HomeMy WebLinkAboutPCC 2006-49 RESOLUTION NO. PCC 06-049
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA ADOPTING
MITIGATED NEGATIVE DECLARATION (IS-06-015)
AND APPROVING A CONDITIONAL USE PERMIT TO
COMBINE TWO EXISTING SANCTUARIES AND
INCREASE THE CAPACITY OF THE EXISTING
CHILD CARE FACILITY AT 2351 OTAY LAKES
ROAD AND 990 LANE AVENUE - EASTLAKE
COMMUNITY CHURCH.
WHEREAS, a duly verified application for a Conditional Use Permit was filed
with the City of Chula Vista Planning Department on .January 27, 2006, by Eastlake
Community Church ("Applicant"); and
WHEREAS, the application requests approval of a Conditional Use Permit, PCC-
06-049 to modify a previously approved Conditional Use Permits PCC-O1-48 and PCC-
04-51 to allow a church in the Planned Community Zone; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has conducted
an Initial Study, IS-06-015 in accordance with the California Envirorunental Quality Act,
Based upon the results of the Initial Study, the Environmental Review Coordinator has
determined that the project could result in significant effects on the environment,
However; revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative i
Declaration, IS-06-015; and
WHEREAS, the Director of Planning and Building set the time and place fora
hearing on said Conditional Use Permit 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 and residents within 500 feet of the exterior boundaries of
the property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
January 24, 2007, at 6:00 p m in the City Council Chambers, 276 Fourth Avenue, before j
the Plarming Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby finds,
determines and resolves as follows:
CERIIFICATION OF COMPLIANCE WIIH CEQA
The Planning Commission does hereby find that the Mitigated Negative Declazation and
Mitigation Monitoring and Reporting Program (IS-06-015) has been prepared in
accordance with the requu~ements of the California Environmental Quality Act (CEQA),
the State CEQA Guidelines and the Environmental Review Procedures of the City of
Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (IS-06-015)., The Mitigated Negative Declazation is
approved based upon findings of fact pursuant to the California Environmental Quality
Act Section 15074(b):
1.. the environmental determination is based on the attached Initial Study
2 Ihere is no substantial evidence on the basis of the whole record that the
project will have a significant effect on the environment.
3, The Mitigated Negative Declaration reflects the lead agency's independent
judgment and analysis.
A copy of the Mitigated Negative Declazation and Mitigation Monitoring and Reporting
Program (IS-06-015) is on file in the Chula Vista Planning and Building Department, 2'76
Fourth Avenue, Chula Vista, CA 91910., The document and materials which constituted
the record of proceedings upon which the decision is based is under the custodial care of
the Planning and Building Director/Environmental Review Coordinator.,
INDEPENDENT .JUDGEMENT OF PLANNING COMMISSION
the Planning Commission does hereby find that, based upon all reports, evidence and
testimony presented at the public heazing with respect to the subject application and in
the exercise of their independent review and judgment, the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (IS-6-015) in the form
presented has been prepazed in accordance with requirements of the California
Environmental Quality Act and the Environmental Review Procedures of the City of
Chula Vista and hereby adopts the same,
REQUIRED CONDITIONAL USE PERMIT FINDINGS
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 church provides religious, daycaze and community services which benefit the
neighborhood, Ilre church presently conducts services in two different
sanctuazies, and approval of the project will allow the applicant to construct one
new sanctuary that will allow them to consolidate church services in one location
Also, remodeling the existing sanctuaries into classrooms will provide additional
square footage to be used for daycare, aftercare and youth programs. Ihese
improvements will expand the capacity of its facilities, which will enable the
church to offer additional church services that will benefit the church patrons and
allow the church to improve and enhance its services to the community.,
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.
The project has been conditioned to avoid or minimize potential impacts to nearby
residents, including conditions of approval of this Conditional Use Permit, and the
mitigation measures of Mitigated Negative Declaration IS-06-015, which will
reduce potential noise, traffic, parking and air quality impacts to a level of
insignificance. As a result of the approval of DRC-07-016 by the Design Review
Committee, the site will be designed to include landscaping and architectural
enhancements that will improve the aesthetic appearance of the project..
3 That the proposed use will comply with the regulations and conditions
specified in the code f'or' such use.
The proposed church is consistent with the requirements of the Eastlake Business
Center Sectional Planning Area and Planned Community Zone. In addition, the
project conditions of approval require the operation to be in continuing
compliance with all applicable city codes and regulations., the project has been
conditioned to obtain a parking agreement (based upon an approved parking
analysis) proving they have sufficient off=site parking to provide a total 417
required parking spaces, or revise the sanctuary floor plan to reduce the seating
capacity in order to meet parking requirements,.
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.
