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HomeMy WebLinkAboutReso 1998-18908 RESOLUTION NO. 18908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-98-15 AND GRANTING A CONDITIONAL USE PERMIT, PCC-98-11, TO ALLOW THE ESTABLISHMENT OF A SMALL SCHOOL FOR STUDENTS WITH SPECIAL EDUCATIONAL NEEDS WITHIN THREE CLASSROOMS OF AN EXISTING CHURCH FACILITY LOCATED AT THE NORTHEAST CORNER OF EAST ,j,, STREET AND PASEO DEL REY I. RECITALS A. Project Site WHEREAS, the parcel 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, the Project consists of the use of three classrooms of a church facility, located at the northeast corner of East ,j,, Street and Paseo del Rey ("Project site"). B. Project Applicant WHEREAS, on November 7, 1997 a duly verified application for a conditional use permit (PCC-98-11 ) with respect to the Project Site was filed with the city of Chula Vista Planning Department by Advocate Schools ("Applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to operate a sinall school for special education students within three existing classrooms ("Project") located on the Project Site; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study, such study (IS 98-15) was prepared, and based on such study a Negative Declaration was prepared and circulated for public review; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Negative Declaration based on IS 98-15 on February 2, 1998 and voted 4-0-2-1; and F. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 11, 1998 and voted 6-0-0-1 adopting Resolution PCC-98- I !"T"" Resolution 18908 Page 2 11 recommending that the City Council adopted Negative Declaration IS-98- 15, and approved Conditional Use Permit PCC-98-11; and G. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on February 24, 1998 to receive the recornmendation of the RCC and Planning Cornmission, and to hear public testimony with regard to the sarne. II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on February 11,1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: III. COMPLIANCE WITH CEQA In accordance with the requirements of CEQA, the City Council hereby adopts the Negative Declaration issued on IS-98-15. IV. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that permits the stated findings to be made. A. That the proposed use at the 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 proposed project is desirable in that the school will provide an educational facility for students with special educational needs which facility would not otherwise be easily accessible to residents of Chula Vista. B. 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 use will not 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 based upon the evidence of IS-98-15 and as conditioned hereunder. The proposed use is consistent with surrounding land uses, and adequate infrastructure is Resolution 18908 Page 3 in place. The operation of the project is such that traffic going to or coming from the school will be mindmal; thus the project will not cause congested roadways. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed Project must comply with all conditions of approval of PCC-98-11. D. That the granting of tills conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The Project conforms to all elements of the General Plan and other adopted plans affecting the Project Site and therefore will not have an adverse impact thereon. Furthermore, the Project is proposed to be operated on an already developed site, with easy access to public facilities (water, sewer, public roadways etc). V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-98-1 I subject to the following conditions whereby the Applicant Shall: ,- A. Ensure that the proposal complies with the use outlined in the application and material submitted therewith including, but not limited to the following: 1. Enrollment in the school is limited to a maximum of twenty-five students at any one time. Maximum number of ernployees shall be twelve. 2. School hours shall be limited to Monday thru Friday 8:00 a.m. to 2:00 p.m. for students and Monday thru Friday frorn 8:00 a.m. to 4:00 p.m. for employees. 3. Other additional activities on the Project Site during the same hours as the operation of the school may be subject to prior approval by the City. 4. Comply with all state licensing and certification requirements and all codes and requirements of the City of Chula Vista and Sweetwater High School District. B. Any change to the operational profile of this Project or any request for an expansion of the use as described herein shall require approval of a modification by the City Council of this Conditional Use Permit and or the Negative Declaration, and may result in additional conditions of approval and/or rnitigation measures. C. Operate the Project as submitted to and approved by the City Council, except as modified herein and/or as required by the Municipal Code, and as detailed in the project description. · ' D. Operate the Project in accordance with all standards and policies of the Sweetwater Union High School District. Resolution 18908 Page 4 E. Comply with all federal, state and local laws, regulations, permits, City ordinances, standards, and policies except as otherwise provided in this Resolution. F. This conditional use permit shall becorne void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. G. This permit shall be subject to any new 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 sources which the Perrnittee cannot, in the normal operation of the use permitted, be expected to econornical~y recover. E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute and have notarized the Agreement, on file in the City Clerk's Office * and known as Document No. C098-035, indicating the Applicant has read, understands and agrees to the conditions of approval contained herein, and will implement same. VI. INDEMNIFICATION/HOLD HARMLESS Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council 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 approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and © Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing the Agreement of this Conditional Use Permit where indicated. 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 Applicant's/operator's successors and assigns. VII. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council 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, provisions or conditions are Resolution 18908 Page 5 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 ab initio. Presented by Approved as to form by Robert Leiter JoY ~,Mtt. orKnaeh~ny '~ Planning Director ~ * Recorded 3/23/98 Document #98-0154721 Resolution 18908 Page 6 Exhibit A ~, EAST "H" STREET / . ,, . ~-,., -._ . _ ! PROJECT - - L01" _,~ , ,~ .... ' ,> ~. 'Z ,, ' ~ ', / ~ ' '/"' CHULA VISTA PLANNING DEPARTMENT LOCATOR ~o,~c'r Lln~Sm~ (~ ~: A~o~e~oots CONDI~ON~ USE PERM~ NOR~ ~ ~ ~11 Resolution 18908 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of February, 1998, by the following vote: AYES: Councih'nembers: Moot, Padilia, and Horton NAYES: Councih'nembers: None ABSENT: Councilrnembers: None ABSTAIN: Councilmernbers: Rindone and Salas Shirley/H/ r~on, Mayor ATTEST: ~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18908 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of February, 1998. Executed this 24th day of February, 1998. Beverly/~ Autl~elet, City Clerk