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HomeMy WebLinkAboutReso 1995-17904 RESOLUTION NO. 17904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING A REQUESTED TIME EXTENSION BUT APPROVING A REQUESTED EXPANSION OF AN EXISTING CONDITIONAL USE PERMIT (PCC-94-09) TO COVENANT CHRISTIAN SCHOOL TO OPERATE A PRIVATE SCHOOL AT 2400 FENTON STREET WITHIN THE EASTLAKE BUSINESS CENTER 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 commonly known as 2400 Fenton Street, and for the purpose of general description herein consisting of 1.25 acres located on the south side of Fenton Street, within the EastLake Business Center ("Project Site"); and, B. Project; Application for Modification to Conditional Use Permit WHEREAS, a duly verified application for a modification of Conditional Use Permit PCC-94-09 was filed with the City of Chula Vista Planning Department on November 21, 1994 by Covenant Christian School; said modification requesting an extension of the term of the permit from June 1996 through September 1999, and expansion of the school to include the second floor (the "Project"), and C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 12, 1995 and voted 5-0 to recommend that the City Council deny the extension but approve the expansion for the existing term of the permit in accordance with Resolution PCC-94-09(M); and, the Commission further recommended that staff work with the applicant in finding a suitable permanent EastLake location during the upcoming planning efforts for EastLake Ill, and that staff be given the ability near the expiration date of the permit to grant a modest extension of perhaps six to twelve months provided the school can document that they are actively pursuing a permanent site (see discussion under Alternatives). D. 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 June 20, 1995 to receive the recommendation of the Planning Commission and to hear public testimony with regard to same. E. Environmental Exemption WHEREAS, the Environmental Review Coordinator determined that the proposal ,' is exempt from environmental review under CEQA as a Class 1 exemption, the ! operation of an existing facility. Resolution No. 17904 Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: Ih 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 April 12, 1995, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. 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 or denial of conditional use permits or modifications thereto, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding 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 site does not represent a suitable location for the school to continue operations beyond the existing approved term due to the potential for conflict with anticipated development in the area, including the recently approved High Tech/Bio Tech program. Several sites have and will in the future be reserved for Community Purpose Facilities in the eastern territories. The proposed expansion, within the existing approved timeframe, will allow the school to consolidate their operations and should pose no additional impacts as conditioned for the present term of the permit. 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. Current plans for the area are expected to provide additional incentives for and attract industrial users. These users are not expected to be compatible with a school use, and conflicts and/or perceived conflicts between the two different types of land use could be detrimental to implementation of the plans and the health, safety, or general welfare of persons working in the vicinity as well as the children attending the school. The interim expansion of the existing facility under the originally approved permit term should not prove detrimental to either persons in the vicinity or the clients of the school. The second floor was previously occupied by another private school. Resolution No, 17904 Page 3 C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The expansion, as conditioned, will be required to comply with all applicable regulations, codes, and requirements. D. 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. With the approval of the interim expansion and the implementation of all conditions, the use will be consistent with the General Plan and the EastLake PC District regulations. IV. CONDITIONS OF GRANT OF EXPANSION OF PERMIT The City Council hereby grants the requested modification of Conditional Use Permit PCC-94-09(M) to expand current K-12 grade school-type operations at 2400 Fenton Street to include the second floor, subject to the following terms whereby: A. Occupancy. The occupancy of the building by Covenant Christian shall not exceed the staff/student figures provided by the applicant, i.e. 34 staff and 280 total students. B. Recreational Facilities. The applicant shall provide proof of the continued availability of Scobee Park for outdoor recreational purposes prior to expanded occupancy. C. Original Conditions, This permit shall continue to comply with all other original conditions of approval for PCC-94-09 not in conflict with the above, as stated in Resolution No. 17324, D. Post-Approval Conditions. This permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which 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 can not, in the normal operation of the use permitted, be expected to economically recover. E. Time to Commence Use, 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, F. This permit shall expire on June 30, 1996, and that thereafter, the applicant ~ will no longer be allowed to continue the use herein permitted after this date. Resolution No. 17904 Page 4 Applicant is hereby advised that the duration of this permit may not provide the applicant with an opportunity to receive a reasonable return on any investment that requires a ~onger amortization term than allowed by this permit. Any such investment will be made at the Applicant's risk. That notwithstanding, the Zoning Administrator is vested with the power, to be exercised in the last quarter year preceding June 30, 1996, to grant an extension of term, not to exceed 12 months, on such conditions as he/she shall deem just, upon proof being supplied to the Zoning Administrator that Applicant has taken meaningful steps to relocate elsewhere. Disputes with the Zoning Administrator's exercise of this power may be appealed directly to the City Council. Any extensions beyond the term herein granted, as extended by the Zoning Administrator, may only be granted by the City Council, and then only on an application filed within 6 months of expiration of the term (as same may be administratively extended). V. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. VI. 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 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. The authority of this resolution to use the property in the manner herein permitted shall be suspended if challenged pending final resolution of the challenge. Robert A. Leiter M. Boogaar Director of Planning City Attorney Resolution No. 17904 Page 5 ~.- PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1 lth day of July, 1995, by the following vote: YES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NOES: Ceuncilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ' ~ ~H~rton, Mayor ATTEST: Beverly . Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. 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. 17904 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1 lth day of July 1995. Executed this 1 lth day of July, 1995. Beverly A.lAuthelet, City CleLrk