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Home My WebLink AboutRDA Reso 2001-1726 RESOLUTION NO. 1726 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE EXTENSION OF THE SPECIAL USE PERMIT SUPO-01-01 UNTIL DECEMBER 31, 2017 FOR ECOLOGY AUTO WRECKING LOCATED AT 800-834 AND 825 ENERGY WAY WHEREAS, on November 10, 2000 the City of Chula Vista did receive an application for an extension of an existing Special Use Permit, SUPO-01-01 (formerly identified as CPE 53, SLVP 24, and PCC-73-27) until December 12, 2025, and this constitutes a formal application; and WHEREAS, Conditional Use Permit #PCC-73-27, effective date December 12, 1973 originally allowed the automotive recycling facilities located at 800-834 and 825 Energy Way and known as Ecology Auto Wrecking; and WHEREAS, the City of Chula Vista, the Redevelopment Agency of the City of Chula Vista, and the applicant entered into a Settlement Agreement relating to the Otay Valley Road widening on December 8, 1992, which resulted in the immediate extension of the previously mentioned permit until 2005; and WHEREAS, annual review of the project indicates that all conditions of the previously issued permit have been met; and WHEREAS, the Planning and Environmental Manager has determined that no new environmental impacts that have not been previously addressed in the previously granted Conditional and Special Use Permits for this use will occur: and WHEREAS, the Planning Director set the time and place for a hearing on the Special Use Permit extension and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the real property that is the subject of the hearing at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., April 25, 2001, in the City Council Chambers, 276 Fourth Avenue, before the Planning commission, all testimony considered, and said hearing was thereafter closed; and, WHEREAS, the Planning Commission recommended that the consideration of such extension was premature pending a study of potential alternate uses and therefore voted 7-0 to deny the extension; and WHEREAS, the Community Development Director set the time and place for a hearing on the Special Use Permit extension and notice of said hearing, together with its purpose, was given by a publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the real property that is the subject of the hearing at least 10 days prior to the hearing; and, ---'-"--"-- -- ~'~_._'-"--------' --"~--~-_.~--.---,..~-.....".--.-----~.- -...... ~-------------~---_..__.. ...-._._~---,..._--_.,._._.-.- Resolution No. 1726 Page 2 WHEREAS, the hearing was held at the time and place as advertised. namely 4:00 p.m., May 1, 2001, in the City Council chambers, 276 Fourth Avenue, before the Redevelopment Agency, all testimony considered and said hearing was thereafter closed; and, NOW THEREFORE BE IT RESOLVED that Special Use Permit SUPO-01-01 is hereby APPROVED with an expiration date of December 31,2017 according to the following findings and subject to the conditions contained herein: FINDINGS 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 in that the recycling of End Life Vehicles (EL Vs) results in cost savings in recycled parts, energy conservation, parts availability, reduction in abandoned vehicles and land filling, raw material supply, and reduced insurance rates via reducing costs of repair and providing a market for totaled vehicles. Ecology Auto Wrecking also acts as an approved oil recycling center. 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 since the land use is considered an interim use, and is regulated for safety and health concerns via local and state agencies, as well as via the conditions of this permit, which speak to adequate offstreet parking, landscaping, and screening of the visual impact. Surrounding land uses include other auto wreckers, the landfill, auto auctioneers, contractors yard, and construction material recycling. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. 4. That the granting of the special use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental Agency since the General Plan is Industrial and the Otay Valley Road Redevelopment Implementation Plan recognizes auto wrecking as a transitional use. CONDITIONS 1. Required off street parking shall be maintained in a manner consistent with the Chula Vista Municipal Code. 2. Landscaping and irrigation shall be maintained in a manner consistent with the Landscape manual. Resolution No. 1726 Page 3 3. Fencing and other appropriate comparable-cost s;:reening measures to ameliorate adverse visual impacts shall be maintained. 4. Applicant shall continue to apply state of the art storage, safety, and conservation measures, including, without limitation, drainage improvements, fire suppression devices, and hazardous fluid collection. A list of such measures shall be prepared by the applicant and approved by the Agency, to be attached hereto. 5. Applicant shall comply with any and all federal. state, and local laws and safety standards. 6. 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 fees (collectively, liabiiities) incurred by the City arising, directly or indirectly, from a)City approval and issuance of this Special Land Use Permit extension, 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 liabilities 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 compliance 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. 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. Faiiure 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 owner/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 shall also be on file in the Community Development Department's files and known as Resolution No. 1726. Signature of Property Owner/Applicant. Date Signature of Property Owner/Applicant Date --.---..-...----.------------.---.- Res(Jlution No. 1726 Page 4 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. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceabiiity 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 ~, ~c~ Chris Salomone Director of Community Development Resolution No. 1726 Page 5 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 8th day of May, 2001 by the following vote: AYES: NOES: None Members Davis, Padilla, Rindone, Salas, and Chair/Mayor Horton ABSENT: None ABSTENTIONS: None ATTEST: ~~ Chris Salomone Executive Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) ,4/Aftr;/~ Shirley Ho n Chairman I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, Califomia DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1726 and that the same has not been amended or repealed. Dated: May 9, 2001 ... _....____--..-.--....-. __......_.._...m.__._..._..____........--......_...._..____...___.~_____._____ (J~{ )~ ~ Chris Salomone Executive Secretary , ¡ connection with the use contempleted herein, and without limitation, any and all liabilities 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 compliance with this provision is an express condition of this permit and this provision snail be binding on any and all of the applicant's successors and alaigns. 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 Convnunity Development Department. Failure to retum a signed and stamped copy of this recordea document within ten days cf recordation to the Community Development Department shall indicate the property owner/applicant's desire that the Project. and the corresponding application for building pennits andlor a business license, be held in abeyance without approval. Said document shall alsp be on file In the Community Development Department's files and wn as Resoluti n No_, s -/Õ-{) / Date Signature of Property Owner/Applicant. . éÞ/llZhlZS .16, SIRaÎ/Y);9111 '~'¡g~.¿ . _rr r-.....;A..·-, r_~'r'r.J:~'ßt Date 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 buDding 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 Resotutlon. 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 avery 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 unenrorceable, this resolution and the permit shail be deemed to be automatically revoked and of no further force and effect ab initio. PRESENTED BY APPROVED AS TO FORM BY ~ .~ Chris omo~e Director of Community Development ~o~ ...3 - í