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Home My WebLink AboutRDA Reso 1997-1531 RESOLUTION NO. 1531 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-97-07 AND APPROVING SPECIAL LAND USE PERMIT FOR THE REMODELING AND EXPANSION OF A SERVICE STATION AT 902 BROADWAY 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 902 Broadway ("Project Site"); and, B. Project Applicant WHEREAS, a duly verified application for a special use permit SUPS-97-02 was filed with the City of Chula Vista Planning Department on October 7, 1996 by Texaco Refining and Marketing, Inc. (Applicant); and C. Project Description; Application for Conditional/Special Use Permit WHEREAS, said application requests permission to remodel an existing service station, to include the removal of existing facilities and the construction of 5 gasoline pumps and a 3,308 sq.ft, building to house retail convenience store sales and fast food services including seating and drive-through facilities, and including the construction of a raised median within the "L" Street right-of-way; and D. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered Mitigated Negative Declaration IS-97-07) on February 24, 1997 and voted to accept its adequacy; and, E. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 26, 1997 and voted 6-0 to recommend certification of the Mitigated Negative Declaration for the Project and recommend that the Redevelopment Agency approve the Project in accordance with Planning Commission Resolution No. SUPS-97-02; 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 ten days prior to the hearing; and Place of Public Hearing WHEREAS, the hearing on March 18, 1997 was continued to and held at the meeting time and place as advertised, namely 6:00 p.m. April 8, 1997 in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. Rsolution 1531 Page 2 11. 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 February 26, 1997 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 repot[s, evidence and testimony presented with respect to the proposed use. Ill. INCORPORATION OF ALL FEASIBLE MITIGATION MEASURES 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-97-07 for the project which it has determined to be feasible in the approval of the Special Use Permit, SUPS-97-02. 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 hereby sets forth the evidentiary basis 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 use provides necessary as well as desirable services in a convenient setting and location for residents of the community. It is located in a zone which is designated for activities dependent upon or catering to thoroughfare traffic, as this use does, and the upgrading of this site will be beneficial to the surrounding area as well as the city as a whole. As a result, this use at this location will contribute to the well being of the community. S. 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 proposed use is located in a zone which is designed for such thoroughfare- oriented uses. The proposed project design as well as compliance with additional conditions, will ensure that potential impacts to neighboring, albeit nonconforming, residential uses are minimized. Therefore, this use will not detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. C. That the proposed use will comply with the regu{ations and conditions specified in the code for such use. The proposed use will be required to comply with all applicable code regulations as well as conditions placed upon it through this use permit. Resolution 1531 Page 3 D. That the granting of this conditional use will not adversely affect the general plan of the city or the adopted plan of any governmental agency. The approval of this permit will not adversely affect the General Plan of the city. It will result in the redevelopment of a site within the Southwest Redevelopment Project Area consistent with the stated goals for that project area. V. GRANT OF PERMIT The Redevelopment Agency hereby conditionally grants the Special Use Permit subject to the following conditions, whereby the Applicant shall: 1. Construct the Project as described in the application, the Mitigated Negative Declaration, and/or as required by the Municipal Code. 2. Comply with all conditions of approval required by the Design Review Committee (reference file DRC-97-15). 3. Construct a 7 ft. high masonry wall along the entire length of the southerly property line. Design of said wall shall be subject to review and approval by the Design Review Committee. 4. Shield canopy lighting to eliminate any glare onto adjacent residential uses. 5. Replace freestanding lighting at the southerly property line with wall-mounted lighting. 6. Obtain permits from the Fire Department for relocation and installation of tanks. 7. Provide one 3A 20BC Fire Extinguisher. 8. Demonstrate compliance with all applicable Building Code requirements prior to the issuance of building permits. 9. Enter into an Owner Participation Agreement with the Redevelopment Agency. 10. Limit fast food seating to a maximum of 20 people. Further, no more than 1,400 sq.ft, of area total may be allocated to fast food uses, inclusive of preparation and seating areas. 11. Contact the Police Department Crime Prevention Unit and arrange for a security survey and employee security training prior to opening for business. Submit proof of said survey and training prior to business license approval. 12. Construct a raised median in the "L" Street right-of-way to the satisfaction of the City Engineer. 13. Remove existing underground tanks and immediate contaminated soil and relocate to an appropriate repository. Resolution 1531 Page 4 14. Should queuing from the drive-through create stacking onto "L" Street, the City Engineer may require that the fast food area be decreased or that one of the fast food providers be eliminated. 15. 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. 16. 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. This Special Use Permit shall become 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 modification, additional conditions, or revocation. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency 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 8th DAY OF APRIL '1997. Presented by Approved as to form by Chris Salomone Joh.~. Kah~ny ' ~--~ Director of Community Development ,/~e'ncy Attorney ExhibitA ¢ Resolution 1531 Page 5 F~-'Z, RI L \ ~ E_-TA1L SF \ 7-11 W/GAS FA?-M=_~:S UNION STATION LRND F~ODUC~ GAS STATION LUBE DAMON C:,NN~D L~ CLU~ STOF~ t · MF INN F~AIL CHULA VISTA COM]M-UqN-ITY DEVELOPiV~ENT DEPAllTMEN~J~ lOCAl-OR ~c~ecr 'f'~x'" Refinin§ & ~: ~ ~c~ 5UP5-97-02 iqarketing, Inc. IS-97-07 PROJEC~ A~U =R~SS: 902 Broadway DRC-97-15 NORTH Resolution 1531 Page 6 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 8th day of April, 1997 by the following vote: AYES: Members Rindone, Padilla, Horton, Salas, Moot NOES: None ABSENT: None ABSTENTIONS: None Chairman Chris Salomon~- 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. 1531 and that the same has not been amended or repealed. Dated: April 9, 1997 ~,~ ~ Chris Salomone Executive Secretary