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HomeMy WebLinkAboutRDA Reso 1997-1529 RESOLUTION NO. 1529 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DENYING A SPECIAL USE PERMIT FOR A MUNICIPAL SOLID WASTE TRANSFER STATION AND MATERIALS RECOVERY FACILITY AT 187 MACE 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 187 Mace Street ("Project Site"); and, B. Project Applicant WHEREAS, a duly verified application for a special use permit was filed with the City of Chula Vista Planning Department on November 18, 1994 by Mr. Mark Watton on behalf of Mace Street Transfer Station, Inc. (formerly Sky Trucking) ("Applicant"); and C. Project Description; Application for Special Use Permit WHEREAS, said application requested approval of a special use permit to construct and operate a municipal solid waste transfer station and materials recovery facility ("Project") in the IL-P Zoning District at Project Site; and D. Planning Commission Record on Application WHEREAS, the Planning Commission opened the advertised public hearing on August 14, 1996 and continued it to August 28, 1996 after taking testimony from those present on the basis that they may not be able to attend the August 28, 1996 continued hearing; and WHEREAS, the Planning Commission reopened the advertised public hearing on the Project on August 28, 1996, took additional public testimony and then closed the public hearing after which they voted-7-0 to recommend that the Redevelopment Agency deny the Project in accordance with Planning Commission Resolution SUPS-95-02; and, E. 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 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and Resolution 1529 Page 2 F. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely January 21, 1997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and resolve as follows: Il. 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 August 14 and 28, 1996 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. DENIAL OF PERMIT After full and independent consideration of any and all reports, evidence and testimony presented at the public hearing with respect to the Project, the Redevelopment Agency hereby DENIES the special use permit for the proposed Project based on the evidence in the record and on the following findings. IV. 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 is unable to make findings in support of the Project as required by the City's rules and regulations for the issuance of special use permits, as hereinbelow set forth, and sets forth, instead, the evidentiary basis supporting denial of the proposed Project: 1. 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 Redevelopment Agency hereby finds that whereas a trash transfer facility sited at an appropriate location, would provide a desirable service for the community, this proposal would duplicate services already provided by the Otay Landfill and will duplicate the project approved at Maxwell Road, Chula Vista, pursuant to SUPO-96- 01; thus, the Project is redundant and not needed by the community. In addition, approval of the Project would introduce trash truck traffic onto the main thoroughfare serving the Montgomery Community, an undesirable characteristic of the proposed land use. These factors are contrary to established policy and sound planning principles, and are likely to have an adverse impact on the Montgomery Community's character and general well being. Resolution 1529 Page 3 2. 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 Redevelopment Agency hereby finds that the nature of the use and its incompatibility with adjacent uses, including the introduction of trash truck traffic into the area and through the Montgomery Community, the proximity of residential areas approximately 650 feet from the site, the potential for negative impacts related to noise and odors from a trash transfer operation, and the negative impact on community character if the Project were approved would be detrimental to the general welfare of the residents, property, and improvements in the area. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The Redevelopment Agency hereby finds that the proposed use is an Unclassified Use pursuant to Chapter 19.54, but that said proposed use will not comply with Chapter 19.54 of the Zoning Ordinance in that such use is not compatible with the type of uses permitted in surrounding areas, and that there are no specific regulations or conditions outlined for this use which are applicable. 4. That the granting of this special use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of SUPS-95-02 would have an adverse affect on the General Plan, the Montgomery Specific Plan, and the Southwest Redevelopment Plan in that the proposed use does not implement the goals, objectives, policies and suggestions, nor is it consistent with the criteria specified in said ptans. Such adverse impacts are more specifically set forth in the staff report presented on this matter, which such report is incorporated herein in support of this finding and the other findings presented herein. THIS RESOLUTION OF DENIAL IS HEREBY PASSED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS 21ST DAY OF JANUARY 1997. Presented by Approved as to form by Chris Salomone ~ncy' Kaheny U Director of Community Development Attorney Resolution 1529 EXHIBIT A , CITY O:~ CHULA ~ [STA CHULA VISTA PLANNING DEPARTMENT LOCATOR ~o~t-c'r Mace St. Tran.~er Station moJ~-r D~scmrnc~:  SPECIAL USE PERMIT ~OJ~-CT 187 Mace Street N:~DRI~: Request:. A prlv~ely operated munidpo{ sol~d waste transfer and materials rec~ very facili'e/ SCALE: HLE NLIM~F.~ in ~e liP zone. NORTH No Scale SUPS-95-02 Relcrted case: IS-95-14 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF C'HULA VISTA, CALIFORNIA this 21st day of January 1997 by the following vote: AYES: Members Salas, Moot, Rindone, Padilla, Horton NOES: None ABSENT: None ABSTENTIONS: None Chairman ATTEST: ~//~" ~ 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. 1529 and that the same has not been amended or repealed. Dated: January 22, ~997 v ~- Chris Salomone Executive Secretary