HomeMy WebLinkAboutRDA Reso 2007-1972
RDA RESOLUTION NO. 2007-1972
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM IS-06-007. APPROVING DESIGN
REVIEW PERMIT DRC-06-33 TO CONSTRUCT A NEW HOME
DEPOT STORE, AND CONDITIONAL USE PERMIT PCC-06-025
,TO ESTABLISH AND OPERATE PERMANENT OUTSIDE
SALES AND DISPLAY MERCHANDISE, AT 1030 THIRD
AVENUE WITHIN THE MERGED CHULA VISTA
REDEVELOPMENT PROJECT AREA (ADDED AREA)
1. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this resolution is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consists of I I.I 0 acres located at 1030 Third A venue (Project Site);
and
B. Project; Applications for Discretionary Approval
WHEREAS, duly verified applications for a Design Review Permit (DRC) and
Conditional Use Permit (CUP) were filed with the City of Chula Vista Planning Department on
November 7, 2005, by The Home Depot USA Inc. (Applicant); and
WHEREAS, the Applicant requests approval of a Design Review Permit to construct a
new 97, 396 sq. ft. Home Depot retail building, an enclosed 31,647 sq. ft. garden center, and
other related improvements as depicted on the DRC-06-33 plans; and
WHEREAS, the Applicant requests approval of a Conditional Use Permit, PCC-06-025,
to establish and operate a permanent merchandise outside sales and display of merchandise
(together with the DRC Permit - Project) at the store at the Project Site; and
WHEREAS, pursuant to Chula Vista Municipal Code section 19.58.370.A, the
permanent outside sales and display of merchandise is permitted only when included as part of
an approved Site plan subject to the conditions set forth in this Section. Section 19.58.370.A.l
lists the items to be considered for outside display and allows that other items can be included if
the Planning Commission determines that the items are of the same general character as the
listed items (subsection i) or if the Planning Commission approves specific items to be displayed
in an area specifically designed for that merchandise (subsection j); and
RDA Resolution No. 2007-1972
Page 2
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-06-007 in accordance with the California Environmental Quality Act (CEQA). Based
upon the results of the Initial Study, the Environmental Review Coordinator has determined that
the Project could result in significant effects on the environment. However, revisions to the
Proj ect made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a
point where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, IS-06-007; and
C. Prior Discretionary Approvals
WHEREAS, on May 4, 2004, pursuant to Ordinance 2962, the Project Site was added to
the Merged Chula Vista Redevelopment Project (Added Area), and therefore the Project requires
approval by the Redevelopment Agency; and
WHEREAS, on December 4, 2006, the Resource Conservation Commission determined
that Initial Study IS-06-007 for the Project was adequate, and recommended adoption of the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-007;
and
WHEREAS, on March 19, 2007, the Design Review Committee recommended approval
of Design Review Permit DRC-06-033 and adoption of Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, IS-06-007, by a vote of 5-0-0; and
WHEREAS, the proceedings and all evidence introduced before the Design Review
Committee at the public hearing on the Design Review Permit held on March 19, 2007,
including the minutes and Notice of Decision are incorporated into the record of this proceeding;
and
WHEREAS, on March 21, 2007, the Planning Commission voted 7-0-0 to recommend
that the Redevelopment Agency approve the Conditional Use Permit, in accordance with the
findings and subject to the conditions listed in that CUP; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this Conditional Use Permit held on March 21, 2007,
including the minutes and Resolution are incorporated into the record ofthis proceeding; and
D. Redevelopment Agency Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project and
notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 feet of the exterior
boundaries of the Project Site at least ten (10) days prior to the hearing; and
WHEREAS, the Redevelopment Agency held an advertised public hearing on the Project
on April 24, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue; and
__._____.J
RDA Resolution No. 2007-1972
Page 3
WHEREAS, after hearing staffs presentation and public testimony, and receiving the
recommendation of the Resource Conservation Committee, the Design Review Committee and
Planning Commission, the Redevelopment Agency voted ~ -Q-Q to adopt the Mitigated Negative
Declaration and Mitigation Monitoring Reporting Program (IS-06-007), and to approve the
Design Review Permit and the Conditional Use Permit, in accordance with the findings listed
below.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA FINDS, DETERMINES and RESOLVES AS FOLLOWS:
II. Certification of Compliance with CEQA
The Redevelopment Agency finds that the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (IS-06-007) have been prepared in accordance with the
requirements of the California Enviromnental Quality Act (CEQA), the State CEQA Guidelines
and the Enviromnental Review Procedures of the City of Chula Vista, and adopts the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-007). The
Mitigated Negative Declaration is approved based upon findings of fact pursuant to the CEQA
Section 15074(b):
