Loading...
HomeMy WebLinkAboutReso 1994-17489RESOLUTION NO. 17489 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING A CONDITIONAL USE PERMIT TO THE STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT, ALLOWING OPERATIONS OF AN EMPLOYMENT ASSISTANCE FACILITY WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on February 14, 1994 by Western Devcon, property owner, as agent for the State of California, Employment Development Department ("Applicant"); and, WHEREAS, said application requests approval of a conditional use permit (PCC-94-38) to establish a public/quasi-public unclassified use of an employment education and assistance office in the PC (EP-1 B) Zone ("Project") in Rancho del Rey at 1045 Tierra Del Rey ("Project Site" or alternatively "Property") pursuant to the Planned Community District regulation for the Rancho Del Rey Business Park; and, WHEREAS, the Planning Commission held a public hearing on April 27, 1994 to consider subject request and voted 4-0-2-1 recommending that the City Council approve subject Project; and, WHEREAS, the City Clerk 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 ten (10) days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely May 17, 1994 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, WHEREAS, the City Council considered the Final Environmental Impact Report-87-1 Rancho del Rey SPA I {FEIR) and the addendum thereto for the Employment Development Department ("FEIR-87-1 Rancho del Rey SPA I - Employment Development Department") pursuant to Section 15164 of the California Environmental Quality Act. NOW, THEREFORE, THE CITY COUNCIL OF THE City of Chula Vista does hereby find, resolve, determine and order as follows: SECTION 1. Conditional Use Permit Findings. Pursuant to the requirements of Section of the 19.14.080 the City Council makes the following findings required for the granting of a conditional use permit as follows: The proposed use is desirable at the proposed location in that it will provide employment training and assistance to the Chula Vista and Resolution No. 17489 Page 2 SECTION 2. Southbay region at a location that is easily accessible to the general public and which provides adequate parking. Therefore, 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 proposed use of the site as an employment training and assistance center will not pose any danger to the general public health, safety and welfare in that no toxic substances will be used on the site, there is adequate ingress and egress and the amount of traffic is within the scope of the analysis done as part if the environmental assessments for Rancho del Rey. Therefore, 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. Compliance with all applicable conditions, codes and regulations is required prior to issuance of relative permits, including but not limited to, design review and building permits. Therefore, the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed Project is consistent with the General Plan Land Use Designation (Research & Limited Industrial) of the City of Chula Vista in that the Rancho del Rey Development Regulations allow subject use upon issuance of a conditional use permit. Therefore, 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 City Council hereby grants the conditional use permit PCC-94-38 and thereby grants permission to use the subject property as an employment service and training center, including providing job services (such as job listings, job search workshops, and labor market information services); unemployment and disability insurance services (including process and payment of claims to unemployed or disabled individuals); job training; and tax collection and other miscellaneous administrative services, subject to the following conditions: Applicant shall comply with and implement all requirements of the Chula Vista Municipal Code and applicable Fire Department and Building Department requirements, as appropriate. Prior to occupancy, applicant shall arrange a security survey with the Chula Vista Police Department, Crime Prevention Unit, and implement any suggestions resulting from said survey. Applicant shall submit proof of the implementation of said survey to the Director of Planning prior to occupancy, where applicable. ,F[ Resolution No. 17489 Page 3 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. This conditional use permit shall become void and ineffective if the same is not utilized within one year from the date of this resolution 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. SECTION 3. CEQA Evaluation. This Project, conditionally permitting the Property located at 1045 Tierra del Rey to be used as a public-quasi public facility (employment assistance), is part of a larger project for which Final Supplemental Environmental Impact Report, to wit FEIR 87-1, has been prepared and certified by this Council, and is adjacent to the Rancho del Rey "power center" project for which a Final Supplemental Environmental Impact Report, to