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HomeMy WebLinkAboutReso 1997-18751 RESOLUTION NO. 18751 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE/WAREHOUSE FACILITY FOR THE UNITED STATES DEPT. QF IMMIGRATION AND NATURALIZATION SERVICES AT 2411 BOSWELL ROAD I. RECITALS A. Project Site WHEREAS, the property which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as 2411 Boswell Road; and B. Project Applicant WHEREAS, a duly verified application for a Conditional Use Permit (PCC-97-39) was filed with the City of Chula Vista Planning Department on May 23, 1997 by Western Devcon (Applicant); and C. Project Description; Application for Conditional Use Permit WHEREAS, said application requests approval of subject Conditional Use Permit to establish a facility for the U.S. Dept. of Immigration and Naturalization Services to include office, classroom, and warehouse uses, at 2411 Boswell Road in the BC-2 (Manufacturing Service) land use district of the EastLake I Planned Community; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 23, 1997 and voted 6-0 to recommend that the City Council approve the Project in accordance with Planning Commission Resolution No. PCC-97-39; and, E. Notice of Public Hearing WHEREAS, the City Clerk set the time and place for a hearing on said Conditional Use Permit application 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 within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and F. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely August 5, 1997 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. Resolution 18751 Page 2 II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on July 23, 1997 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby approves the conditional use permit based on the following findings and all other reports, evidence and testimony presented with respect to the prol~osed use, and subject to the following terms and conditions. III. CONDITIONAL USE PERMIT FINDINGS The following findings are required by the Zoning Ordinance which governs the issuance of conditional use permits. The City Council of the City of Chula Vista hereby sets forth the following evidentiary basis for approval of the proposed Project: A. That the proposed use at the 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 proposed facility for the U.S. Department of Immigration and Naturalization Services will provide a necessary support facility for this governmental agency, and the location is within a land use district that includes other similar uses. The facility will therefore contribute to the general well being of the community as a whole. R. 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 proposed operations at this facility are similar to other operations within this land use district and would generally, for non-public users, be permitted uses. Therefore, this use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-97-39 is conditioned to require the Applicants owner to fulfill conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-97-39 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. ' 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. Resolution 18751 Page 3 The granting of PCC-97-39 is consistent with, and will not adversely affect, the Chula Vista General Plan. IV, GRANT OF PERMIT The City Council hereby conditionally grants the Conditional Use Permit subject to the following conditions, whereby the Applicant shall: 1. Operate the Project as submitted to and approved by the City Council, except as modified herein and/or as required by the Municipal Code, and as detailed in the project description. 2. Obtain prior approval from the City for any significant change in operations at this site, (e.g. the processing of seized property or persons) in the form of a modification to this Conditional Use Permit. Any such modification would require the payment of fees and submittal of a revised application, and may include public hearings. 3. Comply with and implement all requirements of the Fire Marshal as related to conforming with the Uniform Fire Code and applicable Municipal Code requirements. 4. Comply with and implement all requirements of the Director of the Building and Housing Department as related to conforming with the Uniform Building Code. 5. Comply with and implement all provisions related to Title 24 (Part II), Disabled Access, to the satisfaction of the Director of Building and Housing. 6. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or of any condition of approval of this Conditional Use Permit, or of any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. 7. 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 can not, in the normal operation of the use permitted, be expected to economically recover. 8. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 9. Pay all costs associated with implementing any of the above conditions of approval. 10. Comply with all conditions of approval of the Design Review Committee for DRC-97- 44. Resolution 18751 Page 4 11. The applicant shall develop and implement a solid waste management plan to include source reduction, reuse, recycling, and composting programs for the preconstruction, construction, and operational phase of the facility and its employees and sub- contractors as appropriate, The plan shall be sufficient to meet the 50% mandated diversion goal, and shall be approved by the Conservation Coordinator prior to the approval of building permits. V. 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 "T r I Resolution 18751 Page 5 EXHIBIT "A" - .=UTU.~E SUBDIVISION} / * PROJECT / * LOCATION ~,~,~ ~ ~.,~.~ / ~OSWSLL RD. CHULA VISTA PLANNING DEPARTMENT LOCATOR .o=~ I~IG~ON l ~ON ~oj~ D~ ~: s~,,,~D,~,). CONDITIONAL USE PERMIT 'm ~] T Resolution 18751 Page 6 PASSED, APPROVE[Z), and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of August, 1997, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Hort~, Mayor ATTEST: Beverly A2~Aut~elet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) l, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18751 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of August, 1997. Executed this 5th day of August, 1997 ~Authelet, City Clerk