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HomeMy WebLinkAboutReso 2000-389 RESOLUTION NO. 2000-389 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC 00-57, TO ALLOW CONVERSION OF A RESIDENTIAL DWELLING TO A RESIDENTIAL CARE FACILITY (FRIENDSHIP BOARD AND CARE) AT 247 FOURTH AVENUE A. RECITALS 1. Project Site WHEREAS, the parcel 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 247-249 Fourth Avenue ("Project Site"); and 2. Project Applicant WHEREAS, on April 27, 2000, a duly verified application for a conditional use permit (PCC 00-57) was filed with the City of Chula Vista Planning Department by Glen Coming ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests permission to convert a duplex residential dwelling into a five-bedroom ambulatory residential care facility for seniors on the project site; and 4. Planning Commission Record of Application WHEREAS, the Planning Conunission held an advertised public heating on the project on September 13, 2000, and voted 7 - 0 recommending that the City Council approve the project in accordance with Resolution PCC 00-57; and 5. City Council Record of Application WHEREAS, a duly called and noticed public heating on the project was held before the City Council of the City of Chula Vista on October 24, 2000; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD - The proceedings and all evidence on the project introduced before the Planning Counnission at their public hearing on this project held on September 13, 2000 and the Resolution 2000-389 Page 2 ( , minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Resoume Conservation Comn~ission determined that the Initial Study was adequate and recommended adoption of the Negative Declaration on July 17, 2000. The Planning Commission adopted the attached Resolution PCC 00-57 recommending that the City Council adopt the Negative Declaration on September 13, 2000. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Resource Conservation Commission and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. ~ '. 1. 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. The facility will provide the neighborhood or community with an alternative care housing opportunity for seniors whose ability to be independent does not yet warrant full-time nursing home care. It is a desirable alternative since it will provide a safe environment in a home-like setting with assistance for various activities of daily living. This is a desirable location due to its close proximity to other senior services, a pedestrian-oriented downtown, medical facilities, public transportation, parks and recreational services. It provides the neighborhood or community with elderly housing that allows for the aging to live in a dignified manner. Family members also prefer this housing option in lieu of crowded nursing homes. Three seniors will have their own private rooms and two will share a room and be able to bring personal affects and items from their homes. 2. 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. A care facility for five ambulatory seniors who need minimal assistance with daily activities will not harm or be detrimental to the health, safety, or general welfare of the persons residing or working in the vicinity. This is not a nursing - Resolution 2000-389 Page 3 home and there will be no medical treatments or physical therapy conducted in the facility. Since the facility will essentially function as a home, the minor improvements necessary will not be injurious to the property or improvements in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The use of the property as a board and care facility will comply with all local regulations required by the Municipal Code and any conditions of approval for as required by the entitlement permits needed for such a use. In addition, the Planning Commission and City Council must approve this conditional use permit prior to occupancy, due to its location within a Commercial Office (CO) Zone, although the surrounding uses remain residential in character. 4. 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 proposed use for alternative housing for seniors will not adversely affect the General Plan of the City or the adopted plan of any government agency. The subject property has housed various community service uses for the past twenty _ years without any adverse affects to the General Plan. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC 00-57 subject to the following conditions whereby the applicant and/or property owners shall: 1. Construct the project as shown on plans, elevations, and other exhibits submitted for review at the City Council public hearing on October 24, 2000. Provide general repair, upgrade, and painting to the exterior elevations, including the doors, windows, fascia, elevated wood deck, and railings as indicated on the approved plans prior to the issuance of building permits. 2. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance, with the exception of the previously approved handicap ramp. 3. Obtain all necessary permits from the Chula Vista Building Division. A building permit is required to change from an R3 to R2 occupancy. Compliance with 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1996 National Electrical Code is required. Fire separation at the property lines and fire rating of external walls shall also be required as approved by the Fire Marshall. 4. Comply with all requirements of the Chula Vista Fire Departnaent. Additional review will be required at the time of building permit approval. Two exits are Resolution 2000-389 Page 4 required from the facility, and corridors are required to be a minimum 3-ft. in width. All doors must be a minimum 20-minute fire rated. Changes in floor levels greater than ½ inch shall be accomplished by means of a ramp. Smoke detectors shall be required in every sleeping area and in the hallway. Provide one 2A10BC fire extinguisher every 3,000-sq. ft. One manual pull station shall be provided at a location approved by the Fire Department. 5. Comply with all requirements of the Chula Vista Engineering Department. Additional review will be required at the time of building permit approval. Sewer capacity and traffic signal impact fees may be required. A construction permit for work in the City's fight-of-way will be required for the construction of a driveway approach per Chula Vista construction standards CVCS-1. 6. The owner must submit a letter to the Sweetwater Authority from the Chula Vista Fire Department stating the fire flow requirements for water prior to the certificate of occupancy. The Sweetwater Authority will determine if there is a need for new water systems or substantial alteration to the existing water system and the owner must comply with any such determination. 7. The Sweetwater Union High School District and Chula Vista Elementary School Districts will require fees based on any additional square footage of residential floor area, to be assessed at the time of building permit issuance. Said fees shall be paid prior to issuance of building permit. 8. This conditional use 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. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 9. This conditional use permit shall limit the use of the facility to five (5) ambulatory seniors and one resident caregiver. Any changes or modifications will require a reapplication for conditional use permit review. 10. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to 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. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incun'ed by the City arising, directly or indirectly, from (a) City's I "' Resolution 2000-389 Page 5 approval and issuance of this conditional use 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. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator'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/operator's successors and assigns. G. ADDITIONAL TERM OF GRANT This permit shall expire ten years after the date of its approval by the City Council. After the first five years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant. H. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the Cotmty Clerk. I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council 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 any one 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 by Robert A. Leiter Planning & Building Director City Attorney Resolution 2000-389 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 24th day of October, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Susan Bigelow, City ~erl~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-389 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of October, 2000. Executed this 24th day of October, 2000. Susan Bigelow, City Cle~ [] , R2000-389 ,m, Li ATli N ' FRIENDSHIP PARK POLICE STATION CIVIC CENTER LIBRARY PARK pLAZA CIVIC CENTER TELECENTER MEMORIAL PARK LOCATOR P.OjECT GLEN COMING PROJECT DESCmPT~ON:  APPLICANT: CONDITIONAL USE PERMIT AP~i~CS~ 247- 249 Fourth Avenue s: I Request: Proposed use of an existing building In a residential area to be utilized as a small "Board & Cam" facility to house SCALE: FILE NUMBER: (5) ambulatory seniors and provide general cam, meals, NORTH No Scale PCC - 00-57 housekeeping, and a dignffied quality of life. h:\home\planning\hector\locators\PCC0057.cdr 05/22/00