Loading...
HomeMy WebLinkAboutRDA Reso 1997-1540 RESOLUTION NO.1540 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-97-10, APPROVING THE DESIGN OF AND GRANTING A SPECIAL LAND USE PERMIT FOR THE DEVELOPMENT OF A MORTUARY AT 753 BROADWAY LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA I. RECITALS A. Project Site WHEREAS, the parcels which are the subject matter of this resolution are diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as 753 Broadway (APN's 572-180-36 & 572-212- 07)(''Project Site"); and, B. Project Applicant WHEREAS, duly verified applications were filed with the City of Chula Vista Planning Department by The Loewen Group for Humphrey Mortuary (Applicant); and C. Project Description; Application for Environmental Determination WHEREAS, Applicant submitted Initial Study IS-97-10 requesting environmental review of subject Project on October 25, 1996; and D. Project Description; Application for Design Review WHEREAS, Applicant submitted Design Review DRC-97-41 requesting approval of a specific building design and site plan layout for construction at 753 Broadway on March 31, 1997; and E. Project Description; Application for Special Use Permit WHEREAS, Applicant submitted Special Use Permit SUPS-97-03 requesting permission to construct, maintain and operate a mortuary in the CT (Commercial Thoroughfare) Zone at 753 Broadway, said mortuary to replace the existing Humphrey Mortuary currently located at 855 Broadway on April 4, 1997; and F. Environmental Review Coordinator Record on Project WHEREAS, the Environmental Review Coordinator determined that the Project requires preparation of an Initial Study and same was prepared in accordance with CEQA and circulated for public review as Initial Study IS-97-10; and G. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered IS-97-10 on January 20, 1997 and voted 6-0 to accept the Negative Declaration issued on IS-97-10; and Resolution No. 1540 Page 2 H. Design Review Committee Record on Application and Initial Study WHEREAS, the Design Review Committee held an advertised public hearing on May 5, 1997 and, after taking testimony from those present and reviewing the Project's building design and site plan, voted 3 to 0 (1 absent, 1 abstention) to accept the environmental determination and approve the Project's design with changes, and directed the Applicant to return to the May 19, 1997 Design Review Committee meeting for a final recommendation. At the May 19, 1997 meeting, the Design Review Committee voted 4-0-1 (1 abstention) recommending that the Redevelopment Agency approve the Project's design and site plan in accordance with Design Review Resolution No. DRC-97-41; and I. Planning Commission Record on Special Use Permit and Initial Study Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 21, 1997 and, after taking testimony from those present, closed the public hearing, after which the members voted 6-0-1 (1 absent) recommending that the Redevelopment Agency adopt Negative Declaration IS-97-10 and approve Special Use Permit SUPS-97-03 for the Project in accordance with Planning Commission Resolution SUPS-97-03; and J. 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 twenty (20) days prior to the hearing; and K. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely June 17, 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. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency adopts the Negative Declaration issued on IS-97-10. III. APPROVAL OF THE PROJECT DESIGN A. The proceedings and all evidence on the Project introduced before the Design Review Committee at their meeting on this project held on May 5, 1997 and the minutes and Resolution No. 1540 Page 3 resolution resulting therefrom are hereby incorporated into the record of this proceeding. B. Design Review Application DRC-97-41 is hereby approved based on all reports, evidence and testimony presented with respect to the proposed building design and site plan. IV. SPECIAL USE PERMIT APPROVAL A. The proceedings and all evidence on the Project introduced before the Planning Commission at their public headng on this project held on May 21, 1997 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. B. Special Use Permit SUPS-97-03 is hereby granted 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. V. 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 able 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 evidentiar7 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 mortuary proposed to be constructed at 753 Broadway will continue to provide a needed and desirable service for the residents of the City of Chula Vista as it currently does at its present location at 855 Broadway. The proposed mortuary represents a land use consistent with the commercial community at the new location. 