I. The enviromnental determination is based on the attached Initial Study.
2. There is no substantial evidence on the basis of the whole record that the Project will
have a significant effect on the enviromnent.
3. The Mitigated Negative Declaration reflects the lead agency's independent judgment
and analysis.
A copy of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(IS-06-007) is on file in the Chula Vista Planning and Building Department, 276 Fourth Avenue,
Chula Vista, CA, 91910. The docum.ent. and. materials which constituted the record of
proceedings upon which the decision is based are under the custodial care of the Planning and
Building Director/Enviromnental Review Coordinator.
The Redevelopment Agency finds that in the exercise of their independent review and judgment,
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-
007) in the form presented has been prepared in accordance with requirements of the CEQA and
the Enviromnental Review Procedures of the City of Chula Vista and adopts the same.
The Redevelopment Agency of the City of Chula Vista grants Design Review Permit DRC-06-
033 subject to the following conditions required to be satisfied by the Applicant and/or property
owner(s):
III. Findings Necessary for the Design Review Permit
The Redevelopment Agency finds as follows:
RDA Resolution No. 2007-1972
Page 4
I. That the proposed development, as conditioned, is consistent with the development
regulations of the Central Commercial-Precise Plan (CCP) Zone.
2. That the design features of the proposed development are consistent with, and are a cost
effective method of satisfying, the City of Chula Vista Design Manual and Landscape
Manual.
IV. Conditions of Approval
The following conditions shall be incorporated into the plan by the Applicant prior to
issuance of building permits for this Project:
GenerallPreliminary
A. Prior to the issuance of any permits required by the City of Chula Vista for the use of
the subject property in reliance on this approval, the Property Owner, and the
Applicant/Representative shall execute this document by making a true copy of this
letter of conditional approval, signing both the original and true copy on the lines
provided below, said execution indicating that the Property Owner and Applicant!
Representative have each read, understood and agreed to the conditions contained
herein, and will implement same. Upon execution, the true copy with original
signatures shall be returned to the Project Planner in the Planning and Building
Department. Failure to return a signed copy and stamped copy of this document
within thirty days of recordation to the Planning and Building Department shall
indicate the Applicant's desire that the Project be held in abeyance without approval.
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B. Each Applicant for a building permit shall develop and submit a "Recycling and Solid
Waste Management Plan" to the City's Conservation Coordinator for review and
approval. The synopsis of the plan shall be included in the notes on the Building
Plans. The plan shall demonstrate those steps that the Applicant will take to comply
with the Municipal Code, including but not limited to Sections 8.24 and 8.25, and
meet the State mandate to reduce or divert 50 percent of the waste generated by
commercial, residential and industrial developments. The Applicant shall contract
with the City's franchise hauler throughout the construction and occupancy phase of
the Project. A "Recycling and Solid Waste Management Guide" is available at the
Planning Department counter or through the City Manager's Office at (619)-397-
6360. The Plan shall include a statement of how the Applicant will implement and
participate in the Recycling and Solid Waste Management Plan requirements. The
proposed trash enclosure shall be designed as follows:
RDA Resolution No. 2007-1972
Pag~ 5
I. Two enclosures located and sized as shown on the Site Plan dated 12/01106.
The enclosures shall have capacity to accommodate two recycling/solid waste
containers, and cardboard bales and pallets, to the satisfaction of the
Recycling Coordinator.
2. Architecture/materials to be consistent with design ofthe main structure.
3. Solid roofto divert runoff from trash enclosure is recommended.
4. Smooth concrete access/base designed to drain away from the storm drain.
Planning Division:
C. The following shall be accomplished to the satisfaction of the Director of Planning and
Building prior to issuance of building permits, or as otherwise specified, for this
Project:
I. Pay all applicable fees, including any unpaid balances of permit processing
fees for deposit account DQ-I275.
