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HomeMy WebLinkAboutCVRC Reso 2010-010CVRC RESOLUTION N0.2010-010 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING CONDITIONAL USE PERMIT (PCC-10-015) TO OPERATE THE AAA AUTO WRECKING LOCATED AT 1851 NIRVANA AVENUE IN THE CITY OF CHULA VISTA 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 1851 Nirvana Avenue, Chula Vista; and WHEREAS, on Mazch 17, 2010, a duly verified application for a Conditional Use Permit (PCC-10-015) was filed with the City of Chula Vista on behalf of Homayoon Alemi ("Permittee") to operate an auto wrecking yard that includes a 1,416 square foot modulaz office trailer on a permanent foundation; a 2,880 squaze foot metal dismantling shed on a concrete or asphalt pad; perimeter fencing and gate; security lighting; signage; and City required site improvements applicable to the use. The wrecking operation includes storage of cazs and parts; auto wrecking and parts recycling; and sale of recycled auto parts to the public ("Project"); and WHEREAS, the Project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and based on this review the Environmental Review Coordinator determined that the project qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. No further environmental review is necessary; and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation ("CVRC") 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 (l0) days prior to the hearing; 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 27, 2010 and opened and continued the project to the June 10, 2010 hearing at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and said hearing was thereafter closed; and NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby find, determine, and resolve as follows: The Project and Conditional Use Permit (PCC-10-015) is approved based on the following finding of facts in accordance with Chula Vista Municipal Code Section 19.14.080: CVRC Resolution 20]0-070 Page 2 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 use is appropriate for the azea because it provides a service to the community by recycling end-of--life vehicles resulting in cost savings of recycled parts, energy conservation, parts available for reuse, reduction in abandoned vehicles in the City and land fill materials, reduced insurance costs for repair and providing a market for totaled vehicles. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The use will operate within the context of other auto wrecking/salvaging uses in the immediate area. In addition to City regulations, the use is also regulated by safety and health requirements by other local and state agencies. The use will incorporate off-street parking and fencing for screening to minimize visual affects. The use will be subject to the City's performance standazds provided in CVMC Chapter 19.66 related to vibration, odors, glaze, fire and explosion hazazds, radio or electric disturbance, smoke, air contaminants, liquid or solid wastes; and Chapter 19.68 related to noise standazds. 3. That the proposed use will comply with the regulations specified in the code for such use. The use, at this location, complies with the applicable regulations and development standazds specified in the Municipal Code for auto wrecking or salvage yard uses. The use is conditionally permitted pursuant to 19.46.040(M). The use is conditioned to ensure the use maintains compliance with the Municipal Code. 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 governmental agency. The use conforms to, and will not adversely affect the City of Chula Vista General Plan and Zoning Ordinance. The General Plan land use designation is Limited Industrial and the zone is General Industrial, Precise Plan, which conditionally allows auto wrecking or salvaging yards. BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation does hereby find that the Project is in conformance with the regulations and standazds of the CVMC 19.46.040, and the City's General Plan, and hereby approves Conditional Use Permit PCC-10- 015, subject to the conditions listed in Exhibit B, attached herein and incorporated by this reference. Exhibit B: Conditions of Approval CVRC Resolation 2010-010 Page 3 PRESENTED BY: r 1 / Gary albe ., AI Deputy Cit Manager/Development Services Director APPROVED AS TO FORM BY: Bard iesfeld eneral Cou el PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 10th day of June 2010, by the following vote: AYES: Directors: Desrochers, Flores, Paul, Salas, and Lewis NAYS: Directors: ABSENT: Directors: Munoz, Reyes ABSTAINED: Directors: ..l ATTEST: '~ ~~~ Eric C. Crockett, Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ~~ o~sl' * a' cv~c a z Q 06/15/2005 ~ a ~ ~~`O~r~ ono G~~eo~ 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. 2010-010 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 10th day of June 2010. rChrisYopher H. Lewis, Chair Executed this 10~' day of June 2010. ~G~/ /A/ Eric C. Crockett, Secretary ~~ EXHIBIT A Otay Landfill PROTECT LOCATION MA\N ST City of Chula Vista City of San Diego CHULA VISTA PLANNING AND BUILDING DEPARTMENT '_OCATOR PROJECT AAAAuto Wreckin APPLIDANT g PROJECT DESCRIPTION: MISCELLANEOUS (Homayoon Alemi) PROJECT 1851 Nirvana Ave ADDRESS Project Summary: Proposal is for a auto wrecking yard. . : SCALE: FILE NUMBER: NORTH No Scale PCC-1D-015 Related cases: N/A L'\Gabe Files\Ammap Locator Template\LOCatorslPCC10015.ai.03.18.10 EXHIBIT B AAA Auto Wrecking (PCC-] 0-015) Conditions of Approval The Redevelopment Corporation of the City of Chula Vista does hereby approve Conditional Use Permit PCC-10-015 subject to the following conditions of approval. Unless otherwise specified, these conditions of approval shall be completed to the satisfaction of the Development Services Director: Conditions of Approval Prior to the Issuance of Building Permits Planning: 1. The Permittee shall prepare, submit and obtain approval by the City's Environmental Services Program Manager a Recycling and Solid Waste Management Plan. Trash enclosure shall include a solid roof and hold two 4 cubic bins. Building: 2. The Permittee shall comply with the 2007 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), Califomia Electrical Code (CEC), California Fire Code (CFC) and 2008 Energy Code as adopted and amended by the State of Califomia and the City of Chula Vista including the Green Building Ordinance (CVMC 15.12) and all locally adopted City and state requirements. 