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HomeMy WebLinkAboutReso 1977-8583RESOLUTION NO. 8583 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PRECISE PLAN FOR CONSTRUCTION OF DER WEINERSCHNITZEL RESTAURANT AT 282 PALOMAR STREET IN THE C-C-P ZONE, AND CERTIFYING THE NEGATIVE DECLARATION The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has heretofore received the recommendation of the Planning Commission, as contained in Resolution No. PCM-77-10, adopted on the 23rd day of March, 1977 setting forth the precise plan for the construction of a drive-in restaurant (der Weinerschnitzel) at 282 Palomar Street in the C-C-P zone, and WHEREAS, the City Council of the City of Chula Vista has heretofore held a public hearing to consider said precise plan on April 19, 1977, and has taken testimony and heard evidence thereon, and WHEREAS, a notice of the proposed negative declaration on said precise plan was given in accordance with the Environmental Review Policy, and WHEREAS, the Environmental Review Committee found that said precise plan would have no possible significant impact on the environment and forwarded the attached Negative Declaration, IS-77-15, to the City Council of the City of Chula Vista for their consideration, and WHEREAS, said Negative Declaration has been available to agencies having jurisdiction by law, all responsible agencies, and to the public for an adequate period of time for their review and comment, and WHEREAS, the information contained in said negative declar- ation has been considered by the City Council of the City of Chula Vista prior to its action on the discretionary item before the City Council. NOW, THEREFORE, the City Council of the City of Chula Vista finds as follows 1. That the City Council of the City of Chula Vista adopts as its record of this finding of no possible significant impact the Council agenda statement on this agenda item and all of the attach- ments thereto. 2. That the City Council of the City of Chula Vista finds in accordance with the recommendation of the Environmental Review Committee and the attached Negative Declaration that said precise plan will not have any possible significant impact on the environment, and the attached Negative Declaration, incorporated herein by refer- ence as if set forth fully, has been prepared in accordance with the California Environmental Quality Act of 1970, as amended. 3. That the Environmental Review Coordinator is hereby authorized and directed to file said Negative Declaration with the County Clerk of the County of San Diego subsequent to the prepara- tion of a notice of determination on this project. - 1 - NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the precise plan for the construction of a drive-in restaurant (der Weinerschnitzel) at 282 Palomar Street in the C-C-P zone as contained in Resolution No. PCM-77-10 of the Chula Vista Planning Commission. Presented by Approved as to form by ___~ D. J. Pet r , erector of eorge Lindberg, City Attgx; Planning C/ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 19th day of April , 197 ~ , by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Egdahl, Hobel NAYE5: Councilmen None ABSENT: Councilmen None VACANCY: Council Seat #3 ~/~~~ Mayor of the City of~hula Vista ATTEST City Cler STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, Ca i ornia, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk - 2 - z "~', .' ~a The Environmental Review Committee of the City of Chula Vista has recommended that the: Planning Commission and City Council find that the project noted below will not result in any significant environmental impact. The project is described as follows: The demolition of the existing commercial building and the construction of a der Wienerschnitzel fast food restaurant with a drive thru window and seating for 56 customers. Project Location: 282 Palomar Ave. Project Proponent: James McGraw 654 India St. Dock 'd' SD 92101 The finding that the project will not have a significant effect on the environment is based on the following reasons: 1. There are no significant natural resources known to exist on site and the only hazard is the presence of moderately to highly expansive soils which are treatable. 2. The proposed der Wienerschnitzel project is consistent with the General Plan and associated elements and will not achieve short-term to the disadvantage of long term environ- mental goals. 3. There are no potential impacta anticipated which could interact to create a substantial cumulative adverse effect on the environment. 4. The project will not cause the emission of any harmful substance or noise which could be detrimental to human beings. Occupancy of the structure will not be permitted until adequate downstream facilities are available. Mitigation measures included as part of the project to avoid significant impact: none anticipated The Initial Study Application & Evaluation forms documenting.the find' g of no significant impact, are attached. E iron ., ta~Review Coordinator CASE NO. IS-77-15 DATE: March 10, 1977 EN 3 {rev. 2-4-77) 'td ~ March 8, 1977' T0: Members of the Environmental Review Committee FROM: Douglas D. Reid, Environmental Review Coordinator SUBJECT: IS-77-15 der Wienerschnitzel A. Background The project involves the construction of a fast food restaurant within an urbanized area of Chula Vista. TY,e approval of a precise plan will be required prior to project implementation and a delay in the issuance of an occupancy permit is anticipated since the subject site is located within an area where a sewer mo~itorium has been imposed.. B. Recommendation ~' Adopt this staff report and evaluation form and recommend that the Planning Commission and City Council find that the project will not result in any substantial adverse effect on the environment in accordance with the attached Negative Declaration and the findings therein. C. Project Setting The project site is located at 282 Palomar 5t. between Second and Third Aves. The site is currently occupied by a vacant commercial building which previously housed a florist shop, beauty salon and commercial office. The property has been urbanized for many years and is void of any significant vegetation or wildlife. The only potential natural hazard in the vicinity is moderate to highly expansive soils according to the soils report prepared for IS-75-58, a previous proposal for the subject site. The general area of the project is primarily developed with commercial uses with the exception of three single family dwellings to the north of the project and an older single family structure adjacent to the west. '~; D. Project Description The project entails the demolition of the existing commercial building and construction of a der Wienerschnitzle fast food restaurant with a drive thru window and indoor seating capacity for 56 customers. Parking facilities will be located to~the east and north of the structure and will provide 28 spaces. About 300 of the site will be landscaped including extensive use of mounding along the Palomar St. frontage. Hours of operation are expected to be from 10:00 a.m. to 12 Midnight daily and approximately 500 customers/day are anticipated to patronize the new establishment. E. Analysis Traff~ c No information regarding potential impacts on existing and future traffic flows is available at this time. Sewage Capacit The project is located within the boundaries of the Quintard sewer moritorium area. No occupancy permits willl~e issued in this area until a joint expansion of~sewer capacity by the City of Chula Vista .and the County of San Diego is completed. A completion date of the expansion is not available at this time. No substantial increase in sewage flows are anticipated after hook-up is allcwed; however, therefore no impact is expected. F. Findings 1. There are no significant natural resources known to exist on site and the only hazard is the presence of moderately to highly expansive soils which are treatable. 2. The proposed der Wienerschnitzel project is consistent with the General Plan and associated elements and will not achieve short-term to the disadvantage of long term environ- mental goals. 3. There are no potential impactor anticipated which could interact to create a substantial cumulative adverse effect on the environment. 4. The project will not cause the emission of any harmful substance or noise which could be detrimental to human beings. Occupancy of ttze structure twill not be permitted until adequate downstream facilities are available.