2. Submit and obtain approval of a Home Depot Site Control Plan from the
Director of Planning and Building, which includes all relevant DRC and CUP
conditions of approval, all relevant Mitigation Measures from the Mitigated
Negative Declaration IS-06-007 Mitigation Monitoring Program, and any
other applicable CVMC requirements as determined by the Director of
Planning and Building. The Plan shall be mounted in plain view at the store
manager's office and loading areas, and other locations as determined by the
Director of Planning and Building.
3. Prior to issuance of the first building permit, or other permit specified in the
Mitigation Measure, the Applicant shall implement to the satisfaction of the
Planning and Building Department and the City Engineering Division the
Ifritigation measures identified in the Home 'Depot Mitigated Negative
Declaration and Mitigation Monitoring <n;1d ReportilW Program (IS-06-007).
4. Submit and obtain approval of a detailed wall and fencing plan, with design,
colors and materials to be determined by the Zoning Administrator, including
the following: (a) Freestanding noise /screening wall along westerly property
line, with minimum height of nine feet, increasing to 15 feet where required
by the noise mitigation measures; (b) Provide an extension of the 15 foot
portion of the noise /screening wall for a distance of 18 feet to the south and 9
feet to the north; (c) Vinyl-coated chain-link fencing for seasonal garden area;
(d) The plan shall be in substantial conformance with the approved Site plan
and noise study, with the exception of the increased noise wall height as
required in (a) and (b) above.
5. Building plans submitted for building permits shall include the following:
RDA Resolution No. 2007-1972
Page 6
a. Ground-mounted equipment including heating, air conditioning, utility
boxes, and backflow valves that will not be constructed in utility
enclosures will be required to be screened with a combination of
landscaping, walls or berms;
b. Obtain approval of sign permit(s) for any proposed monument and wall
signs.
c. Submit revised Site plan to the satisfaction of the Director of Planning and
Building and the City Engineer. The revised Site plan shall be reviewed by
the City's Traffic Consultant prior to approval. The revised Site plan shall
include the following:
I. A re-designed noise /screening wall along the western property as
required by Condition C.4 above, and re-designed parking
necessary to maintain a minimum of 649 spaces on Site.
2. Add the landscape planter area shown on concept landscape plan at
the base of the sound absorption wall along the western property
line.
3. Addition ofa truck-turnaround and elimination of2 parking spaces
in vicinity of the main loading dock.
6. Provide a detailed landscape plan prepared by a California Licensed
Landscape Architect for review and approval with the building permit
submittal, which is in substantial conformance with the Concept Landscape
Plan, and designed per Landscape Manual and CYMe requirements. The plan
shall include the following modifications from the concept plan:
a. Add additional tree-planters, such as diamonds or tree grates, along the
side elevations (north and south) of the building, to break up views of
the side elevation and provide shade in the parking lot. These tree
planting areas shall be located every fifth parking space between the
parking spaces and the walkway.
b. Use shrub types that will grow 8-10 feet high in place of low growing
shrubs, adjacent to the 15 -ft. high sound wall, in the landscape buffer
along the western property line.
c. Replace Star Jasmine on slope areas with a shrub species that will
provide improved erosion control, longevity, and maintenance.
d. Provide vine screening on both sides of sound wall.
RDA Resolution No. 2007-1972
Page 7
e. Replace canopy-type specimen trees with columnar-type speCImen
trees in the landscape buffer along the western property line.
Building Division
D. The following shall be accomplished to the satisfaction of the City Building Official:
Submit building plans and required fees per the following Building Division
requirements:
1. Building permits are required per 2001 Ca. Building Code (CBC), Ca.
Mechanical Code, Ca. Plumbing Code, and 2001 Ca. Handicapped
Accessibility requirements, 2004 Ca. Electrical Code, and 2005 Ca. Energy
Code. See Table 5A (CBC) regarding location on property and Table 5B
(CBC) regarding area limits.
2. A Demolition Permit is required with Hazardous Materials approval prior to
issuance ofthe Demolition permit for both buildings.
