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HomeMy WebLinkAboutCVRC Reso 2009-001CVRC RESOLUTION NO. 2009-001 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL (1) ADOPT MITIGATED NEGATIVE DECLARATION IS-08-006; (2) INTRODUCE AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE A 0.88-ACRE SITE LOCATED AT 1778 BROADWAY FROM COMMERCIAL THOROUGHFARE WITH PRECISE PLAN (CT-P) TO LIMITED INDUSTRIAL WITH PRECISE PLAN; (3) APPROVE CONDITIONAL USE PERMIT (PCC-08-008); AND (4) APPROVE DESIGN REVIEW PERMIT (DRC-08-14) TO ALLOW THE CONSTRUCTION OF 14,105- SQUARE FOOT, ONE-STORY, INDUSTRIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS WHEREAS, the parcel, 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 WHEREAS, on November 21, 2007 a duly verified application for a Rezone (PCZ-08- 01), 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 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 WHEREAS, on May 13, 2009, a Planning Commission heazing time and place was set for said Rezone 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 boundaries of the property, at least ten (10) days prior to the heazing; and WHEREAS, a hearing 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 heazing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative Declazation and Mitigation Monitoring and Reporting Program, IS-08-006; and CVRC Resolution No. 2009-001 Page 2 WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 5-1-0 that the City of Chula Vista City Council approve the Rezone (PCZ-08-O1) of the 0.88-acres site at 1778 Broadway from Commercial Thoroughfare with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL-P) Zone; and WHEREAS, a heazing 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 boundaries of the property, at least ten (]0) days prior to the heazing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing 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, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby find, determine, and resolve as follows: A. 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 prepazed a Mitigated Negative Declaration, IS-08-006. The Chula Vista Redevelopment Corporation finds that, in the exercise of its independent judgment, as set forth in the record of its proceedings, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-006), which is on file in the Development Services Department, has been prepared 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. B. REZONE The rezoning provided for herein is consistent with the City of Chula Vista General Plan, public necessity, convenience and the general welfare and good inning practice support the CVRC Resolution No. 2009-00] Page 3 amendments to the Municipal Code. The proposed IL-P zone will provide an implementing zone for the existing Limited Industrial (IL) designation of the City's 2005 General Plan, and will contribute to the public convenience and general welfare by further assisting the City's efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT) Policy 45.6 for this area and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this azea of the redevelopment project area. C. CONDITIONAL USE PERMIT FINDINGS The CVRC does hereby make the findings required by CVMC 19.14.080 for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated findings to be made. 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 area. The project will provide a convenient facility for the general public to return recyclable items, contribute to the recycle, 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 area and add an azchitectural feature to the vicinity. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or genera[ 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 standards for the site, as well as the.esdablished guidelines of the Chula Vista Design and Landscape Manuals. The project will provide a useful, convenient, beneficial facility to the immediate area 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 standards of the Limited Industrial zone, and the guidelines of the City's Design and Landscape CVRC Resolution No. 2009-001 Page 4 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 standards specified in the Chula Vista Municipal Code for recycling center uses. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any 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 II,-P to implement the 2005 General Plan's Land Use and Transportation (LUT) Policy 45.6 for this area 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 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. D. CONFORMANCE WITH CITY DESIGN MANUAL The Chula Vista Redevelopment Corporation 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, based on the design plans shown in Exhibit B, and subject to conditions listed in Exhibit C. BE IT FURTHER RESOLVED, that the Chula Vista Redevelopment Corporation, after considering all evidence and testimony presented, does hereby recommend that the City of Chula Vista City Council adopt Mitigated Negative Declaration (IS-08-006), Approve Rezone (PCZ- 08-01) of the 0.88-acre site located at 1778 Broadway from Commercial Thoroughfare with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL-P) zone; Approve Conditional Use Permit (PCC-08-008); and Approve Design Review Permit (DRC-08-14) to allow the construction of a 14,105-square foot, one-story building for the establishment of a recycling center at 1778 Broadway. CVRC Resolution No. 2009-001 Page 5 BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by: Ji Sandoval hief Executive Officer Bart C. eneral PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 14th day of May 2009, by the following vote: AYES: Directors: Desrochers, Munoz, Paul, Rooney, Reyes, and Lewis NAYS: Directors: None ABSENT: Directors: Salas n ABSTAIN: Directors: None ' r ;, ~hristophe H. Leytirst , ATTEST: / G~~°r - ~ ( ~ CVRC Eric C. Crockett, Secretary * ~ m 0611 5120 0 5. r_ STATE OF CALIFORNIA ) ~~ 06 cPa ~~ COUNTY OF SAN DIEGO ) c~~ °P0O'D°~D~Q CITY OF CHULA VISTA ) ~'°MENT G I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2009-001 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular meeting of the Chula Vista Redevelopment Corporation held on the 14th day of May 2009. Executed this 14th day of May 2009. Eric C. Crockett, Secretary Approved as to form by EXHIBIT A CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR aaaEeT AaaucANr. Broadway Recycling Center Prtar~roESCwPnON: DESIGN REVIEW r,HNO.rECr 1778 Broadway Pmjed Summary: Proposing a new one story, 14,105 Sq.. FL AouAess: Recyding center. NORTH SCALE No Scale FlLE NUA®Eft DRC-08-~4 Remmdca~: is-0s~oos, Pcz-0s-o~, PCCOS~o6e L:lGahe Rie511ootorsitl~c0814. ctlr 11 29.07 _ l `~' ,;~,, ~. ; - ,~; ~~ ~ ~ f ~ ~~ ~ 1 YC _ _ =-- ~ '_ __-_ ¢ -_ ____-._. M AJ N_-S T ~(_ i~~ _ I~q~ E ~ o c~ °`~~ ®Z I_ - 13 11 'I`-__l _~ _rvmm____-_ r I ! 