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HomeMy WebLinkAboutRDA Reso 1997-1523 RESOLUTION NO. 1523 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A REQUEST FOR A SPECIAL USE PERMIT FOR AN OPEN AIR MARKET PROPOSED TO BE LOCATED AT 690 "L" STREET I. RECITALS A. Project Site WHEREAS, the property 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 690 "L" Street; and B. Project Applicant WHEREAS, a duly verified application for a Special Use Permit (SUPS-96-08) was filed with the City of Chula Vista Planning Department on May 20, 1996 by Mr. Victor Joseph (Applicant); and C. Project Description; Application for Conditional/Special Use Permit WHEREAS, said application requests approval of subject Special Use Permit to establish, operate and maintain an open air market at 690 "L" Street in the IL (Limited Industrial) and IL-P (Limited Industrial - Precise Plan) Zones; and D. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Negative Declaration issued on IS-97-03 on November 11, 1996 and voted that the Negative Declaration on IS-97-03 not be approved; and E. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 13, 1996 and voted 5-0-1-1 to recommend approval of the Negative Declaration issued on IS-97-03 for the Project and recommend that the Redevelopment Agency approve the Project in accordance with Planning Commission Resolution No. SUPS-96-08; and, F. Notice of Public Hearing WHEREAS, the Redevelopment Agency set the time and place for a hearing on said Special 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 within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and G. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely December 10, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter Closed. Resolution 1523 Page 2 II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on November 13, 1996 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY hereby approves the special use permit based on the following findings and all other reports, evidence and testimony presented with respect to the proposed use, and subject to the following terms and conditions. III. SPECIAL USE PERMIT FINDINGS The following findings are required by the Southwest Redevelopment Plan which governs the issuance of special use permits. The Redevelopment Agency of the City of Chula Vista hereby sets forth the following evidentiary basis for approval of the proposed Project: 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 open air market is desirable in that it will provide a needed service for a limited time frame that is not otherwise easily accessible to residents of western Chula Vista by making available a place where they can purchase needed personal, household and business items. 8. 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 operational plan of the proposed open air market indicates that traffic going to or coming from the market at the Project Site will not have negative impacts to the health, safety or general welfare of persons residing or working in the vicinity or be injurious to property or improvements in the vicinity in that the arrival and departure of vendors and shoppers will be spread throughout the day, thus not causing congested roadways. In addition, the Project is conditioned such that the parking shall be paved to a "Temporary Standard," which will reduce the amount of dust. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Special Use Permit SUPS-96-08 is conditioned to require the Applicants owner to fulfill conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of SUPS-96-08 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. Resolution 1523 Page 3 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 granting of SUPS-96-97 for the specified limited period will not adversely affect the Chula Vista General Plan in that said Project is proposed to be operated on a site already partially developed, containing public facilities (water, sewer, etc.), said proposed open air market conforming with the General Plan in that this Special Use Permit has been properly executed and duly adopted. IV. ADOPTION OF MITIGATED NEGATIVE DECLARATION AND INCORPORATION OF ALL FEASIBLE MITIGATION MEASURES Subject to the terms and conditions hereof, the Redevelopment Agency does hereby adopt and incorporate herein as conditions for all approvals herein granted all mitigation measures identified by the Mitigated Negative Declaration issued for IS-97-03 and in the Mitigation Monitoring and Reporting Program for the Project which it has determined to be feasible in the approval of the Special Use Permit, SUPS-96-08. V. GRANT OF PERMIT The Redevelopment Agency hereby conditionally grants the Special Use Permit subject to the following conditions, whereby the Applicant shall: 1. Operate the Project as submitted to and approved by the Agency, except as modified herein and/or as required by the Municipal Code, and as detailed in the project description. 2. Install a ten (10) foot landscaped buffer along "L" Street the entire length of the vendor's lot, to the satisfaction of the Director of Planning. 3. Submit a landscape plan to the Director of Planning prior to occupancy of the site and install approved landscaping prior to opening for business. In the event the Project's landscaping is not installed within thirty (30) days after opening for operations, this Special Use Permit is subject to revocation. 4. To the satisfaction of the City Engineer': a. Construct the easterly-most driveway~ to Commercial Standards. b. Prior to the approval of any extension, submit an in-depth traffic study, in a form approved by the City Engineer, to the City Engineer which analyzes traffic impacts on Industrial Boulevard and provides mitigation necessary to improve the level-of-service (LOS) on Industrial Boulevard from an LOS F to and LOS C. Said study shall also include an analysis for providing a traffic signal in addition to adding a lane. Said improvement(s) may include, but not be limited to, adding an additional lane from south of the freeway ramps to "L" Street and a signal at the I-5 on/off ramp intersection. Approval of such renewal will be condition upon timely implementation of any traffic measure deemed appropriate by the City Engineer, based on said report. Resolution 1523 Page 4 5. Pave all parking areas to a "Temporary Use" standard (maximum of one year) consisting of two (2) inches of compacted decomposed granite, the top one inch of which has been treated with SC-250 asphalt road oil to form a water-resistant and dust free wearing surface. Penetrants shall be applied at such rates or a sufficient number of times to produce the specified wearing surface. A weed killer shall be applied tin accord with the manufacturers instructions to the entire area to be paved. 6. Consistent with CVMC, Section 19.58.370B, request that the Zoning Administrator grant, in conjunction with the open air market, up to six (6) permits per year not to exceed twenty-four (24) days in any calendar year, but not exceeding seven (7) consecutive days, for events which would allow the open air market to maintain temporary displays and facilities on the site for the duration of the event. The permit shall be submitted for review at least thirty (30) days prior to the commencement of the event, and shall include all plans, exhibits, and operational information deemed necessary by the Zoning Administrator in order to properly evaluate the request, render a decision, and apply any necessary conditions. 