3. Compliance with Seismic Zone 4, Wind speed 70 mph, and Exposure C
standards required.
4. Structural Calculations from a licensed Civil Engineer or Architect are
required.
Police and Fire
E. The following shall be accomplished to the satisfaction of the Police Department or
Fire Marshall as specified below:
1. A composite lighting plan and elevations shall be approved to the satisfaction
of the Chula Vista Police Department (CVPD) prior to issuance of the
building permit. Lighting shall be shielded to minimize spillover onto adjacent
properties.
2. Prior to final inspection, develop a crime prevention program to the
satisfaction of CVPD, which may include the following:
a. Proper utilization of security hardware, access alarms, lighting and
landscaping to reduce criminal activity and to heighten crime
prevention awareness through the concept of defensible space and
design;
b. Participate in a proactive business merchant program that includes
proper lighting, monitored parking lot cameras, and a security bicycle
patrol;
RDA Resolution No. 2007-1972
Page 8
c. Participate in trammg regarding emergency and police reporting
procedures. Scheduling of this training is recommended to coincide
with the beginning of regular business operations.
3. Prior to the delivery of combustible materials to the Site, comply with the
requirements of the City Fire Marshall, including but not limited to the
following requirements:
a. Provide a technical report from an approved consultant in accordance
with 2001 Fire Code.
b. Submit fire flow information from the Sweetwater Authority District
indicating required fire flow of 4,000 gallons per minute for 4 hours,
per Ca. Fire Code.
c. Provide Fire Hydrants to Chula Vista Fire Department (CVFD)
standards. Hydrants to be spaced every 300 feet of travel distance with
no less than 4 hydrants for this Site.
d. A blue reflective marker shall identify each fire hydrant, fire
department connection (FDC) and post-indicating valve (PIV).
e. Fire department connections (FDC) and post indicating valve (PIV)
shall be designed to CVFD standards.
f. Underground fire service shall be installed per Sweetwater Authority
and CVFD Standards, including a Site plan with underground fire
utilities and a completed pipe certification.
g. Swing check valves shall comply with CVFD standards.
h. Provide a fire sprinkler riser room to house up to 4 risers per CVFD
standards.
1. Provide fire sprinklers per CVFD standards.
J. Provide fire alarms for fire flow per CVFD standards, including a
central station monitoring facility for sprinkler and partial alarm
system, and interior fire alarm notification device at main entry.
k. Submit plans to CVFD for interior fire alarm notification device.
1. Provide a single manual pull station at the main entrance and riser
room.
RDA Resolution No. 2007-1972
Page 9
m. Provide duct detection for air handling system in excess of 2,000 cfm,
including fire dampers, and a test switch with LED.
n. Submit a letter acknowledging compliance with CVFD policy 2916.01
for access, turnarounds, and water supply for new construction.
o. Comply with CVFD policy for fire lanes.
p. Provide a visible street address (min. 18 inches) to be seen from main
access roads - Third Ave. and Moss Street.
q. Provide minimum rated fire extinguishers (2A-IOBC) per each 75 feet
of travel distance.
r. Provide a Knox box for CVFD access at the main entrance and riser
room.
s. Provide a hazardous materials storage plan.
Engineering and Public Works Department:
F. The following shall be accomplished to the satisfaction of the City Engineer, prior to
approval of grading or improvement plans (whichever occurs first):
I. The following fees will be required based on the final building plans
submitted:
a. Sewer Connection and Capacities fees
b. Development Impact Fees
c. Traffic Signal Fees
2. The Applicant shall obtain a construction permit from the Engineering
Department to perform any work in the City's right-of-way including:
a. Sewer lateral and storm drain connections to existing public utilities.
The Public Works Operations Section will need to inspect any existing
sewer laterals and connections that are to be used by the new
development. Laterals and connections may need replacement as a
result of this inspection.
b. Sewer manholes per SDRSD S-2 are required.
c. Removal and replacement of broken curb, gutter, and sidewalk along
the proposed Project's frontage.
RDA Resolution No. 2007-1972
Page 10
d. Removal of existing driveways and replacing with curb, gutter and
sidewalk.
e. Construction of proposed driveways per City Standard CVCS-IA.
f. Construction of new curb ramps per the latest City of Chula Vista
standards and American Disability Act (ADA) requirements.
