HomeMy WebLinkAboutReso 2002-011 DSC
FEB 19, 2002 12:29
OFFICIE RECORDS
Recording requested ~ DIEGO I]IIJNTY EC{~R'8 OFFICE
by: GRECORY ,1. SMITH, COUNTY RECOR~R
City of Chula Vista O0 ~[~S,t~
FEEB:
0
After recording return
to:
City Clerk's Office
City of Chula Vista
Chula Vista, CA 91910
2002-0138529
RESOLUTION NO. 2002-011
Document Title
,, i'": O04985
RESOLUTION NO. 2002-011
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING NEGATIVE DECLARATION
IS-01-059, AND APPROVING A CONDITIONAL USE PERMIT
(PCC-01-88) FOR EPISCOPAL COMMUNITY SERVICES FOR
ESTABLISHMENT OF A CHILD DEVELOPMENT CENTER/
PRESCHOOL FOR UP TO 100 CHILDREN AT 1320 FOURTH
AVENUE
A. RECITALS
1. Project Site
WHEREAS, the parcel that is the subject matter of this resolution is represented in
Exhibit "A" attached hereto and incorporated herein by this reference, and for the purpose of
general description is located at 1320 Fourth Avenue ("Project Site"); and
2. Project Applicant
WHEREAS, on June 20, 2001, a duly verified application for a Conditional Use Permit
(PCC-01-88) was filed with the City of Chula Vista Planning Division by Episcopal Community
Services (Applicant); and
3. Project Description; Application fo,' Conditional Use Pei~fit
WHEREAS, Applicant requests permission to establish a child development
center/preschool (Head Start) for up to 100 children between the ages of 3 and 5 years old in the
existing church buildings and surrounding grounds at the Project Site; and
4. Environmental Determination
WHEREAS, in accordance with the requirements of the California Environmental
Quality Act (CEQA), the Environmental Review Coordinator determined that the Project
required the preparation of an Initial Study. Such study (IS-01-059) was prepared by city staff,
and based on such study, a Negative Declaration was prepared and circulated for public review.
WHEREAS, the Resource Conservation Commission determined that the Initial Study
was adequate and recommended adoption of a Negative Declaration on November 5, 2001, in
compliance with CEQA. The Planning Commission recommended adoption of the same
Negative Declaration on December 5, 2001.
5. Planning Commission Record on Application
WHEREAS, the Planning Commission hearing was scheduled and advertised for
December 5, 2001 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the
Planning Commission voted 5-0-1-1 to recommend that the City Council approve the Project
based on the findings and subject to the conditions listed below, in accordance with Planning
Commission Resolution PCC-01-88; and
004986
Resolution 2002-011
Page 2
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on January 15, 2002 to receive the recommendation of
the Planning Commission, and to hear public testimony with regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this Project held on December 5, 2001 and the minutes
and resolution resulting therefrom, are hereby incorporated into the record of this proceeding.
C. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Negative Declaration issued for this Project
has been prepared in accordance with requirements of the California Environmental Quality Act
and the Environmental Review Procedures of the City of Chula Vista.
D. INDEPENDENT JUDGMENT OF THE CITY OF CHULA VISTA CITY COUNCIL
The City Council finds that the Negative Declaration prepared for this Project reflects the
independent judgment of the City of Chula Vista City Council, and hereby adopts the Negative
Declaration, a copy of which is on file in the office of the City Clerk.
E. CONDITIONAL USE PERMIT FiNDiNGS
The City Council of the City of Chula Vista does hereby make the findings required by
the City's rules and regulations for the issuance of conditional use permits, as herein below set
forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made.
1. That the proposed use at the location is necessary or desirable to provide a service or
facility ..... ~ -"'
~,mcn ~,m cont~ibut~ to" g~ne~at well behig :o£ the neighbodlood or
community.
The proposed child development center/preschool (Head Start) in the residential
neighborhood will provide a centrally located child care facility for residents in and
around the existing church where the facility is proposed.
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 proposed use will not pose a danger to the health, safety or general welfare to the
general public. A Negative Declaration prepared by the city's environmental review
coordinator indicates that there will be no significant environmental impacts.
Resolution 2002-011
Page 3
3. That the proposed use will comply with the regulations and conditions specified in the
code for such use.
