HomeMy WebLinkAboutAgenda Statement 1977/05/24 Item 09CITY OF CHULA VISTA ~~ ITfM N0. 9
COUNCIL AGENDA STATEMENT 5/24/77
` '~ FOR MEETING OF:
ITEM TITLE: Resolution 8634 Exempting With Conditions 282 Palomar Street
from the Castle Park Occupancy Permit Moratorium
SUBMITTED BY~ Director of Public Works/City Engineer
ITEM EXPLANATION
By letter dated April 29, 1977, Mr. Paul Thomas requested that 282 Palomar
Street, site of the future der Wienerschnitzel, be granted exemption
from the moratorium on occupancy permits in the Castle Park area. By
Resolution No. 8583, Council approved the precise plan for this develop-
ment on April 19, 1977. They were informed in the resolution of approval
that the Castle Park moratorium would be applicable to them.
The attached report discusses in detail the items in the letter from
Mr. Thomas and proposes a solution whereby the development can proceed
with a connection to the sewer system. This connection would require
the construction of special facilities by der Wienerschnitzel so that
the sewer discharges to the main line would only occur during the early
morning hours of 1 a.m. to 5 a.m., thus the peak surcharging conditions
which occur in the sewer during the latter part of the day would not be
impacted.
Mr. Thomas has been contacted concerning the staff recommendation on
this item and he indicates that the suggested solution is satisfactory.
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Agreement Resolution X Ordinance Plat Other X
Report &
Environmental Document: Attached Submitted on Letter
STAFF RECOMMENDATION:
Approve the resolution exempting 282 Palomar Street from the occupancy
permit moratorium provided they comply with certain conditions.
BOARD/ COMMISSION RECOMMENDATION
A P P R O V E D
by the
COUNCIL ACTION ~ w ~y C oG~unc it
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Form A-113 (Rev. 5 - 75)
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THOMAS-FLETCHER-NICOL COMPANY
April 29, 1977
Mr. Bill Robens
Director of Public Works
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Dear Mr. Robens:
The City of Chula Vista, by their Resolution #8583, approved, on
April 19, 1877, a Precise Plan for constructton of a der Wienerschnitzel
restaurant on property located at 282 Palomar Street in the City of
Chula Vista. A copy of that resolution is enclosed.
There are a number of commercial stores located on the subject property
which shall be demolished. These stores were serviced by a septic
system, although there is sewer in Palomar Street. The property is
located within the boundaries of the Quintard Sewer District and
currently is under moratorium. By virtue of the Precise Plan's terms,
which has just been granted us, we are precluded from obtaining necessary
occupancy permits for our restaurant during the moratorium period.
We feel the following facts support a request for relief from the current
moratorium:
1. 4Je are located in an area of commercial development with
most, if not all, of our neighbors currently hooked into the sewer.
2. The size and impact of our development is insignificant as to
discharge. Mr. Douglas D. P.eid, Environmental Review Coordinator for the
City of Chula Vista, stated May 8, 1977, in Paragraph "E" of our Negative
Declaration, that "No substantial increase in sewage flows are anticipated
after hook-up is allowed."
3. We are striving diligently to meet a building construction dead-
line and cannot commence construction (by the terms of our lease agree-
ment with der Wienerschnitzel), or record our construction loan, until we
can assure our tenant and lender that once constructed, occupancy can take
place.
Fifth Avenue Financial Center, 2550 Fifth Avenue, Suite 135, San Diego, California 92103 (714) 232-7911
,M r. B~11 Robens
Apri 1 '29, 1977
Page Two
4. Should we lose our tenant or not be able to fund our loan
due to the existing terms of the moratorium, we will experience a grave
economic hardship. We must be able to assure our tenant and lender that
they will be permitted occupancy once construction is complete. Construction
is contemplated to be finished on or about September 15, 1977.
For the above reasons, we respectfully request that our property and this
specific project, because of its small size, limited impact, and the
potentially grave economic loss, be granted an exemption from the existing
moratorium and be permitted to connect necessary sewer needed for
occupancy once built.
Very truly yours,
aul M. Tho Jr.
PMT:ph