3. Grading plans, in conformance with the City's Subdivision Manual, and a
grading permit will be required prior to issuance of any building permits.
4. A drainage study and geotechnical/soils study are required with the first
submittal of grading plans. Design should incorporate detention of storm
water runoff as needed.
5. A lot consolidation or adjustment plat will be required for this Project.
6. Applicant shall obtain approval from the Fire Department and/or Waste
Management Department for proper turn around requirements.
7. Plans submitted refer to existing public storm drain facilities on private
property without any easements. If these lines are to remain and are public,
easements will be required.
8. All existing and proposed onsite storm drain pipes and storm water treatment
unit to be private and privately maintained with the exception of the existing
24" RCP pipes beginning on western edge of Third Avenue and connecting
the proposed storm water treatment unit, which will be public.
9. Existing 24" RCP storm drain pipes, including the pipe running underneath
the existing restaurant, to be video taped and to be checked for any cracks and
damages during the construction.
10. All existing and proposed onsite sewer pipes and laterals to be private and
privately maintained.
II. A maintenance access right shall be issued to the City for the maintenance of
the 24" RCP public storm drain pipes mentioned above.
12. The storm water treatment pad shall be 6" thick re-enforced concrete with #4
rebar at 18" on center.
13. Grading Plans shall specifY the type of the proposed storm water treatment
unit.
RDA Resolution No. 2007-1972
Page II
14. Design and construct a bus stop facility, including a bench, shelter, and trash
receptacle. The design, location and specifications shall be to the satisfaction
of the Transit Coordinator and Director of Planning and Building.
G. Water service from the Sweetwater Authority can be obtained upon submittal of Fire
flow information, Site plan, street improvement plan, irrigation plan, plumbing plan
showing total fixture-unit count, fire sprinkler plans and calculations, approved by the
Chula Vista Fire Department. Based on these plans the agency will determine if there
is need for a new water systems or substantial alteration of the existing water system.
If the owner provides the requested information and enters into an agreement for
water facility improvements with the Authority, water service can be obtained at
pressure ranging from 54 to 64 psi. New water service will require installation of
backflow prevention assemblies, including double check detector backflow assembly
for any new fire protection systems. Please refer to the Sweetwater Authority letter
dated November 27, 2005.
H. The Applicant is required to implement Best Management Practices (BMPs) to
prevent pollution of the storm water conveyance systems, both during and after
construction. Permanent storm water requirements shall be incorporated into the
Project design, and shall be shown on the plans. Any construction and non-structural
BMPs requirements that cannot be shown graphically must be either noted or stapled
on the plans. Operate in compliance with the Conditional Use Permit PCC-06-025,
Approved Mitigated Negative Declaration IS-06-007 Mitigation Monitoring Program,
the Performance Standards, CVMC Chapters 19.66 and Performance Standards and
Noise Control, Chapter 19.68, including the Site Control Plan.
1. Comply with all applicable requirements of the approved Site Control Plan. A copy of
the Site Control Plan shall be posted in the Store Manager' office, each loading area,
and each public entrance to the building.
J. Operate in compliance with Mitigated Negative Declaration IS-06-007 Mitigation
Monitoring Program, the Performance Standards, CVMC Chapters 19.66 and
Performance Standards and Noise Control, Chapter 19.68, including the Site Control
Plan.
K. Prior to operation of the Seasonal Garden Area or the Outside Sales and Display
areas, comply with following requirements:
I. Install seasonal garden area improvements as shown on Site plan and fencing
plans, including temporary (removable) fencing, a crosswalk, and stop signs.
2. Comply with Outside Sales and Display requirements of the Central
Commercial Zone.
RDA Resolution No. 2007-1972
Page 12
1. This Design Review Permit shall become void and ineffective if not utilized within
one year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code.
V. Findings Necessary for the Conditional Use Permit
A. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
Approval of the Project will allow the Home Depot to provide more diverse
commercial services, including outside sales and display of merchandise that will
help the business to succeed. Outdoor sales and display is essential for some larger
products, which are not practical to display indoors. It is also helpful for the sales and
display of certain products that enables more efficient use of interior floor space.
