 PLANNING COMMISSION RESOLUTION RESOLUTION PCC-06-006 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-06- 006, A REQUEST TO CONSTRUCT AND OPERATE AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT 1090 APACHE DRIVE. WHEREAS, the area owned by SBC Communications, is the subject matter of this resolution, and for the purpose of general description is located at 1090 Apache Drive, Chula Vista CA 91910 ("Project Site"); and WHEREAS, a verified application for a Conditional Use Permit (PCC-06-006) was filed with the City of Chula Vista Planning and Building Department on July 22, 2005 by Cingular Wireless ("Applicant"); and WHEREAS, Applicant requests permission to operate an unmanned wireless telecommunications facility consisting of one monopine supporting 12 panel antennas and an equipment enclosure in the PC, Planned Community Zone; and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 3 categorical exemption from environmental review (CEQA Section 15303, new construction or conversion of small structures); and WHEREAS, the Planning and Building Department Director set the time and place for a hearing on the Conditional Use Permit and notice of the 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, a duly called and noticed public hearing was held at the time and place as advertised on April 12, 2006, at 6:00pm in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the City of Chula Vista to receive the recommendation of City staff and to hear public testimony with regard to the Project, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Permit PCC-06-006 in accordance with the findings and subject to the conditions contained in this Resolution. FINDINGS: 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The facility will provide and improve wireless telecommunication services for customers in the vicinity of Telegraph Canyon Road and Apache Drive. The facility will also improve coverage and capacity for the residences, businesses and emergency service providers including sheriff, police, fire and paramedics in this area of the City. 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 telecommunications facility has been designed and located to minimize impacts to surrounding uses. The antennas are mounted and concealed within a 50-foot high monopine and visually screened from view on Telegraph Canyon Road with new and existing landscaping. The height of the antennas are justified at 45 feet because the monopine is proposed on a depressed area on the site and must meet coverage objectives over a small berm separating the wireless facilIty from customers to the Southwest and Southeast portion of the community. The project, if maintained properly, will comply with all FCC standards for radio frequency emissions and operate quietly, emitting no fumes, smoke, dust, or objectionable odors. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Granting of this conditional use permit 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, including the City's Wireless Ordinance. That the Wireless Ordinance generally allows wireless facilities in all zoning districts with a conditional use permit. The proposed use will be built in such a way that complies with the Wireless Ordinance's development criteria and all other 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 project in that the conditions imposed are directly related to, and ofa nature and scope related to the size and impact of the project. 4. That the granting of such variance will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of this conditional use permit will not adversely affect the Chula Vista General Plan in that said Project is a passive use and, therefore will not adversely affect the policy and goals of the General Plan. The proposed use will be built in a location with minimal impact of the existing land use, and relatively minimal visual impact to the area because the antennas are largely concealed within a monopine. Monthly maintenance visits that the project may generate will not result in the intensification of the use ofthe site and is an insignificant increase in the traffic for the neighborhood. BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista hereby grants the Conditional Use Permit PCC-06-006 subject to the following conditions the applicant/property owner shall satisfy the following conditions herein: CONDITIONS OF APPROV AL I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: A. The Applicant shall submit plans for a building permit that comply with the following codes: a. 2001 California Building Code b. 2004 California Electrical Code B. Comply with all conditions ofPCC-06-006. C. Prior to, or in conjunction with the issuance of each building permit, the applicant shall pay all applicable fees, including permit processing, development impact fees and any and all outstanding fees due to the City Of Chula Vista. D. Submit full landscape and irrigation plans to the satisfaction of the City Landscape Architect as part of the building permit. Landscaping along Telegraph Canyon Road will be heavily scrutinized to ensure proper screening of the monopine from public VIew. II. Prior to Final Inspections: A. A final inspection of the facility shall be conducted by the Department of Planning and Building to ensure that all conditions of approval have been met and all necessary permits have been obtained. Electrical power to the facility shall not be enabled prior to the issuance of a final occupancy permit, unless such power is needed to test the facility's operation during construction and installation. If enabled for testing purposes, electrical power shall be disabled once testing is complete. B. Construct and maintain the project as shown on the plans. C. Provide a 4A-40BC fire extinguisher within the enclosure. III. The following on-going conditions shall apply to the subject property as long as it relies upon this approval: A. Permittee shall maintain the site in accordance with the approved plans dated January 5, 2006, which includes site plans, architectural elevations, exterior materials and colors, on file in the Planning Division, the conditions contained herein, and Title 19. B. Permittee shall comply with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit Issuance. C. The Conditional Use Permit is for an unmanned telecommunications facility. Access to the site shall be kept at a minimum and conducted in a manner that does not negatively impact normal business