This Conditional Use Permit issuance complies with the General Plan, Eastlake
Business Center Sectional Planning Area (SPA), and the Zoning Ordinance. the
Eastlake Business Center SPA designations for the site are Visitor Commercial
(VC-2) and Business Center (BC-2). The proposed church is a Community
Purpose Facility use which is permitted in these SPA land districts upon approval
of a Conditional Use Permit, and therefore will not adversely affect the
implementation of the General Plan,
BE II FURTHER RESOLVED THAT the Planning Commission of the City of Chula
Vista hereby grants Conditional Use Permit PCC-06-049 subject to the following
conditions:
PLANNING & BUILDING DEPARTMENT
L, the following conditions shall be incorporated into the plan by the applicant prior to
issuance of building permits for this project, unless otherwise specified:
1 Prior to, ox in conjunction with the issuance of the first building permit, pay all
applicable fees, including any unpaid balances of permit processing fees fox
deposit account DQ-1304.
2. Prior to operation of the sanctuary, the applicant shall obtain approval of a
parking agreement to the satisfaction of the Director of Planning and Building to
provide sufficient off=site adjacent parking fox 417 required parking spaces,
sufficient to comply with the parking requirement of 1 parking space per 3.5 seats
in the sanctuary„ If such agreement cannot be obtained, a revised floor plan
showing a reduction of the seating capacity of the sanctuary is required.
3 Prioz to operation of the sanctuary, a parking management plan must be submitted
to the Director of Planning and Building, for review and approval. Said
management plan shall describe how parking will be managed before and after
services including the order in which the various parking locations will be utilized
with off=site parking areas being the last area to be parked.
FIRE DEPARTMENI CONDITIONS:
4 Building permits shall comply with 2001 Ca. Fire Code, and applicable Chula
Vista Fire Department regulations„ Contact Fire Inspector Gary Edmonds at 619-
691- fox specific requirements prior to permit submittal.
5. Prior to occupancy, obtain an operational permit for a place of public assembly
from the Chula Vista Fire Department,
6. Buildings shall be protected by an approved fire sprinkler and alarm system
II Upon certification by the Director of Planning and Building for occupancy or
establishment of use allowed by this Conditional Use Permit, the following
conditions shall apply:
1 the applicant shall implement to the satisfaction of the City Environmental
Review Coordinator and the City Engineering Department the mitigation
measures identified in the Eastlake Community Church Auditorium and Facility
Mitigated Negative Declaration (IS-06-015) and associated Mitigation Monitoring
and Reporting Program,
2 The applicant shall operate the church campus in compliance with the
Performance Standards, CVMC Chapters 19.,66 and Performance Standards and
Noise Control, Chapter 19.68.
3 The conditions of approval for this permit shall be applied to the subject property
until such time that the conditional use permit is modified or revoked.
4 the applicant shall remain in compliance with all applicable conditions of
approval of PCC-97-21, PCC-O1-48, and PCC-04-OSL
5 The hours of operation for the project shall be as follows:
a, Before/after-school and Pre-school use shall as follows: lower campus:
Monday through Friday 7:30 a, m. to 5:30 p m.; upper campus: Monday
through Friday from 6:.30 a,m to 6:00 p,m
b the youth activity center hours shall be weekday evenings from 4 pm to
8 pm.
c. the church office hours shall be Monday through Friday from 8:00 am
to 5:00 pm
d. the sanctuary hours shall be Saturday 4:00 p.m. to 9:00 p.m and
Sunday 7:00 am to 2:00 p„m,
Expansion of hours of operation shall require approval of the Zoning
Administrator Special events shall require special event permit issued by
the Zoning Administrator..
6 Applicant shall ensure operation remains in compliance with the parameters of the
use outlined in the application, the CVMC, and this Resolution, including the
following:
a. Maximum sanctuary seating shall not exceed 1,458 persons. Expansion of
capacity shall require approval of the Plaxming Commission Use of existing
sanctuary at 990 Lane Ave fox church services shall not be permitted,
b Weekend concert services and other special events, which shall include
only activities associated with and accessory to the church functions, and shall
take place entirely within the building, Maximum capacities for these events
shall not exceed the occupancy specified fox each room on the applicable site
plan or building plan.
c Before/after-school and pre-school capacity fox the lower campus shall not
exceed 210 persons, and fox the upper campus, shall not exceed 250 persons.
Expansion of capacity shall require approval of the Zoning Administrator.
d the pre-school daycare program shall be limited to pre-school aged
children only.. This pexrnit does not constitute approval of a private school fox
kindergarten through grade 12
e, All community service uses to be held on site shall take place entirely
within the building and shall be coordinated by the church. Periodic meetings
for civic groups shall not require individual review, however meeting sizes
shall not exceed the stated sanctuary or room capacity.
f. Family counseling activities may be conducted by the church and shall be
considered as an accessory activity to the charch services. Outside providers
shall not be used to conduct these services, and counseling shall take plane on
an individual or family basis,
7 Ihis 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.,
8 Ihis permit shall become void and ineffective if not utilized within one year from
the effective date thereof; in accordance with Section 19.14..2.60 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 the Applicant/owner shall and does hereby agree to indemnify, protect, defend
and hold harmless City, its City Council members, officers, employees and
representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney's fess (collectively,
liabilities) incurred by the City arising, directly or indirectly, from (a) City's
approval and issuance of this Conditional Use Permit, (b) City's approval os
issuance of any other permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein, and 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.
