HomeMy WebLinkAboutReso 2000-193Recording requested
by:
City of Chula Vista
After recording return
to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
2003-0294778
MAR 17, 2003 2:1~ PM
O~IClE
DI£fiO glUmlY ECO~I)ER'8 OFfiCE
FEES: 0.00
This space for Recorder's use only
RESOLUTION NO. 2000-193
RESOLUTION NO. 2000-193
AGENCY RESOLUTION NO. 1674
RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE
CITY COUNCIL OF THE CITY OF CHULA VISTA (A)
ADOPTING NEGATIVE DECLARATION IS 00-47; (B)
GRANTING SPECIAL USE PERMIT SUPS 00-09; (C)
APPROVING AN OWNER PARTICIPATION AGREEMENT
WITH AVALON COMMUNITIES FOR THE DEVELOPMENT OF
A MIXED-USE PROJECT THAT INCLUDES 15,000 SQUARE
FEET OF RETAIL COMMERCIAL SPACE AND 106
AFFORDABLE HOUSING UNITS LOCATED AT THE NORTH
EAST CORNER OF MAIN STREET AND BROADWAY WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA; AND
(D) GRANTING A TWENTY FOUR PERCENT (24%) DENSITY
BONUS, A REDUCTION IN THE REQUIRED PARKING FOR
THE RESIDENTIAL UNITS AND THE COMMERCIAL USE, A
REDUCTION IN OPEN SPACE FOR THE RESIDENTIAL UNITS,
AN INCREASE IN THE NUMBER OF COMPACT SPACES
ALLOWED FOR THE RESIDENTIAL UNITS, AND A
REDUCTION 1N THE REQUIRED LANDSCAPE BUFFER TO
FACILITATE THE CONSTRUCTION OF THE PROJECT
RECITALS
A. Project Site
WHEREAS, the parcel, which is the subject matter of this resolution, is diagrammatically
represented in Exhibit "A" incorporated herein by this reference, and for the purpose of general
description herein consists of approximately 4.54 acres of land located at the northeast comer of
Main Street and Broadway ("Project Site").
B. Project; Application for Discretionary Approval
WHEREAS, on April 25, 2000, a duly verified application for a Special Use Permit (SLIPS
00-09) with request to the Project Site was filed by Avalon Communities ("Applicant") with the
Chula Vista Planning and Building Department; and
WHEREAS, the application also requests a twenty four percent (24%) density bonus and
other additional incentives/concessions; and
C. Project Description
WHEREAS, said application requests permission to construct a mixed-use development that
includes 106 affordable housing units and 15,000 square feet of retail commercial space and a
Resolution 2000-193
Page 2
twenty four pement (24%) density bonus, a reduction in the required parking for the residential units
and the commercial use, a reduction in open space for the residential units, an increase in the number
of compact spaces allowed for the residential units, and a reduction in the required landscaping
buffer along Main Street and Broadway to facilitate the construction of a mixed use project, known
as Main Plaza, ("Project"); and
D. Environmental Determination
WHEREAS, in accordance with the requirements of CEQA, the Environmental Review
Coordinator has determined that the Project requires the preparation of an Initial Study, such study
(IS 00-47) was prep. areal, and b~_~ed on such study a Negative Declaration was prepared and
cimulated for public review; and
E. Planning Commission and Design Review Committee Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
June 7, 2000, and voted 5 to 0, with 2 absent, to adopt Resolution No. SUPS 00-09 recommending
that the Redevelopment Agency adopt Negative Declaration IS-00-47, approve Special Use Permit
SLIPS 00-09, approve an Owner Participation Agreement between the Agency and the Applicant for
a mixed-use development that includes 106 affordable housing units and 15,000 square feet of retail
commercial space based on the findings and subject to the conditions contained therein, and the City
Council grant a twenty four pement (24%) density bonus, a reduction in the required parking for the
residential units and the commercial use, a reduction in open space for the residential units, an
increase in the number of compact spaces allowed for the residential units, and a reduction in the
required landscaping buffer along Main Street and Broadway to facilitate the construction of the
project, pursuant to California Government Code Section 65195(b).