operations. D. This Conditional Use Permit authorizes only the use specified. Any new use or modification/expansion of uses shall be subject to the review and approval of the Zoning Administrator. E. Permittee shall cooperate with telecommunications companies in co-locating additional antennas on subject property provided any co-locators have received a conditional use permit for such use at the site from the City. Permittee shall exercise good faith in co- locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level-or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether Permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the Permittee and applicant. F. Permittee shall comply with ANSI standards for EMF emissions. Within six (6) month of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building, which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. The report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this Conditional Use Permit. G. Permittee shall ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the Conditional Use Permit. H. Permittee shall comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's final inspection, the permittee shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for industrial uses. The report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal approved on April 12, 2006 and 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 the Conditional Use Permit. I. Permittee shall regularly maintain the antenna site and associated equipment and remove all graffiti on a regular basis. J. Permittee shall allow the City to inspect the site six months after the issuance of building permits to check conformance with project plans and conditions of approval. K. 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 shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. L. Permittee/operator shall indemnify, protect, defend and hold harmless City, its Council members, 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. Permittee/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 Permittee' s/operator's successors and assigns. M. This Permit shall expire five (5) years after the date of its approval. After five (5) years, the Permittee may request an extension of this Conditional Use Permit by the Zoning Administrator. The Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval and shall determine, in consultation with the Permittee, whether the project needs to be modified from its original approval as part of the extension approval. N. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the date of its approval 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. O. Any violations of the terms and conditions of this Permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this Permit. P. If any of the foregoing conditions fail 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 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 granted in the resolution, institute and prosecute litigation to compel their compliance with the conditions or seek damages for their violation. Permittee or a successor in interest gains no vested rights by the City's approval of this Conditional Use Permit. Q. Upon cessation of the business operations and use of the antennas by the Permittee, the Permittee has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remove the antennas and accessory structure/equipment and return the site back to its original condition. IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL A. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the Applicant/Representative and Property Owner shall execute this document in duplicate by signing this original and all original duplicates on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understand and agree to the conditions contained herein, and will implement the same. Upon execution, one original document shall be recorded with the County Recorder's Office of the County of San Diego, at the sole expense of the Applicant/Representative, and an original duplicate, signed by the Applicant/Representative and Property Owner and stamped by County Recorder's Office, shall be retuned to the Project Planner in the Planning and Building Department. Failure to return the signed and stamped duplicate original of this document within thirty days of the date of its approval shall indicate the Applicant's/Representative's or Property Owner's desire that the project, and the corresponding application for a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant or Authorized Agent Date V. CONSEQUENCE OF FAILURE OF CONDITIONS A. If any of the foregoing conditions fail 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. VI. INVALIDITY; AUTOMATIC REVOCATION A. 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. PASSES AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 1th Day of April, 2006 by the following vote, to- wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Vicki Madrid, Chair Diana Vargas, Secretary J :\Planning\Case Files\-06 (FY 05-06)\PCC\Public Hearing\PCC-06-006\Resolutions\PCC-06-006 _ Reso _ III.doc PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 04/12/2006 ~ ITEM TITLE: Public Hearing: Consideration a five year extension of time to Conditional Use Permit PCC-90-25 at the Broadway Palomar RV Storage to Operate a storage yard for recreational vehicles at 1375 Broadway, within the S-94 zone. Broadway Palomar RV Storage is proposing to extend the time limit of an existing Conditional Use Permit for an Recreational Vehicle, Auto, and Boat storage business. The existing permit expired on December 5, 2005. Prior to this date Broadway Palomar applied for a five-year extension. The existing permit (PCC-90-25) was originally approved by the City Council in June of 1990 for a period of five years. A five-year extension oftime was granted in September 1995 and November 2000. As required through the previous approval (Resolution 18147), subsequent extensions ofthe existing permit may be approved or denied by the Planning Commission. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 categorical exemption pursuant to Section 15301(existing facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC-06-022 approvmg the Conditional Use Permit based on the conditions and findings contained therein. DISCUSSION: 1. Site Characteristics The project site consists of a rectangular shaped property of 4.5 acres with utility transmission towers bisecting the property from east to west. This existing storage lots contains 356 storage spaces and 20 customer parking spaces, and is surrounded by slatted chain-link fencing. The facility is open from 7:00 a.m. to 7:00 p.m. The interim zoning in effect for this property is S-94, a County designation for utility transmission zones, which allows open storage uses with approval of a use permit. The property is located within the previous Montgomery Specific Plan area. The Montgomery Specific Plan was replaced by the General Plan Update. 2. General Plan, Zoning and Land Use The following table specifies the types of land uses surrounding the project site: Page 2, Item: Meeting Date: 04/12/06 Site North South East West GENERAL PLAN Open Space Commercial Retail Commercial Thoroughfare Open Space Open Space ZONING S-94 CCP CTP S-94 S-94 CURRENT LAND USE RV and Auto Storage Retail Center Service Center/storage RV ParkingIMob. Home Vacant - Utilities 3. Proposal The proposal is for a five-year extension ofthe existing Conditional Use Permit allowing a storage yard for recreation vehicles. The previous CUP expired in December 2005 but Broadway Palomar applied prior to expiration date. This CUP will expire, ifnot extended, April 12, 2010. 4. Analysis The subj ect property was annexed from the County during the Montgomery annexation of 1986. At that time the property owner, Broadway Equities, was notified that the R.V. storage yard required a Conditional Use Permit from the City (it did not have the requisite major use permit from the County and was therefore not considered "grandfathered"). In 1988 the City Council approved the recreational vehicle storage yard for an eighteen-month term, subject to certain conditions. The Conditional Use Permit was subsequently revoked by the Planning Commission for the applicant's failure to comply with the conditions of the permit, and a new permit (the existing permit) was applied for and was ultimately approved by the City Council in 1990. The earlier revocation primarily centered around the applicant's failure to meet conditions of approval such as paving, screening, and landscaping, in a timely manner. Further, SDG&E easement areas were, at that time, among areas in Montgomery under study for consideration as open space and park area. By the time of the Council's final consideration in 1990, the applicant had met all of the original conditions of approval. Further, Council members at that time expressed concerns about the ability to plan for permanent usage ofthe easement areas given unresolved public health concerns regarding the question of electro-magnetic fields (EMF) effects. As a result, the Conditional Use Permit was approved subject to a time limitation of five years, which was intended to provide time for the studies that would resolve the issue of appropriate land uses for this and other properties under the easements. Since the 1990 approval ofthe Conditional Use Permit, the Parks and Recreation Department has no plans for park uses on this site in the near future. An extension of time of five years to this existing use is appropriate to allow for the implementation ofthe General Plan update and a determination as to the future use for this property. The existing permit was previously granted an extension of five years in November of 2000. The facility has operated without incident for the past five years and all conditions of approval have been Page 3, Item: Meeting Date: 04/12/06 met. The City has received no complaints regarding the site and has no code enforcement activities involving this property. The storage yard is open from 7:00 a.m. to 7:00 p.m. After hours, a night watchman is employed which provides effective security for the site. The applicant maintains all landscaping and screening in good condition. 5. Conclusion Based upon the existing condition ofthe site, its operational history ofthe past fifteen years, and the fact that long-term planning for SDG& E easements areas is not concluded, staff recommends approval of the five-year extension, subject to the conditions stated in the attached resolution. 1.) Locator Map 2.) Previous Resolution (Reso 18147) 3.) Resolution (PCC-06-022) 4.) Application Material /.../-rrA L. aWl f::1.1 ( I NORTH - -< "'- ~. - -' ~. .\-.' .~. -' .........--- ~ ':\ .4Tr4 c .u U1 f:::vtT :t.. RESOLUTION NO. 15674 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING APPEAL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW OPERATION OFA RECREATION VEHICLE STORAGE lOT OPERATING AT 1375 BROADWAY - BROADWAY EQUITIES, LTD. The City Council of the City of Chula Vista does hereby resolve as fo 11 ows : WHEREAS, in 1985 Broadway Equities Ltd. established an R.V. storage yard in a then County area without obtaining the legally required major use permit under 'County procedures, and WHEREAS, in 1986 the area in which the R. V. storage yard was maintained was annexed to the City of Chu1a Vista, and WHEREAS, in February, 1986, Broadway Equities was notified that its use was unlawful and required a conditional use permit, and WHEREAS, in April, 1987 Broadway Equities applie.d for a conditfonal use permit for said use, and ~: C,' WHEREAS, o~' JU1~.f"j~~,: '19~8.,;fhe; ~;i:ti, A~~~~h~ 'Qr;~~~~d', th~-'app~~l :,~t Bro~dw~ Equities from denial of the conditional use permit application 'by 'the Montgomery Area j'.Plann.ing ; Co~i~~~@,'r a~dfi ,tr.e- u~hula ,V,ista yCity" Planning Commissi~n ~nd ~r~nte<;l ,Condjtional U,se 'pe.n~nt[ p,CC-87~39M for. ~~~9~~hs(~ubj~~~ to certaln condltlons, and .', 'ir rl,~; (" '.. L,WHER;AS,. on'-:Qc;tob~r ~5,,; 1-989., ithe C~ula ,Vi sta. .City, Planning ',Comm~ssion revoked: <the: ,CO,ndi.t:iona,l f ;'Use i~entli1; ~.PCF-;81("~M [f9r.. app.li~ant' s , fa.i)~r~~. ~9 timely. comply ~ ~itb: t~e 2~PQ~1:t~ p~spf ~~j ~~; P'Q1I~~ ~f19 ~pp,~ 1 ~~1I'~c:t~~e~y, ~ppeal ~d said revocation, and .c,~::-, ,'::;,; 'I: ': , i, WtiEREAS,: :dTl i J,anuary, 1.~9o." rappJjcal),t;,' .filep.: an. (. app\i~ationr !;for a new cOr;ld1t.i ona 1., use _~e.rmi:~ ,for> the, .i~~'t'~ 'I~i~e fQr. th~, sam~,~,us~, ary~:' 0:":, ranuar;y,,, 24~ 1990:, r j:h~i ::.Ch!Jl a, :V~($t~ .