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IlE, LFVIGY LANDSCAPE CONCEPT PLAN -1 EXHIBIT C BROADWAY RECYCLLNG CENTER 1778 BROADWAY CO[~DITIONS OF APPROVAL The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Plannin5 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 elan on file in the Planning Division, the conditions contained herein, and Title 19. 3. Prior to, or in conjunction with the issuance of the fast building permit the Applicant shall pay ail applicable fees, includins anti unpaid balances of permit processiro fees for deposit account DQ-1483. 3. A ~affiri resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wail 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?QO=~ and 9?0.03~ of the CVIvIC regarding graf=m contoi. ~. All roof appurtenances, including air conditioners and other roof mounted equipment and,'or projections, shall be shielded from view and the sound buffered from adiacent properties and sreets as required by the Development Services Director. Such screenins ;hail be architecturally integrated with the building design and constructed to tthe satisfaction of tine Development Services Director. :. All ground mounted utility appurtenances such as +sansformers, AC condensers, etc.. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berning. and/or landscaping to the satisfaction of the Development Services Direc±or. 6. The Applicant shall obtain approval of a ;ign permit for each sign by the Development Services Director. Sims shall comply with all applicable requirements of the Municipal Code. 7. A landscape and irigation plan, shall be prepared oy a landscape architect, and submitted b}' the Applicant for review and approval by the Development Ser+ices Director prior to issuance of building permits. 8. No outside storage is allowed cn the site. All work shall be conducted inside the buildin,. 9. Prior to die 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. Pace Environmental Services 10. The Applicant shall maintain a written record and make an annual report of refuseirecvclabies purchased, received or collected to the Environmental Services Pro~*am 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: Characterization 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 followins the end of the calendaz yeaz. 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 (~j years and make such records available, on site, during regulaz business hours, with two-business days notice by the City s Environmental Services Progras, Manager or designee. The transaction record shall include but not be limited to characterization by material type, weight, total customers andjurisdictions 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. T'ne Applicant will not accept nor pick up mixed waste materials, garbage, rubbish. or refuse as defined in the Chula Vista Municipal Code 8?4 and 8?=. The facility is being permitted as a recycling facility only and not a waste processins or tiansfer station. The total amount of waste senerated at the facility may not exceed i0°io of the monthly volumes. 14. The Applicant shall maintain sanitary premises at all times to the satisfaction of the Envirorunental Services Program Ivianager, shelf 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 durins all operating hours. Onsite compactors are for densifyins recyclable materials and not for trash service. 1~. The Applicant shall cooperate with Ciry recycling projects, inciudins but not limited to: promoting Ciry sponsored solid waste management events. allow the City to place drop-otr" collection bin(s) at the Applicant's facility, and assist Lhe Ciry and residents resardins the proper use of the bins. These bins would be placed for the public benefit to recycle materials that cannot currentiy'be recycled at the Applicant's center (such as mixed paper). Tae Cirv's contractor or the recvclins center operator may service these bins by mun:al agreement. 15. The Applicant shall develop and implement a policy. to the satisfaction of the Environmental Services Program Manager, that discourages thefr of materials from other lesitimate recvclins and solid waste diversion programs, to include staff training on how to initiate discussion r'rom the public informing them that the center viii not accept stolen material including material in a shopping cart, curb side bin, refuse or recycling can. 17. During all hours of operation, the recycling center shall place a sign to the seneral public that reflects the anti-theft aolicy as follows: • Materials placed for collection at the curb, in a mule-family or commercial bin for recycling may be removed and conveyed only by the City and/or its agents. At the Pace 3 City's ,-equest, (Applicant's Compang 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 LSe center to the Environmental Services Program Manager for approval. The list shall apt be altered without prior wrtten consent of the Environmenal Services Pro~am Manager. The Cit_v shall not unreasonably withhold a request by the Applicant to add or remove an item. 19. The Applicant will remove all improver disposal and shopping cars from the public thoroughfare that are within 500 feet of the entrance and~'or exit of the Applicant's recycling center , as frequents} as necessary, to keea the public thoroughfaze free of cars and debris, but no less than dail}'. at the close of each business day. The Applicant shall also arrange for the return of carts to Cho proper reader and proper recycling or disposal of abandoned materials. 