WHEREAS, from the facts presented to the Planning Commission, the Commission has
determined that the Project is consistent with the City of Chula Vista General Plan and that the
public necessity, convenience and general welfare and good zoning practice support the Project, and
implements portions e~' State related densi, ty bonus ~_nd *~h~t th~ approval of Special l Ise Permit
SLIPS 00-09 and granting of said density bonus, a reduction in residential and commercial parking, a
reduction in open space for the residential traits, an increase in compact parking, and a reduction in
the landscape buffer does not adversely affect the order, amenity, or stability of adjacent land uses;
and
WHEREAS, the Design Review Committee reviewed the proposed project on June 5, 2000
and recommended that the Redevelopment Agency approve the proposed Project subject to the
conditions listed in Exhibit B of the Owner Participation Agreement; and
F. City Council/Redevelopment Agency Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council and Redevelopment Agency of the City of Chula Vista on June 13, 2000 to consider the
Resolution 2000-193
Page 3
recommendation of the RCC, Planning Commission, and Design Review Committee regarding the
Negative Declaration, Special Use Permit, Owner Participation Agreement; and requested density
bonus and additional incentives/concessions for the Project and to hear public testimony with regard
to the same.
WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an
Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the
Redevelopment Agency and known as document RACO 00-07, approving the construction of the
mixed-use project, which includes 106 units of affordable housing units and 15,000 square feet of
retail commercial space located at the northeast comer of Broadway and Main Street, depicted in
Exhibit A and subject to conditions listed in Exhibit B of said agreement
NOW THEREFORE BE IT RESOLVED that the City Council and Redevelopment Agency
do hereby find, determine and ordain as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning Commission
at their meeting on this project held on June 7, 2000, and the minutes and resolution resulting there
from, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Redevelopment Agency does hereby find that the Negative Declaration on IS 00-47 has
been prepared in accordance with the requirements of the California Environmental Quality Act, the
State EIR guidelines and the Environmental Review Procedures of the City of Chula Vista.
IV.
INDEPENDENT JUDGEMENT OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA
The Redevelopment Agency finds that NegatiVe Declaration on IS 00-47 reflects the
indepehdent~judg~nent'of the'-Agency'of tlie City ofChula V:~ta.' -,': .... · ·
V. SPECIAL USE PERMIT FINDINGS
The Redevelopment Agency of the City of Chula Vista does hereby make the findings
required by the Agency's roles and regulations for the issuance of Special Use Permits, as herein
below set forth and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in
the record that permits the stated findings to be made.
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 project is desirable at this location in that it provides a mixed-use of
Resolution 2000-193
Page 4
new retail commercial and improved affordable residential housing to a
redevelopment project area, contributing to the general well being of the
neighborhood or the community.
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 proposed project is compatible with surrounding industrial, commercial, and
residential land uses. There is adequate infrastructure in place to support the project.
The conditions of ~,)proval will ensure that the project will not be detrimental to the
heal-h, safety, or general welfare of persons residing or working in the vicinitj,' or
injurious to property or improvements in the vicinity. That the proposed use will
comply with the regulations and conditions specified in the Code for such use.
That the proposed use will comply with the regulations and conditions specified in
the Code for such use.
The proposed project is consistent with the regulations and conditions of the
Cit~/Agency specified in the Code with the exception of those modifications
requested by the applicant pursuant to California Government Code Section 65915:
A reduction in the required number of residential parking spaces from 2 to no
less than 1.5 per unit of housing. The proposed site plan would required a
reduction of parking from two hundred and twelve (212) parking spaces to
one hundred and eighty (180) spaces (Chula Vista Municipal Code
19.62.050).
An increase in the number of compact parking spaces allowed from one
space for every ten parking spaces to one space for every eight spaces (Chula
Vista Municipal Code. 19.62.050).
A reduction in the required number of parking spaces for the commercial use
from seventy-five parking spaces to seventy-three spaces [Chula Vista
Municipal Code 19.62.050 (26)].
4. A reduction in the required open space of the residential traits (Chula Vista
Mtmicipal Code Section 19.28.090).
5. A reduction in the required landscape buffer along Broadway and Main Street
from fifteen feet to ten feet (Montgomery Specific Plan, Part III, and page 8).