Display of some products, such as plants and shrubs, benefit from being outdoors,
while at the same time enhancing the appearance of the Site. The Project will include
attractive architectural features, landscaping and fencing that will improve and
enhance the appearance of the store and image of the neighborhood. The location of
the outside sales and display areas at the store entries are convenient and desirable for
both the Applicant and their customers.
B. 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 building has been designed to accommodate outside sales and display areas in a
cohesive manner, so as not to interfere with vehicle or pedestrian traffic to and from
the store. The outside sales and display areas will be visually enhanced by
architectural features and softened by landscaping so that they will be aesthetically
attractive. The types of materials displayed do not constitute a health or safety hazard
to the public.
C. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The proposed Outside Sales and Display of Merchandise is consistent with the
requirements of the Central Commercial Zone, and the Outside Sales and Display
regulations (CVMC Section 19.58.370), which specifies the types of merchandise
permitted and prohibited from outside sales and display, and permits the display and
sales of items that are determined by the Planning Commission to be of the same
general character as the permitted items. In addition, the CUP conditions of approval
require the operation to be in continuing compliance with all applicable city codes
and regulations.
RDA Resolution No. 2007-1972
Page 13
D. That the granting of this Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The City General Plan land use designation for the Site is Commercial Retail. The
proposed CUP permits Outside Sales and Display of Merchandise, which is consistent
with the Commercial Retail General Plan land use designation, and therefore will not
adversely affect the implementation of the General Plan.
VI. The Redevelopment Agency of the City of Chula Vista grants Conditional Use Permit
PCC-06-025 subject to the following conditions required to be satisfied by the Applicant
and/or property owner(s):
PLANNING & BUILDING DEPARTMENT
The following conditions shall be incorporated into the plan by the Applicant prior to
issuance of building permits for this Project:
I. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable
fees, including any unpaid balances of permit processing fees for deposit account DQ-
1275.
2. Use and reliance of this CUP is contingent upon approval of DRC-06-033 and
satisfaction of DRC conditions of approval applicable to the outside sales and display
area.
3. Obtain approval of a revised Site plan showing deletion of bulk lumber from the
notations on the plans, to the satisfaction of the Director of Planning and Building.
Upon certification by the Director of Planning and Building for occupancy or establishment
of use allowed by this CUP, the following conditions shall apply:
4. The conditions in this CUP shall be applied to the subject property until such time that
the CUP is modified or revoked.
5. Applicant shall obtain a final inspection from the Planning and Building Department, and
operate in compliance with the following requirements, ensuring that the Outside Sales
and Display Merchandise operates in compliance with the parameters of the use outlined
in the application, CVMC Section 19.58.370.A.I, and this Resolution, including the
following:
a. Merchandise permitted for outdoor display is limited to building material display,
outdoor equipment, outdoor furniture and storage units, and live goods and
landscape supplies items only, as specified on the approved plans. This
merchandise is expressly permitted by the Redevelopment Agency. Any proposed
change in the type of merchandise to be displayed requires approval of a
modification to the CUP, by the Redevelopment Agency or Zoning Administrator.
RDA Resolution No. 2007-1972
Page 14
b. Outdoor sales and display of household furniture, household appliances, dry
goods, soil additives, clothing, play equipment, tires, and used goods are not
permitted, per CVMC 19.58.370.A.3.
c. The bulk storage of products, including lumber, is prohibited in areas set aside for
Outside Sales and Display of Merchandise. These areas shall be limited to
displays shown on the approved plans, and display of samples oflumber.
d. Outside Sales and Display area locations shall be limited to those areas specified
on the Site plan and delineated by enhanced paving.
e. Outdoor Sales and Display areas shall not obstruct fire lanes, driveways, or
pedestrian access.
f. Model storage buildings and displays related to patios or room additions shall not
be located immediately adjacent to the main entrance of the building. If these
types of displays are visible from Third Avenue or Moss Street, they shall be
partially screened or softened by architectural features, landscaping, or other
means, to the satisfaction ofthe Zoning Administrator.
g. No outside sales or display shall be of such size or quantity as to alter the
architectural appearance of the building.