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 mortuary presents a neat, well ordered appearance and will be separated from nearby residents by appropriately designed walls and landscaping. In addition, the project meets the parking requirements established by the City for such land use based on the conditions that only one service shall be allowed at any given time and that there shall be no other simultaneous services or viewings. Therefore, this use will not result in impacts which would adversely affect humans or surrounding properties. Resolution No. 1540 Page 4 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed mortuary will comply with the applicable conditions, codes and regulations of the Zoning Ordinance and the Southwest Redevelopment 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 Southwest Redevelopment Area and implements the applicable goals and policies of that plan by relocating an existing business. In addition, the Project implements the applicable goals and policies of the Southwest Redevelopment Plan by relocating a business enterprise to an area considered blighted prior to its relocation. VI. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit SUPS-97-03 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-97-41 or as otherwise modified herein. C. Allow only one scheduled funeral service at a time with a maximum seating capacity of 172 attendees (43 parking spaces X 4 seats per space = 172 seating capacity). Viewings shall not be scheduled or held during the time of a funeral service. D. Construct and operate the Project in accordance with all terms and conditions set forth in that certain Disposition and Development agreement between the parties approved concurrently herewith, and all documents and agreements related thereto. E. Submit a landscape plan to the Planning Department for review and approval and implement same to the satisfaction of the Director of Planning. A minimum of fifteen percent (15%) of the site shall be landscaped. F. Comply with all Project requirements as incorporated into the project description of Initial Study IS-97-10. G. Comply with and implement all requirements of the Fire Marshal as related to conforming with the Uniform Fire Code and applicable Municipal Code requirements. H. Comply with and implement all requirements of the Director of the Building and Housing Department as related to conforming with the Uniform Building Code. Resolution No. 1540 Page 5 I. Comply with and implement all provisions related to Title 24 (Part II), Disabled Access, to the satisfaction of the Director of Building and Housing. J. 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 not necessarily be limited to, the following which shall be performed and/or constructed to the satisfaction of the City Engineer: a. Removal of one existing driveway. b. Placing of new sidewalk, curb and gutter. c. Placing of a driveway in conformance to the Americans With Disabilities Act requirements. 2. Pay sewer capacity, sewer lateral installation, traffic signal and development impact fees. Subject fees may be amended at the time development takes place and/or a building permit is applied for, based upon final plans submitted for building permits. 3. Procure a Grading Permit, if the exemptions in the Chula Vista Grading Ordinance No. 1797, as amended, are not met. K. Comply with and implement all requirements of the Chula Vista Fire Department, to the satisfaction of the Fire Marshal. L. Prior to occupancy, 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. M. 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. N. Execute the attached Agreement (Attachment "A") indicating that you have read, understood and agreed to the conditions of approval contained herein, and will implement same. O. Applicant/operator 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. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Special Use Permit as stipulated under Condition "J" above. Resolution No. 1540 Page 6 Applicants' compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicants' successors and assigns. P. This permit shall be subject to any and all r~ew, 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 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. Q. This Special Use Permit shall become void and ineffective if not utilized or extended within three years from the effective date thereof. This three year utilization period is hereby approved based on the fact that the Applicant must commit substantial funds to the project by purchasing the property from the Redevelopment Agency of the City of Chula Vista subject to a lease for an alternative use for longer than the customary one year utilization period. This three year utilization period also coincides with the required development schedule in the Disposition and Development Agreement for the project. This schedule was agreed upon to effectuate the orderly implementation of the Southwest Redevelopment Plan. R. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. S. 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. VII 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 17th DAY OF JUNE 1997. / JJ ,,// Approved as to form by ob .~ceit~r / ~D~'rbcte~or ~f Planning City/,~ge,m~y Attor'~_,y..../' ',,,_) Resolution No. 1540 Page 7 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 17th day of June, 1997 by the following vote: AYES: Members Rindone, Horton, Salas, Moot, Padilla NOES: None ABSENT: None ABSTENTIONS: None Chairman ATTEST: ~(/~.~ ' ~/~"~-~".~._. Chris Salomorie 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. 1540 and that the same has not been amended or repealed. Dated: June 18, 1997 ~__ Chris Salomone Executive Secretary