3. The Permittee shall ensure the building plans are prepared by an Architect or Engineer licensed by the State of California. Engineering 4. The Permittee shall obtain a construction permit to perform all work within the City's right-of--way, to the satisfaction of the City Engineer, including, but not limited to: a. Removal and replacement of any broken curb, gutter or sidewalk, as determined by the City Engineer. b. All sidewalks, pedestrian ramps and driveways shall comply with the City of Chula Vista's Design Standards and ADA requirements 5. The Permittee shall pay the following fees based on the final building plans submitted: a. Sewer Capacities fees b. Traffic Signal fees c. Development Impact Fees (DIF) Exhibit B PCC-10-015 6. The Permittee shall complete the appropriate Storm Water forms per the City of Chula Vista's Development Storm Water Manual. The completed forms will assist in determining the types of storm water Best Management Practices (BMP's) required for the project. Public Works: 7. Development of this project shall comply with all requirements of the National Pollutant Dischazge Elimination System (NPDES) General Construction Permit. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented concurrent with the commencement of construction activities. The SWPPP shall specify construction Best management Practices to prevent pollution of storm water conveyance systems. A copy of the SWPPP shall be submitted to the City of Chula Vista for approval. A complete and accurate Notice-of-Intent (NOI) shall be filed with the San Diego Regional Water Quality Control Boazd. A copy of the acknowledgement from the Regional Board that a NOI has been received for this project, together with the Waste Discharge Identification Number (WDID) shall be filed with the City of Chula Vista when received. 8. Pursuant to the NPDES Municipal Permit, Order No. R9-2007-0001, the proposed project is considered a Priority Development Project and therefore subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. The Permittee is required to complete the applicable forms (see City of Chula Vista's Development Storm Water Manual) and comply with the Manual's requirements. 9. The Permittee is required to contact the Regional Water Quality Control Boazd to obtain coverage under the NPDES General Industrial Permit. Fire: ] 0. The Permittee shall provide a water flow letter from the applicable water agency having jurisdiction over the project indicating a required 1,500 gallons per minute fora 2-hour duration (20psi) is available for the project. 11. The Permittee shall obtain a Fire Department operational permit for the operation of the wrecking yard. Prior to the final inspection, the following requirements shall be satisfied: Public Works: 12. All outdoor areas used for the storage of vehicles or materials shall be paved with impervious surfaces such as concrete or asphalt and graded to structural treatment BMPs. Exhibit B PCC-10-015 13. The access road along the northerly property line shall be surfaced with gravel to prevent tracking of mud into Nirvana Avenue. 14. Undeveloped areas shall be fenced to prevent pollutant-generating activities from encroaching onto those areas. Fire: 15. The Permittee shall provide the automatic gates with an Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to operate the gate upon loss of power. 16. The Permittee shall provide the following access roadway slope construction restricted to the following grades and materials: • Asphalt < 11 • Concrete =/> 11 17. The Permittee shall address the building in accordance with the following criteria: 0 - SOft from the building to the face of the curb = 6-inches in height with a 1-inch stroke 51 - 150ft from the building to the face of the curb = 10-inches in height with a 1 '/~ -inch stroke 151 ft from the building to the face of the curb = 16-inches in height with a 2-inch stroke. Continuous Conditions 18. The Permittee shall develop and maintain the subject property in substantial conformance with the approved application, plans, elevations, except as modified herein. 19. The Permittee shall maintain the landscaping and perimeter fencing at all times. 20. The Permittee shall continuously comply with all federal, state and local laws and safety standards. 21. The Permittee shall not engage in the sale, trade, repair and/or maintenance of operable vehicles, but is permitted to replace parts, including engines sold under warranty in reliance of this conditional use permit. 22. The Permittee shall continue to implement state of the art storage, safety and conservation measures including drainage improvements, fire suppression devices and hazardous fluid collection and storage. Exhibit B PCC-10-015 23. The Permittee shall limit the stacking of wrecked vehicles to no higher than the height of the screening fence. 24. The Permittee shall ensure that the dismantling operation only includes an engine crane, forklift, floor jacks, a 10-hp compressor and general hand tools and other machinery or equipment necessary for the operation. 25. The Permittee shall conduct all auto dismantling activities from 7:00 a.m. to 5:00 p.m. Monday through Saturday. 26. The Conditional Use Permit is approved for a period of ten (10) years from the date of approval by the City Council. The Conditional Use Permit may be extended by the Zoning Administrator provided a written request for an extension is received and approved prior to the expiration date. 27. The Permittee shall not construct permanent obstructions within, or over City easements that could hinder the maintenance of facilities within the easement. 28. A Water Quality Technical Report is required to identify potential pollutants generated at the site during the post-development phase of the project and to identify/propose appropriate structural and non-structural Best Management Practices (BMPs) to minimize dischazges of such pollutants to the maximum extent practicable. 29. The Premittee shall maintain a minimum 20-foot access at all times. 30. The Permittee shall provide a fire extinguisher for every 3000 square feet of building floor area and 75 feet of travel in any direction. Standard Conditions 31. 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. 32. This permit shall become void and ineffective if not used or extended within three years from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. 33. The Property Owner and Permittee shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, Exhibit B PCC-10-015 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) 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 Permittee shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner's and Permittee's compliance with this provision shall be binding on any and all of the Property Owner's and Permittee's successors and assigns. 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 6602(a) and failure to follow timely this procedure will bar 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 similar 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 Statue of Limitations has previously expired EXECUTION 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 ] 0 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. ~-zl-zar v Sig e of Property Owner Date Sign e of Permittee Date