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HomeMy WebLinkAboutReso 1995-17891 RESOLUTION NO. 17891 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNAL ORGANIZATION LODGE AT 25/33 NAPLES STREET WITHIN THE C-N ZONE WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on January 11, 1995 by The Loyal Order of the Moose, Chula Vista Lodge # 1927; and, WHEREAS, said application requests permission to establish a fraternal organization lodge at 25/33 Naples Street within the C-N zone; and, WHEREAS, a public forum was noticed and held on March 9, 1995 to inform surrounding residents of the proposal and to receive their input prior to the public hearing process; and, WHEREAS, the Planning Commission held a public hearing on April 12, 1995 and voted 5-0 (with one Commissioner absent) to adopt the Negative Declaration issued on IS-95-15 and to recommend that the City Council approve PCC-95-26 based on the findings, and subject .~ .... to the conditions contained therein; and, WHEREAS, the City Clerk set the time and place for a hearing on said application 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 within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 9, 1995 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL DOES hereby find, determine, resolve, and order as follows: I. Adoption of Negative Declaration. That the project will have no significant environmental impacts and adopts the Negative Declaration issued on IS-95-25. II. CUP Findings. That the City Council makes the findings required by the City's rules and regulations for the issuance of the conditional use permit, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. Resolution No. 17891 Page 2 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 proposed land use would provide a centrally located and convenient facility for the organization's members and would provide needed improvements to the site to enhance its appearance and security. B. That such use will not under the circumstances of the particular case, be detrimental the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposal includes, as conditioned, measures to avoid potential noise impacts to nearby residences and the site plan and building design solutions contribute significantly to the betterment of the overall neighborhood. C. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. Compliance with all applicable conditions, codes and regulations shall be required prior to issuance of development permits and on conditioning 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 project as conditioned is consistent with City policies and The General Plan. Ill. Conditional Grant of Permit; Conditions. The City Council hereby grants Conditional Use Permit PCC 95-26 to allow a fraternal organization lodge, subject to the following conditions, whereby: a. The hours of operation shall be restricted to the hours between 7:00 a.m. to 11:00 p.m. b. The project shall comply with the plan conditionally approved by the Design Review Committee (DRC-95-26). c. The project shall comply with all the requirements of the Chula Vista Uniform Fire and Building Codes to the satisfaction of the Fire Marshal and Director of Building and Housing respectively. d. A structural engineer shall certify that the existing tilt-up wall is safe to remain or provide a reinforcing design to ensure that the wall is safe to remain as part of the project. Resolution No. 17891 Page 3 IV. Additional Terms and Provisions of Grant. 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 the 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 deprived the Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. B. This conditional use permit shall be void and ineffective if the same is not utilized within one year from the date of this resolution in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. V. Findings re Relation of Exaction to Impact of Project. The City Council has individually and independently reviewed each of the exactions imposed on the applicant contained in this resolution, and hereby finds, in this case, ,,-,, that the exactions are imposed to mitigate an impact caused by the project and are our reasonably related to the project and the extent and degree of exaction is in rough proportionality to the impact caused by said project. VL A copy of this resolution shall be transmitted to the applicant. Presented by App} ed as to form/l~ Robert A. Leiter uce M. Boogaard Director of Planning City Attorney Resolution No. 17891 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of May, 1995, by the following vote: YES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Vicki C. Soderquist, D~puty City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17891 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of May, 1995. Executed this 9th day of May, 1995. Vicki ~ Soderquist, De~puty City Clerk