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HomeMy WebLinkAboutPCC 2008-29 RESOLUTION NO. PCC-08-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A PRIVATE SCHOOL - HIGHLAND PRINCE ACADEMY WHEREAS, a duly verified application for a Conditional use Permit (PCC-08-029) was filed with the City of Chula Vista Planning and Building Department on June 10, 2008 by Leon and Rita Hernandez/Andre and Susana Serralde ("Applicant"); and WHEREAS, the Applicant requests to operate aprivate school known as Highland Prince Academy within an existing 16,754 square-foot building("Project"); and WHEREAS, the area of land which is the subject of this Resolution is located at 880 Kuhn Drive, located at the northwest cornet of Kuhn Drive and Fenton Street within the BC-1 Business i Centex District of the Eastlake Business Center ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15303 (existing facilities) of the State CEQA Guidelines, Thus, no further environmental review is necessary; and I i WHEREAS, the Planning Director set the time and place for a hearing on said Conditional i Use Permit and notice of the 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 August 13, 2008, at 6:00 p m in Council Chambers, 276 Fourth Avenue, before the Planning Commission and ii the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Conditional Use Permit Application, the Planning Commission voted (X- X) to approve the Conditional Use Permit; and NOW, IHEREF ORE BE I I RESOLVED that the Planning Commission does hereby make the findings required by the City's rules and regulations for the issuance of Conditional Use Permit, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated findings to be made 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 Project is a desirable land use as prescribed in Section IV 1 of the Eastlake Planned Community District Regulations "Permitted and Conditional Uses.." Ihis Project is a permitted use subject to approval of a Conditional Use Permit. the proposed use will provide a facility that will provide employment opportunities and bilingual educational programs to residents and employees of the business center. The project site is located in an area immediately surrounded by offices and businesses than can benefit from the services as well as children in surrounding areas that can also benefit from this type of language development As a private school with emphasis on development of bilingual skills, it will provide a unique service to the surrounding area and enhance both the existing and future employment base of the City. 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 use will be conducted within an existing 16,754 square-foot building. the Project would comply with all planning, engineering, fn~e, building and other applicable codes to ensure the ~ safety of the children and employees of the business. Furthermore, the use will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista and other applicable agencies. The proposed school will be the only tenant occupying the entire building site In addition, the building is located at the southern portion of the site with the parking field to the north, creating a separ ation of approximately 115 feet with the off ce building to north, the building site is surrounded on three sides by streets, Kuhn Drive to the east, Fenton Street to the south and Eastlake Parkway to the north. Buildings within the business park to the east, are i separated by the 36 foot wide Kuhn Drive.. I the City's Iraffic Engineer determined that the Project would result in no significant impact to any ofthe intersections or roadway segments within the study area. Additionally, the Project I has incorporated a circular drop off%pick up plan which provides for an orderly ingress/egress to the facility. the proposed 760 square foot outdoor recess/play area will be utilized for limited time periods during the day and its location is sufficiently screened and buffered from surrounding land uses on all sides. From the closest point of the proposed small outdoor play area there will be approximately 70 feet to the north property line. In addition there is a 15-20 foot high slope buffer between the subject site and the property to the north. Existing and future users of the site to the north would be expected to remain office uses based on the j building construction, Page 2 3 That the proposed use will comply with the regulations and conditions specified in the code for such use. Granting of this Conditional Use Permit is conditioned to require the Applicant and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Chula V ista Municipal Code and Eastlake Business Center Sectional Planning area for such use., These conditions will be enforced through building plan review, inspections prior to occupancy of the use and subsequent operation of the business. Furthermore, the conditions of this permit at e approximately in proportion to the nature and extent ofthe impact created by the Project in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the Project. 