HomeMy WebLinkAboutPCC 2007-64 RESOLUTION NO. PCC-07-064TE
A RESOLUTION OF IHE PLANNING COMMISSION OF IHE
CITY OF CHULA VISIA GRANTING A IHREE-YEAR IIME
EXTENSION FOR CONDIIIONAL USE PERMII (PCC-07-064)
IO ALLOW FOR IHE CONSTRUCIION OF A
CHURCH/SCHOOL FACILIIY KNOWN AS CONCORDIA
LUTHERAN CHURCH LOCAIED ALONG WINDINGWALK
SIREET AND DISCOVERY FALLS DRIVE AT THE
IERMINUS OF BIRCH ROAD.
WHEREAS, a duly verified application for a Conditional Use Permit was filed with the
City of Chula Vista Planning and Building Department on April 10, 2007, by Concordia
Lutheran Church ("Applicant"); and
WHEREAS, the application requested approval of a Conditional Use Permit (PCC-07- i
064) to allow for the construction of a church sanctuary, a pre-school, a fellowship
hall/elementary-middle school, and a gymnasium ("Project"); and
WHEREAS, the Planning Commission held a public hearing on the Project on November
14, 200'7, and after hearing staff presentation and public testimony, voted 5-2-0-0 to deny the
Conditional Use Permit; and
WHEREAS, a duly verified appeal application for the Conditional Use Permit denied by
the Planning Commission on November 14, 2007 was filed with the City of Chula Vista
Planning Department on November 20, 2007 by the Applicant; and
WHEREAS, the City Council held a public hearing on an Appeal of the Project on
February 5, 2008 and after hearing staff presentation and public testimony, voted 5-0-0-0 to grant
the Appeal and approve the Conditional Use Permit, in accordance with the findings and subject
to the required conditions of approval; and
WHEREAS, Section 19.,14.260 of the Municipal Code states that a Conditional Use
Permit shall be conditioned upon the privileges granted being utilized within one-year from the
effective date thereof; and
WHEREAS, Section 19,14 260 further states that the Planning Commission, may by
resolution, grant an extension of time contained in a currently valid Conditional Use Permit
without a public hearing subject to the finding of no material changes or circumstances since the j
granting of the permit which would be injurious to the neighborhood or otherwise detrimental to
the public welfare; and
WHEREAS, on July 29, 2008, the applicant requested a tluee-year time extension, so that
construction of the pre-school may be permitted to be completed after the one-year expiration of
the Conditional Use Permit approval on February 5, 2009, and to allow for the future
development of the fellowship hall/elementary-middle school, gymnasium, or sanctuary to
commence during the additional three-yeaz time fume.. As stated, the delay is due to the current
economic conditions that have prevented the sale of the church's property at its current location
on Oxford Street, and which significantly impacts the applicant's ability to finance and move
forward with expenditures to construct the remaining church and school buildings as part of
future phases; and
WHEREAS, the Findings and Conditions of Approval contained within City Council
Resolution No 2008-048 are still valid, applicable and enforceable, and that the applicant agrees
thereto, and that City Council Resolution No, 2008-048 is incarparated into this subject Planning
Commission Resolution by reference; and
WHEREAS, the Applicant believes athree-year extension will be sufficient to allow for
the construction to be completed for the project.
NOW, THEREFORE, BE II RESOLVED, the Planning Commission hereby finds that
there have been no material changes or circumstances since the granting of Conditional Use
Permit PCC-07-064 that would be injurious to the neighborhood or otherwise detrimental to the
public welfare because:
I
1) Ihere have been no proposed changes to the CUP plans or operations for the
proposed church and school facility since the original granting of the Conditional Use
Permit;
2 the a licable zonin of the site has not been modified since a ~
pp g pproval of this project;
3) the project remains consistent with the General Plan; and
4) Ihere has been no substantial change in the intensity of the land uses located within
the surrounding area.
BE, II FURTHER RESOLVED that the Planning Commission approves athree-year time
extension to the date of February 5, 2012 based upon the above findings.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISIA, CAILIFORNIA, this 27`h day of August, 2008 by the following vote, to-wit:
AYES: Tripp, Felber, Clayton, Bensoussan, Vinson, Spethman
NOES: Ii
ABSENI: Moctezuma
ABSIAIN:
i I
William C. Tripp, Chair
ATTEST:,
Diana Vargas, Secrets y -
Prese ted by: ~ ~ Approv ~
Nancy i addox Lytle E
Acting Planning Director Interim Crty o y