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HomeMy WebLinkAboutReso 1992-16648 RESOLUTION NO. 16648 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT TO OPERATE A HEAD START CHILD DEVELOPMENT PRE-SCHOOL PROGRAM AT 345 FIFTH AVENUE IN THE R-3 ZONING DISTRICT WHEREAS, the applicant is requesting a conditional use permit in order to operate a Head Start Child Development Program {pre-school} in the R-3 Zoning District at Grace Baptist Temple, Inc., located at 345 Fifth Avenue; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-92-10, for potential environmental impacts associated with the implementation of the project and has concluded that there would be no significant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-92-10; and, WHEREAS, on May 13, lg92, the Planning Commission voted 7-to-O to recommend that Council approve the conditional use permit in accordance with Resolution PCC-92-17; and, WHEREAS, on April 20, 1992, the Resource Conservation Commission voted 4-to-O to recommend that Council adopt the Negative Declaration issued on IS-g2-10. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find as follows: 1. 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-92-17 is necessary and desirable in order to provide a service which will contribute to the general public well being in that the applicant will provide the opportunity for a child care facility at a convenient location for a greater number of families within 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 conditional approval of PCC-g2-17 will not, under the circumstances of this particular case, be detrimental to the health, safety or general welfare of persons residing or working int he vicinity or injurious to property or improvements in the vicinity in that a noise study by the City Acousticjan has shown that the project requires minor changes in order to comply with City noise standards, and the project site contains adequate on-site parking for both employees and clients. Resolution No. 16648 Page 2 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-92-17 requires compliance with all conditions and applicable codes and regulations prior to the issuance of any permit or occupancy of any facility on the site for the proposed project. 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 governmental agency. The granting of PCC-92-17 will not adversely affect the General Plan in that the designation of the property allows for child day care facilities upon the approval of a conditional use permit. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby adopts this resolution granting the conditional use permit, subject to the following conditions: 1. The program shall not exceed a maximum enrollment of 124 children, with 62 children attending from 8:00 a.m. to 11:30 a.m. and 62 children attending from 12:30 p.m. to 4:00 p.m., with no more than four 45-minute outdoor play periods per day, each involving no more than approximately 31 children, Monday through Thursday, without first obtaining the prior written approval of the Zoning Administrator. 2. An emergency fire plan shall be posted in appropriate locations throughout the facility to the satisfaction of the Fire Department and shall include: a. The emergency number {911} and the Fire Department phone number {691-5055}. b. The name of the person{s) assigned responsibility for calling the Fire Department. c. Evacuation routes leading to safe dispersal areas. Said dispersal areas shall be located not less than 50 feet from any buildings on the site. Dispersal areas shall be sized to provide an area of not less than three (3) square feet per occupant. In the event of a fire or during a drill, each teacher shall take the class roll book in order to call roll once the evacuation is complete. The roll book shall be maintain in an up-to-date order. d. Monthly fire drills. 3. The following shall be complied with to the satisfaction of the Fire Marshal: Resolution No. 16648 Page 3 a. All exits to the outside shall be equipped with "panic hardware". This hardware shall be within the reach of the children. These doors shall open from the inside without the use of a key or any special knowledge. b. No fla~able liquids shall be placed, stored or used in Group- E occupancies. c. A halogenated and dry chemical or other special fire- extinguishing system may be required by the Fire De artment upon occupancy of the facility per Section 10.301{B~ of the Fire Code. 4. The sandbox area shall be located within the courtyard created by the classroom and sanctuary structures. No sandbox/play area shall be located between the eastern-most buildings and the east property line. 5. Fencing along the northeastern and eastern property lines shall be reconstructed or replaced to six feet. Specifically, along the drainage channel the fence shall be constructed in such a way as to preclude entry to the drainage area by children. All fencing shall completely enclose the property such that no gaps exist in the fencing which may allow access to the property from neighboring parcels. All fencing shall be reconstructed or replaced to the satisfaction of the Fire Department and the Director of Planning. 6. The open area at the northeast corner shall be fenced off from the rest of the property so as to preclude entry by children. Fencing shall be placed between the northern-most building housing the nursery at its northeast corner and the northern fence at that location, to the satisfaction of the Fire Department and the Director of Planning. 7. A chain link gate/fence at least four feet in height shall be installed in the gap between the buildings at the southeast corner of the play area so as to secure entry to the rear of the buildings by the children. 8. 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. g. This 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 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 Resolution No. 16648 Page 4 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. 10. This conditional use permit shall be subject to revocation, modification, or fine in lieu of revocation, upon a determination by the issuing authority, to-wit: the City Council, that the permittee or their successors in interest have used the subject premises in excess of the authority herein granted or that the terms and conditions of this permit have in any way been violated, regardless of cause, or that the continued use of this permit is injurious to the health, safety or welfare of the community. Presented by Appro~ed as tia~y~ s ; / _J,Z_ I ~ Robert A. keiter Bruce M. Boog rd ~ Director of Planning City Attorney Resolution No. 16648 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 2rid day of June, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: ever ~ ~.A~t~elet, ~ity (lerk 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 foregoing Resolution No. 16648 was duly passed, approved, and adopted by the City Council held on the 2nd day of June, 1992. Executed this 2nd day of June, 1992.