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HomeMy WebLinkAboutRDA Reso 1998-1583 RES0LUTION NO. 1583 RESOLUTION OF THE REDEVELOPMENT AGENCY OF TIE CITY OF CHULA VISTA APPROVING A SPECIAL USE PERMIT FOR THE ESTABLIS ]MENT OF THE SAN DIEGO COUNTY SOUTH BAY HEALTH & HUMAN SERVICES GENCY FAMILY RESOURCE CENTER AT 67§ OXFORD STREET LOCATED ITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA RECITALS WHEREAS, the property which is the subject matter of this resolu ,n is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commo dy known as 675 Oxford Street; and WHEREAS, a duly verified application for a Special Usa Permit SUPS-9 1-04 (nPermit") was flied with the City of Chula Vista Planning Department on April 13, 1998 by Palomar Station, LLC (Applicant); and WHEREAS, said application requests approval of subject Special Use P~ rmit to establish, operate and maintain the San Diego County South Bay Health & Human Services Agency Family Reso Jrce Center at 675 Oxford Street located within the Southwest Redevelopment Project Area; and WHEREAS, the Environmental Review Coordinator reviewed the request ~ ~r the subject Special Use Permit and determined that said Permit is exempt from environmental review pursuant to Sec lion 15061(b)(3) of the California Environmental Ouality Act. WHEREAS, the Planning Commission held an advertised public hearing n the Project on May 13, 1998 and voted 6-0-1 to approve Planning Commission Resolution No. 1683 recommending to Redevelopment Agency approval of the Permit; and WHEREAS, the Redevelopment Agency set the time and place for a he~ on said Permit application and notice of said hearing, together with its purpose, was given by its publication in a ne' vspaper of general circulation in the city and its mailing to property owners within 600 feet of the exterior boundarie: of the property at least tO days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, n ~mely May 19, 1998 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Pi tuning Commission at their public hearing on this Permit held on May 13, 1998 and the minutes and resolution resulting t ~erefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGEI ICY hereby approves the special use permit based on the following findings and all other reports, evidence and testimony present with respect to the proposed use, and subject to the following terms and conditions. SPECIAL USE PERMIT FINDINGS The following findings are required by the Southwest Redevelopment Plan wh 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 ~rovide a service or facility which wil[ contribute to the general well being of the neighborhood or the community. The proposed San Diego County South Bay Health & Human Servic is Agency Family Resource Center is desirable in that it will provide needed County services to residents of Chula Vi~ ta at a One-Stop Center by consolidating several agencies currently located throughout the City. Resolution 1583 Page 2 B. That such use will not under the circumstances of the particular case, be 4detrimental 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 operation of the San Diego County South Bay Health & Human Services Agency Family Resources Center will not be detrimental to persons or property in the vicinity in that it will be conducted in a manner as to minimize any potential adverse impacts to the vicinity and appropriate conditions to assure such conduct have been imposed on the project. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Special Use Permit SUPS-88-04 is conditioned to require the Applicants owner to ruing conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for such use. 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-98-04 will not adversely affect the Chula Vista General Plan in that the County facility and programs will be located in new building customized to meet the requirements of the operation of County programs and built pursuant to the General Plan, the goals and objectives of the Southwest Redevelopment Plan, and the Zoning Ordinance. GRANT OF PERMIT The Redevelopment Agency hereby conditionally grants the Special Use Permit 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 and implement all provisions and conditions of DRC-98-36, as approved by the Chula Vista Design Review Committee. 3. Applicant shall obtain adequate access to the trogey and bus lines with the approval of the City Engineer. In order to satisfy this condition, applicant shall first exercise its best efforts to obtain and improve access across MTDB right of way in a location approved by staff. City staff agrees to cooperate with Applicant in negotiations with MTDB to achieve this result. If this result can not be achieved after good faith efforts, on reasonable terms, in a timely manner subject to City Engineer's approval, Applicant can pursue an alternative access mechanism. 4. Pay any and all applicable fees based on the final building plans submitted including, without limitation, the following: a. Sewer Connection Fees b. Development Impact Fees c. Traffic Signal Fee 5. Construct the following improvements in accordance with City standards: a. Curb gutter and sidewalk along the Oxford Street frontage and along the Naples Street frontage b. Two 250w street light standards along the Oxford Street frontage c. One 250w street light standard along the Naples Street frontage d. Undergrounding of utilities along Oxford Street Resolution 1583 Page 3 6. Comply with any and all Engineering Department requirements and conditions for grading and building permits. 7. Comply with ail City ordinances, standards, and policies except as ot Lerwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or of any condition ot approval of this Special Use Permit, or of any provision of the Municipal Code, as determined by the Director Planning, shall be grounds for revocation or modification of this Special Use Permit by the City of Chula Vista 8. Execute the attached Agreement indicating that you have read, un~ stood and agreed to the conditions of approval contained herein, and will implement same. 9. This permit shall be subject to any and all new, modified or deletec conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, sal ety or welfare which the City shall impose after advance written notice to the Permittee and after the City has gi mn 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 Perr ~ittee can not, in the normal operation of the use permitted, be expected to economically recover. 10. This Special Use Permit shall become void and ineffective if not utili~ ed or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Munici )al Code. 11. Pay all costs associated with implementing any of the above con~ tions of approval 12. Applicant/operator shall and does hereby agree to indemnify, 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 am costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or in, lirectly, from (al Agency's approval and issuance of this Special Use Permit, lb) Agency's or City's approval or of any other permit or action, whether discretionary or non.discretionary, in connection with the use datedand © Applicant's installation and operation of the facility permitted hereby. Applicant's/operator's cot provision is an express condition of this Conditional Use Permit and this provision shall be binding any and all of Applicant's/operator's successors and assigns. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of 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 i~ valid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no furth, ~r force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED IY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS 19TH DAY OF MAY 1998. Presented by Approved as to for by Chris Salomone Community Development Director Resolution 1583 Page 4 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 19th day of May, 1998 by the following vote: AYES: Members Horton, Moot, Padilla, Rindone, Sales and Horton NOES: None ABSENT: None ABSTENTIONS: None Shirley Horton J ' 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. 1583 and that the same has not been amended or repealed. Dated: May 20, 1998 (~/~' ~_~ Chri~"~alomone Executive Secretary May-19-98 02:16P THE GREENWALD COMPANY 619-~,32-1997 P.02 ~ll~Y-14-g8 T~i.I 15:D4 COl'iF "IY ULVI'LUt'FILNI FHA I~, oluqroo,~' r, ua AGI~BMENT BY AND B£TWEEN THE ~E~LOPME~ A~ENCY OF THE Ci~ OF CHU~ V~TA ~D p~O~R STATION, ~ PBOPER~ OWNER OF ~75 0~ ST~E~ ~D ~ COND~ON~ APPROV~ OF SPEC~ ~ p~ o~er/~ic~ sh~ ~cute th~ document by sam execug~n ~ng ~ ~e p~pe~ owner ~d A~c~ / ~ ~ s~ b~ ~co~d w~ :bt Coan~ Clt~ of the ~.n~ of a ~ed ~d ~ed copy oftb~ ~co~d doc.m~ w~ tb~ ~ ~ of~co~on to the the co~g ~n ~or b~ing p~ and/or a abe~ce ~ou: ~p~. 675 0~o~ ~et 1~3 Rts~lu~# N~.