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HomeMy WebLinkAboutReso 1992-16650 NOT APPROVED RESOLUTION NO. 16650 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING A CONDITIONAL USE PERMIT TO OPERATE A DRUG AND ALCOHOL REHABILITATION AND RECOVERY HOME AT 3 NORTH SECOND AVENUE IN THE R-3 ZONING DISTRICT WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on March 10, 1992, by Victory Outreach; and, WHEREAS, said application requested a conditional use permit to allow a drug and alcohol rehabilitation and recovery home to be located at 3 North Second Avenue in the R-3 Zoning District; and, WHEREAS, the Planning Commission held a public hearing on May 13, 1992, and recommended that Council grant said conditional use permit; and, WHEREAS, the City Council 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 an area greater than 1,000 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., June 2, 1992 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-92-30. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds 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-92-34 at the proposed location is necessary and desirable in order to provide a service which will contribute to the general well being of the community in that there is an existing, under-utilized facility in place, and the service to be provided by Victory Outreach will contribute to the community by assisting in the rehabilitation of drug and alcohol users. 2. That such use will not under the circumstances of the particu]ar case, be detrimental to the health, safety or general welfare of Resolution No. 16650 Page 2 persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The conditional approval of PCC-92-34 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 project vicinity or injurious to property or improvements in the project vicinity in that, as a condition of approval, there will be 24 hour security at the facility to ensure that the residents do not leave the compound without authorization, and in that potential residents are screened by Victory Outreach who will not admit people with violent, psychotic or deviant personal histories or persons with severe medical conditions, including AIDS. Victory Outreach has also assured the City that activities are organized and conducted in a manner which will not adversely impact the residential enjoyment of surrounding neighbors. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The conditional approval of PCC-g2-34 complies with the regulations and conditions of the Municipal Code in that the project is conditioned to comply with the requirements of all applicable City departments and will not generate excessive traffic nor require extra on-site parking. 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-92-34 will not adversely affect the General Plan in that the designation of the property allows for drug and alcohol rehabilitation and recovery 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 application for a drug and alcohol rehabilitation and recovery center for a maximum of 60 male adults is conditionally approved for a one year period from the date of final approval. Prior to the expiration of one year, the applicant shall submit the appropriate application form and fee in adequate time for hearing on the extension request to be heard before the City Council. 2. The "Rules-Men's Home" (Attachment "A") are hereby incorporated with the exception of Item No. 15 which shall be restated as: "All residents of the facility shall be under 24 hour supervision, both on- and off-site. If a resident leaves the site without authorization and unattended, deserts while on any field trip, Resolution No. 16650 Page 3 or breaks any rule, he shall be expelled from the program. Residents that complete the program, desire to leave, or are released or expelled shall either be transported to their primary place of residence or to the Victory Outreach Church at 5gO Fir Street in downtown San Diego for discharge at that location;" and, Item No. 14 which shall be restated as: "Any resident terminated for any reason will not be permitted to re-enter the home in Chula Vista for thirty {30) days." The management of the program shall ensure the rules are complied with. 3. Any substantiated conflicts with or complaints from the surrounding neighborhood may be cause for review and possible revocation of the permit prior to the expi ration of the one year trial period. 4. With the exception of the Nosotros program, only this residential live-in program and those activities associated therewith and noted in the application and supplemental materials, including numbers of residents, staff, programs, supervision, shall occur on the property. Any other activities, such as fund raising or any other special or on-going activities shall not be permitted without prior approval from the City. 5. Residents shall not be allowed to loiter or congregate outside designated areas. Outside activities shall be restricted to the designated areas on the easterly and northeasterly portions of the site and complex. 6. The "proposed fence" shall be deleted from the site plan. 7. The pole barricade in the drive next to the ground level, enclosed patio off of the south wing shall be removed so as to ensure access by emergency response personnel and other vehicular traffic. 8. At no time shall any driveway or driving lane be chained or barricaded so as to impede circulation by motor vehicles. g. The northern driveway shall be used only for ingress. The southern driveway can be used for ingress and egress, but all exiting traffic shall be from this driveway. Each driveway shall be appropriately posted and marked with stop signs, no exit signs, etc., to indicate the direction of travel and the required movements, to the satisfaction of the Traffic Engineer. 10. All other parking spaces shall be restriped as they currently exist. All striping shall be in accordance with City Standards. Resolution No. 16650 Page 4 11. Any proposed architectural changes or changes to the basic color scheme of the buildings shall be approved by the Director of Planning, and permits for structural modifications shall be obtained from the Building Department prior to commencement. Failure to properly maintain the buildings or grounds may be grounds for review and possible revocation of this permit. 12. Prior to occupancy, the applicant shall: a. Obtain licensing from the California State Alcohol and Drug Program. b. Comply with all requirements of the Chula Vista Fire Department. c. Comply with all requirements of the Chula Vista Building Department. 13. Loss of State of California licensing shall result in automatic revocation of the conditional use permit. 14. 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 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. 15. 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 condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 16. Where possible, applicants to the program who are residents of Chula Vista shall be given priority. 17. 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 Resolution No. 16650 Page 5 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 Approved as to form by ./ Robert A. Leiter aard Resolution No. 16650 Page 6 NOT PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 2nd day of June, 1992, by the following vote: YES: Councilmembers: None NOES: Councilmembers: Grasser Hotton, Malcolm, Moore, Rindone, Nader ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk