HomeMy WebLinkAboutReso 1993-17165 RESOLUTION NO. 17165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CONDITIONAL USE PERMIT PCC-93-39, A
REQUEST TO ESTABLISH A SHORT-TERM, TRANSITIONAL HOUSING
PROJECT FOR HOMELESS FAMILIES AT 31 FOURTH AVENUE IN THE
R-3 ZONING DISTRICT
WHEREAS, a duly verified application for a conditional use permit was filed
with the Planning Department of the City of Chula Vista on April 28, 1993 by
South Bay Community Services ("Applicant"); and,
WHEREAS, said application requests approval of a conditional use permit
(PCC-93-39) to establish a short-term, transitional housing project for homeless
families for a maximum of 43 residents and one resident manager in the R-3 Zoning
District ("Project") at 31 Fourth Avenue ("Project Site"); and,
WHEREAS, the Planning Commission held a public hearing on June 23, 1993
and voted 7-0-0 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. July 13, 1993 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 and Addendum issued
on IS-93-36.
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 and Addendum issued on IS-93-36.
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
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory.
Resolution No. 17165
Page 2
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 19.14.080 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-93-39 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, apartment complex in place, and the service to be
provided by South Bay Community Services will contribute to the
community by providing short-term, transitional housing for homeless
families in 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-93-39 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 the project is residential in nature and
will not negatively impact parking, circulation, services or
residences in the project's vicinity.
4. That the proposed use will comply with the regulations and conditions
specified in this code for such use.
The conditional approval of PCC-93-3g 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, will not generate excessive traffic, and provides
adequate off-street parking in accordance with the Planning
Commission determination, pursuant to the Chul a Vista Municipal
Code, Section 19.54.050. The Planning Commission further finds that
this is a quasi-public use and not enumerated in Section 19.62, and,
therefore, based on staff analysis, 18 parking spaces is an
appropriate amount of parking for this use.
Resolution No. 17165
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-93-39 will not adversely affect the
General Plan of the City of Chula Vista in that quasi-public uses
are unclassified, which are allowed in any zoning district upon
approval of a conditional use permit.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants conditional use
permit PCC-93-39 subject to the following conditions whereby the applicant shall:
1. Comply with and implement all requirements of the Chula Vista Municipal
Code and applicable Fire Department and Building Department requirements,
as appropriate.
2. 'Prior to occupancy, submit the rules for residency to the Director of
Planning for review and approval, and maintain compliance throughout
occupancy.
3. Perform a study of and implement a solution to the potential courtyard
drainage problem, to the satisfaction of the City Engineer.
4. Transport all school aged children to their current school of attendance.
In the event a child must attend a school within the Chula Vista
Elementary School District, said child shall attend the school determined
by the District, based on space availability.
5. Implement the suggestions of the Chula Vista Police Department security
survey dated May 14, 1993, in order to enhance the security of the
facility.
6. 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.
7. This conditional use permit shall become void and ineffective if not
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.
8. This conditional use permit shall be reviewed by the Zoning Administrator
at the end of the first and second years of operation following occupancy
with written report to the City Council. Notice of the review shall be
given to all property owners within 1,000 feet plus any residents who
submitted letters or spoke at the public hearing. The Zoning
Resolution No. 17165
Page 4
Administrator may refer the permit to the Planning Commission for public
hearing, i f the Zoning Administrator determines there are reasonable
grounds to revoke, modify existing conditions, or add additional
conditions. Following the two year period, the permit will no longer be
subject to this special annual review requirement, but only normal City
monitoring.
That a copy of this resolution be transmitted to the applicant.
xastoll~ m b
Presented by Appr ~ J
Robert A. Leiter ruce M. Boogaard
Director of Planning City Attorney .
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Page 5
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 13th day of July, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Nader
NOES: Councilmembers: Moore
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Rindone
ATTEST:
Be~verly~ ~' -~~
· 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 fore9oin9 Resolution No. 17165 was duly passed, approved,
and adopted by the City Council held on the 13th day of July, 1993·
Executed this 13th day of July, 1993.
Beverly A. Authelet, City Clerk