This Conditional Use Permit is conditioned to require the permittee and property owner
to fulfill conditions and to comply with all applicable regulations and standards specified
in the Municipal Code for such use. The conditions of this permit are approximately in
proportion to the nature and extent of the impact created by the proposed development in
that the conditions imposed are directly related to and are of a nature and scope related to
the size and impact of the 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 government agency.
The granting of this permit will not adversely affect the Chula Vista General Plan in that
public facilities, such as preschools, are an anticipated use in residential areas.
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-01-88 subject to the
following conditions:
I. Tine nambcr of students shall uot ~xceed I00.
2. Hours of operation shall be Monday through Friday from 7:30 a.m. to 4:30 p.m.
3. The recreation/play area shall be no closer than 50 feet from property lines.
4. Prior to issuance of occupancy permit, the sunken sidewalk left of the driveway approach
shall be removed and replaced with new concrete.
5. Prior to issuance of occupancy permit, a trash enclosure complying with city
specifications shall be installed on the site.
6. Prior to issuance of occupancy permit, project shall compiy W'ith ail ~ire Department
requirements, including, but not limited to:
A. Provide a 2A-10BC fire extinguisher every 75 feet of travel distance.
B. All exit doors shall be of single action with no unapproved locking devices.
C. The fire alarm system shall comply with Sections 305.9 and 305.9a. of the
California Uniform Building Code. Illuminated exit signs are required and shall
be on a separated emergency system installed according to the Electrical Code.
D. Any areas designated for sleeping purposes shall have smoke detection.
E. The business shall be licensed through Community Care Licensing.
004988
Resolution 2002-011
Page 4
7. 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 fight 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.
8. Applicoz~t/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorneys' fees (co, llectively, "liabilities") incurred by the City
arising, directly or indirectly, from (a) City s approval and issuance of this conditional
use permit, (b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) applicant's installation and operation of the facility permitted hereby.
Applicant/operator shall acknowledge their agreement to this provision by executing a
copy of this conditional use permit where indicated, below. Applicant's/operator's
compliance with this provision is an express condition of this conditional use permit and
this provision shall be binding on any and all of Applicant's/operator's successors and
azzigns.
G. ADDITIONAL TERMS AND PROVISIONS TO GRANT
1. This Conditional Use Permit shall become void and ineffective if not utilized or extended
within one year from the effective date thereof, in accordance with Section 19.14.260 of
the Municipal Code.
2. A copy of this resolution shall be recorded against the property.
3. Any violations of the terms and conditions of this permit shall be ground for revocation
or modification of permit.
H. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have each read,
understood and agreed to the conditions contained herein. Upon execution, this document shall
be recorded with the County Clerk of the County of San Diego, at the sole expense of the
property owner and/or applicant, and a signed, stamped copy returned to the Planning
Department. Failure to return a signed and stamped copy of this recorded document within ten
days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the
project, and the corresponding application for building permits and/or a business license, be held
in abeyance without approval. Said document will also be on file in the Office of the City Clerk.
0049S9
Resolution 2002-011
Page 5
Signamffe of Representative of Date
Episcopal Community Services
I. NOTICE OF DETERMINATION
The City Ccuncil directs thc Environmental Review Coordinator to post a Notice of
Determination and file the same with the City Clerk.
J. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall
be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
/Robert A. Leiter J?~.. Kaheny ~J
Planning and Building Director C~ty Attorney
Resolution 2002-011
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of January, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Horton,ff,layor
ATTEST:
Susan Bigelow, City Clerk u
STATE OF CALIFORNIA )
COU2qTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-011 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 15th day of January, 2002.
Executed this 15th day of January, 2002.
Susan Bigelow, City Clerk~°
\ 00499~ ~ *
MULTI
FAMILY LAUDERBACH
DWELLING ELEMENTARY
SCHOOL
SINGLE
FAMILY
DWELl ING
PALOMAR
HIGH SCHOOL
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DI:SCRIP]3ON:
APPLICANT:EPISCOPAL COMMUNITY SERVIC~ CONDITIONAL USE PERMIT
PROJECT 1320 Fourth Avenue
ADDRESS: Request: Proposal for addition to existing church
building for licensed child development center
BCALE: FILE NUMBER: and preschool.
NORTH No Scale PCC-01-88 Related Case: IS-01-059
j:\home\planning\cherrylc\locators\pcc0188.cdr 7.10.01 EXHIBIT A