7. Prior to obtaining a business license from the City of Chula Vista for operating an open air market, cooperate with the Business License Officer in order to develop and implement a tax collection/business license issuance plan for all vendors, to the satisfaction of the Director of Finance. 8. The open air market is authorized to occupy the site from the hours between 5:00 a.m. and 5:00 p.m. Fridays, Saturdays and Sundays. In every instance all structures, equipment and activities associated with the open air market other than approved permanent storage facilities or fencing shall be cleared from the site by 5:00 p.m. The hours the open air market is permitted to be open to the public is from 7:00 a.m. to 3:00 p.m. The applicant may request from the Zoning Administrator extension of the days to include Thursdays after one year of operation from the opening day of sales. The Zoning Administrator may approve, deny or modify the extension subject to appeal to the Planning Commission. 9. To the satisfaction of the Conservation Coordinator: a. Ensure a litter abatement, recycling and trash disposal program that will eliminate any litter from leaving the facility and meet or exceed the 50% source reduction, reuse and recycling diversion goals mandated by the State of California. b. Provide an annual report of the solid waste management plan each January for the previous calendar year. c. Place refuse and recycling collection/enclosure areas within the Project site. d. Ensure the pickup of trash and litter within a three hundred (300) foot radius of the project site on a daily basis. Resolution 1523 Page 6 17. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or of any condition of approval of this Special Use Permit, or of any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Special Use Permit by the City of Chula Vista. 18. Execute the attached Agreement indicating that you have read, understand and agreed to the conditions of approval contained herein, and will implement same. 19. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit 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 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. 20. This Special Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 21. Pay all costs associated with implementing any of the above conditions of approval. 22. Operate this Special Use Permit for a period of eighteen (18) months from the date of approval by the Redevelopment Agency, after which time the approval for this Special Use Permit expires. 23. Any change to the operational profile or any request for the extension or expansion of the use shall require approval of a modification by the Redevelopment Agency of this Special Use Permit and/or the Mitigated Negative Declaration issued for IS-97-03, and may result in additional conditions of approval and/or mitigation measures. 24. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, the Redevelopment Agency members, the City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) Agency's approval and issuance of this Special Use Permit, (b) Agency's or City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. Resolution 1523 Page 5 10. For the life of the open air market, review the consistency of actual operations with the operational parameters considered in the Initial Study (IS- 97-03) and Special Use Permit (SUPS-96-08) with the Zoning Administrator, Police Department, Fire Department and Public Works Department on the anniversary date after the opening of operations. Said review shall be initiated by a report prepared by the open air market operator to the Zoning Administrator which shall address such issues as traffic impacts, adequacy of parking, ingress/egress, hours of operation, etc. The Zoning Administrator shall, at his/her sole discretion, determine whether or not the operations are materially consistent with the nature and intensity of the operational parameters used to evaluate the project in the Initial Study and Special Use Permit. If the operational profile is deemed inconsistent and more impactive than originally expected, the Zoning Administrator may require review and/or modification of conditions via additional environmental review and/or a formal modification to the Special Use Permit. 11. Prior to opening for operations, schedule a security survey with the Chula Vista Police Department, Crime Prevention Unit, and implement the suggestions of said survey in order to enhance security. Notwithstanding the implementation of the security survey, in the event crime and/or security becomes a problem, as indicated by increased crime reports filed with the Chula Vista Police Department related to the open air market, Applicant shall retain, at Applicant's expense, a company who shall prepare a crime reduction/security provision report for the operation of the open air market, to the satisfaction of the Chief of Police. Said report shall address issues specified by the Chief of Police, and shall include recommendations to enhance security and reduce crime. Said recommendations shall be implemented to the satisfaction of the Zoning Administrator and the Chief of Police. 12. Comply with and implement all requirements of the Fire Marshal as related to conforming with the Uniform Fire Code and applicable Municipal Code requirements. 13. Provide appropriate access agreements and/or devices to the Project Site, to the satisfaction of the of the Fire Marshal. Such devices may include, but not be limited to, knox boxes, break-away gates, etc. 14. Comply with and implement all requirements of the Director of the Building and Housing Department as related to conforming with the Uniform Building Code. 15. Comply with and implement all provisions related to Title 24 (Part II), Disabled Access, to the satisfaction of the Director of Building and Housing. 16. Prior to opening for operations, pay all applicable fees to the Chula Vista Elementary School District and Sweetwater Union High School District, or participate in alternative financing mechanisms, to the satisfaction of each respective school district. Resolution 1523 Page 7 In light of Applicant's objection to the condition that a sidewalk be constructed along "L" Street, Applicant's/operator's obligations under this condition shall extend any liabilities with respect to persons or property arising, directly or indirectly, from the conduct of Project vendors or customers on or around the Property, including within the public right-of-way, except to the extent caused by City's sole negligence or willful misconduct. VI. 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 and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS 10TH DAY OF DECEMBER 1996. Presented by Approved as to form by Robert A. Leiter -' Director of Planning ,,~ Agency Attorney (/j/ Resolution 1523 Page 8 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 10th day of December, 1996 by the following vote: AYES: Members Rindone, Horton, Moot NOES: Padilla, Salas ABSENT: None ABSTENTIONS: None S~irley -Horto~/' Chairman Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1523 and that the same has not been amended or repealed. Chris Salomone Executive Secretary AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND THE OPERATORS OF THE CHULA VISTA MARKETPLACE AND THE PROPERTY OWNER OF 690 "L" STREET RELATED TO THE CONDITIONAL APPROVAL OF SUPS-96-08 AND IS-97-03 The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicants have each read, understood and agreed to the conditions contained in Resolution No. 1523, and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. 1523 shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. _ . Signature of Property O ! ~ ' ' Date 690 "L" Street