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HomeMy WebLinkAboutReso 1976-8088,~ RESOLUTION NO. 8088 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING PRECISE PLAN FOR HANDYMAN CENTER, 1261 THIRD AVENUE IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the precise plan for the Handyman Store at 1261 Third Avenue was approved in April of 1973, which plan included a separate parcel for future building fronting on Third Avenue, and WHEREAS, the Burger King restaurant chain desires to lo- cate a restaurant on this parcel requiring the modification of the plan in accordance with Resolution No. PCM-76-4 of the Planning Commission, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and WHEREAS, the Environmental Review Committee has concluded that there would be no significant environmental effects and has made a draft Negative Declaration which was certified by the Planning Commission, and WHEREAS, a copy of the Environmental Review Committee staff report is attached and all other relevant documents have been on file in the Planning Department for review, and WHEREAS, the City Council has heretofore conducted a public hearing to consider the modification of the precise plan as provided in Planning Commission Resolution No. PCM-76-4 and the Negative Declar- ation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that based upon the recommendations of the Planning Commission and the Environmental Review Committee and in accordance with the attached Negative Declaration, the revision to the precise plan would not have any significant impact on the environment and the City Council does hereby certify that the Negative Declaration has been prepared in accordance with CEgA of 1970 as amended. BE IT FURTHER RESOLVED that the City Council does hereby approve the precise plan in accordance with the conditions and findings as set forth in Planning Commission Resolution No. PCM-76-4. Presented by -~J D. J. Pe Planning Approved as to form by _ (~ 1 '~~ ..~ _- -~ Z,•' ~--ri „ ~. llirec~or o eorge ~v . ___ n~erg, ADOP'i~ED A~~D APPROVED DY TiiE CITY COU~dCIL OF TiiE CITY OF C-~iULA VISTA, CALIFORNIA this 23rd day of March , 197 6 _, by t:ze following vote, to--wit: AYES : Counci Zmen Hobel, Hamilton, Hvde, E~dahl, Scott :IAYES: Councilmen None A'3SEi~TT : Counci Zmen None Mayor of the City of Chula Vista ~% ,,. ATTEST ~ ~j City CZer STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CfiULA VISTA ) I, JENNIE M. FULASZ, CMC, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED icy CZer (SEAL) CC-660 RESOLUTION N0. PCM-76-4 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDIPlG TO THE CITY COUNCIL THE APPROVAL OF A MODIFIED PRECISE PLAN AT THE 1200 BLOCK OF THIRD AVENUE TO PERMIT CONSTRUCTION OF A BURGER KING RESTAURAfJT WHEREAS, the Precise Plan approved on April 26, 1973 for property at 1261 Third Avenue included a parcel for a future building, and WHEREAS, plans for construction of a building on said parcel were filed with the Planning Department on February 4, 1976. on behalf of Burger King Restaurant, and WHEREAS, the City Planning Commission held a public hearing at 7:00 p.m. Monday, February 23, 1916 in the Council Chamber, City Nall, 276 Fourth Avenue, to consider the Precise Plan for development as submitted, and WHEREAS, the City Planning Commission found that in accordance with the findings stated in the draft Negative Declaration on IS-76-6 there would be no significant adverse environmental impact from the proposed project and certified the Negative Declaration. NOW THEREFORE BE IT RESOLVED THAT THE CITY PLANNING COMMISSION finds as follows: a. That such plen 'r:ill rot, ~~der 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 Burger King restaurant relates well to the existing center' access, parking and architecture, and will contribute to a marked improvement to this commercial complex. b. That such plan satisfies the principle for the application of the P Modifying District as set forth in Section 19.56.041. Subject to modification of the sign program, the Burger King plan fulfills the intent of the precise plan zoning. c. That any exceptions granted which deviate from the underlying zoning require- ments shall be warranted only when necessary to meet the purpose and application of the P Precise Plan Modifying District. No exceptions are being recommended for approval under Precise Plan PCM-76-4. d. That approval of this plan will conform to the general plan and the adopted policies of the city. The Burger King restaurant is a permitted use in the C-C zone, which in turn ~~ conforms to the Chula Vista General Plan designation of this area as "Retail Cnnmercial." BE I7 FURTHER RESOLVED that the City Planning Commission recorrnends .o the City Council the approval of the modified Precise Plan for property at 1261 Third Avenue to permit construction of a Burger King restaurant, subject Lo the following conditions: 1. The freestanding sign shall be limited to 30 feet in height and 100 sq. ft. in area. 2. The existing slopes which are to remain shall be relandscaped in accardance with the Landscape Manual. 3. A 3oint parking and access agreement shall be executed between Burger King and Handyman to the effect that their patrons will have the use of each business's parking and driveways. A recorded copy of this agreement shall be submitted to the Planning Department -prior to the issuance of a certificate of occupancy of the restaurant. 4. All new onsite utility lines shall be placed underground. 5. The onsite electroliers shall be redesigned to be graceful and inconspicuous. 6. The westerly driveway shall be widened to provide a 14' back-out aisle for the parking and a separate 10' entrance land for drive- . through customers. The resulting 24' driveway shall be extended north to the main Handyman entrance driveway. .PASSED AND APPROVED BY THE CITY PLANNING COPSt~IISSION OF CHULA VISTA, CALIFORNIA this 23rd day of February, 1976, by the following vote, to-wit: AYES: Commissioners Pressutti, Johnson, Floto, Smith, Starr, Chandler and Rudolph NOES: None ABSENT: None ~• hairman ATTEST: Acting Secretary