Loading...
HomeMy WebLinkAboutReso 1994-17758 RESOLUTION NO. 17758 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING AN APPEAL AND THEREBY AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT PCC-95-13 TO OPERATE A THRIFT STORE SELLING USED CLOTHING AT 366 BROADWAY WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 14, 1994, by William Lynch; and, WHEREAS, said application requests approval to establish and operate a Salvation Army Thrift Store selling used clothing a 366 Broadway in the C-T (Commercial-Thoroughfare) zone; and, WHEREAS, the Environmental Review Coordinator has found that the project is exempt from environmental review as a minor change in land use, Class 5 exemption under the CEQA Guidelines; and, WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit 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 and tenants within an area greater than 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely October 26, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, on October 26, 1994, the Planning Commission voted 5-0, with one abstention and one excused absence, to approve the conditional use permit based on the findings and subject to the conditions contained in Resolution PCC-95-13, a signed copy of which was filed with the City Clerk on November 1, 1994, and, WHEREAS, on November 7, 1994, within the required time to file an appeal, an appeal from the decision of the Planning Commission was filed by Mr. Jerry Fick; and, WHEREAS, said appeal is based on claims that a thrift store is not compatible with, and would have a negative impact on, existing areas within the neighborhood; and, WHEREAS, the City Clerk set the time and place for a hearing on said appeal and notice of 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 tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, Resolution No. 17758 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m., Tuesday, December 6, 1994, in the Council Chambers, 276 Fourth Avenue, before the City Council; and, WHEREAS, this Resolution is passed pursuant to the authority of Chula Vista Municipal Code Section 19.14.130 whereby the City Council may affirm, reverse or modify in whole or in part any determination of the Planning Commission upon the hearing of an appeal, subject to the same limitations, requirements and findings as are placed upon the Planning Commission. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as follows: SECTION 1. CEQA Consideration. The City Council does hereby confirm and endorse the determination of the City's Environmental Review Coordinator that, and hereby finds on its own behalf, that the Project is exempt from environmental review as a Class 5 exemption under Section 15301 of the CEQA Guidelines. SECTION 2. Conditional Use Permit Findings. Pursuant to the requirement of Section 19.14.130, the City Council makes the following findings, presented in bold lettering, as specified in Section 19.14.080 as follows, based on the evidence therein below set forth: 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. This location is considered appropriate for a Thrift Store selling used clothing, and other general merchandise, in that the site will provide a convenient location for shopping and will provide adequate parking for this particular land use. 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 proposal as conditioned provides adequate parking based on the proposed allocation of floor space. The buildings are attractive and well kept, and the parking area will restriped and the landscaping will be refurbished, !1 I Resolution No. 17758 Page 3 C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Compliance with all applicable conditions, code, and requirements shall be required prior to occupancy and on a continuing basis thereafter. The conditions herein imposed on the grant of this permit is approximately proportional both in nature and extent to the impact created by the proposed development. 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 proposal is consistent with City policies with respect to the provision of adequate sites and facilities to serve the needs of the community. SECTION 3: Conditional Grant of Permit; Conditions. The City Council hereby affirms the decision of the Planning Commission to grant conditional use permit PCC-95-13 subject to the following conditions whereby: A. The allocation of floor space for Salvation Army shall be maintained as indicated on the plans submitted with the application. B. Prior to occupancy, the parking area shall be expanded and double- striped in accordance with a plan submitted for review and approval by the Zoning Administrator. A planting and irrigation plan that conforms to the City Landscape Manual shall also be submitted for review and approval, and installed according to the approved plan prior to occupancy. C. The building at 360 Broadway shall only be used for automotive repair/installation with no more than 1,125 sq. ft. of associated accessory retail use, or other use with a total demand for parking of 21 spaces or less, and shall be subject to a separate conditional use permit process where applicable to the use. D. Prior to occupancy, the property owner shall submit evidence that this conditional use permit resolution has been recorded against the property with the County Recorder. E. Prior to occupancy, the owner shall acquire all necessary permits, and shall comply with all of the codes, requirements and conditions imposed I! I Resolution No. 17758 Page 4 by the Department of Building and Housing and the Fire Department. SECTION 4. 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 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. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. SECTION 5. Denial of Appeal. The City Council does hereby deny the appeal of Mr. Jerry Fick. Presented by RolSe~rtAJ~.Le'te~' Bruce M. Boogaard Director of Planning City Attorney T I !1 1 Resolution No. 17758 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of December, 1994, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Rindone, Hotton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~le/2~ y o r ATTEST: Beverly~. Authelet, City Clerk 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. 17758 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of December 1994. Executed this 13th day of December, 1994. Beverly ~. Aut~elet,%ity Clerk