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HomeMy WebLinkAboutReso 1993-17325RESOLUTION NO. 17325 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION AND ISSUING A CONDITIONAL USE PERMIT PCC~94- 09 TO USE 2400 FENTON STREET IN THE EASTLAKE BUSINESS CENTER AS A PRIVATE SCHOOL UNTIL JUNE 30, 1996, SUBJECT TO POSSIBLE EXTENSION WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 18, 1993, by Covenant Christian School; and, WHEREAS, said application requested approval to establish and operate a private school for a minimum five-year period at 2400 Fenton Street (APN 595-232- 11) ("Subject Property") in the EastLake Business Center ("Project"); and, WHEREAS, the City's Planning Commission has the authority to grant conditional use permits for certain uses over the Subject Property pursuant to the authority of Ordinance No. 2522 adopted by the City Council on June 30, 1992, being the EastLake I Planned Community District Regulations, as amended; and, WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit 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 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. October 27, 1993, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, on October 27, 1993, the Commission voted 5-2 to approve the conditional use permit for a five year period, based on the findings and subject to the conditions contained in Resolution PCC-94-09, a signed copy of the resolution was filed with the City Clerk on November 3, 1993; and, WHEREAS, on November 11, 1993, and within the time to file an appeal, an appeal from the decision of the Planning Commission was filed by Bonita Country Day School; and, WHEREAS, said appeal was based on claims that the child welfare, security and safety issues associated with the proposed use have not been adequately addressed; that the Planning Commission's decision was based on accepted planning practice that does not address the unique circumstances of this project, and that the basis for the approval of the five year permit term was the business agreement between the building owner and Covenant Christian School; and, WHEREAS, the City Clerk set the time and place for a hearing and said appeal 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 Resolution No. 17325 Page 2 property owners within 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 4:00 p.m. Tuesday, December 7, 1993, in the Council Chambers, 276 Fourth Avenue, before the City Council. WHEREAS, this Resolution is passed pursuant to the authority of Section 19.14,130 by which the City Council may affirm, reverse or modify in whole or in part any determination of the planning commission upon the hearing of such appeal, subject to the same limitationsd and requirements of finding as are placed upon the planning commission by said Chapter 19.14. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as follows: SECTION 1. CEQA Consideration. The City Council does hereby confirm and endorse the determination of the City's Environmental Review Coordinator that, and hereby finds on its own behalf, that the Project is exempt from environmental review as a Class l(a) exemption under Section 15301 of the CEQA Guidelines. SECTION 2. Conditional Use Permit Findings. Pursuant to the requirement of Section 19.14.130, the City Council makes the following findings, presented in bold lettering, as specified in Section 19.14.080 as follows, based on the evidence therein below set forth: 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 represents a suitable interim location for the school to continue to meet the private educational needs of the community provided the circumstances which favor approval at this time are subject to review and reconsideration in five years time to determine i f the development of the surrounding area and/or any changes in the plans or regulations of the Business Center may result in a conflict in uses. That such use will not under the circumstances of the particular case, be detrimental the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. T Resolution No. 17325 Page 3 The present lack of development immediately surrounding the site should ameliorate any potential conflicts between uses. The permit, as conditioned, will further ensure compatibility with co-tenants and other properties within the Business Center, and will allow review and reconsideration of these circumstances within two years time. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The approval of the permit, as conditioned, will require the use to comply with all applicable regulations, codes and requirements. 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 this permit and the implement of all conditions, the use will be consistent with the General Plan and EastLake PC District regulations. SECTION 3. Grant of Use Permit on Specified Conditions. The City Council hereby grants permission to the Owner of the Subject Propert to use the Subject Property to establish and operate a private school until June 30, 1996, subject to the following conditions: Term. The permit is approved for a period ending June 30, 1996 and subject to periodic review during that period of time. The permit may be considered by the City Council for renewal and extension beyond that date provided a written request therefor, along with the required fee, exhibits and information, is received, deemed complete and approved by June 14, 1995. The primary factors to be considered in renewing and extending the permit is {1} whether there exists, or there is expected in the near future to exist, within the EastLake Business Park a demand for sites by users which, by virtue of requirements of law involving the siting of hazardous waste generating uses with a given distance from an operating school, may require such prospective users to engage in costly and time consuming studies and reports before such use may be allowed, and (2) the potential for conflict with surrounding development and/or any changes in the plans for the Business Center. I ! lit Resolution No. 17325 Page 4 Traffic and Parking. Prior to occupancy the property owner shall submit to the Director of Planning a program to avoid traffic conflicts and allocate parking between the two schools and any other potential building tenants per City standards. Said program shall be agreeable to and signed by representatives from both schools, or shall be shown to be legally enforceable by the property owner/landlord. Physical Education. Prior to occupancy the applicant shall submit a schedule of outdoor recreational and physical education activities which conforms with the parameters of use approved by the EastLake Business Center Owners Association; the applicant shall provide proof satisfactory to the Director of Planning that legally enforceable rights to suitable outdoor recreational and physical education facilities have been obtained for the duration of the permit. Loss of such facilities shall be grounds for revocation of the permit. Occupancy. The occupancy of the building by Covenant Christian shall not exceed the staff/student figures provided by the applicant, i.e., 24 staff and 208 total students consisting of 122 students in grades K-6, 46 students in grades 7-9, and 40 students in grades 10-12, and/or the number of staff/students indicated by the parking allocation program, whichever is less. Restriction on Outside, On-Site Uses. All on-site school activities, including recess and recreation, and pre-school and post-school activities, shall be limited to the inside of the building. Crossing Guards. Trained, uniformed adult crossing guards shall be provided at the intersection of Fenton Street and Lane Avenue to oversee and protect the children on all trips to and from Scobee Park. Code Compliance. Prior to occupancy the school shall comply with all of the codes, requirements and conditions imposed by the Department of Building and Housing and the Fire Department. Interim Use Acknowledged. By the acceptance of this permit, the applicant acknowledges that the school has been approved as an interim use, and its occupancy of the facilities at 2400 Fenton Street shall in no way restrict the use of adjacent properties from uses otherwise deemed appropriate under the Business Center PC District Regulations. Post-Approval Conditions. This permit shall be subject to any and all new, modified, or deleted conditions imposed Resolution No. 17325 Page 5 after approval of this permit 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 revenues source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 10. 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 lg.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. failing any of which conditions, or failing the continued maintenance of same as the condition may requi re, this permit, shall, following a public hearing by the City Council at which the Applicant or his successor in interest is given notice and the opportunity to appear and be heard with regard thereto, be terminated or modified by the City Council. SECTION 4. Denial of Appeal. The City Council does hereby deny the appeal Day School. of Bonita Country Presented by Robert Leiter Director of Planning ~ ve as io fom b~ Resolution No. 17325 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Rindone, Nader Tim Nader, Magor ATTEST: Vicki C. S~derquist,~u y City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17325 was duly passed, approved, and adopted by the City Council at a meeting of the Chula Vista City Council held on the 14th day of December, 1993. Executed this 14th day of December, 1993. Vic i C. So erquist, ~y City Clerk T!