HomeMy WebLinkAboutPCC 2008-10 RESOLUTION NO. PCC-OS-010
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT,
PCC-08-010 TO CONSTRUCT AND OPERATE A REMODELED
CORPUS CHRISTI CATHOLIC CHURCH, SOCIAL HALL, AND A
PRIVATE SCHOOL AT 450 CORRAL CANYON ROAD
WHEREAS, on December 13, 2007, a duly verified application for a Conditional Use
Permit was filed with the City of Chula Vista Development Services Department by Lord
Architecture ("Applicant"); and
WHEREAS, the application requests approval of a Conditional Use Permit to allow
construction and operation of a remodeled Corpus Christi Catholic Church, social hall, and a
private school ("Project"); and
WHEREAS, the area of land which is the subject of this Resolution is an existing
parcel located at 450 Corral Canyon Road ("Project Site"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has conducted an
Initial Study, IS-08-008 in accordance with CEQA. 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 cleazly no significant
effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration, IS-08-008; and
WHEREAS, the Director of Development Services set the time and place for a hearing
on the Conditional Use Permit application, and notice of the hearing, together with it 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 heazing; and
WHEREAS, the hearing was held at the time and place as advertised, namely July 22,
2009 at 6:00 p m in the Council Chambers, 2'76 Fourth Avenue, before the Planning
Commission and the hearing was thereafter continued to the Planning Commission meeting of
August 12, 2009; and
WHEREAS, the heazing was held at the time and place as continued, namely August 12,
2009 at 6:00 p m in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and the hearing was thereafter closed; and
WHEREAS, after considering all repozts, evidence and testimony presented at the public
hearing with respect to the Project, the Planning Commission voted~{~ to approve the
Project.
Page 2
August 12, 2009
NOW, THEREFORE, BE II RESOLVED by the Planning Commission of the City of
Chula Vista that it finds that, in the exercise of its independent ,judgment, as set forth in the
record of this proceeding, the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (IS-08-0008), which is on file in the Development Services Department has
been prepared in accordance with the requirements of the California Environmental Quality Act
(CEQA), and the Environmental Review Procedures of the City of Chula Vista; and that the
Project's environmental impacts will be mitigated by adopting the Mitigation Measures
described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and
Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to
ensure that during Project implementation, the Owner and/or Applicant and any other
responsible parties implement the project components and comply with the Mitigation
Monitoring and Reporting Program.
BE IT FURIHER RESOLVED by the Planning Commission of the City of Chula Vista
that it makes the following findings:
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.
This proposal will provide both religious and educational services for the surrounding
residents. Further expansion of the sanctuary, social hall and private school will assist in
meeting the growing needs of the community. The provision of these services in
proximity to nearby residents contributes to the general well-being of the neighborhood
and community.
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 sanctuary, social hall, and school will not result in any negative impacts to
health, safety or general welfare.. The use will be subject to meeting all health, safety and
general welfare standards and regulations set forth by the City of Chula Vista, the
sanctuary, social hall, and school uses are consistent with the types of public quasi uses
that are associated with the Planned Community Public Quasi Zone According to the
traffic study, the proposed uses would generate an additional 256 Average Daily Trips
(ADI's) to the site once the final phase is completed compared to the current traffic
generated by the existing church and pre-school, No significant traffic impacts will be
created as a result of the proposed project. the proposed use will not be detrimental to
the heath, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity,
Page 3
August 12, 2009
That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The proposed use is located in a Planned Community Public Quasi Zone, which allows
the operation of a church and ancillary uses, subject to issuance of a Conditional Use
Permit. the facility will comply with required development and operating regulations,
including setback standards and parking requirements contained in the CVMC,
That the granting of the Conditional Use Permit will not adversely affect the
General Plan of'the City, or the adopted plan of any government agency.
The project site is designated and zoned for Public Quasi uses in the 2005 General Plan.,
The operation of a sanctuary and school at this location is consistent with the stated
policies of the General Plan, Ihis Conditional Use Permit is in compliance with the
General Plan policy of providing adequate public and semi-public uses within all areas of
the city Therefore the use, as proposed, has been found to be consistent with the General
Plan and the Planned Community Public Quasi Zone.
