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HomeMy WebLinkAboutReso 2009-126RESOLUTION NO. 2009-126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ADOPTING MITIGATED NEGATIVE DECLARATION IS-08-006; (2) APPROVING CONDITIONAL USE PERMIT PCC-08-008; (3) AND APPROVING DESIGN REVIEW PERMIT DRC-08-14 TO ALLOW THE CONSTRUCTION OF A 14,105 SQUARE-FOOT, ONE-STORY, INDUSTRIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS FOR THE ESTABLISHMENT OF A RECYCLING CENTER AT 1778 BROADWAY A. RECITALS Project Site WHEREAS, the pazcel, which is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1778 Broadway, Chula Vista; and 2. Project; Applications for Discretionary Approval WHEREAS, on November 21, 2007 a duly verified application for a Rezone (PCZ-08- O1), aConditional Use Permit (PCC-08-008), and Design Review Permit (DRC-08-14) was filed with the City of Chula Vista on behalf of Latif Zoura (Applicant) to enable the development of a 14,105-square foot one story building and associated site improvements for the establishment of a recycling center at 1778 Broadway (Project); and Environmental Determination WHEREAS, an Initial Study conducted by the City of Chula Vista Environmental Review Coordinator determined that the proposed project may have potentially significant environmental impacts, however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. Thus Mitigated Negative Declazation (IS-08-006) has been prepared in accordance with Section 15070 of the State of California Environmental Quality Act (CEQA) guidelines; and 4. Planning Commission Record on Application WHEREAS, on May 13, 2009, a Planning Commission heazing time and place was set for said Rezone 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 ten (10) days prior to the hearing; and Resolution No. 2009-126 Page 2 WHEREAS, a heazing at the time and place as advertised, namely May 13, 2009, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08-006; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 6-0-0-1 that the City of Chula Vista City Council adopt Mitigated Negative Declazation and Mitigation Monitoring and Reporting Program, IS-08-006 and approve the Rezone (PCZ-08-O1) of the 0.88-acres site at 1778 Broadway from Commercial Thoroughfaze with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL-P) Zone; and WHEREAS, the proceedings and all evidence introduced on this Application before the Planning Commission at their public hearing held on May 13, 2009, and the minutes and resolutions resulting therefrom, aze hereby incorporated into the record of this proceeding; and 5. Chula Vista Redevelopment Corporation Record on Application WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation for consideration of the Project and notice of said heazing, 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 boundazies of the property, at least ten (10) days prior to the heazing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public heazing to consider said application at the time and place as advertised, namely May 14, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed; and WHEREAS, the proceedings and all evidence introduced on this Application before the Chula Vista Redevelopment Corporation at their public hearing held on May 14, 2009, and the minutes and resolutions resulting therefrom, aze hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08-006; and WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence and testimony presented recommended by a vote of 5-0-0-1 that the Chula Vista City Council adopt Mitigated Negative Declazation and Mitigation Monitoring and Reporting Program, IS-08- 006 and approve the Rezone (PCZ-08-O1) of the 0.88-acres site at 1778 Broadway from Commercial Thoroughfaze with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL- P) Zone, and approve Conditional Use Permit (PCC-08-008) and Design Review Permit (DRC- 08-14); and Resolution No. 2009-126 Page 3 6. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised, namely May 26, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-08-006, in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Environmental Review Coordinator determined that the project could result in effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator prepared a Mitigated Negative Declazation, IS-08-006. C. INDEPENDENT NDGMENT OF CITY COUNCIL The City Council finds that, in the exercise of its independent judgment, as set forth in the record of its proceedings, the Mitigated Negative Declazation and Mitigation Monitoring and Reporting Program (IS-08-006), which is on file in the Development Services Department, has been prepazed in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista; and that the Project's environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the permittee/Project applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program. D. CONDITIONAL USE PERMIT FINDINGS The City Council does hereby find in accordance with CVMC § 19.14.080 for the issuance of Conditional Use Permits the evidentiary basis that permits the stated findings to be made. Resolution No. 2009-126 Page 4 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed recycling facility is desirable because it will increase general public convenience by providing for the demand for recycling services necessary for the implementation of recycling efforts in the azea. The project will provide a convenient facility for the general public to return recyclable items, contribute to the re-cycle, re-use of resources and obtain a monetary refund that will support family finances. The proposed project, as designed, will provide a new building facility that will enhance the azea and add an architectural feature to the vicinity. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The project will not be detrimental to health, safety or general welfare of persons residing or working in the vicinity. The proposed project, as conditioned, complies with the adopted zoning and development standazds for the site, as well as the established guidelines of the Chula Vista Design and Landscape Manuals. The project will provide a useful, convenient, beneficial facility to the immediate azea and the Chula Vista community. The project will provide a facility with quality azchitectural design, landscaping, and convenient parking. The project is well planned in terms of its internal circulation and interface with the street, and it will not create traffic impacts or spill-over negative effects. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use. The project complies with the regulations and development standazds of the Limited Industrial zone, and the guidelines of the City's Design and Landscape Manual. The approval of this conditional use permit is contingent on the Applicant/Property owner's commitment to satisfy all conditions of approval and to comply with all applicable regulations and standazds specified in the Chula Vista Municipal Code for recycling center uses. 4. That the granting of this conditional use wiU not adversely affect the General Plan of the City or the adopted plan ojany government agency. The granting of the Conditional Use Permit for the proposed project will not adversely affect the City's General Plan. The subject site is being rezoned from CT-P to IL-P to implement the 2005 General Plan's Land Use and Transportation (LUT) Policy 45.6 for this azea and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this area of the redevelopment project area. As proposed, the designated Limited Industrial zone allows the project through the issuance of the Resolution No. 2009-126 Page 5 Conditional Use Permit contained herein, which would provide a recycling facility that will provide needed recycling services for the community. As such, the Project is consistent with the General Plan and Zoning Ordinance and Restated Redevelopment Plan (2004), and will contribute to facilitate and encourage the community to recycle. E. CONDITIONS OF APPROVAL I. The following shall be accomplished to the satisfaction of the Development Services Director and prior to issuance of building permits, unless otherwise specified: Planning Division 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans to the satisfaction of the Development Services Director, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1483. 3. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Development Services Director prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regazding graffiti control. 4. A]1 roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 5. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Development Services Director. 6. The Applicant shall obtain approval of a sign permit for each sign by the Development Services Director. Signs shall comply with all applicable requirements of the Municipal Code. 7. A landscape and imgation plan, shall be prepared by a landscape azchitect, and submitted by the Applicant for review and approval by the Development Services Director prior to issuance of building permits. Resolution No. 2009-126 Page 6 8. No outside storage is allowed on the site. Al] work shall be conducted inside the building. 9. Prior to the approval of the building permit, the Applicant shall develop and submit a Recycling and Solid Waste Management Plan to the Environmental Services Program Manager for review and approval as a part of the permit process. Environmental Services 10. The Applicant shall maintain a written record and make an annual report of refuse/recyclables purchased, received or collected to the Environmental Services Program Manager for review and approval. The report shall be made on a form acceptable to the City Manager or designee and include but not be limited to: Chazacterization by materials type, tonnage, destination (processing, end use or disposal) and total customers. The report shall be delivered to the Environmental Services Program Manager no more than 30 days following the end of the calendar year. The report may be cumulative for all Chula Vista sites the Applicant may operate. 11. The Applicant shall maintain a written record of transactions for a minimum of five (5) yeazs and make such records available, on site, during regulaz business hours, with two-business days notice by the City's Environmental Services Program Manager or designee. The transaction record shall include but not be limited to: chazacterization by material type, weight, total customers and jurisdictions of the customers. 12. The Applicant will pay for or take for free all recyclable materials and will not require or accept payment to receive materials from its customers. 