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HomeMy WebLinkAboutPCC 2009-48 RESOLUTION NO.. PCC-09-048 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-09-048 FOR THE EXPANSION OF AN EXISTING CHURCH COMPLEX AND PAROCHIAL SCHOOL LOCATED AT 1120 CUYAMACA AVENUE IN THE R-1 ZONE WHEREAS, on, April 23, 2004, the Catholic Diocese of San Diego ("Applicant"), filed a duly verified Conditional Use Permit application to allow the expansion and renovation of the existing St Pius X Church and parochial school located at 1120 Cuyamaca Avenue ("Project Site") in the R-1 (Single-Family Residence) zone; and WHEREAS, on Februazy 8, 2006, Conditional Use Permit PCC-04-053 was approved by the Planning Commission, however; this permit approval expired on February 8, 200'7, one yeaz after approval, because a building permit application was not filed and construction had not commenced within the required one-year time frame; and WHEREAS, on, April 2.3, 2009, Lord Architecture, on behalf of the Applicant, filed a new, duly verified Conditional Use Permit application to allow the expansion and renovation of the existing St Pius X Church and pazochial school ("Project") located at the Project Site; and WHEREAS, staff has reviewed the Project and found that it contains minor modifications from the previous approved Project; and WHEREAS, staff has reviewed the Project and found it to be in substantial conformance with the previous approved Project; and WHEREAS, the area of land commonly known as the Saint Pius X Catholic Church ("Project Site"); which is the subject matter of this Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of one site totaling 5..18 acres; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project far compliance with the California Enviromnental Quality Act (CEQA) and has detexrnined that the proposed Project was adequately covered in previously adopted Mitigated Negative Declaration IS-04-028 and associated Mitigation Monitoring and Reporting Program, adopted February 8, 2006., Thus, no further environmental review or documentation is necessary; and Resolution PCC-09-048 Page 2 WHEREAS, the Development Services Department Director set the time and place for a heazing on said Conditional Use Permit application and notice of said hearing, together with its purpose, was given by its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the heazing; and, WHEREAS, the heating was held at the time and place as advertised, namely November 18, 2009, at 6:00 p..m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby find, detexrnine, and resolve as follows: I. ENVIRONMENTAL DETERMINATION The Planning Commission, in the exercise of its independent judgment, as set forth in the record of its proceedings, has reviewed the proposed project for compliance with the CEQA and finds that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS- 04-028, the Project applicant, and any other responsible pazties, shall comply with the Mitigated Negative Declaration and Mitigation Monitoring and Repotting Program Thus, no further environmental review or documentation is necessary. II. 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 St. Pius X Church and associated facilities have been in operation at the same location since 1955,. the Applicant considers the existing pazish facilities undersized for the current activities and in need of upgrading, the proposed expansion of the church complex is designed to increase efficiency of the buildings for the currently scheduled services, which is six masses on Sundays and one mass each day on Monday through Sahnday. All proposed expanded and/or renovated facilities will continue to be utilized in the same manner and serve the same functions as they do currently.. The expansion of I the church facilities would help the applicant to provide a higher level of religious and academic services, and spiritual guidance to the community.. Therefore, the proposed Project has been designed to reduce impacts and add a value to the neighborhood.. 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 operation of the Church and associated facilities have been designed and conditioned to avoid potential health and safety impacts to neazby residents.. The additional parking spaces would meet the on-site parking ratio and no additional parking would be Resolution PCC-09-048 Page 3 necessazy. the approval of a traffic control plan for the drop -off and pick up of students will help reduce the effects of Project traffic on the neighborhood. the architecture, landscaping, and noise attenuation wall(s) reduce any potential negative aesthetic and environmental impacts. Furthermore, the proposed six-foot high masonry wall along the western property boundazy would shield the surrounding neighborhood from noise associated with the Project proposal, to include short-term construction noise, student noise at outdoor playground area, and noise from vehicles in the parking lot. The lot has sufficient size to accommodate the proposed use, as well as outdoor activities for the schoolchildren, which primarily consist of recess and physical