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Home My WebLink AboutReso 1995-17834 RESOLUTION NO. 17834 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION (IS-95-09) AND APPROVING THE CONDITIONAL USE PERMIT PCC-95-12 FOR THE CIVIC CENTER PARKING LOT EXPANSION AT 459 "F" STREET 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 459 "F" Street, and for the purpose of general description herein consists of 0.52 acres located on the north side of "F" Street, immediately adjacent to and to the west of the existing Civic Center parking lot ("Project Site"); and, B. Project; Application for Conditional Use Permit ,l WHEREAS, on September 13, 1994, the Community Development Department of the City of Chula Vista filed a Conditional/Special Use Permit Application with the Planning Department of the City of Chula Vista in order to expand the existing Civic Center parking lot to incorporate the Project Site ("Project"); and, C. Project Area Committee of Town Centre Redevelopment Area Record on Application WHEREAS, the Project Area Committee of the Town Centre II Redevelopment Area held an advertised public meeting on said project on December 1, 1994, and voted 5 to 0 to recommend that the City Council approve the Project based upon the findings contained herein; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 21, 1994 an voted 4-0 to recommend that the City Council approve the Project in accordance with Resolution PCC-95-12; 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 January 3, 1995, to receive the recommendation of the Planning Commission and the Project Area Committee, and to hear public testimony with regard to same. Resolution No. 17834 Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PROJECT AREA COMMITTEE AND PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Town Centre Project Area Committee at their public hearing on December 1,1994, and the Planning Commission at their public hearing on this project held on December 21,1994, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. NEGATIVE DECLARATION REVIEWED AND ADOPTED The City Council of the City of Chula Vista has reviewed, analyzed and considered the Negative Declaration issued on Initial Study IS-95-09 and finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby adopts the Negative Declaration. IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Negative Declaration issued on IS-95-09 has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the Negative Declaration issued on IS-95-09 reflects the independent judgement of the City of Chula Vista City Council. VI. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula 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 necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The existing Civic Center parking lot is inadequate to meet the present parking needs at the Civic Center. The Project will contribute to the general well being of the Resolution No. 17834 Page 3 neighborhood by helping to ensure that all employee vehicles can be accommodated within employee parking areas. 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 proposed use, as designed, will not adversely affect persons residing or working in the vicinity and has been found to comply with the City policies and standards for the design and operation of parking areas. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The project will be required to comply with all applicable codes and regulations prior to the issuance of development permits, and on a continuing basis thereafter. 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 and the Chula Vista General Plan and adheres to the previously-adopted Civic Center Master Plan. VII. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-95-12 subject to the following terms whereby: A. This permit 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 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 can not, in the normal operation of the use permitted, be expected to economically recover. B. This conditional use permit 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. VIII. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Resolution No. 17834 Page 4 Determination and file the same with the County Clerk. IX. 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 shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Bruce M. Boogaard Director of Planning City Attorney Resolution No. 17834 Page 5 :'±,..j~ ,,,,,, t~ ~- ~'~, ' "L.~ J -. J ' , TRET ,- :~;:::;i II I [ I§ ' PROJECT =~ ~ ' FERN ST. __ ~ ~ '~' z .... al - ;~: .... ~" .::~~ ~--_ _ ._ ~ .~'~ .. ......... ~ - . ..... ji~ T I R ' ' ' ¢""]' ~N ~ ~ ""'4~ ' ~ ~ .... .,...~ ,.,~.~ k~n~..~ ~ ~ : ' ' I I ; I; ' %~RENDSHIP PARK~ ........... =.. ~ ..... ""L~ ~~ ¢ I L]~ ' /,~:~:'~",.::"'~,t.4:';fi ~'' :: ::..'~- ~".__L... .~ ,...'b..:~.v,:;.~ ,.,~ ......~'. ,..j · ~ · CIVIC g "= .¢. ~ ;~ , CHULA VISTA :~j :_, _ PUBLIC LIBRARY "7',~t rT'~_. :: ___ , _:-:;-:--,, "'... jl~ ....:,.:',,,,.--:.~.. ~ ~ __,__ ~ "'~'~,~;~..R:::.~ ¢ ~__ :- ' ' '~ ~ ~ __~ ; ', ~Tr ';/C%n~%-'¢'~'~..' ,.:.:,:.'<~',;:;:~:~: I I ' ,, pARK WAY CHULA VISTA PLANNING DEPARTMENT ~TO~ APPLICANT:Ci~ Of Cbula Vba PROJECT DEICRIPTION: m t Communi~ D~dop a ~!&L ~Y E~a~on of ~ enlo~m ADDRESS: 4~9 "~ il~ ICALE: FiLE NUMIER: NORTH 1" m 400' PCC-95-12 · 11 T Resolution No. 17834 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of March, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Rindone Shirl.ey Hotton, Mayor ATTEST: 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. 17834 was duly passed, approved, and adopted by the City Council at a Joint City Council/Redevelopment Agency meeting held on the 21 st day of March 1995. Executed this 21 st day of March, 1995. Beverly A~Autl~elet, City Clerk