Resolution 2000-193
Page 5
Upon approval by the City Council of those reqt~ested modifications, the proposed
use shall be consistent with the City's/Agency' s regulations and conditions specified
in the Code.
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 is in substantial conformance with the Housing Element of the City of
Chula Vista General Plan, which supports a wide variety of residential products
including mixed-use developments and housing for. very low-income large families.
VI. CITY COUNCIL/REDEVELOPMENT AGENCY FINDINGS
The City Council and Agency hereby find that the Project is consistent with the City of Chula
Vista General Plan and that the public necessity, convenience and general welfare and good zoning
practice support the Project, and implements portions of State related density bonus and that the
granting of said density bonus, a reduction in residential and commercial parking, an increase in
compact parking, a reduction in open space for the residential units, and a reduction in the landscape
buffer does not adversely affect the order, ameff~ty, or stability of adjacent land uses.
BE IT FURTHER RESOLVED that the City Council does hereby grant, in accordance with
California Government Code Section 65915, the requested increase in density of twenty four percent
(24%), a reduction in the required parking for the residential units and the commercial use, an
increase in the number of compact spaces allowed for the residential units, a reduction in open space
for the residential units, and a reduction in the required landscape buffer along Main Street and
Broadway to facilitate the construction of the project located at the north east comer of Main Street
and Broadway in the City of Chula to balance the financial feasibility of the mixed use project with
106 units of affordable housing with the usual amenities found in a development of this type, subject
to the following terms and conditions set forth below:
A. Terms of grant of density Bonus and ~ditional incentive~
Ensure that the proposal complies with the use outlined in the application and
materials submitted therewith except as modified below:
a. Comply with all conditions of this resolution dated June 13, 2000.
The applicant is to enter into a written agreement with the City of Chula Vista
specifying among other things the tenancy requirements and terms of commitment
for the density bonus and additional incentives in accordance with California
Government Code Section 65915, and said agreement will be brought before the
Council for consideration by September 2000. City Council retains its unfettered
discretion in the review and consideration of said agreement.
Resolution 2000-193
Page 6
Construct the Project as submitted to and approved by the Agency, except as modified
herein and/or required by the Municipal Code, and as detailed in the Project
description.
Fifty-one (51) units shall be maintained for a period not less than fifty-five years as
affordable housing for very low-income households.
Fifty-five (55) units shall be maintained for a period not less than fifty-five years as
affordable housing for moderate-income households.
P?.rficipate i-n the Ci~: of Chula Vista Crime Free Multi-Housing Program or any
other such program that may be adopted by the City of Chula Vista, with program
certification of the property completed by issuance of the building permit(s) for the
project.
BE IT FURTHER RESOLVED THAT THE REDEVELOPMENT AGENCY DOES
HEREBY F1ND, ORDER, DETERMINE, AND RESOLVES AS FOLLOWS:
The proposed project will not have a significant impact on the environment;
accordingly Negative Declaration IS-00-47 was prepared and is hereby adopted in
accordance with CEQA.
The proposed project is consistent with the Southwest Redevelopment Plan and shall
implement the purpose thereof; the project shall assist with the elimination of blight
in the Project Area.
The Redevelopment Agency of the City of Chula Vista hereby approves the Owner
Participation Agreement with the Avalon Communities, LLC for the construction of
a mixed-use project, which includes 106 affordable housing units and 15,000 square
feet of retail commercial space at the southeast comer of Broadway and Main Street,
in the form presented and in accordance with plans attached thereto as Exhibit A and
subject tO conditions listed below and in Exhibit B of said agreement.
The Chairman of the Redevelopment Agency is hereby authorized to execute the
subject Owner Participation Agreement between the Redevelopment Agency and the
Avalon Communities, LLC.
The Secretary of the Redevelopment Agency is authorized and directed to record said
Owner Participation Agreement in the Office of the County Recorder of San Diego,
California.
VII. TERMS OF GRANT OF PERMIT
The Redevelopment Agency hereby grant Special Use Permit SLIPS 00-09 and approve the
project subject to the following conditions whereby the Applicant shall
Resolution 2000-193
Page 7
A. Ensure that the proposal complies with the use outlined in the application and material
submitted therewith except as modified below:
¸2.
The site shall be developed and maintained in accordance with the character
sketches of typical mixed-use commercial/residential building provided along
with the conceptual plans which include site plans, architectural elevations,
exterior materials and colors, and landscaping on file in the Planning
Division, the conditions contained herein, and Title 19 of the City of Chula
Vista Municipal Code.
Prior to any use of the project site or business activity being commenced
thereon, all Conditions of Approval shall be completed and implemented to
the satisfaction of the Director of Planning and Building.
Revised site plans and building elevations incorporating all Condition of
Approval shall be submitted for Director of Planning and Building review
and approval prior to the issuance of building permits.
Approval of this request shall not waive compliance with all sections of Title
19 of the Municipal Code; all other applicable City Ordinances in effect at
the time of building permit issuance.
All ground-mounted utility appurtenances such as transformers, AC
condensers, etc., as well as trash enclosure facilities, shall be located out of
public view or adequately screened through the use of a combination of
concrete or masonry walls, berming, and/or landscaping to the satisfaction of
the Director of Planning and Building.
All roof appurtenances, including air conditioners and other roof mounted
equipment and/or projections shall be shielded from View and the sound buffered
from adjacent properties and streets as well as from on-site resident views above
or across the site as required by the Director of Planning and Building. Such
screening shall be architecturally integrated with the building design and
constructed to the satisfaction of the Director of Planning and Building. Details
shall be on building plans.
All gutters, downspouts and vents must be integrated into the roof and wall
systems, to ensure that there will be no unattractive appendages to the
elevations presented for review and approval by the Director of Planning and
Building.
8. Graffiti resistant treatment shall be specified for all wall and building
Resolution 2000-193
Page 8
surfaces. This shall be noted on any building and wall plans and shall be reviewed
and approved by the Director of Planning and Building prior to issuance of building
permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of
the municipal Code regarding graffiti control.
The conceptual landscape plans shall be revised to include planting and
irrigation plans and resubmitted for review and approval by the City
Landscape Planner. Landscape and irrigation plans shall be reviewed and
approved by the City Landscape Planner prior to the issuance of building
permits.
10.
The landscape buffer along Main Street and Broatfway has been reduced fi-yin
15-ft. to 10-ft. Illustrative sections must be provided and shall indicate a
landscape berm which will be utilized to screen the front-loaded commercial
parking along Main Street and Broadway. The landscape buffer must include
a pedestrian/public access into the site from the Main Street and Broadway
intersection.
11.
The revised landscape concept plan provided shall include a planting
proposal for trees and shrubs corresponds with the surrounding
developments, such as an extension of the palm species found within the
landscape buffer already located along Broadway, a relationship to the
existing landscaping along the west and north property perimeter, and how
the tree species specified throughout the complex will compliment the scale
of the open spaces and provide privacy within the layout of the residential
buildings, in compliance with the City Landscape Manual.
12.
A fencing program must be provided that includes wall details of the slUmp
stone block and/or pilasters with wrought-iron elements, such as gates; this
must be shown in conjunction with the off-site information which shall be
piovided on a site utilization plan noting the adjacent !an.4~caping and median
improvements to Broadway and Main Street. Comply with all of the
landscape concept comments regarding screening, tree species, etc.
13.
Additional renderings will be provided to show how the courtyard and
recreational area facilities, including the triangular property being acquired,
shall be developed. Additional details of the proposed improvements,
including proposed seating, tables, special paving, landscape and water
features, etc,, shall be provided.
14. The parking layout shall be modified due to the increase in trash enclosure
locations and the orientation of proposed trash enclosures being changed to meet
trash-hauler accessibility requirements as well as pedestrian/resident
Resolution 2000-193
Page 9
safety. The number of parking spaces shall not be reduced to below a ratio of 1.5
parking spaces per residential, housing unit without modification to the Special Use
Permit.
15.
16.
17.
18.
19.
20.
21.
21.
The building permit plans shall comply with 1998 Building (UBC), Plumbing
CtJPC), Mechanical CUMC), and 1996 Electrical (NEC). Plans shall also
comply with Title 24 California Code of Regnlations energy and disabled
access requirements. Show dimensions of separation between buildings and
show assumed property lines on building plans. A separate building permit
shall be required for signage and lighting.