education instruction.. the granting of the conditional use permit enables the City to protect the character and quality of life for the area residents in the least restrictive manner. i. That the proposed use will comply with the regulations and conditions specified in the code for' such use. The existing church and school complex is located in an area zoned R-1 (Single-Family Residential) and is designated as an Unclassified Use in that zone, and thus its expansion requires approval of a Conditional Use Permit by the Planning Commission., the proposed Project has been designed and conditionally approved to operate in compliance with all applicable codes, conditions and regulations of the Chula Vista Municipal Code,. j i 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 Project will not adversely impact the General Plan or any other regulations because the Project will expand existing uses that have been operating for many years.. The General Plan land use designation for the Project site is Residential Low-Medium (3-6 Dwelling Units per Acre)„ Churches aze considered Unclassified Uses that are permitted ~I in any zone, including the R-1 zone, upon approval of a Conditional Use Permit, the proposed Project has been conditioned to mitigate all potential environmental impacts as described in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The Project, as conditioned, complies with the applicable codes and regulations, and conforms to all elements of the General Plan„ III. CONDITIONAL USE PERMIT CONDITIONS: The following conditions of approval shall be satisfied by the Applicant and / or property owner prior to the issuance of the first building permit for the Project, or as otherwise specified below: A The Project shall be developed and maintained in accordance with final approved plans and conditions of approval for DRC-09-022, dated November 2, 2009, which includes a site plan, azchitectural elevations, exterior materials and color board, and landscape plans on file in the Planning Division of the Development Services Department. Resolution PCC-09-048 Page 4 B. the seating capacity for the Church sanctuary after construction of Phase II shall not exceed 848 seats, as shown on the approved plans.. C. Prior to the issuance of the fast building permit or grading permit, as determined by the Development Services Depaztment Director, the Applicant shall implement the mitigation measures identified in the Saint Pius X Catholic Church Mitigated ' Negative Declazation (IS-04-028) and Mitigation Monitoring and Reporting Program, adopted February 8, 2006 D the Applicant shall implement recommendations of the updated Technical Reports including the Acoustical, Iraffic Generation, Preliminazy Hydrology, Water Quality, ' and Geotechnical Reports, as described in the IS-09-015 Memorandum dated October 14, 2009„ E Prior to final inspection of the fast building permit for Phase I of the project, the applicant shall install a mirror at the intersection of the driveway serving East Emerson Street and the pedestrian walkway on the north side of the school building, to the satisfaction of the Director of Development Services., the mirror shall be designed and located to enable vehicle haffic and pedestrians using the intersection of the driveway and the pedestrian walkway to see each other clearly. Additional mirrors may be required as determined by the Director of Development Services. ' Upon certification by the Development Services Department for occupancy or establishment of the use allowed by this Conditional Use Permit, the following conditions shall apply: F. The Applicant shall apply for and obtain approval of a Conditional Use Permit or other City-issued permit for the Parish Bazaaz (Carnival) from the Development Services Director. The use shall comply with the requirements of the Chula Vista I Municipal Code, including Fue Code and Noise Ordinance. The Applicant shall submit the complete application to the City for review and approval at least two months before the event. I G. The Applicant shall ensure that drop-off and pick up of'school children be conducted as described in the attached "Traffc Control Plan for School Children Drop-off' and Pick-up" prepared by Federhazt and Associates, dated September 14, 2009 (Exhibit B) H the Applicant shall ensure that the Project complies with the parameters of the use described in the approved Project Plans, and requirements of the Chula Vista Municipal Code, including but not limited to the following: 1 The Project's uses, activities and hours of operation shall comply with the Daily Activities Schedule table on Sheet I-1 of'the approved plans. Any deviation from the operational profile shall be reviewed and approved in writing by the Director of Development Services prior to commencement of the change in the activity, Resolution PCC-09-048 Page 5 2. The Project shall be operated as necessary to regulate noise in accordance with CVMC Chapter 19.68, Performance Standards and Noise Control, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04- 028), and the Noise Addendum Report prepared by Dudek and Associates, dated February 2, 2009, 3. the facility shall operate in compliance with the Performance Standards of the Zoxung Ordinance (CVMC Iitle 19, Chapter 19.66). 