The URL can be used to link to this page

Home My WebLink AboutRDA Reso 2001-1722 RESOLUTION NO. 1722 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING SPECIAL LAND USE PERMIT SUP#TCI-02-01 FOR AN OFFICE TO RESIDENTIAL CONVERSION AT 208 THIRD 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 208 Third Avenue, Chula Vista; and 2. Project Application WHEREAS, aduly verified application for a Special Land Use Permit (SUP#TCI-02-01) was filed with the City of Chula Vista Community Development Department by Greg Fowler (Applicant); and 3. Project Descriptiop; Application 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 March 14, 2001 and after considering all evidence and testimony presented recommended by a vote of 4-0-1 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 April 24, 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 March 14, 2001 and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. -------.,----.--- Resolution No. 1722 Page 2 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. 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 residential conversion would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. The use would be compatible with the existing and desired retail and service commercial uses along Third Avenue as identified in the Central Chula Vista Area Plan of the General Plan and the Town Centre I Redeve!opment Plan, as the particular location is not conducive to these uses, but the use as residential will provide the opportunity in the immediate area for the financial support the preferred uses require. 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 residential conversion would not be detrimental to permitted land uses in the vicinity. The proposed use would introduce a residential use to the Town Centre that would be compatible with the land use categories identified in the General Plan and Redevelopment Plan. In addition, the reduced parking needs generated by the use would assist businesses and retaii customers by decreasing the demand for scarse on-street parking and off-site parking facilities. 3. That the proposed use will comply with the regulations and condiüons specified in the Municipal Code for such use. The residential conversion has been conditioned to meet the requirements of the Building Department via the attainment of a building permit and final inspection. 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. Resolution No. 1722 Page 3 The proposed use is consistent with the General Plan. The subjec¡ property is located within the boundaries of the Urban Core Neighborhood of the Central Chula Vista Area Plan. The proposed use would be consistent with Objective 1 of the Area Plan. "to maintain and support the vitality of commercial establishments along Third Avenue: 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 cail 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-02-01 subject to the following conditions: 1. This approval shall expire within 18 months if a building pe~mit and subsequent final inspection is not approved by the City of Chula Vista within that time frame. 2. Applicant shall be required to comply with the provisions of the City of Chula Vista's Multi-Family Crime Prevention Program. 3. The applicant/property owner shall provide to all current and future tenants a written notice disclosing the subject property's location within the Town Centre I Redevelopment Project Area and the current list of uses that are permitted and conditionally permitted in the project area (as provided by staff) and shall obtain signed statements from each tenant indicating receipt of such notice and acknowledgment of the potential uses that may be permitted in the project area. The applicant/property owner shall submit signed statements to the Community Development Department within 30 days of approval of this special land use permit for current tenants and within 30 days of initial occupancy by future tenants The applicant/property owner's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant/property owner'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 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 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 application 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. 1722. . -..---.. --_......_-_.--------_._--_._~-~~._------- Resolution No. 1722 Page 4 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 fail 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 r ).~L Chris Salomone Director of Community Development Gw~~ ( I \ "~J ~J.n" ,~ ., Î ..'1,..-.-' Jqhn M. Kaheny Agency Attorney '~ " v Resolution No. 1722 Page 5 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 24th day of April, 2001 by the following vote: AYES: Members Davis, Padilla, Rindone, Salas, and ChairlMayor Horton NOES: None ABSENT: None f-1 ABSTENTIONS: None .JJ~{~/~M Shirley Ho n Chairman ATTEST: (ù ~ Chri~ne 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. 1722 and that the same has not been amended or repealed. Dated: April 25, 2001 CL~ Chris Salomone Executive Secretary _.~,.._-_.__._------- ...----.- ~ -- --~"._-'-"--'-'~"-"----'-'--'~--'--'---'-""-""- - -'-'~----"--'----"---"~'---~-"'---"- STATE OF CALIFORNIA ) ) S.S. COUNTY OF SAN DIEGO ) On the -':J"d day of ~ ' 2001, before me, the undersigned, personally appeared Slu:v-,~ ' personally known to me to be the person~whose name~ islat;< subs 'bed to the within instrument and acknowledged to me that ~she/~ executed the same in þis/her/tþe.ir authorized capacity (~), and that by RWher/tl¡)(x signature~ on the instrument, the person~, or the entity upon behalf of which the personCW'acted, executed the instrument. WITNESS my hand and official seal !"",£-' ~t.t~· _?'d- --3 ~ '..-.- "' ;.W-=. ~', 0 - - -. ~'~';'<>~~'--~.' d~\ K-~·"";3'';''--'''-'''. ~-...' .....----::_~....;.~. ,,,,,-..~_...,. ,¡,;,_:':; ].-d~~¡'-<~~ <:--.;'~; -/-'-7·· \...:.' ~.~ "i~5'~ ,... Kin l.e), vi,u,. ..: Donna Norris, Assistant City Clerk City ofChula Vista ~ - ..-.--.---p--------.---.. ....~_._._-_.,..~--..._-~-"....._."--_.. - _.._-~_..._...._~_._-_._-~----_..~ STATE OF CALIFORNIA ) ) S.S. COUNTY OF SAN DIEGO ) On the ~.;l...cl day of A~ ' 2001, before me, the undersigned, personally appeared f Mr,' s SaL:,~ , personally known to me to be the person(JQ whose name~ is/æJÇ subscribed to the within instrument and acknowledged to me that he/s~~y executed the same in hislhl!r/tht!ir authorized capacity (ilì), and that by hislHt!r/tbtir signature~ on the instrument, the person~, or the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal ....':#:;,.1 ~ u.... ~.'- .,,,-: ,.r, --co '. ."'~ I...· -. ---,._~.-:~..--' ~\ ,~~--~~~"::--"'-':'-~"'''' [: --=-.~ ",,"';"" _..,--~'~ ~Z,.j.~;;~:;':2~:J~>::\ . -~~-,-/I V ~~' ..~, -¿f~' d~ _AIo~ Donna Norris, Assistant City Clerk City ofChula Vista ---,----- .._-..... ------.------- ,,_.. __ '--'-~_."___W__"."_'_ .~_.__.._. __~______._~._.__,__ .~~__.__.__,___.._,__..._._._..__..._....__..~.~____ STATE OF CALIFORNIA ) ) S.S. COUNTY OF SAN DIEGO ) On the Øl:Jnd day of N1~ ' 2001, before me, the undersigned, personally appeared ~ I en Ar>o, ,'IIL ~ , personally known to me to be the personClQ whose name(¡q is/¡¢ subscribed to the within instrument and acknowledged to me that he/s){e/tij(:y executed the same in hislbcr/t1'¡eir authorized capacity (i~), and that by his/lîl!r/tlJtir signature()Q on the instrument, the person(~, or the entity upon behalf of which the person()<) acted, executed the instrument. WITNESS my hand and official seal 4gp.u> _Jfa~ . Donna Norris, Assistant City Clerk City ofChula Vista