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HomeMy WebLinkAboutRDA Reso 2001-1711 RESOLUTION NO. 1711 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL LAND USE PERMIT, LUP#TCI-00-001, TO RICHARD D. BLAINE AND MARGUERITE M. HUNG TO ESTABLISH A MIXED USE MEDICAL OFFICElSINGLE- FAMILY RESIDENCE AT 257 GARRETT AVENUE. A. RECITALS 1. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 257 Garrett Avenue, Chula Vista; and 2. Project Appiication WHEREAS, on November 15, 2000 a duly verified application for a Special Land Use Permit (LUP#TCI-00-001) was filed with the City of Chula Vista Community Development Department by Robin Brisbois on behalf of Richard D. Blaine and Marguerite M.' Hung (Applicant); and 3. Project Description; Appiication for Special Land Use Permit WHEREAS, Applicant requests a Special Land Use Permit to establish a mixed use medical office/single-family residence (Project) as depicted in plans on file with the Community Development Department; and 4. Town Centre I Project Area Committee Record on Application WHEREAS, the Town Centre I Project Area Committee held a duly noticed public hearing to consider said application on January 10, 2001 and after considering all evidence and testimony presented recommended by a vote of 4-0-0-3 that the Redevelopment Agency APPROVE the Special Land Use Permit; and 5. Redevelopment Agency Record on Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency on January 16, 2001 to receive the recommendation of the Town Centre I Project Area Committee and to hear public testimony with regard to same; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency does hereby find, determine, and resolve as follows: B. TOWN CENTRE I PROJECT AREA COMMITTEE RECORD The proceedings and all evidence on the Project introduced before the Town Centre I Project Area Committee at their public hearing on this Project held on January 10, 2001 and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has prepared a Notice of Exemption in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista. Resolution No. 1711 Page 2 D. SPECIAL LAND USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the Agency's rules and regulations for the issuance of Special Land Use Permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility, which contributes to the general well being of the neighborhood or the community. The proposed medical office would provide desirable health services to the general community and would be especially accessible to residents and workers in the Town Centre and surrounding area. The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. 2. 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 use would not be detrimental to persons, but would make available desirable heath services that would contribute to the health and general welfare of persons. The health services would be especially accessible to persons in the vicinity. The project is categorically exempt from the California Environmental Quality Act and would not result in any significant environmental impacts. There would be no major exterior improvements to the property; consequently, there would be no aesthetic or physical impacts to property or improvements in the area. The small scale of the proposed medical office use would not be incompatible with the neighborhood. The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. The establishment and operation of the use would be subject to the requirements of responsible agencies with jurisdiction. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The proposed use would be required to comply with the regulations of the Municipal Code, and in any case where it does not comply, this Special Land Use Permit is subject to modification or revocation. The Redevelopment Agency does hereby find that the conditions herein imposed on the grant of this permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed project. 4. That the granting of this Special Land Use Permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any government agency. The project is consistent with the policies of the General Plan. The Project is located within the boundaries of the Central Chula Vista Area Plan (Chapter 10 of the General Plan). Section 2.1, Land Use, identifies mixed uses as a primary element of Town Centre I and identifies the mixed use category of land uses. Goal 3, Objective 10 of the Area Plan specifically calls for "mixed commercial officelresidential uses" within the vicinity of Third Avenue. The Land Use Diagram delineates mixed use areas near Third Avenue. Section 5.1, Urban Core, identifies residentialloffice mixed use for the area south of E Street, west of Third Avenue, and east of Friendship Park. Section 5.3, Third Avenue Shops and Mixed Use, identifies mixed use for the area north and east of Friendship Park, along Glover, Garrett, and Landis Avenues. Resolution No. 1711 Page 3 The proposed use is consistent with the goal of the Town Centre Redevelopment Plan, the Downtown Vision Statement, and Town Centre Project Area Committee Land Use Policy, which call for the revitalization of the Town Centre and downtown as a commercial district. Granting a Special Land Use Permit for the proposed use will reaffirm the effectiveness of the land use provisions of those documents. E. TERMS OF GRANT OF PERMIT The Redevelopment Agency of the City of Chula Vista does hereby grant Special Land Use Permit LUP#TCI-00-001 subject to the following conditions: 1. The subject property shall be developed as described in the application and plans, except as modified herein. 2. The conditionally permitted uses of the subject property shall be limited to medical offices and one single-family residence as described in the application and plans, except as modified herein. 3. The floor plans and the floor areas devoted to each of the conditionally permitted uses of the subject property shall not be modified. 4. The conditionally permitted uses of the subject property shall not exceed the maximum occupancy load pursuant to the Uniform Building Code. 5. The hours of operation of the medical office use shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. The proposed parking stalls shall be located at least 10 feet from the rear property line and 25 feet from the opposite side of the alley. 7. The applicant shall obtain all necessary permits from the Chula Vista Planning and Building Department and Fire Department. The Project shall comply with the requirements of the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 8. This permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Chula Vista Municipal Code. 9. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the Project, which condition(s) the City 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 exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 10. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from a) City's approval and issuance of this Special Land Use Permit, b) City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and without limitation, any and all iiabilities Resolution No. 1711 Page 4 arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this Special Land Use Permit where indicated below. The applicant's compiiance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the iines 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 County Recorder's Office of the County of San Diego, and a signed, stamped copy returned to the Community Development Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the Community Development Department shall indicate the property ownerlapplicant's desire that the Project, and the corresponding appiication for building permits andlor a business license, be held in abeyance without approval. Said document will also be on file in the Community Development Department's files and known as Resolution No.1711. rfLhJD,~ Signature of Property OwnerlApplicant ':::;;',IV /<? 0/ Date Signature of Property OwnerlApplicant Date G. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions faii to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute, litigate, or compel their compliance; or seek damages for their violations. Applicant or successor in interest gains no vested rights by the Redevelopment Agency approval of this Resolution. '. H. INVALIDITY; AUTOMATIC 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 anyone 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 Director of Community Development Resolution No. 1711 Page 5 Resolution No. 1711 Page 6 PASSED, APPROVED, and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 16th day of January, 2001 by the following vote: AYES: Members Padilla, Rindone, Salas, and ChairlMayor Horton NOES: None ABSENT: Member Davis ABSTENTIONS: None ~Æß"cII1:' !~>¡ Shirley Hort 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. 1711 and that the same has not been amended or repealed. Dated: January 17, 2001 ~~ Chris Salomone Executive Secretary