~i::ty., P:l. anl'!i:ng, ,;Colll1\;;~sI1:~n :,d~~1~~ f~PP1 icaryt~.s appl ~ ,::aM pn for a new conditional use permit in PCC-90-25M, and app11cant tfmely~~npea,]'ed said denial, and ., ,,(..J; . r., WHEREAS, ~aid appeals have been combined for joint consideration and came on for hearing on May 10 and May 17, 1990, and the Council having heard evidence in a public hearing and being fully informed in the premises, and Resolution No. 15674 P{\ge 2 ' -- WHEREAS, staff was di rected to bring back suitabl e fi ndi ngs to grant an appeal, and WHEREAS, an Initial Study IS 87-56M of possibl e adverse envi ronmental impacts of the project was conducted by the Environmental Review Coordinator )n May 22, 1987 who.concluded that there would be no significant environmental ~ffects and recommended that a Negative Declaration be adopted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula fista does find that it has considered the information contained in IS 87-56M )rior to making a decision on this project, and hereby certifies that said legative Declaration has been prepared in accordance with CEQA and the ;nvironmental Review Procedures of.the City of Chu1a Vista. BE IT FURTHER RESOLVED that the appeal of the Planning Commission tevocati on of Condi ti ona 1 Use Permi t PCC-87 -37M is deni ed as both correct on :he merits and moot. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista loes hereby grant the appeal of the Planning Commission denial of a :onditional Use Permit and hereby grants a Conditional Use Permit to Broadway :quities, Ltd. to allow operation of a recreation vehicle storage lot 'perating at 1375 Broadway, based on the following findings: 1. The proposed use as conditioned is not in conflict with the adopted .pecific plan for the Montgome~ area, NSpecial Study Area.u 2. Effective visual screening, landscaping and the provision of adequate 'ire protection systems are a benefit to the property and are an improvements ,0 the area. 3. The proposed use does meet with the regulations and conditions pecified in the Code for landscaping, height limitations and visual screening nd as such complies with the regulations and conditions specified in the Code or such use. 4. The granting of this major use penuit as conditioned would not onflfct with, the planning and design proposals of the Montgome~ Specific Ian and, therefore, will not adversely affect the General Plan of the City of hula Vista. BE IT FURTHER RESOLVED that the Conditional Use Permit No. PCC-90-25 is ~bject to the following conditions: No vehicles over 14 feet in height, or stacking of material on vehicles resu1 ti ng in a hei ght greater than 14 feet, shall be permi tted on the site. No vehicles or materials over 6 feet in height shall be located within 30 feet of the fence along Broadway. -- Resolution No. 15674 Page 3 3. The Conditi onal Use Permit shall allow for the operation of .a recreational vehicle storage yard, as provided for in Section 19.58.400 of the Chula Vista Municipal Code. Storage shall be limited to recreational vehicles, as well as a limited number of automobiles, trucks, and other similar vehicles, which the City Council has determined will provide a convenience to the residents of the area, and are similar to and no more objectionable than recreational vehicles. All vehicles shall be operable, and no dismantling or repair work shall be permitted on site. The applicant shall provide a current list of types of vehicles which are intended to be stored on site, which shall be subject to the review and approval of the Director of Planning for conformance with this condition. 4. The term of the Conditional Use Permit shall be for a maximum of five years, or until sixty days after the applicant receives written notification from the City that the City Council has made a determination as to the proper use for the San Diego Gas & Electric utility easements and fee ownerships after completion of the Montgomery Special Study, whichever comes first. 5. The hours of operation of the facility shall not be greater than 7 a.m. until 7 p.m. 6. All improvements, including landscaping, shall be maintained by the applicant in a first-class condition. 7. The applicant shall utilize a standard rental or lease agreement for all space rental s, which shall incl ude the foll ow; ng information relative to restrictions contained in the Conditional Use Permit: a. Types of vehicles which are allowed to be stored on the site. b. Height restrictions on vehicles within the facility. c. Other use restrictions. d. Notification that the use may be terminated with notice after completion of the Montgomery Special Study. 8. A report shall be filed with the City on an annual basis by the applicant, as required pursuant to Section 19.58.400 of the Chula Vista Municipal Code. The report shall include the following: a. A copy of the standard space rental or lease agreement. referenced in Condition No.7, and verification that this agreement has been utilized for all space rentals during the previous year; b. Verification of .property maintenance in accordance with conditions of approval (e.g., photographs of site, copy of contract for landscape maintenance); c. Any other information which the City deems necessary and reasonable to determine compliance with the conditions of the Conditional Use Permit, as determined by the Director of Planning. --- .. ....... ~eso1ution No. 15674 )age 4 ~. San Diego Gas & Electric shall install curbs, gutters, sidewalks, and . other related improvements to that portion of the San Diego Gas & Electric utility easemen~ fronting on the west side of Broadway. SDG&E shall submit plans for these improvements within sixty (60) days of this approval, and shall construct these improvements in accordance with a schedule to be approved by the City Engineer and Director of Planning. The City of Chula Vista will cooperate with SDG&E to expedite processing of plans for these improvements. 