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Home My WebLink AboutRDA Reso 2001-1731 RESOLUTION NO. 1731 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL LAND USE PERMIT, SUP#TCI-01-02, TO RAY JOHNSTON TO ESTABLISH A MIXED USE- OFFICE/SINGLE-FAMIL Y RESIDENCE-AT 217 LANDIS 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 217 Landis Avenue, Chula Vista; and 2. Project Application WHEREAS, on March 28, 2001 a duly verified application for a special land use permit was filed with the City of Chula Vista Community Development Department on behalf of Ray Johnston (Applicant); and 3. Project Description; Application for Special Land Use Permit WHEREAS, Applicant requests a special land use permit to establish a mixed use 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 May 9, 2001 and after considerimg all evidence and testimony presented recommended by a vote of 5-0 that the Redevelopment Agency APPROVE Special Land Use Permit #TCI-01-02; 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 June 5, 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 introduced before the Town Centre I Project Area Committee at their public hearing on this Project held on May 9, 2001 and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Project Manager 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. 1731 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 office use would provide desirable 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 services to the general public. The services would be especially accessible to residents and workers in the vicinity of the Town Centre. 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 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 Town Centre Project Area Committee 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 residential/office mixed use for the area south of E Street, west of Third Avenue, and east of Resolution No. 1731 Page 3 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. 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 #TCI-01-02 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 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 þroperty shall not exceed the maximum occupancy load pursuant to the Uniform Building Code. 5. The hours of operation of the office use shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. The applicant shall pay the required fees into t~e Town Centre parking district for five additional parking stalls pursuant to Section 19.62.040 of the Municipal Code. 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 Qf the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 8. The applicanUproperty 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 applicanUproperty 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 applicanUproperty 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 applicanUproperty olo'{ner's successors and assigns. 9. This permit shall become void and ineffective if not utilized or extended within one yea! from the effective date thereof, in accordance with Section 19.14.260 of the Chula Vista Municipal ~a . 10. 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 healthor Resolution No. 1731 Page 4 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. ~ 11. 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 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. 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 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 will also be on file in the Community Deveiopment Department's files and known as Resolution No. 1731. >-5J-d/ . Date ;7. ;5/-0/ 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. Resolution No. 1731 Page 5 H. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is deper)dent 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 ëre determined by a Court of comp¡atent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed 10 be automatically revoked and of no further force and effect ab initio. PRESENTED BY APPROVED AS TO FORM BY ~L~S:Q~~ Chris alomone Director of Community Development - -------.--,---..--.-.-......-..--.. ~._..-........-.--. - .________'.._n_._ ___, ____,~,,____..__.._. _ ._._._.._ Resolution No. 1731 Page 6 PASSED, APPROVED, and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 5th day of June, 2001 by the following vote: AYES: Members Padilla, Rindone, Salas, and Chair/Mayor Horton NOES: None ABSENT: Member Davis ABSTENTIONS: None AA/I /;/ z /1;;:';/'," . _'.-t _.._ 1': <,', ( Shirley Hortonfl Chairman ATTEST: ~Çy~ 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. 1731 and that the same has not been amended or repealed. Dated: June 6, 2001 @G~ Chris Salomone Executive Secretary EXHIBIT A ., ~ "j CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT RAY JOHNSTON PROJECT DESCRIPTION: Œ) APPUCANT: SPECIAL LAND USE PE.RMIT PROJECT 217 LANDIS AVENUE Request Proposal to allow the establìSliiTiëñt of a ADDRESS: SCAlE: FILE NUMBER: mixed use (office/single-family) residence. NORTH ND Scale SUP#TCI-01-02 --, /1 --_._--_.__._-_.._.__.._._~._,,'-_._-----'-