13. The Applicant will not accept nor pick up mixed waste materials, gazbage, rubbish, or refuse as defined in the Chula Vista Municipal Code 8.24 and 8.25. The facility is being permitted as a recycling facility only and not a waste processing or transfer station. The total amount of waste generated at the facility may not exceed 10% of the monthly volumes. 14. The Applicant shall maintain sanitary premises at all times to the satisfaction of the Environmental Services Program Manager, shall contract with the City's franchise agent (Allied Waste Services) for removing, conveying and disposing of non- recyclable wastes generated at the facility and maintain a waste receptacle for use by the Applicants customers during al] operating hours. Onsite compactors are for densifying recyclable materials and not for trash service. I5. The Applicant shall cooperate with City recycling projects, including but not limited to: promoting City sponsored solid waste management events, allow the City to place drop-off collection bin(s) at the Applicant's facility, and assist the City and residents regazding the proper use of the bins. These bins would be placed for the public benefit Resolution No. 2009-126 Page 7 to recycle materials that cannot currently be recycled at the Applicant's center (such as mixed paper). The City's contractor or the recycling center operator may service these bins by mutual agreement. 16. The Applicant shall develop and implement a policy, to the satisfaction of the Environmental Services Program Manager, that discourages theft of materials from other legitimate recycling and solid waste diversion programs, to include staff training on how to initiate discussion from the public informing them that the center will not accept stolen material including material in a shopping cart, curb side bin, refuse or recycling cart. 17. During all hours of operation, the recycling center shall place a sign to the general public that reflects the anti-theft policy as follows: • Materials placed for collection at the curb, in amulti-family or commercial bin for recycling may be removed and conveyed only by the City and/or its agents. At the City's request, (Applicant's Company name) must consider materials brought to it in City bins, or shopping carts to be stolen and will not accept the items. 18. The Applicant shall submit a list of commodities accepted at the center to the Environmental Services Program Manager for approval. The list shall not be altered without prior written consent of the Environmental Services Program Manager. The City shall not unreasonably withhold a request by the Applicant to add or remove an item. 19. The Applicant will remove all improper disposal and shopping carts from the public thoroughfare that are within 500 feet of the entrance and/or exit of the Applicant's recycling center, as frequently as necessary, to keep the public thoroughfaze free of carts and debris, but no less than daily, at the close of each business day. The Applicant shall also arrange for the return of carts to the proper retailer and proper recycling or disposal of abandoned materials. 20. The Applicant shall adhere to the regulations regarding signage within the City and all other local state and federal laws or regulations. Engineering Division 21. The following fees will be required based on the final Building Plans submitted: a. Sewer Capacity Fee b. Development Impact Fees c. Traffic Signal Fees d. Western Transportation Development Fee Resolution No. 2009-126 Page 8 22. The Applicant shall grade the lot, and/or construct site improvements, so that storm water will drain from the back of the property through the side and front of the property, directly to the abutting street or to an approved drainage facility as approved by the City Engineer. WATER QUALITY AND NPDES 23. The Applicant shall comply with the Regional Water Quality Control Boazd Order R9-2007-0001 and the Chula Vista Standazd Urban Storm Water Mitigation Plan (SUSMP) both as may be amended from time to time. 24. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement with Grant of Access and Covenants with the City of Chula Vista before the approval of improvement plans and the issuance of a construction permit. 25. The Applicant shall submit a Drainage Study and a Water Quality Technical Report (WQTR) with the first submittal of grading and/or improvement plans for the site. The technical reports shall be updated to reflect the conditions of the site and shall be approved by the City Engineer before the issuance of any grading or construction permit. PUBLIC IMPROVEMENTS & RIGHT-OF-WAY 26. The Applicant shall process and obtain from the City Engineer a construction permit before the issuance of a building permit. 27. The Applicant shall dedicate to the City of Chula Vista the following right-of--way before the issuance of a construction permit for the site: • 6' ofright-of--way along Faivre Street • 2' ofright-of--way along Broadway • Right-of--way at the corner of 27`" Street &Faivre Street, and at the comer of Broadway &Faivre Street, so the pedestrian ramps will be within the City's jurisdiction. The geometry of the right-of--way shall be determined and dedicated to the City to the satisfaction of the City Engineer. 