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HomeMy WebLinkAboutReso 1994-17629RESOLUTION NO. 17629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING CONDITIONAL USE PERMIT PCC-94-48 TO ESTABLISH FOR AN INTERIM PERIOD OF FIVE YEARS A PRIVATE SCHOOL AT 625 OTAY LAKES ROAD AND AUTHORIZING EXECUTION OFAGREEMENTTO REMOVE SAME AT END OF CUP PERIOD WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on June 16, 1994 by Bonita Country Day School; and, WHEREAS, said application requests approval of a conditional use permit (PCC-94-48) to establish for an interim period of five years a private school serving up to 140 pre- kindergarten through sixth graders located at 625 Otay Lakes Road in the P-C zoning district; and, WHEREAS, the Environmental Review Coordinator has determined that previously conducted EIR-79-2 and subsequent Addendum EIR-79-2(b} provide adequate environmental analysis of possible impacts, and no further analysis is necessary; and, WHEREAS, the Planning Commission held a public hearing on August 10, 1994 and voted 4-0 to recommend that the City Council approve the project based on the findings and subject to the conditions contained herein; and, WHEREAS, the City Clerk set the time and place for a hearing on said application and notice of said 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 within an area of 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 23, 1994 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: CUP Findings. That the Council makes 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 that permits the stated finding to be made. 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 interim use of this site will allow the school to continue to offer an educational alternative and service to the community pending the location of appropriate permanent facilities. ' II '] Resolution No. 17629 Page 2 II. 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 site plan has been designed and conditioned to avoid potential noise impacts to nearby residences, and architectural enhancements and landscape screening have been utilized to diminish any potential negative aesthetic impacts considering the interim nature of the use. That the proposed use will comply with the regulations and conditions specified in the code for such use. The project will be required to comply with all applicable codes, conditions, and regulations prior to the issuance of development permits, and on a continuing basis thereafter. 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 approval of this permit as conditioned is consistent with City policies and the General Plan. Conditional Grant of Permit; Conditions The City Council hereby grants Conditional Use Permit PCC-94-48 for a term to expire on August 24, 1999, subject to the following conditions whereby the applicant shall: Assure that all site improvements are installed, inspected, and approved prior to occupancy of the site or buildings, except as otherwise provided in the phasing plan set forth below: PHASE OI~ * Install all underground utilities * Install phase one buildings (4 classrooms, multi-puzpose room, office) * Install all blacktop walkways and court areas * Install crushed aggregate between buildings (not visible, fire safety) * Connect all facades and soffets, where applicable * Complete all grading including berms Completion date September 19, 1994 at which time the buildings are occupied for regular classes and the normal activities associated with school. PHASE TWO * Install sand pit play area and fenring around play area * Install fieHis and pergolas as specified by final design review of DRC * Install landscaping on berm as specified on landscaping plan * Plant lawn in courtyard * InstaR temporary fence and pergolas in area of buildings 7, 8 and 9 II '1 Resolution No. 17629 Page 3 De Ee Commencement date September 19th. Completion date October 31, 1994. PHASE THREE * Complete landscaping as per the landscaping plan Commencement date November 1st. Completion date December 15, 1994. Ensure that the proposal complies with the parameters of the use outlined in the application and supplemental materials submitted therewith including, but not limited to, the following: 2. 3. 4. 5. Enrollment is limited to 140 students; School hours shall be limited to between 8:30 a.m. and 2:30 p.m., Monday through Friday; Extended childcare hours for students only may be provided between 7:00 -8:30 a.m. and 2:30 -6:00 p.m., Monday through Friday; Outside activities shall be limited to the hours between 10:15 and 10:45 a.m., and 11:15 a.m. and 1:30 p.m.; Students shall not be allowed on the northerly portion of the property between the buildings and the condominiums to the north. Relocate either building No. 5 or No. 6 to future building site No. 7 as shown on the plot plan submitted with the application (or, as an alternative, place an additional building on future site No. 7 or establish a minimum 6 ft. high solid fence connecting building Nos. 4 and 5). Prior to the issuance of a building permit, execute and cause the property owner to execute' an agreement to remove the modular buildings within a reasonable time not to exceed four months after the conditional use permit terminates, either by expiration or revocation, such agreement to be secured to the satisfaction of the City Attorney. Comply with the plans and any conditions approved by the Design Review Committee (DRC-95-01). Submit and secure City approval of detailed landscape and irrigation plans, and plans and specifications for all outdoor play equipment and any proposed signage for review and approval by the Zoning Administrator. Comply with state licensing and certification requirements, and all codes and requirements of the City of Chula Vista. Ill. Additional Terms and Provisions of Grant. A. This permit shall be subject to any and all new or modified 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 ' II 1 Resolution No. 17629 Page 4 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. The City Council shall have the authority to extend the term of this Permit, on the condition that the applicant shall submit and secure approval of any application for an extension of the permit at least one year prior to the expiration date (August 24, 1998). Otherwise, a new application shall be required. 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 condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. IV. Authority to Negotiate and Execute Agreement. The City Manager, or his designee, is hereby authorized to negotiate and execute an agreement in a form satisfactory to the City Attorney providing for the removal of the modular buildings as required by Condition No. 5. Upon execution by the Owner and Applicant, a copy thereof shall be assigned a contract number by the City Clerk and kept on file in the Office of the City Clerk according to the document retention program. V. The Planning Director shall provide a copy of this resolution to the applicant. Presented by Robert A. Leiter Director of Planning II 'I Resolution No. 17629 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of August, 1994, by the following vote: YES: Councilmembers: Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Fox ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) SS. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17629 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of August, 1994. Executed this 23rd day of August, 1994. Beverly A/.. Authelet, City Clerk