The applicant shall satisfy the Fire Department's requirement of 20-ft. wide
driveway access and fire hydrants throughout the vehicular circulation
system. The housing units shall utilize fire sprinklers per NFPA 13. The
housing units shall contain a fire alarm system per NFPA 72.
In lieu of a complete circulation, hammerhead or cul-de-sac for roads over
150-fi. in length, provide a turnaround and back-up as shown on the revised
site plan exhibit at the southeast comer of the courtyard portion of the site
plan.
Applicant shall pay fees for sewer capacity (based on the new/additional
plumbing fixtures), development impact, and traffic signal (based on
additional development) prior to the issuance of building permits.
Driveways shall be restricted to right-turn in and right-tm out on Main
Street and Broadway because of existing raised medians. Driveway
approaches must be 8-fi. minimum from the PCR and constructed per Chula
Vista Standards CVCS-1. A construction permit will be required to perform
any work in the City's right-of-way.
A grading permit will be required prior to the issuance of a building permit.
The Crime Prevention Unit of the Police Department requires the utilization
of components that will address access control, surveillance detection, and
police response. In addition, participation in the Crime Free Multi-Family
Housing program shall be required. Please contact the Multi-Housing
Coordinator, at 691-5127.
Commercial and residential properties shall have trash enclosures, including
bins, or carts that meet design specifications. The locations and orientation
of storage bins and dumpsters must be pre-approved by the City franchise
trash hauling company. Provide sufficient space for designated recyclables.
Resolution 2000-193
Page 10
A shared paper/cardboard bin, along with food and beverage container cart with other
stores may be permitted. A commercial trash enclosure large enough for solid waste,
mixed paper, and a cart for food and beverage containers must be provided to meet
the minimum 50 percent recycling requirement. This condition shall be completed to
the satisfaction of the Director of Planning and Building.
23.
There shall be no less than seven (7) residential and one (1) commercial bin
enclosure with sufficient capacity and design to handle the solid waste, mixed
paper and rigid container collection streams, to limit the number of trash-
hauler visits to no more than two (2) per week for the residential complex and
five ~57 trips per week for the commercial complex, unless otherwise
approved by the City Conservation Coordinator. This condition shall be
completed to the satisfaction of the Director of planning and Building.
24.
This development shall consisting of 60 two-bedroom, 30 three-bedroom and
16 four-bedroom units dwellings shall provide a minimum of one 4-yard
trash bin for every 10-units and one 4-yard mixed paper bin for every 10-
units. This condition shall be completed to the satisfaction of the Director of
Planning and Building.
25. At least one 4 to 6-yard bin for green waste shall be provided in the complex to
be serviced bi-weekly or monthly and a location designated for seasonal services
such as bulky item, Christmas tree and household hazardous waste collection. For
convenience to the residents the enclosures should be geographically distributed
throughout the complex, with an enclosure adjacent to each building. This
condition shall be completed to the satisfaction of the Director of Planning and
Building.
26.
Residential trash enclosures should be adequate to service a 4-yard mixed
paper bin, a 4 to 6-yard trash bin and at least two 90~gallon carts for rigid
containers, i'he conmaercial enclosure should have room for two 4 to 6-yard
trash bins and two 4 yard mixed paper bins. The trash bin and one mixed
paper bin for the commercial facility can be replaced with a compactor for
cardboard and or mixed paper, and a compactor for trash. The manufacture
and design of compactors must be pre-approved by the City or Pacific Waste
in writing prior to purchase or installation. The commercial enclosure should
be adequate to temporarily store other items such as rendering collection bins,
pallets, discarded displays and other items as applicable. The applicant shall
contact the Recycling Coordinator to ensure that provisions are made (691-
5122). This condition shall be completed to the satisfaction of the Director
of Planning and Building.
26. The applicant shall contact the local water district to determine the additional
Resolution 2000-193
Page 11
demand and alteration to the existing water systems for domestic and/or fire
protection purposes. In addition, irrigation plans may need to be designed to
reclaimed water standards and specifications. All fees and deposits shall be provided
at the building permit stage.
