The URL can be used to link to this page

Home My WebLink AboutRDA Reso 1999-1649 RESOLUTION NO. 1649 A RESOLUTION OF THE REDEVEI OPMENT AGENCY APPROVING THE SPECIAL USE PERM TO ALLOW THE ESTABLISHMENT OF A VOCATIONAL POSTSECONDARY SCHOOL AT 310 THIRD AVENUE WITHIN 'HE TOWN CENTRE I REDEVELOPMENT PROJECT AREA WHEREAS, a duly verified application for a Special U e Permit was filed with the Community Development Department of the City of Chula Vista on Septer ~ber 3, 1999; and, WHEREAS, said application requests approval to operate a Postsecondary Vocational School specializing in Networking Technology and Business, )ffice Administration within an existing commercial office building located at 310 Third Avenue; and, WHEREAS, said application qualifies for a Class I ca egorical exemption per Section 15301 of the Guidelines for Implementation of the California Environ 'nental quality Act as the leasing of an existing facility; and WHEREAS, the Town Centre Project Area Committ, ~ held a duly noticed Public Hearing to consider said application on October 13, 1999, and after ~nsidering all evidence and testimony presented recommended by a vote of 5-0 (Navarro absent) t it the Redevelopment Agency approve the Special Use Permit; and, WHEREAS, a duly called and noticed public hearin ] on the Project was held before the Redevelopment Agency of the City of Chula Vista on November 2, 1999, to receive the recommendation of the Town Centre Project Area Committ.~e, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby Approve the Special Use Permit based on the following findings and condil ons Findings: A. The proposed use at the particular location is necessar ! or desirable to provide a service or facility which will contribute to the general well being of tile neighborhood or the community. A Vocational School which teaches Networking Technolo y and Business Office Administration contributes a service that is necessary to our society ~hich is increasingly dependent upon applied information services. The particular location is ~ )propdate as it is existing office space with adequate parking provided in the immediate vicinity. / B. That such use will not under the circumstances of thelparticular case, be detrimental to the health, safety or general welfare of persons residing o~1 working in the vicinity or injurious to property or improvements in the vicinity. The class and I~usiness hours of the establishment are within the normal operating hours of the commercial coreI The student body of 120, faculty, and support staff have adequate parking in the immediaf.~ vicinity. The teaching of business administration and networking technological skills is an in~ iocuous use and is therefore not a use that is particularly detrimental to health, safety, or gener~ ii welfare to either people or property. This use will bring additional day time residents to the T¢ wn Centre area to assist in refocusing the residents of the City to the downtown area as its comr ~ercial retail core. Resolution 1649 Page 2 of 4 C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of the special use permit requires conformance with all regulations, codes, and policies. D. That the granting of this special use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. Vocational schools are unclassified uses which are allowed in any zoning district upon approval of a conditional use permit. Therefore the granting of this permit is consistent with the General Plan and the Redevelopment Plan for this area. Conditions of Approval: 1. Applicant shall comply with and implement all requirements of the Chula Vista Municipal Code and applicable Fire and Building Department requirements, as appropriate. 2. The applicant shall arrange a security survey with the Crime Prevention Unit of the Chula Vista Police Department and comply with any directives resulting therefrom. 3. Outdoor storage of equipment or material is prohibited as part of the approval of this permit. 4. This permit shall be in full force and effect during the term of the lease between the property owner and United Education Institute for the use specified herein, and any extensions thereof. 5. 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 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. 6. This 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. 7. Applicant/operator shall comply with all City and Agency ordinances, standards, and policies except as otherwise provided in this resolution. Any violation of City ordinances, standards, and policies or any condition of approval of the Special Land Use Permit or any provision of the Municipal code, as determined by the Director of Planning or the Community Development Director, shall be grounds for revocation or modification of this Special Land Use Permit. 8. Applicant/operator shall indemnify, protect, defend and hold harmless the City and Agency, its Council members, Board members, officers, employees, agents, and representatives, from and against any and ail liabilities, loses, damages, demands, claims and cost, including court costs and attorneys' approval and issuance of the Special Land Use Permit, (b) City's approval or issuance of any other 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's/operator's compliance with the provision is an express condition of this Special Land Use Permit and this provision shall be binding on any and all of the Application's/operator's successors and assigns. 9. It is the intention of the Agency that its adoption of this Resolution is dependant 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 Resolution 1649 Page 3 of 4 Record of Town Centre I Proiect Area Committee Proceedings The proceedings and all evidence introduced before the To~n Centre Project Area Committee at their public hearing on the Project held on OCt6ber 13, 199 and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. Presented by Appro~ as to form by Resolution 1649 Page 4 of 4 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 9th day of November, 1999 by the following vote: AYES: Members Davis, Moot, Padilla, Salas and ChaidMayor Horton NOES: None ABSENT: None ABSTENTIONS: None Chairman ATTEST: ~ ~ Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redeve opment Agency of the City of Chula Vsta, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1649 and that the same has not been amended or repealed. Dated: November 10, 1999 ~ ~ Chris Salomone Executive Secretary