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HomeMy WebLinkAboutReso 1993-17135 RESOLUTION NO. 17135 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING A CONDITIONAL USE PERMIT TO BUILD LIBRARY FACILITY AT THE SOUTHEAST CORNER OF ORANGE AND FOURTH AVENUES WHEREAS, a duly veri lied application for a Conditional Use Permit was filed with the Planning Department of the City of Chula Vista on February 17, 1993, by the City of Chula Vista; and, WHEREAS, said application requested permission to bull d a 37,000 sq. ft. library and potential expansion plan at the southeast corner of Fourth and Orange Avenues within the Montgomery Community; and, WHEREAS, the Planning Commission held a public hearing on April 28, 1993, and voted unanimously recommending that the City Council approve the project in accordance with resolution PCC-93-29; and, WHEREAS, the City Council 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 1,000 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 May 18, 1993, at 6:00 pm.in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as follows: 1. That the project will have no significant environmental impacts and adopts the Negative Declaration and Addendum issued on IS-89-79. 2. That no use listed in the Chula Vista Municipal Code section 19.62.050 is similar to the proposed use, and that 175 parking spaces shall be provided for this project per section lg.54.050. The City Council finds that 175 parking spaces will provide a parking ratio of one space for each 211 sq. ft. of gross floor area, and that said ratio is fair and reasonable based on upon existing similar uses in the incorporated and unincorporated areas of the San Diego County. 3. 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 library facility will provide a higher level of library service to the Montgomery area residents consistent with the city's Library Facility Master Plan. Resolution No. 17135 Page 2 4. That such use will not under the circumstances of the particular case, be detrimental to the health, safety and general welfare of the persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The introduction of library services and a new civic building at this location will have a positive influence on the area. 5. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposal shall be required to comply with all applicable codes, conditions and regulations. 6. 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 the City's LibraryMaster Plan and the Public Facilities Element of the General Plan. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants Conditional Use Permit PC-g3-25 subject to the following conditions whereby the applicant shall: 1. Comply with all requirements of the Chula Vista Fire Department. 2. Comply with all requirements of the Chula Vista Building Department. 3. 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 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 cannot, in the normal operation of the use permitted, be expected to economically recover. 4. This conditional use permit shall become void and ineffective i f not utilized within one year from the effective date thereof, in accordance with Section lg.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. Bruce M. Boogaarj Robert A. Leiter ty Att y Director of Planning Ci orne Resolution No. 17135 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of June, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None TI~a ertd~,~ 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. 17135 was duly passed, approved, and adopted by the City Council held on the 1st day of June, 1993. Executed this 1st day of June, 1993. Beverl~A~.Authe~et, City Clerk