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HomeMy WebLinkAboutPCC 2013-006RESOLUTION NO. PCC -13 -006 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT, PCC -13 -006 TO REHABILITATE AN EXISTING PRIVATE TRAINING FACILITY SITE FOR MENTALLY AND PHYSICALLY DISABLED PRESCHOOLERS AND ADULTS. THE PROJECT CONSISTS OF THE FOLLOWING: 1) 2,205 SQUARE -FOOT ONE -STORY OFFICE ADDITION TO THE EXISTING TWO -STORY BUILDING TO REMAIN; 2) 14,662 SQUARE -FOOT ONE -STORY MULTI - PURPOSE BUILDING AND CLASSROOMS; 3) 1,231 SQUARE -FOOT ONE -STORY PRE- SCHOOL BUILDING, AND ASSOCIATED OPEN SPACE AREAS AT 1280 NOLAN AVENUE WHEREAS, on March 4, 2013, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Arc of San Diego ( "Applicant "); and WHEREAS, the application requests approval of a Conditional Use Permit to rehabilitate an existing private training facility site for mentally and physically disabled preschoolers and adults on approximately 2.3 acres ( "Project "); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 1280 Nolan Avenue ( "Project Site "); and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to Section 15332, In -Fill Development Projects of the State CEQA Guidelines. Thus, no further environmental review is required and; WHEREAS, the Director of Development Services set the time and place for a hearing on the Conditional Use Permit application, and notice of the hearing, together with it purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents 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 July 24, 2013 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby makes the following findings: Resolution PCC 13 -006 Page 2 July 24, 2013 1. That the proposed use at this 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. This proposal will continue to provide a private training facility for mentally and physically disabled preschoolers and adults and provide additional classroom and multi - purpose area for the facility's operation. The provision of these services in proximity to nearby residents contributes to the general well -being of the neighborhood and community. 2. 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 proposed private training facility and pre- school daycare will not result in any negative impacts to health, safety or general welfare. These uses currently take place on the site. There will be no change to the number of students /children. The use will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista. The private training facility and pre- school daycare uses are consistent with the types of quasi public uses that are allowed within the Single - Family RI Zone. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use is located in a Single - Family Residential RI Zone, which allows the operation of private training and pre - school daycare uses, subject to issuance of a Conditional Use Permit. The facility will comply with required development and operating regulations, including setback standards and parking requirements contained in the Chula Vista Municipal Code ( "Municipal Code "). 4. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, or the adopted plan of any government agency. The project site is designated and zoned for Single - Family Residential uses in the 2005 General Plan. The operation of a private training and pre- school daycare use at this location is consistent with the stated policies of the General Plan. This Conditional Use Permit is in compliance with the General Plan policy of providing adequate public and semi - public uses within all areas of the city. Therefore, the use, as proposed, is consistent with the General Plan and the Single- Family Residential Zone. BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves the Conditional Use Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Development Services Director, or designee, prior to issuance of building permits, unless otherwise specified: Resolution PCC 13 -006 Page 3 July 24, 2013 Planning Division 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1719. 3. Only activities associated with the private training center and pre- school shall take place entirely within the building and adjacent courtyards, unless a Promotional Event Permit is approved by the Development Services Department. 4. The private training center shall not exceed 260 adults with disabilities and the pre - school shall not exceed 25 children. The hours of operation shall be Monday through Friday from 7:30 a.m. to 5:30 p.m. 5. The Zoning Administrator shall have the authority to approve modifications to the hours of operations and total number of students attending the school in accordance with the Municipal Code regulations. Land Development Division/Landscape Architecture Division 6. The Applicant shall be required to pay Land Development Fees based on the final approved building plans for the project. • Sewer Connection and Capacity Fee • Traffic Signal Fee • Sewer Basin Development Impact Fee (DIF) • Other Engineering Fees as applicable in accordance with the Master Fee Schedule 7. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Street Improvement Plans 8. The proposed driveway shall comply with CVD -GR04 and CVCS -IA. The driveway shall also conform to City's sight distance requirements; landscaping, street furniture, and signs shall not obstruct drivers' visibility. 9. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. Resolution PCC 13 -006 Page 4 July 24, 2013 10. The storm water runoff generated at the site shall Management Practices comparable to permeable bioretention systems, flow - through planters, etc. 11. On -site drainage and sewer systems shall be private. be treated by implementing Best asphalt- concrete, unit pavers, 12. Any private facilities proposed within the public right of way or City easements will require an encroachment permit prior to Improvement Plan or Building Permit approval, whichever occurs first. 