wit: FSEIR 92-02, was prepared and certified by this Council. FEIR 87-1 consited of Final Environmental Impact Report (FEIR 87-1) SCH #87070102, dated October 19, 1987 which contained (1) Draft EIR-87-1; (2) Comments on the Draft and Responses; (3) one addenda; (4) Appendices (A through J) to the Environmental Impact Reports. FSEIR 92-02 consisted of "FEIR 92-02", dated October 5, 1992, SCH #92051032, which contained (1) Final EIR 92-02; (2) Comments and Responses on the Draft EIR 92-02; (3) Appendices to Responses and Comments, A through D, inclusive; (4) Appendices 12.1 through 12.7 to the FEIR 92-02; (5) Errata Sheet for FSEIR for Rancho del Rey Commercial Center; The FEIR 87-1 and the addendum entitled "Second Addendure to FEIR 87-1, Rancho del Rey SPA I, Employment Development Department" ("Second Addendure") as well as FSEIR 92-02, has been reviewed and considered by the City Council of the City of Chula Vista; and, The FEIR 87-1, herewith defined to include the Second Addendum is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines. !]1 1' Resolution No. 17489 Page 4 The City Council accepts and approves the Second Addendum to FEIR-87-1 Rancho del Rey SPA I - Employment Development Department; and finds in accordance to the Second Addendure to FEIR-87-1 (IS-94-23) that the traffic impacts associated with the proposed project would be lower than anticipated in the previous FEIR (460 new ADT vs. 600 in the previous analysis) and that all other public services would be effected the same as the previous analysis and no further changes would be required in conclusions, findings, and mitigation measures. The project site was previously graded and there will be no further impacts to natural resources. The City Council concurs in the conclusion expressed in the Second Addendure that the Project will not create any new environmental impacts that have not been fully and adequately analyzed in FEIR-87-01 and the First and Second Addendure. A. Re-Adoption of Findinqs. The Council does hereby approve and incorporate as if set forth full, and make each and every one of the CEQA Findings set forth in Council Resolution Nos. 13393, adopted December 15, 1987 (87-1 adopting CEQA findings), 13389, adopted December 15, 1987 (87-1 adopting Statement of Overriding Considerations); and 16900 (92-02) adopted November 24, 1992. B. Certain Mitiaation Measures Feasible and Re-Adopted. As more fully identified and set forth FEIR-87-1 and FSEIR-92-2, and the Second Addendure, Council readopts the findings that, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in FEIR-87-1 or the resolution approving same (Resolution No. 13393), are feasible and will become binding upon the appropriate entity such as the Applicant, the City, or other special districts which has to implement these specific mitigation measures. C. Feasibility of Alternatives. The Council has previously concluded that alternatives to the project evaluated under FEIR-87-1 were found not to be feasible, and the approval of this Project and the adoption of the Second Addendure does not change that conclusion, herein incorporated by reference. D. Adoption of Mitiqation Monitorina Proqram. As required by the Public Resources Code Section 21081.6, City Council hereby determines that the Mitigation Monitoring and Reporting Program ("Program") adopted in and set forth in the resolution adopting FEIR-87-1, and incorporated herein by reference as set forth in full, is fully adequate for this Project. The City Council finds that the Program ' II IF ' Resolution No. 17489 Page 5 is designed to ensure that the Project implementation and operation, the Applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program. Statement of OverridinQ Considerations. The City Council, when it adopted I=EIR-87-1, originally concluded that after the adoption of all feasible mitigation measures, certain significant environmental affects caused by the project or cumulatively will remain. The City Council of the City of Chula Vista, pursuant to CEQA Guidelines Section 15093, adopted a Statement of Overriding Considerations by Resolution 13389 identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. The approval of this Project does not change the conclusions of the Council in the findings made in such Statement of Overriding Considerations. Notice of Determination. City Council directs the Environmental Review Coordinator to post a Notice of Determination and files the same with the County Clerk. Presented by // , , ~ Robert A. Leiter Director of Planning Appr0'~ d as to for by Resolution No. 17489 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of May, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Vi~'ki C. Soderquist, Dep;J'~y,,City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 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. 17489 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of May, 1994. Executed this 17th day of May, 1994. Vicki C. Soderquist, Deputy,~City Clerk ' II I['