BE II FURTHER RESOLVED THAI THE PLANNING COMMISSION, BASED ON IHE
FINDINGS ABOVE, approves the Conditional Use Permit, PCC-08-010 subject to the following
conditions:
I. The following shall be accomplished to the satisfaction of the Development Services
Department, prior to issuance of building permits, unless otherwise specified:
Planning Division
1 Applicant shall develop and maintain the Project Site in accordance with the
approved plans, which include site plans, floor plan, and elevation plan on file in the
Planning Division, the conditions contained herein, and Iitle 19
2 Prior to, or in conjunction with the issuance of the first building permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees
for deposit account DQ-1490,
3 Applicant shall implement, to the satisfaction of the Development Services Director,
the mitigation measures identified in the Mitigated Negative Declaration (IS-08-008)
and Mitigation Monitoring and Reporting Program
4 Special events shall include only activities associated with the sanctuary, social hall,
and school, and shall take place entirely within the building, unless a Special Event
Permit is approved by the Planning Division,
Page 4
August 12, 2009
5, the pre-school shall not exceed 134 children. the hours of operation shall be
Monday through Friday from 7:00 a m, to 7:00 p.m. The pre-school shall cease
operations prior to the commencement of the private school K-8 grade unless
otherwise approved by the Development Services Director.
6 The private school (K-8th grade) shall not exceed 325 children,. the hours of
operation shall be Monday through Friday from 7:00 a.m to 7:00 p.m.
7. Maximum sanctuary seating shall not exceed 896 persons. The hours of operation
shall be Saturday through Sunday, '7:00 a m to 6:00 p.m. and Monday through
Friday, 8:00 a m. to 8:00 p m.
8 the hours of operation of the Social Hall shall be Monday through Friday from
9:00 a m to 8:30 p m and on Sunday twice a month for group meetings from
6:00 p m. to 7:30 p.m.
9, the Zoning Administrator shall have the authority to approve modifications to the
hours of operations and total number of students attending the school in accordance
with the Chula Vista Municipal Code regulations.
10, At no time shall the social hall or private school hold functions when the sanctuary is
in use during the weekend hours of operation of the five sanctuary services on
Sunday, baptisms on the third Saturday and third Sunday of each month, and the vigil
mass on Saturday, due to parking requirements, Nor shall the five sanctuary services,
baptisms, and the vigil mass, take place when the social hall or private school is in
use during the weekday hours of operation.
11 the Applicant shall submit a student drop-off plan for the private school to the
satisfaction of the Zoning Administrator prior to the opening of the school.
Engineering Division:
GRADING AND WAIER QUALITY
12, the Applicant shall comply with the Regional Water Quality Control Board Order
R9-2007-0001 and the Chula Vista Standard Urban Storm Water Mitigation Plan
(SUSMP) both as amended from time to time.
13 the Applicant shall enter into a Storm Water Facilities Maintenance Agreement with
the City before approval of the grading plans for the site.
Page 5
August 12, 2009
14 A Land Development Permit ("grading permit") will be r'equir'ed for the project. All
grading work shall be designed in accordance with Chula Vista Ordinance 1797,
Chapter 15 04 of the Chula Vista Municipal Code, and the City of Chula Vista
Subdivision Manual. The following items must be fulfilled to obtain the permit:
a, A grading plan must be prepared by a registered civil engineer and submitted to
the Development Services Department for review and subsequent approval.
b Fulfill landscaping requirements as set forth by the City Landscape Architect,.
c Submit aplan-check deposit The deposit amount is dependent upon the
complexity and extent of the project and project grading plans submitted for plan-
check in accordance with the City's Full Cost Recovery Program„
d Provide security in the amounts of: 25% of estimated earthwork costs; 100% of
estimated costs of appurtenant structures, as determined by the approved
engineer's estimate; 100% of landscaping and irrigation facilities; and 100% of
landscape maintenance for a period stated on the Grading Permit..
e With the first submittal of grading plans, provide the following technical reports:
- Water Quality Technical Report (WQIR)
- Soils Report
- Hydrology and Hydraulic Studies
the technical reports submitted at the time of processing the first submittal of the
grading plans shall reflect the existing conditions, and provide the necessary
information for the construction of proposed facilities as shown in the plans.