4, Any request for an expansion of the use as described herein, or any deviation from the conditions of approval shall require the approval of a modified conditional use permit, 5. Any proposed modification of the Project phasing shall be reviewed and approved by the Director of Development Services prior to commencement of any change in the approved phasing plan. L, Any violations of the terms and conditions of the permit shall be grounds for revocation or modification of permit., Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Permit by the Planning Commission. J.. Applicant shall agree to indemnify, protect, defend and hold harmless the City, its I~, Planning Commission 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") incurred by the City arising, directly or indirectly, from (a) City's adoption of the Mitigated Negative Declaration # IS-04-028, and approval and issuance of the conditional use permit and design approval, (b) City's approval or issuance of any other pexrnit or action, whether discretionary or non-discretionary, in connection with the use contemplated by the permit and (c) Applicant's installation and operation of the facility permitted. Applicant shall acknowledge their agreement to this provision by executing a copy of the conditional use permit, upon approval by the Planning Commission.. Applicant's compliance with this provision is an express condition of the conditional use permit and design approval, and this provision shall be binding on any and all of Applicant's successors and assigns. 'i K. The conditions of approval for the Conditional Use Permit shall be applied to the subject property from the time the Conditional Use Permit is approved by the Planning Commission until such time approval is modified or revoked, and the existence of the approval with conditions shall be recorded with the title of the property, Prior to the issuance of the building permits for the proposed Project, the Applicant/propexty owner shall provide the Planning Division with a recorded copy of said document.. L. the Planning Commission's approval of the 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 Resolution PCC-09-048 Page 6 any conditions of approval shall cause the permit to be reviewed by the City for additional conditions or revocation. IV. EXECUTION 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 within ten days of recordation to the City Clerk 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 PCB-~~J-llf~ Signature of Property Owner Date SignahueofReprr' ntative Date V. GOVERNMENT CODE SECIION 66020(d)(1), NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN i 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 baz 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 similaz application 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,. VI. CONSEQUENCE OF FAILURE OF CONDIIIONS 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 fiuther 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, The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to Resolution PCC-09-048 Page 7 remedy any deficiencies identified by the City within a reasonable and diligent time frame.. VII. INVALIDIIY; AUTOMATIC REVOCAIION It is the intention of the Plaxming 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, ox conditions aze determined by a Court of competent jurisdiction to be invalid, illegal or ' unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio, NOW, THEREFORE, BE II RESOLVED IHAT IHE PLANNING COMMISSION adopts the resolution approving the conditional use permit, PCC-09-048, in accordance with the findings and subject to the conditions contained in this resolution.. PASSED AND APPROVED BY IHE PLANNING COMMISSION OF CHULA VISIA, CALIFORNIA, this 18th day ofNovembex; 2009, by the following vote, to-wit: AYES: Vinson, Liuag, Spethman, Tripp, Felber NOES: I ABSENI: Moctezuma ABSTAIN: Bringas Scott Vinson, Chair Presente by: Approved as to azy alb x ,Deputy City M ager / B Director o evelopment Services ~t ~ o ATTEST: Diana Vargas, Secret y C~~ # 2010-01 ~76~3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I~ APR 21, 2Q1 D 9:Q7 AM Recording requested ~ 4 Q 9 S.4N DIEGO COFJPIlTY FSEICOFDEF'S OFFICE by; City of Chula Vista U.aVID L BUTLER, COUNTY FECORDER FEES: O Ou p After recording return PAGES' g O t° Illlllllllllllllllllllillllllllllllllllllllilllllillilllllllllllllllllllllllllll j City Clerk's Office City of Chula Vista '~Y 276 F outth Avenue ~ Chula Vista, CA 91910 This space forRecorder''s use only RESOL UTION NO. PCC-09-048 Document Title THE ORIGINAL OF THIS DOCUMENT ' WAS RECORDED ON APR 21 2010 Recordingrequested DOCUMENT NUMBER 2010-0197643 by: DAVID L BUTLER. COUNTY RECORDER City of Chula Vista SAN DIEGO COUNTY RECORDER'S GFFICE TIME 9:07 AM Af'tertecording return to: City Clerk's Office City of'Chula Vista 276 F outth Avenue Chula Vista, CA 91910 This spaceforRecorder's use only RESOLUTIONNO. PCC-09-048 Documeut Title