28.
Standard school fees for residential and commercial developments shall be
paid prior to the issuance of building permits. Contact the Sweetwater Union
High School District and the Chula Vista Elementary School District.
29.
This permit shall be subject to any and all new, modified or deleted
conditions imposed a_~er approval of this permit to advance a legit/mate
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 that the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
30.
This permit shall become void and ineffective if not utilized within one year
from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any conditions of approval shall
cause this permit to be reviewed by the City for additional conditions or
revocation.
VIII. DENSITY BONUS
The City Council hereby grants the requested increase in density of twenty four percent
(24%) to allow the construction of a maximum of one hundred and six (106) dwelling units for the
residential component of the project located at the northeast comer of Main Street and Broadway in
the City of Chula Vista.
The City Council further approves the following incentives to the Applicant in order to
balance the financial feasibility of the affordable housing with the usual amenities found in a
development of this type consistent with the Special Use Permit, SLIPS 00-47, for the Project:
1. The City implemented alternative parking standards of no less than one and ahalf(1.5)
parking spaces for each dwelling unit and one space for every eight spaces of the total
residential parking spaces provided at compact size;
2. The City implemented alternative parking standards of seventy-three parking spaces
for the 15,000 square feet of retail commercial, a reduction of two spaces fi'om the
required seventy-five;
Resolution 2000-193
Page 12
The City allowed a reduction in open space for the residential units in accordance
with the approved development plans submitted for the project.
The City allowed a reduction in the required landscaping buffer along Main Street
and Broadway from 15 feet from the property line to 10 feet.
The City allowed a possible reduction in the required open space for each unit of
housing.
IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by sigmng ine lines
provided below, said execution indicating that the property owner and applicant have each read,
understood, and agreed to the conditions contained herein. Upon execution, this document shall be
recorded with the Recorder's Office of the County of San Diego, at the sole expense of the property
owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of
recordation to the Secretary to the Redevelopment Agency shall indicate the property
owners/applicant's desire that the project, and the corresponding application for building permits
and/or a business license, be held in abeyance without approval. Said document will also be on file
in the Redevelopment Agency and known as document no. RACO-00-07.
lgnature o Representadve
Avalon Communities
of
Date
X. INDEMNIFICATION/HOLD HARMLESS
Applicant/operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City/Agency, its members, officers, employees, agents and representatives, from and
against any and all liabilities, losses, damages, demands, claims, costs, including court costs and
attorney's fees (collectively, "liabilities") incurred by the City/Agency arising, directly or indirectly,
from (a) City's/Agency's approval and issuance of this Special Use Permit, (b) City's/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) Applicant's installation and operation of the
facility permitted hereby.
Resolution 2000-193
Page 13
Applicant/operator shall acknowledge their agreement to this provision by executing the
Agreement of this Special Use Permit where indicated. Applicant's/operator's compliance with this
provision is an express condition of this Special Use Permit and this provision shall be binding on
any and all Applicant's/operator's successors and assigns.
XI. NOTICE OF DETERMINATION
The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice
of Determination and file the same with the City Clerk.
XII. YNVALIDITY; AI. JTOMATIC 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.
Presented by
Approved as to form by
Chris Salomone
Community Development Director
John M. Kaheny
City Attorney
Resolution 2000-193
Page 14
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13t~ day of June, 2000, by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Davis, Moot, Padilla, Salas, and Horton
None
None
ATTEST:
Shirley Horto~/~, Mayor
Susan Bigelow, City Cler~k
STATE OF CALIFORNIA )
COU2qTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2000-193 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 13~h day of June, 2000.
Executed this 13th day of June, 2000.
Susan Bigelow, City Clerk
Resolution No. 2000-193
Page 15
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F IIVI E STR
FlI.E NUYBER:
IS .. 00-47
PROJECT DESCRIPTION:
~ AVALON COMMUNITIES, LLC
~ 1689 Broadway
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SCALE:
No Scale
NORTH
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INITIAL STUDY
Request Proposed construclion of a 15,000 sq.ft. mixed-use
.. . commercial buDding and 106 lIIfonlable housing units
with 181 residential and 75 commercial parking
spaces provided.