PUBLIC IMPROVEMENTS
15 Prior to issuance of a building permit, the Applicant shall obtain a Construction
Permit to perform all work within the City's right-of=way, including, but not limited
to:
a. Removal and replacement of any broken curb, gutter or sidewalk as
determined by the City Engineer
b Lateral connections to existing public utilities.
c Installation of driveways, All sidewalks, pedestrian ramps, and driveways
shall comply with the City of Chula Vista's Design Standards and the
Americans with Disabilities Act ("ADA") Standards..
d. Removal and replacement of driveways for curb, gutter, sidewalks, and
guardrail per City of Chula Vista Design Standards,.
Page 6
August 12, 2009
16, the Applicant shall comply with the proper sight distance requirement within the
public-light-of--way fox vehicles exiting the property., A total of eight parking spaces
shall be eliminated along Corral Canyon Road and red curb shall be painted in
conformance with Engineering Division requirements. the north driveway (adjacent
to the existing sanctuary) must have three parking spaces (75-ft) to the north of the
driveway eliminated fox adequate sight to the left for outgoing vehicles, At the south
driveway (existing pre-school drive) three parking spaces (75-ft) to the left or north
shall be eliminated and to the right ox south, two parking spaces (50-ft) shall be
eliminated.
MISCELLANEOUS
1'7 The Applicant shall pay the following fees based on the final building plans
submitted:
a. Sewer Capacities fees
b. Development Impact Fees
c. Iiaffic Signal Fees
18, The Applicant shall not construct any permanent structures within (or over) City
easements Ihese permanent structures include, but axe not limited to: buildings
(including footings), fences, .walls, steep slopes, overhanging eaves, and private
utilities..
Fire Department
19 the Applicant shall revise the Fire Protection System analysis to include all
additional devices.. Onsite fire service utilities will be required.
20, Applicant will be required to have two points of coxmection on the fire hydrant
underground system and have the system looped,.
21, The Applicant shall comply with CVFD Policy 2916,01 Requirement for New
Construction, which states the underground fire service utilities and a minimum of the
first layer of asphalt shall be installed prior to the delivery of combustible materials to
the project site.
22 Fire Lane/Signs shall be provided around the entire complex
23. Prior to building permit approval, the Applicant shall show an acceptable Fixe
Control Room on the building permit plans and construct the Fire Control Room
prior to occupancy.
Page 7
August 12, 2009
24. Prior to occupancy, the Applicant shall provide a Knox Vault at the main entrance to
the building and at the Fire Control Room,
25 Prior to occupancy, building addresses shall be implemented in accordance with the
following criteria:
• 0-50 ft. from the building to the face of the curb=6-inches in height with a 2-
inch stroke.
• 51-150 ft. fiom the building to the face of the curb= 10-inches in height with a
1 'h-inch stroke..
• 151 ft fiom the building to the face of the curb= 16-inches in height with a 2-
inch stroke..
26 Prior to occupancy, the Applicant shall install an approved fire alarm system
(automatic, manual, fire flow monitoring) and an approved automatic fire sprinkler
system (NFPA 13 System).
27 The Applicant shall obtain a permit for a place of assembly.
II. The following on-going conditions shall apply to the Project Site as long as it relies
on this approval:
28 The conditions of approval for this Conditional Use Permit shall be applied to the
subject property at all times that the Conditional Use Permit is active for the subject
project, and the existence of this approval with conditions shall be recorded with the
title of the property.
