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HomeMy WebLinkAboutCVRC Reso 2008-007 CVRC RESOLUTION NO. 2008-007 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION DENYING CONDITIONAL USE PERMIT (PCC- 08-020), TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315 THIRD AVENUE IN THE CITY OF CHULA VISTA WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Attachment 2 attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1315 Third Avenue, Chula Vista; and WHEREAS, on March 27, 2008, a duly verified application for a Conditional Use Permit (PCC-08-020) was filed with the City of Chula Vista on behalf of Tomar Pacific, Incorporated (Applicant) to operate a recycling buy back center consisting of two 8' x 20' roll-off containers and a small building fayade used to collect recyclable items that qualify for CRV (California Redemption Value) at the north parking lot of the Save-a-Lot store, located at 1315 Third Avenue (Project); and WHEREAS, the Project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and based on this review the Environmental Review Coordinator determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303 (new construction or conversion of small structures) of the State CEQA Guidelines. Thus no further environmental review is necessary; and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation (CVRC) for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said application at the time and place as advertised, namely November 13, 2008 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and said hearing was thereafter closed; and NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby find, determine, and resolve as follows: The Project and Conditional Use Permit (PCC-08-020) are denied based on the following finding of facts in accordance with Chula Vista Municipal Code Section 19.14.080: 1. That the proposed use at this location is not necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. CVRC Resolution 2008-007 Page 2 The Project is undesirable in the area because many residents adjacent to, and within the vicinity of the recycling center have raised concerns about the transients who loiter around the center bringing and leaving shopping carts, trespassing, rummaging through trash receptacles, and stealing recyclable items from private property. Residents have called the Police Department several times to the area because the evidence indicates that these incidences are associated with the recycling center. The applicant searched for other potential locations in other commercial and industrial areas away from residential areas, but storeowners and landlords would not consider siting the recycling center on their property. Based on this, the Project would negatively contribute to the general well being of the community. 2. That such use will, 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 Project will be a detriment to the residents in the area because of the continual negative activities associated with the recycling center including offensive odors from trash and transients urinating and defecating against the wall adjacent to the apartments; unreasonable noise from glass smashing and crushing; fighting and yelling among transients; trash dumped on residential property; transients leaving shopping carts along the curb in front of the adjacent apartments; transients trespassing on residential property in search of recyclable items; and security concerns. 3. That the proposed use will comply with the regulations specified in the code for such use. The Project and its location, complies with the applicable regulations and standards specified in the Municipal Code for recycling center use. Although the use complies with all City zoning and building regulations, this is a discretionary action, and as part of the discretionary review, aspects of the Project must be considered including potential impacts to the health, safety and well being of persons living and working in the vicinity. As stated in Findings I and 2, the Project is a detriment to the surrounding community therefore, the Project should be denied. 4. That denial of this Conditional Use Permit will not adversely affect the General Plan of the City and the Urban Core Specific Plan. Although the Project conforms to the City of Chula Vista General Plan and Zoning Ordinance, the Project conflicts with General Plan Land Use and Transportations Element (LUT) Objective 35, "Revitalize and protect existing stable residential neighborhoods in the Southwest Planning Area from adverse land use impacts" and LUT Policy 35.4 "Focus on historic preservation; safety and security; and code enforcement efforts within older neighborhoods in the Southwest Planning Area." The Project impacts Objective 35 because the residents are subjected to various actions and activities, stated in Finding 2, by transients who frequent the recycling center and the surrounding area. The Project impacts Policy 35.4 because there have been many calls for service for Chula Vista Police response by residents to investigate disturbances in the Project vicinity. The Project also impacts Policy 35.4 because Code Enforcement efforts within older neighborhoods within the Southwest Planning Area are being impacted by continuing attempts to bring the Project into compliance. CVRC Resolution 2008-007 Page 3 Presented by Approved as to form by gLH Eric Crockett Redevelopment and Housing Assistant Director ~~art Miesfel Interim Gener PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 11th day of December, 2008 by the following vote: AYES: Directors: Desrochers, Reyes, Salas, and Lewis NAYS: Directors: None ABSENT: Directors: Munoz, Paul, Rooney ABSTAIN: Directors: None ATTEST: /'~! . 1 ( VJ~u!:i!1! ~~, JA dristop , r H. Lewij' hair ' STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) r.0IJLA V/ v oOoOOOo'kio <5' ,.. " o~ ",t? CV OOT ::0 l RC 0 m 0 '" ~ 'i, 06/15/200518 ~ ~"o -S? <'0,0 0<>0000000 ~~ IttI:'Nr CO?-<{O e/~ Eric C. Crockett, Secretary I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certifY that the foregoing CVRC Resolution No. 2008-007 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular meeting of the Chula Vista Redevelopment Corporation held on the II th day of December 2008. Executed this II th day of December 2008. g~ Eric C. Crockett, Secretary '\ \ CYRC Resolution 2008-007 ,Page 4 \ \ l-\ \ CHULA VISTA PLAN N I NG AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPT10N: C) APPLICANT: Tomra Pacific, Inc. MISCELLANEOUS PROJECT 1315 Third Ave Project Summary: Proposing a Recycling buy back canter. ADDRESS: SCALE: FILE NUMBER: NORTH No Scale PCC-08-020 Related cases: NOlie L:\Gabe Files\Jocatars\PCC08020.cdr 04.03.08 - - --. - - -------- ..