6. This CUP authorizes only the use specified in the application for PCC-06-025. Any new
use, modification/expansion of use, or activities not authorized under this CUP shall be
subject to the review and approval of the Redevelopment Agency. Any deviation from
the above noted conditions of approval shall require the approval of a modified CUP.
7. This CUP shall be subject to any and all new, modified or deleted conditions imposed
after approval of this CUP to advance a legitimate governmental interest related to health,
safety or welfare which the City shall impose after advance written notice to the
Applicant and after the City has given to the Applicant the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose a
substantial eXRense or deprive Applicant of a substantial revenue ,source which the
Applicant cannot, 'in the normal operation of the use permitted, be expected to
economically recover.
8. This CUP shall become void and ineffective if not utilized within one year from the
effective date thereof, in accordance with Section 19.14.260 of the Municipal Code.
Failure to comply with any conditions of approval shall cause this CUP to be reviewed by
the City for additional conditions or revocation.
The Applicant/owner shall and does agree to indemnify, protect, defend and hold
harmless the Redevelopment Agency and the City, their members, officers, employees
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees (collectively, liabilities)
incurred by the Redevelopment Agency or the City arising, directly or indirectly, from (a)
RDA Resolution No. 2007-1972
Page 15
The Redevelopment Agency's approval and issuance of this CUP, (b) The
Redevelopment Agency's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
Applicant! owner shall acknowledge their agreement to this provision by executing a
copy of this CUP where indicated below. Applicant's/owner's compliance with this
provision is an express condition of this Conditional Use Permit and this provision shall
be binding on any and all of Applicant' s/ owner's successors and assigns.
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that
the 90-day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and failure
to follow timely this procedure will bar any subsequent legal action to attack, review, set
aside, void or annul imposition. The right to protest the fees, dedications, reservations, or
other exactions does not apply to planning, zoning, grading, or other similar application
processing fees in connection with this Project; and it does not apply to any fees,
dedication, reservations, or other exactions which have been given notice similar to this,
nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired.
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 in the Conditional Use
Permit. Upon execution, this document shall be recorded with the County Clerk of the
County of San Diego, at the sole expense of the property owner and/or Applicant, and a
signed, stamped copy of this recorded document shall be returned within ten days of
recordation to the Planning and Building Department secretary.
Failure to return this document to the Planning and Building Department secretary shall
indicate the Property owners/Applicant's desire that the Project, and the corresponding
application for building permits and/or a business license, be held in abeyance without
appro'yal. Jll. ~./U>(f ('1^'\"'1f::.r.J~, p."...
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If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if 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 all future building permits, deny, revoke, or further condition all certificates
of occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek damages for
their violation. Failure to satisfY the conditions of this Conditional Use Permit may also
result in the imposition of civil or criminal penalties.
RDA Resolution No. 2007-1972
Page 16
VII. 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, provision, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution and the Conditional Use Permit shall be deemed to be automatically
revoked and of no further force and effect.
Presented by
Approved as to form by
J es D. Sandoval
lanning and Building Director
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Ann Moore
General Counsel
PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of
Chula Vista, California, this 24th day of April, 2007, by the following vote:
AYES:
Agency Members: Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Agency Members: None
ABSENT:
Agency Members: None
Cheryl ~~tn
A1TIST~ /)k
Ann Hix, Secretary
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Ann Hix, Secretary of the Chula Vista Redevelopment Agency, do hereby certifY that the
foregoing RDA Resolution No. 2007-1972 was duly passed, approved, and adopted by the
Redevelopment Agency at a regular meeting held on the 24th day of April 2007.
Executed this 24th day of April 2007.
~1~
Ann Hix, Secretary
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
. LOCATOR PROJECT Home Depot PROJECT DESCRIPTION:
C) APPLICANT: Miscellaneous
PROJECT 1030 Third Av Proposal replacement of currently existing 118,660 sq.fl. K Mart
ADDRESS: and 10,606 sq.fl. Restaurant with 97,396 sq.fl. Home Depot
SCALE: FILE NUMBER; retail building and 31,647 sq.ft. Garden center.
NORTH No Scale PCC-06-025 Related cases: DRC-06-o33, Is-os-o07