HomeMy WebLinkAboutRDA Reso 1999-1629 RESOLUTION NO. 1629
RESOLUTION OF THE REDEVELOPMENT A".~ENCY OF THE
CITY OF CHULA VISTA APPROVING LAND ISE PERMIT TO
ALLOW ESTABLISHMENT OF A COMBINATION
ANTIQUENINTAGE GOODS GIFT SHOP AT 329 THIRD
AVENUE TO BE KNOW AS RHUBARB ROI SUBJECT TO
CONDITIONS
WHEREAS, Ms. Suzanne and Mr. Rey Piniol h~ requested a special land use
permit to allow the establishment of a combination antique an( vintage goods gift shop at 329
Third Avenue located within Town Centre I Redevelopment Pre ~ct Area; and,
WHEREAS, on April 28, 1999 the Town Centr, Project Area Committee held a
duly noticed public hearing for the subject special land use permit application, considered
information presented, and voted 5-0 to recommend that the ',edevelopment Agency approve
the applicant's request subject to conditions; and,
WHEREAS, on June 8, 1999, the Redevelopr ent Agency held a duly noticed
public hearing on the subject special land use permit applica:ion and considered information
presented.
NOW, THEEFORE, BE IT RESOLVED, the Red~ ~velopment Agency of the City of
Chula Vista hereby approves a special land use permit t¢ allow the establishment of a
combination antique/vintage goods gift shop at 329 Third Avem ~e subject to conditions (set forth
below) and based on the following findings:
Findings
1. The proposed use, at the particular location, is necessary )r desirable to provide a service
or facility which will contribute to the general well bei~g of the neighborhood or the
community.
The Downtown area redevelopment are, a is envisioned as t ~e "Business, Entertainment and
Social Center-point of the Community in the adopted Dcwntown Vision Statement. The
propose use, with recommended conditions of approval, w II add a desirable specialty retail
shop to the current commercial land use mix within the Do~ ntown.
2. The proposed use, under the circumstances of the particul~ r case, will not 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 applicant proposes a specialty retail store which will I~ ovide high quality merchandise.
Establishment of the proposed shop will add to the diversi~ of goods sold in the Downtown
and is anticipated to attract new consumers to the red8velopment area and contribute
toward the good health of the business environment.
The proposed use will comply with the regulations and cor ditions specified in the Municipal
Code for such use.
Resolution No. 1629
Page 2 of 4
The goal of the Town Centre Redevelopment Plan is to revitalize the Town Centre area as
the commercial-civic focus of the City. The applicant's proposal to establish a high quality
home furnishings store in the Downtown complies with two of the stated objectives to
accomplish that goal:
[] The establishment of the Town Centre as the South Bay's principal center for specialty
goods and services.
o The strengthening of the mercantile posture of the Town Centre and the improvement of
the retail trade.
3. 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 proposed specialty retail use is in compliance with the Town Centre Redevelopment
Plan's commercial land use designation for the project site. Recommended conditions of
approval will mitigate any potential impact that would be anticipated by the establishm.ent of
a "secondhand merchandise store".
Conditions of Approval
1. The land use permit is subject to review by the Agency after one year of operation. The use
shall be reviewed to ensure that the goods being sold are of high quality and not typical
"secondhand" or used merchandise as disallowed by the Town Centre Project Area
Committee Land Use Policy. Periodic review shall be conducted thereafter at the Agency's
discretion and, if it is determined by the Agency that the goods being sold are of lower
quality "secondhand" or used merchandise as disallowed by the said Policy, the Land Use
Permit shall be subject to revocation.
2. The merchandise mix must include a minimum of 40% antiques as defined in Section
19008.2 of the Business and Professional Code.
3. Applicant/operator shall comply with all City and Agency ordinances, standards, and policies
except as otherwise provided in this resolution. Any violation of City ordinances, standards,
and policies or any condition of approval of the Special Land Use Permit or any provision of
the Municipal code, as determined by the Director of Planning or the Community
Development Director, shall be grounds for revocation or modification of this Special Land
Use Permit.
4. Applicant/operator shall indemnify, protect, defend and hold harmless the City and Agency,
its Council members, Board members, officers, employees, agents, and representatives,
from and against any and all liabilities, loses, damages, demands, claims and cost, including
court costs and attorneys' approval and issuance of the Special Land Use Permit, (b) City's
approval or issuance of any other 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 the provision is an
express condition of this Special Land Use Permit and this provision shall be binding on any
and ali of the Application's/operator's successors and assigns.
5. 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,
Resolution No. 1629
Page 3 of 4
safety or welfare which the Agency shall impose after advance written notice to the
Permittee and after the City has given the Permittee the right to be heard with regard
thereto. However, the city, in Permittee of a substantial rew ~nue source which the Permittee
cannot, in the normal operation of the use permitted, be ex .~cted to economically recover.
It is the intention of the Agency that its adoption of this ,solution is dependant upon the
enforceability of each and every term, provision and conditi)n herein stated; and that in the
event that any one or more terms, provisions or condition ~ are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceabl,;, this resolution and the permit
shall be deemed to be automatically revoked and of no furth ~r force and effect ab initio.
Presented by: Approved a~; to form by:
~ihrr;:toSralo~nm%L~nityDevelopment JA~~Yy ~ ~.~'-~ '~"
Resolution No. 1629
Page 4 of 4
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, CALIFORNIA this 8th day of June, 1999 by the following vote:
AYES: Members Davis, Moot, Salas and ChaidMayor Horton
NOES: None
ABSENT: Padilla
ABSTENTIONS: None
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.
1629 and that the same has not been amended or repealed.
Dated: June 9, 1999 ~ ~
Chris Salomone '~-
Executive Secretary