HomeMy WebLinkAboutRDA Reso 1997-1533 RESOLUTION NO. 1533
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA ADOPTING THE MITIGATED NEGATIVE
DECLARATION ISSUES FOR IS-96-13 AND GRANTING A SPECIAL
USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF AN
AUTOMOBILE BODY REPAIR AND DETAILING FACILITY TO BE
LOCATED AT 2952 MAIN STREET
I. RECITALS
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 2952 Main Street (APN's 623-172-13 & 23)(uProject Site"); and,
WHEREAS, a duly verified application for a conditional use permit was filed with the City of
Chula Vista Planning Department on December 6, 1995 by Mrs. Mercedes Brambila (Applicant); and
WHEREAS, said application requested permission to construct, maintain and operate an
automobile body repair and detailing shop in the IL-P Zone at 2952 Main Street; and
WHEREAS, the Planning Commission held an advertised public hearing on February 12,
1997 and, after taking testimony from those present, closed the public hearing, after which they
voted 5-0 recommending that the Redevelopment Agency approve the Project in acco~'dance with
Planning Commission Resolution No. SUPS-96-02; and
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 twenty (20) days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely March 18,
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:
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 February 12, 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 Special Use Permit $UPS-96-02 based on the following findings and all other reports,
evidence and testimony presented with respect to the proposed use.
III. CERTIFICATION OF COMPLIANCE WITI-J CEQA
The Redevelopment Agency approves the Negative Declaration issued on IS-96-13 and the
Addendum related thereto.
IV. SPECIAL USE PERMIT FINDINGS
The following findings are required by the Southwest Redevelopment Plan which governs
the issuance of spbcial use permits. The Redevelopment Agency of the City of Chula Vista is able
Resolution 1533
Page 2
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 the evidentiary basis for
approval 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 proposed automobile body repair and detailing shop provides for the repair and upkeep
of the automobiles or the residents of the City of Chula Vista and represents a land use
consistent with the community.
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 automobile body repair and detailing shop presents a neat, well ordered appearance
and will be separated from nearby residents by appropriately designed walls and
landscaping and will not result in impacts which would adversely affect humans or
surrounding properties.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The proposed automobile body repair and detailing shop will comply with the applicable
conditions, codes and regulations for the Montgomery Specific Plan.
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 Project Site is located in the Otay subcommunity of the Montgomery Community and
implements the applicable goals and policies of that plan introducing a superior development
to the area. In addition, the Project implements the goals and policies of the Southwest
Redevelopment Plan by allowing a business enterprise into a blighted area.
V. TERMS OF GRANT OF PERMIT
The Redevelopment Agency hereby grants Special Use Permit $UPS-96-02 subject to the
following conditions whereby the Applicant shall:
A. 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.
B. Comply with all conditions of approval pursuant to DRC-96-25 or as otherwise modified
herein.
C Comply with all Project requirements as incorporated into the project description of Initial
Study IS-96-13.
D. Not allow any inoperable vehicle, as defined by the State of California, to be stored on the
Project Site.
E. Not allow the sale of any new or used vehicle from the Project Site.
Resolution 1533
Page 3
F. Not operate an auto body paint shop at this location.
G. In conjunction with the issuance of any building permit under the authority of the Chula Vista
Municipal Code:
1. Procure a Construction Permit for any work performed in the public right-of-way,
which may include, but net necessarily be limited to, the following:
a. Curb, gutter, sidewalk (eight feet wide);
b. A.C. paving and base to widen street to forty-one (41) feet half-width;
c. Street light;
d. Driveway approach (alley type);
e. Street light (250W, HPSV); and
f. One-half of raised concrete median (installation of the portion of the median
can be deferred until the entire median project is accomplished).
2. Pay sewer, traffic signal and development impact fees·
3. Procure a Grading Permit, if the exemptions in the Chula Vista Grading Ordinance
No. 1797, as amended, are not met.
4· Underground all utilities on-site.
5. Dedicate thirteen (13) feet of subject parcel for street right-of-way purposes along
the Main Street frontage.
H. Comply with and implement all requirements of the Chula Vista Fire Department, to the
satisfaction of the Fire Marshal.
I. Schedule a security survey with the Crime Prevention Unit of the Chula Vista Police
Department and implement any suggestions resulting therefrom to the satisfaction of the
Chief of Police.
J. ApplicantJoperator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council/Agency 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/Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this
Special Use Permit, (b) Agency's approval or issuance of any other permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated herein,
and (c) Applicants' operation of the facility permitted hereby. Applicants shall acknowledge
their agreement to this provision by executing a copy of this Special Use Permit where
indicated below. Applicants' compliance with this prevision is an express condition of this
Special Use Permit and this prevision s,hall be binding on any and all of Applicants'
successors and assigns.
K. 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/Agency shall impose after advance written notice to the Permittee
and after the City/Agency has given to the Permittee the right to be heard with regard
thereto. However, the City/Agency, in exercising this reserved rightJcondition, may not
impose a substantial expense or deprive Permittee of a substantial revenue source which
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Page 4
the Permittee can not, in the normal operation of the use permitted, be expected to
economically recover.
L. 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. Failure to comply with any condition of approval shall cause this permit to
be reviewed by the City for additional conditions or revocation.
M. Execute the attached Agreement (Attachment '%") indicating that you have read, understood
and agreed to the conditions of approval contained herein, and will implement same.
N. Comply with all applicable Federal, State and local laws, requirements, rules and policies,
and obtain and comply with all necessary permits for the Project from each respective level
of government, as applicable.
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 18th DAY
OF MARCH 1997.
Presented by Approved as to form by
Chris Salomone Jph~/,~1. Kaheny ~ ' ~
Director of Community Development ~g~ncy Attorney ~
Resolution t533
Page 5
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Page 6
AGREEMENT BY AND BETWEEN
i340
THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA
AND
MRS. MERCEDES BRAMBILA
OWNER OF 2952 MAIN STREET (APN's 623-172-13 & 23)
RELATED TO THE CONDITIONAL APPROVAL OF SUPS-96-02
Applicant shall execute this document by signing the lines provided below, said execution
indicating that the Applicant has read, understood and agreed to the conditions contained in
Resolution No. 1533, and will implement same to the satisfaction of the Agency. Upon execution,
this document end a copy of Resolution No. 1533 shall be recorded with the County Clerk of the
County of San Diego, at the sole expense of the Applicant, and a signed, stamped copy returned
to the Secretary to the Redevelopment Agency and the Planning Department. Failure to return a
signed and stamped copy of this recorded document within thirty days of recordation to the
Secretary to the Redevelopment Agency and the Planning Department shall indicate the Applicant's
desire that the Project, and the corresponding application for a business license, be held in
abeyance without approval.
Mrs. Mercedes a Date
SEE NOTARIZATION ATTACHED TO THE DOCUMENT
Resolution 1533
Page 7
PASSED, APPROVED an, d ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, CALIFORNIA this 18th day of March, 1997 by the following vote:
AYES: Rindone, Horton, Salas Moot
NOES: None
ABSENT: Padilla
ABSTENTIONS: None
Shirley Horror]
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. 1533 and that the same has not been amended or repealed.
Dated: March 19, 1997 ~/'~ ~
Chris Salomone
Executive Secretary