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HomeMy WebLinkAboutReso 2005-289 RESOLUTION NO. 2005-289 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT, PCC-05-031, MODIFYING SCHOOL FACILITIES TO INCLUDE: I) A NEW BUILDING FOR AN ADMINISTRATION OFFICE, TWO CLASSROOMS AND A MULTIPURPOSE ROOM; AND 2) OPERATIONAL REQUIREMENTS FOR A PAROCHIAL ELEMENTARY SCHOOL ENROLLING 250 STUDENTS LOCATED AT 482 L STREET IN THE R-3-P-14 ZONE-SOUTHWESTERN CHRISTIAN SCHOOL 1. RECITALS WHEREAS, a duly verified application for a Conditional Use Permit was filed on January 12, 2005, with the City of Chula Vista Planning Department and Building Department by Southwestern Christian School (Applicant) requesting approval modifYing an existing Conditional Use permit to: I) construct a new building for an administration office, two classrooms and a multipurpose room; and 2) to consider operational requirements (Project); and A. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein for the purpose of general description herein located at 482 'L' Street ("Project Site") in the R-3-P-14 (Apartment Residential, Precise Plan, 14 Units per Acre) zone; and B. Project; Application for Discretionary Approval WHEREAS, on January 12, 2005, the Applicant filed a Conditional Use Permit with the City of Chula Vista Planning and Building Department requesting approval to modifY an existing Conditional Use permit to: I) construct a new building for an administration office, two classrooms and a multipurpose room; as represented in Exhibit "B", copy on file in the Office of the City Clerk; and 2) to consider operational requirements; and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: I) Planning Commission recommendation of approval of PCC-05-031, Conditional Use Permit for a new classroom and administration building and consideration of operational requirements on June 22, 2005; and Resolution No. 2005-289 Page 2 D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 22, 2005, and after hearing staffs presentation and public testimony voted 4-0-2-1 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's 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, its mailing to property owners within 500 feet of the exterior boundary of the project at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 9, 2005, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on June 22, 2005, and the minutes and Resolution resulting there trom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Resolution No. 2005-289 Page 3 V. CONDITIONAL USE PERMIT FINDINGS I. That the proposed use at this 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 school has been in operation at the same location since 1981. The project's approval will enable the school to continue to provide a choice of educational institutions in the 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 operation of the existing school and its site layout have been designed and conditioned to avoid potential noise impacts to nearby residents. For example, the student enrollment is capped at 250. The architecture, landscaping, and noise attenuation walles) reduce any potential negative aesthetic and environmental impacts. The parking spaces provided are adequate for the proposed use. There is adequate drop off area for the school. The lot has sufficient size to accommodate the proposed use as well as outdoor activities for the children. There is adequate on-site play area outside of the building for the school. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use has been conditioned to comply and remain in compliance with all applicable codes, conditions and regulations prior to issuance of a certification of occupancy. 4. That the granting of this Conditional Use Pennit will not adversely affect the General Plan of the City or the adopted plan of any governrnent agency. The Project allows for additional educational opportunities for citizens in the community and confonns to all elements of the General Plan and other adopted plans affecting the Project Site. BE IT FURTHER RESOLVED that the City Council does hereby approve Conditional Use Pennit PCC-OS-031 subject to the conditions set forth below. VI. CONDITIONS OF APPROVAL I. Prior to the issuance of a building pennit by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfY the following requirements: Resolution No. 2005-289 Page 4 Planning and Building: A. The Applicant shall obtain approval of the Design Review application by the Zoning Administrator. B. The Applicant shall submit an application for any proposed identification signage for review and approval by the Director of Planning and Building prior to installing any signs on the property. C. The Applicant shall comply with the 2001 Handicapped Accessibility requirements, 2001 Energy requirements, the 2001 CPC, CMC and CEC, Seismic Zone 4 and Wind Speed 70 mph exposure C. D. The Applicant shall pay all applicable fees, including permit processing, development impact fees and Sewer Connection and Capacities fees, Traffic Signal fees, and all other outstanding fees due to the City of Chula Vista. E. The Applicant shall prepare and submit a demolition and recycling plan to the Conservation Coordinator for review and approval. Engineering: F. The Applicant shall implement Best Management Practices (BMPs) to prevent the pollution of storm water runoff during and after construction. Permanent storm water requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non-structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. G. The Applicant shall comply with the City of Chula Vista Storm Water Management Standards Requirements Manual. H. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NEPDS Municipal Permit, Order No. 2001-01. According to said Permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 1. The Applicant shall provide a water quality study to the City Engineer, which demonstrates compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans in accordance with the City's Manual. Resolution No. 2005-289 Page 5 J. The Applicant shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollution Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the Applicant shall file a Notice of Intent (NOI) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges associated with construction activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. II. Prior to Final Inspection/Occupancy: Public Works: A. The Applicant shall repair or replace the damaged 5-foot by 5-foot section of the sidewalk near the driveway approach on the 'L' Street side of the property. Fire: B. The Applicant shall provide a fire alarm system, exit lights, emergency lighting, fire extinguishers that conform to the CFC Article 25. Planning and Building: C. The Applicant shall develop and maintain the site in accordance with the approved set of plans on file in the Planning Division. III. Continuous Conditions: Planning and Building: A. The Applicant shall remain in compliance with the conditions previously approved in the following project files: PCC-94-01 and PCC-83-03. B. The Applicant shall remove the two trailers from the property within 30 days from the final inspection date by the Building Inspector. C. The student enrollment shall not exceed 250 students. D. The Applicant shall ensure that school staff maintains a high level of supervision for all students when they are outside the classrooms. Supervision shall be conducted by at least two school staff when students are in the south parking lot. In addition, the Principal shall designate a staff person to meet periodically with neighbors who reside on Westby Street between Fourth and Fifth Avenue, and the residents on Fifth A venue whose property abuts the school property, to discuss and remedy issues that may anse. Resolution No. 2005-289 Page 6 E. The Applicant shall prepare and implement a program that will maintain the on-site landscaping in a healthy manner, and keep the school premises and neighboring properties free from trash and debris. F. The Applicant shall use the south parking lot solely for parking and occasional events; those events shall not be held more than 12 times in any calendar year. Fire: G. The Applicant shall ensure that first and second grade students will not occupy any classrooms on the second floor of any building used for classrooms. Standard Conditions: H. This Conditional Use 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 cannot, in the normal operation of the use permitted, be expected to economically recover. 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 19.14.250 ofthe Municipal Code. J. Any violations of the terms and conditions of this permit shall be grounds for revocation or modification of permit. Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Permit approval by J the Director of Planning and Building. "'...," ;-',i K. Applicant/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 (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit and design approval, (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, above. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and design approval, and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. Resolution No. 2005-289 Page 7 1. The Applicant shall use graffiti resistant treatment on the exterior surfaces of all structures on site including walls and fences. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. M. The conditions of approval for this Conditional Use Permit approval shall be applied to the subject property until such time approval is modified or revoked, and the existence of this approval with conditions shall be recorded with the title of the property. The Applicant/property owner shall provide the Planning Division with a recorded copy of said document. N. This City Council approval 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 conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. O. Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the Applicant/Property Owner and have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document shall indicate the Applicant/Property Owner's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. VII. AGREEMENTS I. The Applicant/Property Owner shall and does agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this proj ect. 2. Applicant/Property Owner shall and does agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. Signature of Property Owner/Applicant 482 'L' Street Si~p~/~cfoP Date /0-1-06" Date Resolution No. 2005-289 Page 8 VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. IX. 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 anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ~~~~{~~ Ann Moore City Attorney Resolution No. 2005-289 Page 9 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 23rd day of August, 2005, by the following vote: AYES: Councilmembers: McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: ATTEST: - _ >.lu ~ ~ I" Susan Bigelow, MMC, City k .J STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certiJj that the foregoing Resolution No. 2005-289 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of August, 2005. Executed this 23rd day of August, 2005. ;- ~tU.. ~f~-~ Susan Bigelow, MMC, City Cle