10. This Conditional Use Pennit is expressly conditioned upon the payment by the applicant of an in-lieu mitigation fee in the sum of $7,500 per year, payable to the City Director of Finance at the rate of $625.00 per month on or before the 10th of each calendar month. This in-lieu mitigation fee is acknowledged by the applicant as arising out of a reasonable nexus between the use of the property as an RV storage park instead of other open space or parks and recreation use, for which the property is more appropriate. Accordingly, the amounts paid by applicant during the life of this. Conditional Use Pennit shall be placed in an appropri.ate fund or funds related to acquisition and/or development of open space and/or parks and recreation facilities in the Montgomery Community. resented by Approved as to fonn by E;( ,tL ob Leiter irector of Planning -- Resolution No. 15674 Page 5 PASSED~ APPROVED. and ADOPTED by the City Council of the City of Chula Vista~ California~ this 12th day of June~ 1990 by the following vote: AYES: Councilmembers: McCandli 5S ~ Moore, Nader. Cox NOES: Councilmembers: None ABSENT: Council members: Malcolm ABSTAIN: Councilmembers: None ATTEST: ~~~~~ ever y u' he e, 1 y erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SSe CITY OF CHULA VISTA ) I~ Beverly A. Authelet~ City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15674 was duly passed~ approved~ and adopted by the City Council of the City of Chula Vista. California. at a regular meeting of said City Council held on the 12th day of June~ 1990. Executed this 12th day of June, 1990. ~t~~ ever y . Aut e e ~ ty (; I erk RESOLUTION NO. 18147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A FIVE YEAR EXTENSION FOR CONDITIONAL USE PERMIT PCC-90~25 TO BROADWAY PALOMAR RV STORAGE TO OPERATE A STORAGE YARD FOR RECREATIONAL VEHICLES AT 1375 BROADWAY I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Broadway Palomar RV Storage and for the" purpose of general description herein consists of 4.5 acres of land located at 1375 Broadway ("project site"); and B. Project Applicant WHEREAS, on May 23, 1995 a duly verified application for extension of a conditional use permit (PCC-90-25M) was filed with the City of Chula Vista Planning Department by Broadway Palomar RV Storage ("applicant"); and . C. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests the extension of an existing conditional use permit to authorize the continued operation of an existing recreational vehicle storage yard for a five-year period ("project"). subject to extension at the end of that term. and is also requesting that the previous condition requiring payment of a park mitigation in-lieu fee be discontinued on the Project Site, ; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 27, 1995 and voted 5-0 to recommend that the City Council approve the extension in accordance with Planning Commission Resolution PCC-90-25M; and . E. City Council Record of Application WHEREAS. a duly called and noticed public hearing on the project was held before the city council of the City of Chula Vista on December 5. 1995 to receive the recommendation of the planning commission. and to hear public testimony with regard to same. . NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: Resolution 18147 Page 2 I. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the planning commission at their public .hearing on this project held on September 27, 1995. and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. II. ENVIRONMENTAL DETERMINATION The environmental review coordinator has concluded that the project is exempt from environmental review under the California Environmental Quality Act ("EOA ") as a Class 1 exemption. III. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chuta Vista does hereby make the findings required by the city's rules and regulations for the issuance of conditional use permits. as hereinbelow set forth. and sets forth, thereunder, the evidentiary basis that permits the stated findings to be made. A. That the proposed use at the location is neoessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The recreational vehicle storage yard provides a facility which assists property owners in keeping large recreational-type vehicles off of the public streets, which is desirable and contributes to the well-being of the community. Landscaping improvements made to the property by the applicant, have further contributed to the well-being of the neighborhood in which this property is located. B. 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 existing RV storage yard has been legally operating under a conditional use permit for the past five years, and has not proven to be detrimental to the health. safety. or general welfare of persons or property within the vicinity. The project will be similarly conditioned for the length of the five-year term of extension, which will ensure that continued operations adhere to the same standards. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Compliance with all applicable codes. conditions. and requirements shall be required throughout the duration of this use. Resolution 18147 Page 3 D. 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 approval of this permit is consistent with city policies, the Montgomery Specific Plan, and the General Plan. IV. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-90-25M subject to the following conditions: 1 . The term of the Conditional Use Permit shall be for a maximum of five years and shall expire on December 5, 2000, and thereafter, the applicant will no longer be allowed to continue the use herein permitted after this date, unless further extended. Applicant is hereby advised that the duration of this permit may not provide the applicant with an opportunity to receive a reasonable return on any investment that may require a longer amortization term than allowed by this permit. Any such investment will be made at the Applicant's risk. Any subsequent extensions of this permit may be approved or denied by the planning commission, in accordance with Municipal Code Section 19.58.400. Any application for extension shall be submitted to the Planning Department a minimum of three months prior to the expiration date. 2. The Conditional Use Permit shall allow for the operation of a recreational vehicle storage yard, as provided for in Section 19.58.400 of the Chula Vista Municipal Code. Storage shall be limited to recreational vehicles, as well as a limited number of automobiles, trucks, and other similar vehicles. All vehicles shall be operable, and no dismantling or repair work shall be permitted on the Project Site. The applicant shall provide a current list of types of vehicles which are intended to be stored on site, which shall be subject to the review and approval of the director of planning for conformance with this condition. 3. No vehicles over 14 feet in height, or stacking of vehicles or materials on vehicles resulting in a height greater than 14 feet, shall be permitted on the project site. 4. No vehicles or materials over 6 feet in height shall be located within 30 feet of the fence along Broadway. 5. The hours of operation of the facility shall not be greater than 7 a.m. until 7 p.m daily. 