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 Site s is located within the Eastlake Business Center, and contains the Limited i Industrial General Plan designation At the time of the adoption of the Eastlake Business Center Sectional Planning Area (SPA) Planned Community, the City Council determined that the SPA Plan was compatible with the General Plan.. the SPA allows that certain non- industrial uses could be considered within the business park based on findings necessary to grant a Conditional Use Permit Due to the Limited Industrial designation of the Project Site, the Project was fully analyzed in terms of policies contained in the Economic Development I (ED)Element of the General Plan.. Policy ED 1 3 encourages the preservation and expansion of industrial lands in areas designated as industrial the Project involves no change to the land use designation of the i Project Site, Instead, it is a temporary land use, which will expire in five years, At the end of ~ five years, if a request for time extension is received by the City, the use can again be evaluated I based upon the surrounding land uses to ensure there is continued compatibility and that other more industrial type uses would not be precluded from locating at this site or in the nearby vicinity Policy ED 1.6 of the ED Element of the General Plan indicates that projects should promote economic development that fosters job availability, economic revitalization and tax revenues ! the proposed Project will promote this policy. As a private school with emphasis on development of bilingual skills, it will provide a unique service to the surrounding area and enhance both the existing and future employmentbase ofthe City. Businesses workers in the business park can receive bilingual education skills, which the school can provide to adults during the evening hours, Ihis can be especially beneficial for companies with business relationships with Mexico, The students who graduate will be bilingual and, therefore, contribute to the employment base of the City While these jobs may be of a different nature than jobs that may be created from mare industrial types of uses, they nonetheless meet the intent of'this policy.. Page 3 NOW THF,REF ORE, BE II FURTHER RESOLVED that the Planning Commission of the City of Chula Vista grants Conditional Use Permit PCC-08-029 subject to the following conditions required to be satisfied by the Applicant and/or property owner(s): I. Unless otherwise noted, the following conditions shall be complied with by the Applicant prior to issuance of building permits for this project: Planning & Building Department A. The following shall be accomplished by the Applicant to the satisfaction of the Director of Planning and Building: 1 Building plans (tenant improvements) must comply with the following: i Handicapped Accessibility Requirements ii 2005 Energy Requirements iii, 2007 CBC, CPC, CMC and CEC I 2 Applicant shall pay all applicable fees, including any unpaid balances of application(s) processing fees and/or Full Cost Recovery Cost linked to deposit account DQ-1525 prior to approval of building permits. 3 Applicant shall submit for review and approval sign permit applications fox proposed signage, 4 Applicant shall develop and submit a "Recycling and Solid Waste Management I Plan" to the Environmental Services Program Manager for review and approval as part of the building permit process. The Plan shall demonstrate those steps the Applicant will take to comply with the Municipal Code, including but not j limited to Sections 8,24, 8,.25 and 19.58 340 and to meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments (including demolition and construction phases) the ~ Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phases of the Project. the "Recycling and Solid Waste Management Plan" features shall be identified on the building plans, Fire Department: I; B Prior to occupancy, the following shall be accomplished by the Applicant to satisfaction 1 of the F ire Marshall: 1, Applicant shall comply with all requirements of the Chula Vista Fire Department, One " 2 A l OBC" fire extinguisher shall be provided fox every 75 feet of travel in any direction.. Page 4 9 This Conditional Use Permit shall expire five (5) years after the date of approval by the Planning Commission on August 13, 2013. the Applicant may submit a Conditional Use Permit application and required filing fees for an extension prior to the expiration date. the Planning Commission shall review the Conditional Use Permit for compliance with all federal, state and local laws, the current zoning regulations, general plan designation, any Code enforcement actions and shall determine whether the CUP shall be extended or allowed to expire. 10 The Applicant/owner shall indemnify, protect, defend and hold harmless City, its elected officials, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attoniey'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 herein Applicant/owner shall acknowledge their agreement to this provision by executing a copy of the Conditional Use Permit where indicated below Applicant's/owner's compliance with this provision shall be binding on any and all of the Applicant's/owner's successors and assigns. 