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HomeMy WebLinkAboutRDA Reso 2004-18932006-0543012 e e e Recording requested by: City ofChula Vista After recording return to; City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 DOC tI 2006-0543012 1 11111111 1llllllllIllllIiillll!11I11111111111II111111I1111111 111111111 AUG 01, 2006 10'29 AM Cif-J-IClp,L REI-UFi[I':, '...,Ll,r'J [-i~l:LiU ! ,III IN T I FiEr'm-,l!F Fl":, UFFII [ l.iFH:.hlli"i'l ,I ~;MITH I :oum"1 r::[COF:[!F~R rEE~, 000 F'-'.GEc, ""I 1 !IIIII 11111 1I111 11111 11111 11I11 11111 11111 Ilill 11111 1111I 11111111111111111111111 This space for Recorder's use only ~/0. ~ r I~OV\ RDA RESOLUTION NO. 2004-1893 Documellt TttJe e e e RDA RESOLUTION NO. 2004-1893 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING DESIGN REVIEW (DRC-03-87) FOR A RETAIL COMMERCIAL SHOPPING CENTER AT 4501 MAIN STREET (YACOEL PROPERTIES, LLC) A. RECITALS 1. Project Site WHEREAS, the property, 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 4501 Main Street, Chula Vista; and 2. Project Application WHEREAS, on June 27, 2003 a duly verified application for Design Review (DRC-03- 87) was filed with the City ofChula Vista by Yacoel Properties, LLC (Applicant); and 3. Project Description WHEREAS, Applicant requests Design Review approval to develop a retail commercial shopping center (Project) as depicted in plans on file with the Community Development Department; and 4. Design Review Committee Record on Application WHEREAS, the Design Review Committee held a duly noticed public hearing to consider said application on July 19, 2004 and after considering all evidence and testimony presented recommended that the Redevelopment Agency APPROVE Design Review (DRC-03- 87); and 5 Planning Commission Record on Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Planning Commission on August 18, 2004 to receive the recommendation of the Design Review Committee and to hear public testimony with regard to same; and after considering all evidence and testimony presented recommended that the Redevelopment Agency APPROVE Design Review (DRC-03-87); and RDA Resolution No. 2004-1893 Page 2 6. Redevelopment Agency Record on Application --. WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency on August 24, 2004 to receive the recommendation of the Planning Commission 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. DESIGN REVIEW COMMITTEE RECORD The proceedings and all evidence on the Project introduced before the Design Review Committee at their public hearing on this Project held on July 19, 2004 and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. C. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on August 18, 2004 and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. D. ENVIRONMENTAL DETERMINATION The Agency is relying on the previously certified Environmental Impact Report (EIR-04- 03) which has been prepared in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. ~ E. CONFORMANCE WITH REDEVELOPMENT PLAN The Redevelopment Agency of the City of Chula Vista does hereby find that the Project is consistent with the adopted Redevelopment Plan for the Merged Project Area. F. CONFORMANCE WITH DESIGN MANUAL The Redevelopment Agency of the City of Chula Vista does hereby find that the Project is in conformance with the City Design Manual, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1 The proposed project is consistent with the development regulations of the Municipal Code. The proposed project would be consistent with the development standards of the proposed Central Commercial Zone, including height, setbacks, parking, and landscaping. ~ e e e ~., - RDA Resolution No. 2004-1893 Page 3 2. The design features of the proposed project are consistent with the Design Manual and the Landscape Manual. The proposed project would be consistent with the Design Manual and Landscape Manual, including compatibility within the context of the Main Street corridor through its design, scale, landscaping, and use of materials. G. TERMS OF GRANT OF PERMIT The Redevelopment Agency of the City of Chula Vista does hereby approve Design Review Permit (DRC-03-11) subject to the following conditions: 1 The subject property shall be developed and maintained in substantial conformance with the approved application, plans, and color and material board, except as modified herein. 2. The use of Date Palms (p. dactylifera) shall be limited to the project entrance and Main Street streetscape. California Laurel (u. californica) shall be eliminated from the plant material palette and Catalina Ironwood and/or Engleman Oak shall be substituted in its place. 3. The recommendations of the EIR biologist and Environmental Review Coordinator shall be implemented for the native/non-invasive landscape buffer along the southern project boundary. 4. Utilities and equipment shall be architecturally screened and/or located out of public view 5. A graffiti resistant treatment shall be specified for all wall and building surfaces and shall be noted on all building and wall plans prior to issuance of building permits. 6. The project shall comply with applicable codes and requirements, including but not limited to CBC, CFC, CMC, CPC, CEC, ADA requirements, Title 24, and other codes in effect at the time of issuance of any permit. 7 A solid waste and recycling plan shall be submitted and approved prior to the issuance of building permits. 8. A lighting plan shall be submitted and approved prior to the issuance of building permits. 9 The applicant owner shall comply with all applicable federal, state, and local requirements, and in any case where it does not comply, this permit is subject to modification or revocation. RDA Resolution No. 2004-1893 Page 4 10. This permit shall become void and ineffective if not used or extended within one year .-... from the effective date thereof, in accordance with Section 1914.600 of the Municipal Code. 11. 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 12. The applicant shall and does hereby agree to indemnifY, protect, defend, and hold harmless the 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 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 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. .-... 13 The design and architecture of the future restaurant buildings shall be submitted for review and approval to the Design Review Committee prior to the issuance of building permits for the restaurant buildings. 14 Enriched paving shall be incorporated into the project entrance. H. 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 Development Department's files and known as Resolution No. 2004-1893. .-... e e e RDA Resolution No. 2004-1893 Page 5 ,4~~ ?~tJ~ Date t: Signature of~r9perty. 0 er/Al1plicant Ibv;}fJ.f....yU ~...17e.r .r:.u.c.. Signature of Property Owner/Applicant Date 1. CONSEQUENCES OF F AlLURE 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. J. 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 CA~ Ann Moore Agency Counsel '. RDA Resolution No. 2004-1893 Page 6 PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of ."""", Chula Vista, California, this 24th day of August 2004, by the following vote: AYES. Agency Members: Davis, McCann, Rindone, Salas, and Padilla NA YES. Agency Members: None ABSENT Agency Members: None t12 ATTEST. STATE F CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Laurie A. Madigan, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the foregoing Redevelopment Agency Resolution No. 2004-1893 was duly passed, approved, and adopted by the Redevelopment Agency at a regular meeting held on the 24th day of August 2004 Executed this 24th day of August 2004 .-. .-. \.