6. All improvements, including landscaping and screening, shall be maintained by the applicant. Landscaping shall be maintained as originally approved and installed, as indicated in the landscape plan dated May 11, 1988 (Project No. 88-03) on file in the office of the planning department. 7. The applicant shall maintain affective security measures for the purpose of ensuring a project site. Resolution 18147 Page 4 8. The applicant shall utilize a standard rental or lease agreement, to be approved by the planning director, for all space rentals, which shall include the following information relative to restrictions contained in the Conditional Use Permit: a. Types of vehicles which are allowed to be stored on the site. b. Height restrictions on vehicles within the facility. c. Other use restrictions. d. Notification that the use may be terminated with notice after completion of the Montgomery Special Study. 9. A report shall be filed with the city on an annual basis by the applicant, as required pursuant to Section 19.58.400 of the Chula Vista Municipal Code. The report shall include the following: a. A copy of the standard space rental or lease agreement, referenced in Condition No.8, and verification that this agreement has been utilized for all space rentals during the previous year; b. Verification of property maintenance in accordance with conditions of approval (e.g., photographs of site, copy of contract for landscape maintenance) ; c. Any other information which the city deems necessary and reasonable to determine compliance with the conditions of the Conditional Use Permit, as determined by the director of planning. 10. The previously-required parks in-lieu mitigation fee is hereby discontinued. V. ADDITIONAL TERMS AND PROVISIONS OF GRANT 1 . Comply with all city ordinances, standards, and policies except as otherwise provided in this resolution. Any violation of city ordinances, standards, and policies, or any condition of approval of this Conditional Use Permit, or any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. 2. This approval shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which city shall 'impose after advance written notice to the grantee and after the city has given to the grantee 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 grantee of a substantial revenue source which the grantee can not, in the normal operation of the approval granted, be expected to economically recover. .- Resolution 18147 Page 5 3. This conditional use permit extension 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. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 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 applicants, and a signed. stamped copy returned to the city clerk with a copy forwarded to the planning department. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the city clerk . shall indicate the property owner's/applicants' desire that the project be held in abeyance without approval. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this resolution is dependent upon the enforceability of each and every term. provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no rther force d effect ab initio. l'fL;fd iL Robert A. Leiter Planning Director ~ ~~ Bruce M. Boogaard City Attorney Presented by Resolution 18147 Page 6 Exhibit A . . ....-} . I . . .. ' . , PROJECT LOCATION i .. o of f . .. . ..., o .,-......, ' 01 o . , ! ~ NO~ rH CHULA VISTA PLANNING DEPARTMENT =.r, Iv~~ PJomar CONDmONAL USI 'lIMIT fIIOIICf '.71..... t.ett...... ,., ~ '" ............. ..... ..~ ..""......... 1167A.'" J,.or.r 4.1. ~: '00' 'II 110M.... Pee. to .25M - Resolution 18147 Page 7 - . PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of December, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilla, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABST AIN: Councilmemb!3rs: None ~~n. Maym ATTEST: ~ () Il7!./1J. Beverly . Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18147 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of December, 1995. Executed this 5th day of December, 1995. 4W.qcWWJ~, .~ RESOLUTION NO. PCC-06-022 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION GRANTING A FIVE-YEAR EXTENSION OF TIME TO CONDITIONAL USE PERMIT PCC-90-25 AT THE BROADWAY PALOMAR RV STORAGE TO OPERATE A STORAGE YARD FOR RECREATIONAL VEHICLES AT 1375 BROADWAY. A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Broadway Palomar R V Storage and for the purpose of general description herein consists of 4.5 acres ofland located at 1375 Broadway ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Conditional Use Permit (PCC-06-022) was filed with the City of Chula Vista Planning Department on October 19, 2005 by Broadway Palomar RV Storage ("Applicant"); and WHEREAS, said application requests an extension oftime to an existing Conditional Use Permit for the operation of a recreational vehicle storage facility on the Project Site, and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (existing facilities) ofthe State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Permit 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 scheduled and advertised for April 12, 2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. Resolution PCC-06-022 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby find, determine and resolve as follows: I. FINDINGS 1. That the proposed use at the location is necessary or desirable to provide a service or facility, which will contribute, to the general well being ofthe neighborhood or the community. The proposed use at the location will contribute to the general well being of the community by providing a facility that assists property owners in keeping large recreational vehicles off of the public streets. Keeping recreational vehicles off public streets is a public good that contributes to strong community charter and image. 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. Approval of this project includes conditions that serve to minimize impacts of this facility on persons in the vicinity. To minimize visual impacts the project is screened with fencing and landscaping. Hours of operation are limited and limits on the number and size of vehicles permitted to be stored at this facility are set to reinforce the safety and serenity of the area, and seeks to establish a coherent, aesthetic character to the Southwest Planning Area. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed five-year extension is an appropriate use for the SDG&E easement area located in the S-94 Zone, a County designation for utility transmission zone which allows open space uses with approval of a use permit. This proposal for a five-year extension meets the development standards address in CVMC19.58.400 and will ensure compliance with all applicable conditions, codes, and regulations will be required prior to issuance of development permits. 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 this five-year Conditional Use Permit extension will not adversely affect the Chula Vista General Plan and is in substantial conformance with City policies. Approval of this extension is judged by the Planning Commission to represent an interim use of land based upon zoning, development patterns and or pending plans. Interim recreational vehicles storage yards shall be granted for a maximum period of five years with extensions subjects to rehearing before the Planning Commission. Resolution PCC-06-022 Page 3 BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista hereby grants the Conditional Use Permit PCC-06-022 subject to the following conditions the applicant/property owner shall satisfy the following conditions herein: II. CONDITIONS OF APPROVALS A. The term of the Conditional Use Permit shall be for a maximum of five years and shall expire on April 12, 2011, and thereafter, the applicant will no longer be allowed to continue the use herein permitted after this date, unless further extended. Applicant is hereby advised that the duration of this permit may not provide the applicant with an opportunity to receive a reasonable return on any investment that may require a longer amortization term than allowed by this permit. Any such investment will be made at the Applicant's risk. Any subsequent extensions of this permit may be approved or denied by the Planning Commission, in accordance with Municipal Code Section 19.58.400. Any application for extension shall be submitted to the Planning Department a minimum of three months prior to the expiration date. B. The Conditional Use Permit shall allow for the operation of a recreational vehicle storage yard, as provided for in Section 19.58.400 of the Chula Vista Municipal Code. Storage shall be limited to recreational vehicles, as well as a limited number of automobiles, trucks, and other similar vehicles that are similar to and no more objectionable than recreational vehicles. Storage of non-recreational vehicles shall be limited to 20% ofthe 356 total storage spaces. All vehicles shall be operable, and no dismantling orrepairwork shall be permitted on the Project Site. The applicant shall provide a current list of types of vehicles that are intended to be stored on site, which shall be subject to the review and approval of the Director of Planning and Building for conformance with this condition. C. No vehicles over 14 feet in height, or stacking of vehicles or materials on the vehicles resulting in a height greater than 14 feet, shall be permitted on the project site. E. No vehicles or materials over 6 feet in height shall be located within 30 feet ofthe fence along Broadway. F. The facility shall not be open earlier than 7 a.m. nor later than 7 p.m. G. Applicant shall arrange a safety inspection with the Police Department which will review aspects such as lighting, fencing, alarm systems, etc. H. The site shall be used and maintained in accordance with the approved site plan dated February 17, 2006. All improvements, including landscaping and screening, shall be maintained by the applicant. Landscaping shall be maintained as originally approved and installed, as indicated in the landscape plan dated May 11, 1988. Resolution PCC-06-022 Page 4 I. Twenty (20) parking spaces shall be maintained for customer parking. J. No parking of vehicles or storage of materials is permitted beneath the on-site utility towers. K. The Applicant shall include in all space rental or lease agreements, in a form to be approved by the Planning Director, the following information relative to restrictions contained in the Conditional Use Permit: 1. Types of vehicles that are allowed to be stored on the site. 2. Height restrictions on vehicles within the facility. 3. Other use restrictions L. A report shall be filed with the Director of Planning and Building on an annual basis by the applicant, as required pursuant to Section 19.58.400 of the Chula Vista Municipal Code. The report shall include the following: 1. A copy of the standard space rental or lease agreement, referenced in Condition K, and verification that this agreement has been utilized for all space rentals during the preVIOUS year; 2. Verification of property maintenance in accordance with conditions of approval (e.g. photographs of site, copy of contract for landscape maintenance); 3. Any other information that the city deems necessary and reasonable to determine compliance with the conditions ofthe Conditional Use Permit, as determined by the Director of Planning and Building. M. Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Permit approval by the Director of Planning and Building. N. This Conditional Use Permit shall become void and ineffective ifnot utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. O. This Conditional Use 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 shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. P. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court Resolution PCC-06-022 Page 5 costs and attorney's 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 without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other 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 the Applicant's/operator's successors and assigns. III. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. A copy of this resolution shall be recorded against the property. 