29 Approval of the Conditional Use Permit shall not act as a waiver for compliance with
all sections of Title 19 of the Municipal Code, and all other applicable laws and
regulations in effect at the time of building permit issuance,
30, The Property Owner and Applicant shall and do agree to indemnify, protect, defend
and hold harmless City, its City Council members, Planning Commission members,
officers, employees and representatives, from and against any and all liabilities,
losses, damages, demands, claims and costs, including court costs and attorney's fees
(collectively, liabilities) incurred by the City arising, directly or indirectly, from (a)
City's approval and issuance of this Conditional Use Permit and (b) City's approval
or issuance of any other permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated on the Project Site except where the loss or
liability is due to the negligence or willful misconduct of the CITY. the Property
Owner and Applicant shall acknowledge their agreement to this provision by
executing a copy of this Conditional Use Permit where indicated below. The Property
Owner's and Applicant's compliance with this provision shall be binding on any and
all of the Property Owner's and Applicant's successors and assigns,
Page 8
August 12, 2009
31 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.
III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
the Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same, Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped
copy returned to the City's Development Services Department.. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
the Property Owner/Applicant's desire that the project, and the corresponding application
for building permits and/ar a business license, be held in abeyance without approval..
g 9
Signature of perty OwnerpyT ~ /~u~ ~J'NJ` Date
450 Corral Canyon Road
Signature of Applicant Date
IV. 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 thew i
compliance with said conditions or seek damages for their violation. Failure to satisfy the
conditions of this permit may also result in the imposition of civil or criminal penalties
V, INVALIDITY; AUTOMATIC REVOCATION
It is uhe 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 mare 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.
Page 9
August 12, 2009
VI. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Governrnent 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 baz any subsequent legal action to attack, review, set
aside, void or annul imposition the right to protest the fees, dedications, reservations, ar
other exactions does not apply to planning, zoning, grading, ar other similar 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
similaz to this, nor does it revive challenges to any fees foz which the Statute of
Limitations has previously expired..
PASSED AND APPROVED BY THE PLANNING COMMISSION OF IHE CIIY OF
CHULA VISIA, CALIFORNIA, this 12th day of August, 2009, by the following vote, to-wit:
AYES: Vinson, Moctezuma, Thompson, Tripp
NOES:
ABSENI: Spethman, Felber, Clayton
ABSIAIN:
Scott W Vinson, Chair
ATTESI: S
Diana Vargas, Secretat
Presente by: Approved as to form by.
Gar Halb rt, E, AICP /~2
Deputy C y Manager/Development Services Director r me
J:\Planning\Cazoline\Discretionazy Permits\Corpus Christi Chur'ch\PCC-08-010 PC Reso doc
THE ORIGINAL OF THIS DOCUMENT
Recording requested WAS RECORDED ON MAR 03 2010
DOCUMENT NUMBER 2010-0104625
bY~ DAVID L BUTLER, COUNTY RECORDER
City of Chula Vista SAN DIEGO COUNTY RECORDER'S OFFICE
TIME: 9.09 AM
After recording
return to:
City Clerk's Office
City of Chula Vista
276 F ourth Avenue
Chula Vista, CA 91910
Attn: E Briggs
This space for Recorder's use only
Resolution No. PCC-08-010
Document Title
~c~ # ~~7 a-o~ o~~~~
O I III IIII III III II II III II I II I III II IIIII I III IIIII I I III
Recording requested MAR 03, 201 C] 9:09 AM
by: OFFICIAL RECORDS
City of Chula Vista SAN DIEGO COUNTY RECORDER'S OFFICE
C~ DA'~IID L. BUTLER, COUNTY RECORDER
i D FEES': O.uO
After recording
return to: PAGES: 10
City of Chn1°vsta 1111111 IIIII IIIIIIIIII IIIII IIIII IIIII IIIII IIIII 11111 IIIII IIIII IIIII IIIII IIII IIII
276 F ourth Avenue Q 0 0
Chula Vista, CA 91910
Athl: E. FiIIbbS
This space for Recorder's use only
Resolution No. PCG08-DIO
Document Title