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HomeMy WebLinkAboutReso 1993-17123 RESOLUTION NO. 17123 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING PCC-93-26, A REQUEST FOR A CONDITIONAL USE PERMIT FOR A CONTINUING EDUCATION/UNIVERSITY FACILITY AT 660 BAY BOULEVARD IN THE I (GENERAL INDUSTRIAL} ZONING DISTRICT WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on January 28, 1993 by Foster Properties, a General Partnership {"Applicant"} in connection with a proposed lease to National University; and, WHEREAS, said application requests approval of a conditional use permit {PCC-93-26} to allow a continuing education/university facility for 150 students and 10 staff per day of operation in an existing structure in the I {General Industrial} zoning district {"Project"} at 660 Bay Boulevard {"Project Site"} {Attachment "A" in the Staff Report}; and, WHEREAS, the Planning Commission held a public hearing on April 28, 1993 and voted 4-to-l-to-2 recommending that the City Council approve subject Project; 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 1,000 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., May 18, lg93 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, WHEREAS, the Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-93-28. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby find: 1. That the project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-93-28. The City Council hereby finds that the Project will have no significant environmental impacts in that the Project does not have: A. The potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of ' II IF Resolution No. 17123 Page 2 a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. B. The potential to achieve short-term, to the disadvantage of long term, environmental goals. C. Impacts which are individually limited, but cumulatively considerable. D. Effects which will cause substantial adverse effects on human beings, either directly or indirectly. The following findings are required pursuant to Section lg.14.080 of the Municipal Code: 2. That the proposed use at the particular 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 conditional approval of PCC-93-26 at the proposed location is necessary and desirable in order to provide a service which will contribute to the general well being of the community in that there is an existing, under-utilized facility in place, and the service to be provided by National University will contribute to the community by providing an educational facility for the South Bay area. 3. 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 conditional approval of PCC-93-26 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 project vicinity or injurious to property or improvements in the project vicinity in that class hours and business hours do not conflict and adequate ingress, egress and parking are provided thus minimizing the possibility of traffic and parking conflicts. 4. That the proposed use will comply with the regulations and conditions specified in this code for such use. The conditional approval of PCC-g3-26 complies with the regulations and conditions of the Municipal Code in that the project is conditioned to comply with the requirements of all applicable City departments and will not generate excessive traffic and will provide 85 off-street parking spaces in accordance wit the Planning Commission determination, pursuant to the Chula Vista Municipal Code, Section 19.62.050. l Resolution No. 17123 Page 3 5. 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 conditional approval of PCC-g3-18 will not adversely affect the General Plan, the Bayfront Redevelopment Plan, or the Local Coastal Program {LCP} of the City of Chula Vista in that universities are unclassified uses which are allowed in any zoning district upon approval of a conditional use permit. The recently approved LCP Amendment No. 11 has make the proposed use a conditionally permitted use under the LCP. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants conditional use permit PCC-93-25 subject to the following conditions whereby the applicant shall: 1. Improve the Project Site with the Project for a maximum of 150 students and 10 staff per day of operation. 2. Submit an application to amend this conditional use permit and the Negative Declaration issued on IS-93-28 at such time as National University plans to enlarge the student and staff population beyond 150 students and 10 staff. If it cannot be shown that parking is adequate, National University shall limit its student and staff population to the maximum approved at that time. 3. Prior to allowing occupancy by National University: A. Provide a minimum of 8 bike parking spaces {1 space for every 20 students), the location of which shall be approved by the Director of Planning. B. Comply with and implement all requirements of the Chula Vista Municipal Code and applicable Fire Department and Building Department requirements, as appropriate. C. Paint the curbs at the southern and northern entrances red and post "NO PARKING" signs. 4. This permit shall be subject to any 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 source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 5. This conditional use permit shall be in full force and effect during the term of the lease between Applicant and National University for the use specified herein, and any extensions thereof. 6. This conditional use permit shall become void and ineffective if not Resolution No. 17123 Page 4 utilized within one year form 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. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants conditional use permit PCC-93-25 subject to the adoption of the required Coastal Development Permit to allow subject use in the I {General Industrial} Zone as a conditional use. That a copy of this resolution be transmitted to the applicant. Presented by roe as to o Robert A. Leiter Bruce M. Boogaar · t d Director of Planning City At orney 1 !1 Resolution No. 17123 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of May, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: 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. 17123 was duly passed, approved, and adopted by the City Council held on the 18th day of May, 1993. Executed this 18th day of May, 1993. II I1' '