2. Any violations ofthe terms and conditions ofthis permit shall be ground for revocation or modification of permit. IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning and Building Department. Failure to return the signed true copy ofthis document within thirty (30) days 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. Signature of Property Owner Date Signature of Representative Date X. INVALIDITY; AUTOMATIC REVOCATION It is the intention ofthe 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 Resolution PCC-06-022 Page 6 in the event the applicant or its assigns or successors in interest challenge anyone or more terms, provisions or conditions, and 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. Resolution PCC-06-022 Page 7 THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA this lih day of April, 2006, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Vicki Madrid, Chair ATTEST: Diana Vargas, Secretary to Planning Commission J :\Planning\Case Files\-06 (FY 05-06)\PCC\Public Hearing\PCC-06-022\Resolutions\PCC-06-022.RESO.doc ,4- (f-A- C f..I---vV/"'6-vt -r '-f BROADWAY PALOMAR RV STORAGE 1375 Broadway. Chula Vista, CA 91911 Phone (619) 425-4576 . Fax (619) 425-4844 January 11, 2006 Sydney Blanco City of Chula Vista Planning & Building Department 276 Fourth Avenue Chula Vista, CA 91910 RE: Environmental concerns for 1375 Broadway Dear Mr. Blanco: Per our conversation in December, we are addressing the environmental issues for our business. Our business does not generate or store any type of hazardous or environmental waste or refuse. Weare basically an enclosed lot for individuals to park their recreational vehicles. We do not allow customers to work on their vehicles in our yard so we do not have auto parts or fluids to dispose of. We do not have a dumping station therefore our business does not generate a lot of trash. We mainly have basic household trash. If anything may be considered waste, it is the portable toilet that we have on the premises for our staff and customers. This toilet is maintained by Spankys Portable Services on a weekly basis. They come to clean the waste every week on Thursday. We also have one dumpster that is maintained by Allied Waste every week on Tuesday. It is our understanding that we are not required to maintain any type of environmental program since we qualify for a Class 1 categorical exemption pursuant to section 15301 (existing facilities) of the state CEQA Guidelines. This is stated in the Notice of Consideration of an Application letter from the City Zoning Administrator dated November 21,2005. I hope we have answered all your concerns regarding this subject but if there is anything else you need, please do not hesitate to call me. Sincerely, ~.~ Christina Naugle .. .... Broadway/Palomar RV Storage Owner Sydney Blanco From: Sent: To: Subject: Jorge Rodriguez Oorgechristina@cox.net] Thursday, December 15, 2005 8:47 AM Sydney Blanco Matrix for BPRV ~.d:i ~ Type and Height.xls Hi Sydney- Here is the matrix for Broadway Palomar RV. It just shows that type and height of each vehicle by space number. Please let me know if this is what you had in mind or if you would like me to modify it in some way. See you on Monday - have a great weekend. c. 1 BROADWAY PALOMAR RV STORAGE 1-4 n/a Office Trailer 5 30 RV 8 6 30 RV 9 7 30 RV 8 8 30 BPRV Storage 10 9 30 RV 10 9a Odd Motorcycle 4 10 30 RV 10 11 30 RV 8 12 30 open 13 30 RV 11 14 30 RV 9 15 30 RV 9 16 30 Comm 14 17 30 RV 11 18 30 RV 9 19 30 open 20 30 RV 10 21 30 Comm 14 22 30 Boat 6 23 30 RV 11 24 30 RV 11 25 30 RV 8 26 30 RV 9 27 30 RV 8 28 30 RV 10 29 30 RV 9 30 30 RV 10 31 35 RV 10 32 35 Boat 9 32a 35 RV 10 34 45 Comm 14 35 45 Comm 10 36 45 Comm 9 37 35 RV 10 38 40 Boat 10 39 35 RV 9 40 35 RV 9 41 40 RV 8 44 40 RV 9 45 35 RV 11 46 35 RV 11 47 35 RV 10 48 40 RV 11 49 35 RV 10 50 35 RV 11 51 35 RV 10 52 40 RV 12 53 40 RV 12 54 35 RV 11 55 35 RV 12 BROADWAY PALOMAR RV STORAGE I 56 35 RV 11 , 57 35 RV 11 58 35 RV 12 59 35 RV 13 60 35 RV 12 61 35 RV 12 62 25 RV 11 63 25 RV 9 64 25 Boat 6 65 25 Boat 6 66 25 RV 8 67 20 Car 6 68 20 Car 5 69 20 RV 4 70 20 Car 5 71 20 Car 4 72 20 RV 9 73 20 Car 5 74 20 RV 3 75 20 RV 3 76 20 RV 4 77 20 RV 5 78 20 RV 8 79 20 open 80 20 RV 3 81 20 RV 3 82 20 Car 5 83 20 RV 3 84 20 RV 5 85 20 open 86 20 Car 5 87 20 Car 5 88 20 Car 5 88a 20 Boat 5 89 20 RV 6 90 20 RV 4 91 20 Car 5 92 20 Car 4 93 20 Car 5 93a 20 Car 4 94 35 Comm 9 95 35 Comm 8 96 35 RV 11 97 35 Boat 7 98 35 Boat 11 99 35 RV 10 100 35 RV 10 101 30 Car 5 102 15 Car 5 103 15 Car 5 104 15 open BROADWAY PALOMAR RV STORAGE i I 105 30 RV 10 106 30 Boat 10 107 15 Car 6 108 30 RV 6 109 25 RV 7 110 25 RV 8 111 25 RV 9 112 30 RV 10 114 30 RV 12 115 30 RV 10 117 20 RV 8 118 25 RV 9 119 25 Boat 5 120 25 RV 12 121 20 Boat 5 122 15 Car 4 123 25 RV 9 124 25 Boat 5 125 15 Car 5 126 25 RV 11 127 20 RV 9 128-157 n/a 158 60 Comm 14 159 45 Comm 14 160 60 RV 9 161 30 Comm 14 162 30 RV 10 163 30 RV 9 164 25 Boat 6 165 25 Boat 7 166 30 Comm 14 167 30 Comm 14 168 30 Comm 6 169 30 RV 10 170 30 RV 6 171 30 RV 9 172 30 Boat 8 173 30 RV 8 174 60 Car 4 175 60 Comm 14 176 60 Comm 14 177 60 Comm 14 178 30 Comm 12 179 30 Boat 9 180 30 open 181 20 RV 8 182 20 RV 8 184 15 Car 4 187 15 Car 4 188-199 n/a 200 15 RV 7 BROADWAY PALOMAR RV STORAGE I 203 15 Car 4 206 15 RV 7 207 15 RV 8 208 15 Car 5 210 35 Comm 13 211 35 RV 10 212 35 RV 9 213 35 RV 9 214 35 RV 12 215 35 Boat 12 216 35 RV 11 216a 30 RV 11 217 45 Comm 8 218 45 RV 10 219 45 Comm 14 220 45 Comm 14 221 45 Comm 14 222 45 RV 14 223 35 RV 11 224 45 RV 12 225 40 RV 14 226 45 RV 12 227 40 RV 12 228 40 RV 13 229 30 Boat 10 230 35 RV 8 231 25 RV 8 232 25 open 233 25 Comm 6 234 25 RV 8 235 25 RV 8 236 25 RV 8 237 25 Car 4 238 25 Comm 8 239 25 open 240 25 RV 3 241 25 RV 8 242 25 open 243 25 open 244 25 RV 9 245 25 RV 8 246 25 RV 8 247 25 RV 7 248 20 Car 6 249 20 Boat 6 250 20 RV 6 250A odd Boat 6 251 25 Comm 6 252 25 RV 6 253 20 Car 6 254 20 Boat 6 I BROADWAY PALOMAR RV STORAGE 255 25 RV 8 256 30 RV 8 257 30 RV 12 258 30 Boat 7 259 30 RV 11 260 30 Car 4 261 30 Boat 8 262 30 RV 8 263 30 RV 8 264 30 Comm 13 265 30 266 30 open 267 30 Car 4 268 25 Boat 7 269 30 RV 10 270 30 RV 10 271 35 Comm 13 272 30 RV 9 273 30 RV 10 274 30 RV 11 275 35 Boat 6 276 30 RV 12 277 30 RV 11 278 30 Boat 10 279 30 RV 10 280 30 Boat 8 281 30 RV 8 282 35 RV 10 283 30 RV 9 284 35 RV 10 285 30 Boat 8 286 30 RV 16 286A 35 Comm 12 287 35 RV 10 288-290 n/a 291 30 Boat 11 292 30 RV 8 293 30 RV 9 294 30 RV 9 295 30 RV 11 296 30 Boat 10 297 30 RV 11 298 30 Boat 9 299 30 RV 8 300 30 Comm 14 301 30 RV 8 302 30 RV 8 303 30 RV 8 304-307 n/a 308 30 RV 9 309 30 RV 8 BROADWAY PALOMAR RV STORAGE I 310 30 RV 11 311 30 Boat 12 312 25 RV 8 313 25 open 314 25 open 314b 15 Car 6 314c 15 Car 6 315 20 RV 4 316 20 RV 4 317 20 Car 4 318 20 open 319 20 RV 7 320 20 Comm 12 321 20 Car 6 322 20 RV 2 323-327 20 open 328 20 RV 3 329 20 Car 4 330 20 Car 6 331 220 Car 6 332 20 Car 4 333 20 RV 7 334 20 RV 8 335 20 Boat 5 337 25 RV 10 338 25 Boat 3 339 25 open 340 25 RV 10 341 25 open 342 25 Boat 6 343 25 RV 3 344 25 RV 9 345 25 RV 8 346 25 RV 8 347 25 RV 8 349 25 Boat 6 350 25 Car 4 352 25 RV 8 343 25 RV 8 354 25 RV 8 355 25 RV 9 356 25 Boat 7 400-406 - Car 5 I BROADWAY PALOMAR RV STORAGE