28. The Applicant shall process and obtain the approval from the City Engineer of improvement plans in conformance with the City's Subdivision Manual before the issuance of any building permits. The improvement plans shall include: • Public improvements within Broadway, Faivre Street and 27~' Street. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, drainage facilities, signs, striping, landscaping, imgation, and fire hydrants, all to the satisfaction of the City Engineer. In addition, street improvements shall be designed and constructed at the ultimate location for the width of Broadway, Faivre Street and 27a' Resolution No. 2009-126 Page 9 Street (the width of the right-of--way for Broadway shall be 104' with 8' sidewalk; for Faivre Street, the right-of--way shall be 72'; and for 27th Street the right-of--way shall be 40' with a 6" curb Type B-1 along the existing property line of the subject project). • Installation of all driveways along all public streets shall meet the City of Chula Vista Design Standards and ADA Requirements. • Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, the construction of full street improvements prior to the issuance of a construction permit. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, drainage facilities, signs, striping, landscaping, irrigation, and fire hydrants, all to the satisfaction of the City Engineer. Fire Department 29. The Applicant shall provide a Knox Vault at the main entrance to the building and to the fire control room. 30. Prior to occupancy, the building shall be addressed in accordance with the following criteria: • 0-50 fl. from the building to the face of the curb=6-inches in height with a 2- inch stroke. • 51-150 fl. from the building to the face of the curb= 10-inches in height with a 1 '/z-inch stroke. • 151 fl. from the building to the face of the curb= 16-inches in height with a 2- inch stroke. 31. The building permit plans shall demonstrate a fire flow of 3,250 gallons per minute water flow letter from the applicable water agency having jurisdiction indicating the fire flow is available to serve this project. 32. The Applicant shall provide a water supply analysis to the Fire Department for review and approval. 33. The Applicant shall provide fire hydrants no greater than 300 feet apart for commercial properties. 34. The project shall be protected by an approved automatic fire sprinkler system (NFPA 13, system, 13R, 13D System), and an approved fire alarm system (fire flow monitoring). II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: Resolution No. 2009-126 Page 10 35. The Applicant shall install and maintain all landscaping and hazdscape improvements in accordance with the approved landscape plan to the satisfaction of the Development Services Director. 36. The conditions of approval for this Conditional Use Permit and Design Review shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 37. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 38. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and al] liabilities, losses, damages, demands, claims and costs, including court 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 and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 39. This Conditional Use Permit and Design Review shall become void and ineffective if not utilized within one yeaz 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. III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation 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. ~-- ` -~ 6 - Z ~_ ~~ Signature of Property Owner Date Resolution No. 2009-126 Page 11 ~~~ Signature of Applicant z~_~~ Date F. CONFORMANCE WITH CITY DESIGN MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance. G. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will baz any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similaz application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. H. 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 any one 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. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby: 1) Adopt Mitigated Negative Declaration (IS-08-006); 2) Approve Conditional Use Permit (PCC-08-008), subject to conditions listed above; and 3) Approve Design Review Permit (DRC-08-14), subject to conditions listed above, for the construction of a 14,105-squaze foot building and associated site improvements for the establishment of a recycling center at 1778 Broadway. Approved as to form by 'C. Miesfel~ Attorney Presented by Resolution No. 2009-126 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of May 2009 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Bensoussan Cheryl Cox, ayor ATTEST: ,~~ .~ ~~ Donna R. Noms, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2009-126 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 26th day of May 2009. Executed this 26th day of May 2009. Donna R. Noms, CMC, City Clerk Resolution No. 2009-126 ATTACHMENT1 Moin St CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PR0.IECT DESCRIPTION: raPUUrrr. 6roadway Recycling Center DESIGN REVIEW PR0.IECT Projed Summary: Proposing a new one story, 14,105 Sq. FL ~o~; 1778 Broadway Recydingcenier. SGU ~~ FlIE NIMBR NORTH No Scale DRC-08-14 ae~msrsls;,saos.aczasa7.?c„c~ca C`Gace Fie WO®mrsle~flta.r.,yr ;7.28.07