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HomeMy WebLinkAboutRDA Reso 1997-1550 RESOLUTION NO. 1550 RESOLUTION OFTHE REDEVELOPMENT AGENCY OFTHE CITY OF CHULA VISTA APPROVING A MODIFICATION TO A SPECIAL USE PERMIT TO ALLOW AN ADDITIONAL DAY OF OPERATIONS FOR A SWAP MEET 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 modification to Special Use Permit SUPS-96~08 was filed with the City of Chula Vista Planning Department on July 3, 1997 by Mr. Victor Joseph (Applicant); and C. Project Description; Application for Special Use Permit WHEREAS, said application requests approval for an additional day of operations, specifically Wednesday, for the previously approved swap meet located at 690 "L" Street in the IL (Limited Industrial) and iL-P (Limited Industrial - Precise Plan) Zones; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 23, 1997 and voted 5-0-1-1 to recommend that the Redevelopment Agency approve the Project in accordance with Planning Commission Resolution No. SUPS-96-08(M); 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 properly 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 August 5, 1997 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. Resolution 1550 Page 2 F. I1. 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 July 23, 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 modification to 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 additional day of operations for the swap meet is desirable in that it will allow the applicant to improve the feasibility of the project, which is currently approved for a limited time frame. The existing use is not otherwise easily accessible to residents of western Chula Vista, and makes available a place where they can purchase needed personal, household and business items. B. 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 current operations have not generated complaints, and the additional day of operations will create no significant additional impacts beyond the existing operations. The existing time limitation on operations ensures that any impacts created by the operations will be evaluated in a timely manner prior to any extension beyond the original 18 month period of approval. This Project is conditioned such that all conditions of approval for the original operations shall be met prior to commencement of the additional day of operations. 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(M) 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. Resolution 1550 Page 3 The conditioning of SUPS-96-08(M) 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. 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-96-08(M) 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. GRANT OF PERMIT The Redevelopment Agency hereby conditionally grants the Special Use Permit modification, 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. Comply with all conditions of the original project approval and abate all violations to the Municipal Code within 30 days from Agency approval of this resolutions. 3. Pave the parking area to a Temporary Use Standard in phases as follows: One-third of the prking area shall be paved within a 60-day period from the approval of this resolution; the second and third phases will be done at city staff's determination that demand for parking has increased and that an additional portion needs to be paved, actual paving shall be completed 60 days from written notification to the applicant. 4. The open air market is authorized, under the original resolution of approval, to occupy the site from the hours between 5:00 a.m. and 5:00 p.m. Fridays, Saturdays and Sundays. This approval is expanded to include Wednesdays, under the same hours of operation. 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. 5. 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, Resolution 1550 Page 4 shall be grounds for revocation or modification of this Special Use Permit by the City of Chula Vista. 6. Execute the attached Agreement indicating that you have read, understood and agreed to the conditions of approval contained herein, and will implement same. 7. 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. 8. Pay all costs associated with implementing any of the above conditions of approval. 9. Operate this Special Use Permit modification for the remaining time authorized for the original swap meet operations under Resolution 1523., after which time the approval for both the original Special Use Permit and this modification expires. 10. Any change to the operational profile or any request for the extension or expansion of the use shall require approval of a separate 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. 11. Applicant/operator shall and does hereby agree to indemnity, 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 1550 Page 5 V. 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 5TH DAY OF AUGUST 1997. Presented by ~ Approved as to form by (~/Agency Attorney ~ Resolution 1550 Page 6 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 5TH day of August, 1997 by the following vote: AYES: Members Rindone, Salas, Horton, Moot, Padilla NOES: None ABSENT: None ABSTENTIONS: None Shirley Hort~ Chairman ATTEST: ~_~t ~0.~ 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. 1550 and that the same has not been amended or repealed, Dated: August 6, 1997 ~ ~ Chris Salomone Executive Secretary Resolution 1550 Page 7 AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND THE OPERATORS OF THE CHULA VISTA MARKETPLACE ANn THE PROPERTY OWNER OF 690 "L" STREET RELATED TO THE CONDITIONAL APPROVAL OF SUP' ~/~'~' The property owner and the Applicant shall execute this dr ~_..(..~.t~2"! ~- _ ~ . ,~-~' a below, said execution indicating that the property owm.¥~r.~''' r,~'.. ~,"'~-)~ ~ad, understood and agreed to the conditions contained in Resolb ,~J ~._~""f,~' '~,'~ ~,lement same to the satisfaction of the City. Upon execution, this doc~ ..~4,'J~-~'%J~ ,<esolution No. 1550 shall be recorded with the County Clerk of the Cou~,' X,.,~ .,), at the sole expense of the property owner and/or applicant, and a signed, st;,. ..~/returned to the City Clerk, Failure to return a signed and stamped copy of this records. .cument 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 Owner Date 690 "L" Street Signature of Representative of Date Chula Vista Marketplace