Loading...
HomeMy WebLinkAboutReso 1994-17499RESOLUTION NO. 17499 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING CONDITIONAL USE PERMIT PCC-94-40 TO ESTABLISH A SUBSTANCE ABUSE COUNSELING AND MONITORING PROGRAM FOR PROBATIONERS AT 249-257 BROADWAY WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on February 9, 1994 by Mental Health Systems; and, WHEREAS, said application requests approval of a conditional use permit (PCC-94-40) to allow a substance abuse counseling and monitoring program for probationers to be located at 249-257 Broadway in the C-T zoning district; and, WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as Class 1 (a) and Class 5 exemptions; and, WHEREAS, the Planning Commission held a public hearing on April 27, 1994 and voted 5-0 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 an area greater than 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 6:00 p.m., May 24, 1994 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby find: 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 conditional approval of PCC-94-40 is necessary and desirable in order to provide a service which will contribute to the general well being of the community by providing counseling and monitoring designed to reduce substance abuse and related crime. 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-94-40 should not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the program Resolution No. 17499 Page 2 and clients are well controlled and conditions have been included to address potential off-site impacts. That the proposed use will comply with the regulations and conditions specified in the code for such use. The project will be required to comply with all applicable codes, conditions, and regulations on a continuing basis. In approving this use, the Council finds that the use is similar to a church/office use in that the meeting room used for group counseling would represent a typical parking ratio of 1 per 3-1/2 seats or approximately four spaces for the counseling area, with a total of eight required parking spaces for the entire facility. 4. 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 granting of PCC-94-40 will not adversely affect the General Plan in that counseling facilities such as that proposed are permitted as an Unclassified Use upon approval of this conditional use permit by the City Council. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants conditional use permit PCC-94-40 subject to the following conditions whereby: a. The program shall comply with the descriptions and schedules submitted by the applicant unless otherwise modified by these conditions. b. The program shall comply with all applicable state and county licensing requirements and regulations for such programs. c. Eight of the fourteen on-site parking spaces shall be labeled and designated for the Probationers in Recovery program. d. Group sessions shall be limited to groups of 15 clients or less. e. A probation officer shall be on site at all times at which clients are present. f. No group activities shall take place on-site on weekends. g. Any client found or suspected to be under the influence of alcohol or illegal drugs shall be removed from the site and transported to the client's residence or to a County detoxification facility or to jail, per the policy statement which has been incorporated into the program description. h. Clients of the program shall not be allowed to loiter or congregate in the vicinity of the subject site. Clients shall remain on site for the duration of their visits, and breaks shall be conducted within the enclosed building. Resolution No. 17499 Page 3 Where feasible, residents of Chula Vista shall be given preference for entry into the program. j= Program coordinators shall encourage clients who are required to participate in community service activities to investigate involvement in organizations based in Chula Vista. The permit shall be reviewed in four 3 month segments in one year by Planning staff in consultation with the Police Department to ensure no adverse impacts as well as compliance with all conditions of approval. Upon a positive finding, no further routine review shall be necessary. A negative finding shall result in the forwarding of a recommendation for revocation to the Planning Commission for consideration. At any time prior to that date, however, substantiated conflicts with, or complaints from the surrounding neighborhood will be cause for immediate review and possible revocation of the permit. The permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution 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 not utilized within one year 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. Robert A. Leiter Director of Planning That a copy of this resolution be transmitted to the applicant. Presented by Appro~/~ as to for, by ~ity ~ttorney ~ Illl 1" Resolution No. 17499 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of May, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: Nader Tim Nader, Mayor ATTEST: Vicki C. Soderquist, Dep~t~-.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. 17499 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of May, 1994. Executed this 24th day of May, 1994. ,, , , Vicki C. Soderquist, De~, City Clerk