IV. Pursuant to Government Code Section 66020(d)(1), NOIICE IS HEREBY
GIVEN that the 90 day period to protest the imposition of any impact fee,
dedication, reservation, or other exaction described in this resolution begins on
the effective date of this resolution and any such protest must be in a manner that
complies with Section 66020(a) and failure to follow timely this procedure will
bar any subsequent legal action to attack, review, set aside, void or annul
imposition. the right to protest the fees, dedications, reservations, or other
exactions does not apply to planning, zoning, grading, or other similar application
P1a~ 08 07 03: 31p PGN 619-656-8222 p..2
processing fees or service fees in connection with this project; axed it does not
apply to any fees, dedication, reservations, or other exactions which have been
given notice similaz to this, nor does it revive challenges to any fees for which the
Statute of T imitations has previously expired.
V. EXCEC'UTT®N AND RI;C®RDtA~x®~' R11iSf?LLITi®iV O~ APPROVAi.
The property owner and the applicant shall execute this document by signing the
lines provided below, said execution indicating that the property owner aad
applicant have each read, undezstood, and agreed to the conditions contained
herein Upon execution, tkzis document shall be recorded with the L'ouniy Clezk
of the County of San Diego, at the sole expense of the property owner and/or
applicant, and a signed, stamped copy of this recorded document shall be zetuzned
within ten days of recordation to the Planning and Building Depaztrnent secxetazy.
1=ailrue to return said document to the Planning and Building Department
secretazy shall indicate the Property owners/Applicant's desire that the project,
and the con'esponding application foz building permits and/or a business License,
be held in abeyance without approval. Said document will also be on frig in the
City Clerk's O~ce and known as document No
..r+~
Signahu'e of Property Owner Date
Si lure of Owner's Repzesentative Bate
E'flNS;ii;QUENC~ (BIF F'A~U~ OF C~NY9ITZONS
i
If any of'the foregoing conditions fail to occur, or if they aze, by their terms, to be
implemented and maintained over tizue, if' any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of
all future building permits, deny, revoke, or further condition all ceitifzcates of
occupancy issued under the authozity of approvals herein granted, institute and'
prosecute litigation to compel their compliance with said conditions or seek damages
for thee' violation. F'ailtue to satisfy the conditions of ibis Conditional Use Perrrrit
may also result in the imposition of civil oa cruninal penalties
vYb. 91aTVE1i.&ii9IT'Y; AUTONJiAi<IC I22kJV6lCATY(31~
]t is the intention of the Planning Commission 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 oz' more terms, provision, or
conditions are determined by a Court of competent jurisdiction to be invalid, illegal or
unenforceable, this resolution and the Conditional Use Permit shall be deemed to be
automatically revoked and of no further force and effect.
processing fees or service fees in connection with this project; and it does not
apply to any fees, dedication, reservations, or other exactions which have been
given notice similar to this, nor does it revive challenges to any fees for which the
Statute of Limitations has previously expired,
V. EXCECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the
lines provided below, said execution indicating that the property owner and
applicant have each read, understood, and agreed to the conditions contained
herein. Upon execution, this document shall be recorded with the County Clerk
of the County of San Diego, at the sole expense of the property owner and/or
applicant, and a signed, stamped copy of this recorded document shall be returned
within ten days of recordation to the Planning and Building Department secretary.,
Failure to return said document to the Planning and Building Department
secretary shall indicate the Property owners/Applicant's desire that the project,
and the corresponding application for building permits and/or a business license,
be held in abeyance without approval. Said document will also be on file in the
City Clerk's Office and known as document No,
Signature of Property Owner Date
Signature of Owner's Representative Date
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if' any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of
all future building permits, deny, revoke, or further condition all certificates of
occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek damages
for their violation. Failure to satisfy the conditions of this Conditional Use Permit
may also result in the imposition of civil or criminal penalties.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission 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, provision, or
conditions are determined by a Court of competent jurisdiction to be invalid, illegal or
unenforceable, this resolution and the Conditional Use Permit shall be deemed to be
automatically revoked and of no further force and effect.
APPROVED BY IHE PLANNING COMMISSION OF CHULA VISIA,
CAILIFORNIA, this 24`b Day of January, 2007 by the following vote, to-wit:
AYES: Tripp, Felber, Bensoussan, Vinson, Clayton, Spethman
NOES:
ABSENI: Moctezuma
ABSIAIN: -
L
i
Felber, Chair
AI'IEST:
Diana Vargas
Secretary to Plannir Commission
1.\Planning\cuefiles\-06(fy05-06)\PCC\Public Hearing\PCC-06-049\pcc-06-049 pc RESOC UitON doc