20. The Applicant shall adhere to the regulations regazding signage within the City and all other local state and fedoras laws or regulations. Engineering Division 21. The fol]owing fees will be required based on the final Building Plans submitted: a. Sewer Capacity Fee b. Development Impact Fees c. Tra;'fic Sianal Fees d. Western Transportation Development Fee 22. The Applicant shall grade the lot andior construct site improvements, so that stoma water will drain from the back of the property through the side and front of the propem, duect!v_ to the abutting street or tp an approved drainage facility as approved by the City Engineer. WATER QUALITY AN,7 NF'DES 23. The Applicant shall comply with the Regional Water Quality Control Bcard Order R9-_00'- 0001 and the Chula Vista Standard Urban Storm Water Mitigation Plan (Si:'SMF) 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 Covenant; with the Citt of Chula Visa 'oefore the approval of improvement o]ans and the issuance of a construction permit. 3~. The Applicant shall submit a Drainage Study and a Water Quality Technical Report (WQTR) with the first submittal of grading andior improvement plans for the site. the tec"sical reports shall be updated to ret~ect the conditions of the site and shall be approved by the City Engineer before the issuance of any grading or consu action permit. PLBLIC L'vIPROVElvliivTS z RIGHT-0F-VY=?Y Page 4 2d. The Applicant shall process and obtain from the City Engineer a construction permit before the issuance oT a buildine permit. 27. The Applicant shall dedicate to the City of Chula V-ista the following right-of-way before the issuance of a construction permit for the site: • 6' of right-of-wav along Faivre Street • ?' of right-of-wav along Broadway • Right-of-way at the comer of 27a' Street & Faivre Street, and at the comer of Broadway &: Faivre Street, so the pedestrian ramps will be within the Cir~'s jurisdiction. The geometry of fte right-of-wav shall be determined and dedicated to the City to the satisfaction of the City Engineer. 8. 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 37r° Street. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutrer and sidewalk, drainase facilities, signs, striping, landscaping, irrigation, and fire hydrant;, 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 27`s Street (the width of the right-of--way for Broadway shall be I Od~ with 8' sidewallc; for Faivre Street, the right-of--wav shall be _'; and for 27`~ Street the right-of-way shall be 40' with a 6" curb Type B-1 alons the existing properly line of dte subject project). • Insallation 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 improvemenu 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. s~ ping, landscaping; irrigation, and fn•e hv_ drants, all to the satisfaction of the City Engineer. Fire Department 29. The Anolicant shall provide a liaex Vault at the main entrance to the building and to the fire control room. 30. Prior ro occunancv. the building shall be addressed in accordance with the following crteria: • C-~0 ft. from the building to the face of the curb=6-inches in height with a 2-inch stroke. • ~ I-1>0 f. from the buildin_o to the face of the curb= 10-inches in height with a 1 ~/-_- inch stroke. • i 51 ft. from the building to Lhe face of the curb= 16-inches Ln height with a 2-inch stroke. Pale ~ 31. The buildine permit plans shall demonstrate a fire now of 3,350 gallons per minute for 3-hour duration. 3?. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating the fire flow is available to serve this project 33. The Applicant shall provide a water supply analysis to the Fire Departrnent for review and approval. 34. The Applicant shall provide fire hv_ drants no greater than 300 feet apart for commercial properties. =5. The project shall be protected by an approved automatic fire sprinkler system (?IFPA 13; system, 13R liD System), and an approved fire alarm system (fse flow monitoring). II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 36. The Applicant shall install and maintain all landscaping and handscape improvements in accordance with the approved landscape plan to the satisfaction of the Development Sen~ices Director. ~7. The conditions of approval for this Conditional Use Permit and Design Review shall be applied to the subject propem until such time approval is revoked, and the existence of this approval with conditions shall be recorded with dte title of the property. 38. Approval of this request shall not wzive compliance with all sections of Title 19 of the Municipal Code. and all other applicable Ciry Ordinances in effect at the time of building permit issuance. 39. The Property Owner and Applicant shall and do agree to indemni`y. protect, defend and hold harmless City, its City Council members. officers, employees and representatives, from and against any and all 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) Ciry`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 acknowledse their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. T'ne 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. 40. This Conditional Use Permit and Desi~1 Review shall become void and ineffective if not utilized within one year from the effective date thereof; in accordance with Section 19.14360 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed 'oy the City for additional conditions or revocation. Page 6 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. ~~~.,~ Sam/ U Signature of Property Owner Date Signature of Applicant Date