11, the Project shall remain in compliance with sign regulations outlined in the Eastlake i Business Center SPA and Chula Vista Municipal Code, III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL i the Property Owner and Applicant shall execute this document signing on the lines provided i 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 ofthe 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 Planning and ui ding Department Failure to return the signed and stamped copy of this recorded doc ent`,within 10 days of recordation shall indicate the property Owner/Applicant's desir e that the roje~t, and the corresponding application for building permits and/or business license, be he~r1 in a ieyance witho approval, ~ ~ASY~.,t cC ~a.9 w-a FrRt g„A5. i 'r.- s' 9 "t S G ~~~..-v~ Signature of o "e~ty Own Date ,yam ~ e~ Signature of App ant Date Page ti 2 Applicant shall submit plans to the Fire Department for any tenant improvement work for any modification to the sprinkler system. 3, Applicant shall submit a plan for review and approval by the Fire Marshall which outlines in detail the assisted evacuation process to be utilized in the event of any emergency situation which may occur due the types of existing and furine tenants and uses which may occur within the business center. II. The following on-going conditions shall apply to the pr'oper'ty as long as it relies on this approval„ 1, Applicant shall comply with all federal, state and local laws and regulations. 2, the conditions of apptnval for this Conditional Use Permit shall be applied to the Project Site until such time as the CUP expires or approval is revoked. Ihis Conditional Use Permit shall be recorded with the title of the property, 3, The Project Site shall be developed and maintained in accordance with the plans, dated August 13, 2008, which include site plan and floor plans, on file in the Planning Division, the conditions contained herein, Title 19, and the Business Center II Sectional Planning Area Plan, 4 Any minor deviation from the conditions of approval that does not affect the use or the intensity of use may be approved by the Director of Planning and Building, 5 Ihis Conditional Use Permit shall become void and ineffective if not utilized within one year I ftom the effective date, 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. 6 the enrollment of the private school shall not exceed 180 children, 80 adults, and 20 employees., The number of persons in the school shall not exceed a maximum of 200 at any one time Monday through Friday j 7 the hours of operation for the Project area as follows: • Monday through Friday 7:00 a m. to 3:00 p m. (Grades 1-12) • Monday through Friday 3:OOp m -4:00 p m, (after care program) I • Monday through Friday 4:00 p m, to 7:00 p m (Adults) • Saturdays 9:00-7:00 p.m (Adults; school club activities/assemblies) • Sundays 9:00 a.m -1:00 p.m. (school club activities/assemblies) 8 Applicant shall conduct only activities associated with the school use and those activities shall take place entirely within the building, unless a special event permit is approved by the Director of Planning and Building. Page 5 IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur; or if they axe, 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, ox further condition issuance of all future building permits, deny, revoke, ox fuxthex 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. V. INVALIDITY; AUTOMATIC REVOCATION j 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 her ein stated; and that 1 in the event that any one ox more terms, provisions ox conditions axe determined by a Court of competent ,jurisdiction to be invalid, illegal ox unenforceable, this Resolution and the Conditional Use Permit shall be deemed to be automatically revoked and of no further force and effect, APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 13`h day of August, 2008, by the following vote, to-wit: AYES: Tripp, Clayton, Felber, Moctezuma, Vinson, Spethman,Bensoussan NOES: ABSENI: ABSTAIN: i AIIESI: 1 Diana Vargas, Secret William C. Tripp, Char Presented by Approved as to form by Nancy Lytle Bart Miesfeld Acting Planning Director Interim City Attorney Pale 7 i # ~c~a~-~~~~~~ ~ PL3ASE COMPLETE IHIS INFORMATION. I VIII II III I III VIII VIII III I (IIII I III II I IIII III I VIII III IIII RECORD[NGREQUESIED BY: SEP 15, 2C1C18 8:5fi AM OFFICIAL RECORDS AND WHEN RECORDED MAIL T'O: SAP! DIEI;O COUPlT`I RECORDER'S OFFICE /~~7~D~~~U r~ GFiEGORl'J SMITH, COUPITY RECORDER li FEE; 000 C~ice C%~~~~`~ PAGES: 8 ~ 7fo Fou/`T><f Y_ G~ ~ ~~I ~ C'~u/~ U.rT~, ~ ~~9~0 ~ ~ I 1~ ~ THIS SPACE FOR RECORDER S USE ONLY (Please fill in document title(s) on this line) I i I THIS PAGE ADDED T'O PROVIDE ADEQUAIE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 i Ru Form #R25 I