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HomeMy WebLinkAboutReso 1992-16752 NOT APPROVED RESOLUTION NO. 16752 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE AN INTERIM FIRE STATION AT THE SOUTHWEST CORNER OF LANE AVENUE AND FENTON STREET WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on May 8, 1992, by the Chula Vista Fire Department; and, WHEREAS, said application requested a conditional use permit to allow an interim fire station; and, WHEREAS, the Planning Commission held a public hearing on July 8, 1992, and voted 6-to-O to approved said Conditional Use Permit; and, WHEREAS, the Planning Commission's decision was appealed by California Land Associates; 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 of 500 feet radius 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., July 21, 1992, 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 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 proposed use will contribute to the safety and welfare of the community by improving the currently available fire services and response time within the eastern territories and provide a facility in close proximity to the intended service areas. 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 property or improvements in the vicinity. The interim use of the subject site as a fire station will not detrimentally affect the health, safety or welfare of persons Resolution No. 16752 Page 2 residing or working in the vicinity or be injurious to property or improvements in the vicinity in that: 1. The proposed use is temporary and a Class 3{c} Categorical Exemption per the California Environmental Quality Act; 2. There are public facilities that are adequate to handle future area growth; and, 3. The fire station is necessary for the protection of persons and property in the vicinity of the site. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use complies with Section VI.O.2.I of the EastLake I Planned Community District Regulations for the BC-1 zone and pertinent Municipal Code requirements in that this is a temporary use compatible with surrounding uses, and any construction or grading work will be done in compliance with the regulations of the City of Chula Vista. 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. That temporary use of the site as a fire station facility will not adversely affect the General Plan of the City of Chula Vista in that it will implement provisions of Section 2.1 of the Safety Element of the General Plan and any other applicable element of the General Plan. 5. That the granting of this conditional use permit complies with the Subdivision Map Act. Based on Section 66428 of the Subdivision Map Act, public policy does not require the processing of a parcel map under such circumstances as exists in this case for the following reasons: A. This parcel is part of a prior land division which has adequate public facilities and complies with appropriate design. B. The City reserves adequate regulatory authority through the conditional use permit process. C. The remainder portion of the site will be maintained by EastLake as required by the agreements between EastLake and the City, and by the weed abatement program (Chapter 8.32 of the Municipal Code). Resolution No. 16752 Page 3 BE IT FURTHER RESOLVED that the City Council hereby denies the appeal by California Land Associates and adopts this resolution granting Conditional Use Permit, PCC-92-40, subject to the following conditions: 1. Any changes to the proposed site plan and/or building architecture shall be subject to approval by the Director of Planning prior to issuance of building permits. 2. A "no-fee" construction permit is required for construction of the driveway approach in the street right-of-way. 3. If the exemptions in the grading ordinance are not met, the developer is requi red to obtain a "no-fee" grading permit. 4. 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. 5. This conditional use permit shall become void and ineffective if not utilized within one year form 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. That a copy of this resolution be transmitted to the applicant and the City Council. Presented by Approved as to form by Robert A. Leiter Bruce M. Boogaard Director of Planning City Attorney Resolution No. 16752 Page 4 NOT PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of August, 1992, by the following vote: YES: Councilmembers: Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk