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HomeMy WebLinkAboutReso 2003-504 I~J 1r,; tJ\ 1 '(of' DOC # 2004-0130159 FEB 19, 2004 10=39 AM Recording requested by: City ofChuia Vista (fFICIAL RECœDS SAN DIE1ìO CIDlTV RECORDER'S (fFICE GREGORY J. SMITH, ~TV RECORDER FEES: 0.00 After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 This space for Recorder's use only RESOLUTION NO. 2003-504 Document Thfe RESOLUTION NO. 2003-504 RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF THE BONITA BRANCH COUNTY LIBRARY AND HISTORICAL MUSEUM/PUBLIC SAFETY CENTER I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit "A" and for the purpose of general description, herein consists of 65,883 square feet (1.55 acres) located adjacent to 4475 Bonita Road ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on October 15, 2003 a duly verified application was fùed with the City of Chula Vista Planning and Building Department by the County of San Diego, Department of General Services, ("Applicant") requesting approval of a conditional use permit to allow the construction and operation of a 9,900 square foot Branch Public Library and 4,400 square foot Historical MuseumJPublic Safety Center, and 56 space parking lot ("Project"); and C. Lease Agreement WHEREAS, on December 16, 2003, the City of Chula Vista (City) and the County of San Diego (County) entered into a lease agreement wherein the City agrees to lease the Project Site to the County for the construction and operation of the project, and said lease agreement was approved by the County on December 9, 2003; and D. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of a Mitigated Negative Declaration (Bonita/Sunnyside Library, Project No. KL9540) previously adopted by the County on December 9, 2003; and E. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the project on December 10, 2003, and after staff presentation and public testimony, voted 6-0-1 to recommend that the City Council approve the project, in accordance with the findings and subject to the conditions listed below; and F. City Council Record of Applications WHEREAS, the City Clerk set the time and place for a hearing on said Conditional 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 Resolution 2003-504 Page 2 and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely December 16, 2003 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW THEREFORE BE IT RESOLVED, that the City Council hereby finds, determines and resolves as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the project held on December 10, 2003, and the minutes and resolutions resulting there from are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the previously adopted Mitigated Negative Declaration for the Bonita/Sunnyside Brach Library, Project Number KL9540 (adopted December 9, 2003, by the County of San Diego Board of Supervisors, the lead agency for this project under CEQA). Thus, no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the proposed project has been reviewed in accordance with the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista, and has determined that the proposed project was adequately covered in the previously adopted Mitigated Negative Declaration for the Bonita/Sunnyside Branch Library, Project Number KL9540 (adopted December 9, 2003, by the County of San Diego Board of Supervisors, the lead agency for this project under CEQA), and as such reflects the independent judgment of the City Council of the City of Chula Vista. V. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL FINDS AS FOLLOWS: THAT THE PROOSED USE AT THIS 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 Approval of the project will allow the applicant to provide a higher level of essential public services to the community, including library services, a community meeting room, and a local history museum. The facility will be an important architectural and civic landmark for the Bonita community. Its location is desirable for provision of public services because the site is in a highly visible and conveniently accessible location. L ---------- ---~ ----- -------------- Resolution 2003-504 Page 3 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 IMPROVEMNENTS IN THE VICINITY. The project will provide improvements that will ensure that auto and pedestrian traffic flows smoothly in an out of the site, including adequate off-street parking, a realigned shared driveway access with the adjacent municipal golf course, a new traffic signal, and a pedestrian trail connection. The architectural and landscape design is subject to review and approval by the City Zoning Administrator, to ensure that it will be compatible with that of the surrounding community. Safety improvements have been built into the project to minimize potential safety impacts from the project's adjacency to the golf course. The hours of operation of the project will be similar those of the adjacent commercial and recreational uses. Thus, the project will be compatible with the surrounding neighborhood., and will not be detrimental to the health, safety, and general welfare of the persons residing and working in the vicinity. THAT THE USE WILL COMPLY WITH THE REGULATIONS AND CONDmONS SPECIFIED IN THE CODE FOR SUCH USE. The use is consistent with the requirements of the Visitor Commercial Zone, and project conditions of approval require the operation to be in continuing compliance with all applicable city codes and regulations. THAT THE GRANTING OF THE CONDITIONAL USE PERMIT WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OR THE ADOPTED PLAN OF ANY GOVERNMENTAL AGENCY. The project will not adversely effect implementation of the General Plan and will not alter the land use pattern of the area because the proposed public facility use is permitted in the commercial general plan and zoning designation for the site, upon approval of a Conditional Use Permit. VI. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL IN LIGHT OF THE FINDINGS ABOVE, hereby grants approval of the Conditional Use Permit subject to compliance with the following conditions of approval: 1. Provide written evidence to the Director of Planning and Building by June 15, 2004, that the applicant has implemented, or caused the implementation of all mitigation measures and critical project design elements pertaining to the project identified in Mitigated Negative Declaration (M.N.D.) for the Bonita/Sunnyside Branch Library, Project Number KL9540, as adopted on December 9, 2003 by the County of San Diego Board of Supervisors. Any such measures not satisfied by a specific condition of this Conditional Use Permit approval shall be implemented to the satisfaction of the Director of Planning & Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjunction with the above-referenced M.N.D. 2. Comply with requirements of the Chula Vista Fire Department Standard Operating Guidelines and other project-related Fire Department requirements, prior to the delivery of combustible materials to the site and prior to approval of construction drawings, to the satisfaction of the City Fire Marshall. Resolution 2003-504 Page 4 3. Obtain approval of grading and improvement plans to the satisfaction of the City Engineer by March 16, 2004. 4. Obtain City approval of detailed landscaping, irrigation and water management plans by June 15, 2004, which shall include the following: a.) Details of the pedestrian/equestrian trail connection, including drainage across the trail; b.) Submit separate landscape plans on City "D" sheets for areas maintained by the City; c.) Plans should clearly identify and differentiate areas maintained by the City vs. areas maintained by the County. d.) Plans should reflect approved site improvements, grading and boundaries. The following conditions of approval will remain in effect after use or occupancy of the project has commenced: 5. Hours of operation shall be as follows: Mondays, Tuesdays, Wednesdays, Thursdays and Fridays: 10 a.m. to 9 p.m.; Saturdays and Sundays 9 a.m. to 5 p.m.; 7 days a week. 6. Comply with all applicable City 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 this Conditional Use Permit, or any provision of the Municipal Code, as determined by the Director of Planning and Building shall be sufficient grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. 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 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. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this Conditional Use Permit, provided the City promptly notifies the applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 9. This Conditional Use 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. 10. The applicant shall execute this document by signing the line provided below, said execution indicating that the applicant has read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the applicant, and a signed stamped copy returned to ----------- ------~------ -~ -------------------- -- ----------------------- Resolution 2003-504 Page 5 the Planning and Building Department. Failure to return a signed copy and stamped copy of this recorded document within thirty days of recordation to the Planning and Building Department shall indicate the applicant's desire that the project be held in abeyance without approval. Said document shall also be on me in the City Clerk's office. /~JL- n of Applicant -- DatI / ":'Jõ/TN.::J. 1lI~ TIjAv VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition all certificates or occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by developer or a successor in interest by the City's approval of this resolution. IX. 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 anyone or more terms, provision, or conditions are determined by a Court of Competent Jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution 2003-504 Page 6 Presented by Approved as to form by G-~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of December, 2003, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Davis, Rindone and Padilla None Salas McCann dfi¿ifi? JLL ATTEST: ~1J. t:L.L ~~ Susan Bigelow, CMC, City Cler STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-504 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of December, 2003. Executed this 16th day of December, 2003. ~ ~--t_t Ó-.-L 13:' ~--' Susan Bigelow, CMC, City Cle ---------------- -------- --------------- -------- -- -----~--- ----------