13. Developer must obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Grading Ordinance No. 1797. Developer shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Storm Water Management requirements, including, but not limited to, the following: a. Grading Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer. b. A Drainage Study, a Water Quality Technical Report (WQTR), and a Geotechnical /Soils Report are required with the first submittal of Grading Plans. C. A letter of permission to grade shall be required if the footings of the retaining walls encroach into the neighbor's property. d. If structural calculations for retaining walls do not conform to City of Chula Vista Construction Standards, CVCS -30 through CVCS -36, the Applicant shall provide full design standards to the satisfaction of the City Engineer. 14. Permanent storm water requirements, including site design, hydromodification, source control, and treatment control Best Management Practices (BMPs) shall be incorporated into the project design. Any structural and non - structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 15. Prior to issuance of any grading or building permits, whichever occurs first, the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMPs located within the project. 16. The applicant shall obtain a Construction Permit to perform the following work in the City's right -of -way, prior to Engineering's release of any Building Permit: a. Removal and replacement of broken or damaged curb, gutter, and sidewalk per San Diego Regional Standard Drawing SDRSD G -2, and G -7 along the project's frontages on Nolan Avenue and East Oneida Street. b. Removal and replacement of existing driveway with curb, gutter, and sidewalk. C. Removal and replacement of the pedestrian ramp at the southwest corner of East Oneida Street and Noland Avenue. d. The Public Works Operations Sewer Section will need to inspect any existing Resolution PCC 13 -006 Page 5 July 24, 2013 sewer laterals proposed to be used with the project and determine if they require replacement. e. Installation of one street light next to the proposed driveway along Nolan Avenue. 17. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 18. Prior to building permit approval, clearly show all proposed and existing underground systems, such as drainage, sewer and water, and how they connect to the public systems. Fire Department 19. This project will require a fire flow of 4,000 gallons per minute for a 4 -hour duration (at 20psi). 20. Prior to the approval of any building permit, the Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating fire flow is available to serve this project. 21. Prior to approval of any building permit, the Applicant shall provide a water supply analysis (technical report) to the Chula Vista Fire Department for review and approval. This report shall be a node to node analysis using the Hazen - Williams formula. The analysis shall show that the required fire flow is available at the hydrants and that simultaneously, the sprinkler demand is available at the most demand sprinkler riser. 22. Fire hydrants shall be located not greater than 300 feet apart. Based upon the minimum required fire flow and hydrant spacing a total of four hydrants are required to serve this project. Prior to building permit approval, the Applicant shall show all fire hydrants required to serve this project on the building permit plans. 23. Prior to any construction, all Fire Department access and water supply must be installed. 24. Automatic gates shall be provided with both an Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to operate the gate upon the loss of power. 25. Buildings shall be provided with two Knox appliances. • Provide a Knox Vault at the main entrance to the building • Provide a Knox Box at the fire control room 26. The buildings shall be addressed in accordance with the following criteria: • 0 -50 ft. from the building to the face of the curb = 6- inches in height with a 1 -inch stroke • 51 -150 ft. from the building to the face of the curb = 10- inches in height with a 1 '/z- inch stroke Resolution PCC 13 -006 Page 6 July 24, 2013 • 151 ft. from the building to the face of the curb = 16- inches in height with a 2 -inch stroke 27. Prior to occupancy, the Project is to be protected throughout by an approved automatic fire sprinkler system and an approved fire alarm system. 28. Prior to occupancy, the Project will be required to have a Fire control room. 29. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I hood and an automatic fire extinguisher system that is listed and labeled for its intended use. 30. The Applicant shall provide one fire extinguisher for every 3000 square feet and 75 feet of travel in any direction. Public Works, Environmental Division 31. Prior to the approval of the building permit, the Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with the Municipal Code, including but not limited to Section's 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by the residential developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The "Recycling and Solid Waste Management Plan" features shall be identified on the building plans. 32. Prior to the approval of any building permit, the Applicant shall submit the required performance deposit fee. IL The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Approval of the Conditional Use Permit shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit and (b) City's approval or issuance of any Resolution PCC 13 -006 Page 7 July 24, 2013 other permit or action, whether discretionary or non - discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 4. This Conditional Use Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego. Failure to sign the document shall indicate the Property Owner /Applicant's desire that the project, and the corresponding application for building permits and /or a business license, be held in abeyance without approval. Signature of Property Owner t _72w4 c - ignat e (o Applicant Date 66" •Z 7 Zoi 4 Date IV. GOVERNMENT CODE SECTION 66020(d)(1), NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so Resolution PCC 13.006 Page 8 July 24, 2013 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by: Eric Crockett Assistant Director of Development Services Approved as to form X e Goo r4i ty Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of July 2013, by the following vote, to -wit: AYES: Anaya, Calvo, Livag, Moctezuma, Spethman, Vinson NOES: ABSENT: ABSTAIN: J_ Chair AT EST- K 7 Pat Laughlin, S4retary J:\Planning \Caroline \Discretionary Permits\Arc of San Diego\PCC -13 -006 PC Reso