HomeMy WebLinkAboutReso 2005-2722006-0479847
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DOC # 2006--0479847
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Recording requested
by:
City of Chula Vista
JUL 07,2006 1001 AM
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After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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RESOLUTION NO. 2005-272
DOCJIment 'lith
RESOLUTION NO. 2005-272
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONDITIONAL USE PERMIT
PCC-05-021, TO ALLOW BONITA COUNTRY DAY SCHOOL
TO CONTINUE TO OPERATE A PRIVATE NON-PROFIT
ELEMENTARY SCHOOL FOR AN INTERIM PERIOD OF
FIVE YEARS AT 625 OTAY LAKES ROAD IN THE BONITA
LONG CANYON, PLANNED COMMUNITY PUBLIC QUASI
ZONE
WHEREAS, a duly verified application for a conditional use pennit was filed with the
City of Chula Vista Planning Department on November 10, 2004, by Suzanne Catanzaro on
behalf of the Bonita Country Day School; and
WHEREAS, said applicant requests approval of conditional use pennit PCC-05-02 I to
continue to operate a private school, for an interim period of five years, for up to 140 pre-
kindergarten through six graders at 625 Otay Lakes Road in the Bonita Long Canyon, Planned
Community Public Quasi Zone; and
WHEREAS, said applicant also requests waiver of all application fees based on their
established non-profit organization status; and
WHEREAS, current Council Policy and Chapter 3.45 of the Chula Vista Municipal Code
provides an option for the waiver of fees for nonprofit organizations; and
WHEREAS, the City Council has found that the payment of fees by this organization
would not pose an economic hardship on the school and therefore does not grant the fee waiver;
and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has detennined that
the project qualifies for a Class I, categorical exemption pursuant to Section 1530 I, (Existing
Facilities), of the State CEQA guidelines and no further environmental review is necessary; and
WHEREAS, the Planning Commission held a public hearing on June 8, 2005 and voted
5-0-2-0 to recommend that the City Council approve the project based on the findings and
subject to the conditions contained herein; and
WHEREAS, the City Clerk set the time and place for a hearing on said conditional use
pennit 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 and residents
within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing;
and
Resolution No. 2005-272
Page 2
WHEREAS, the hearing was held at the time and place as advertised, namely July 26,
2005, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the conditional use permit application, the City Council voted 5-0
to approve the conditional use permit; and
WHEREAS, 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, there under, the evidentiary basis that permits the stated findings
to be made:
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 interim use of this site will allow the school to continue to offer an educational
alternative and service to the community pending the location of appropriate permanent
facilities.
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 site layout has been designed and conditioned to avoid potential noise impacts to
nearby residents, and architectural enhancements and landscape screening have been
utilized and demonstrated the ability to diminish any potential negative aesthetic impacts
considering the interim nature of the use.
3. That the proposed use will comply with the regulations and conditions specified in the
code for such use.
The conditional approval of PCC-05-02 I requires compliance with all conditions, codes
and regulations, as applicable.
The City Council finds that the request meets the code requirements as follows:
(A) The Chula Vista Municipal Code Section 19.54.020(d) defines a school as an
unclassified use.
(B) The number of parking spaces provided are adequate for the proposed uses.
(C) There is adequate drop off area for the school.
(D) The lot has sufficient size to accommodate the proposed use as well as outdoor
activities for the children.
(E) There is adequate on-site play area outside of the building for the school.
Resolution No. 2005-272
Page 3
(F) No existing changes will occur on the site, which is visibly compatible with the
surrounding church and school to the south and west of the subject site.
4. That the granting ofthis conditional use permit will not adversely affect the General Plan
of the City or the adopted plan of any government agency.
This conditional use permit is in compliance with the General Plan of the City to provide
adequate public and semi-public uses within all areas ofthe city.
WHEREAS, the City Council of the City of Chula Vista grants Conditional Use Permit
PCC-05-021 subject to the following conditions required to be satisfied by the applicant and/or
property owner(s):
PLANNING & BUILDING DEPARTMENT
1. The site shall be maintained in accordance with the approved plans, dated November 10,
2004, which include site plan, floor plans, and elevations plans on file in the Planning
Division, the conditions contained herein, Title 19, and the Bonita Long Canyon
Residential Development Standards.
2. Ensure that the proposal complies with the parameters of the use outlined in the
application and supplemental materials submitted therewith including, but not limited to,
the following:
a) Enrollment is limited to 140 students.
b) School hours would be from 8:00 a.m. and 2:45 p.m. for Grades 1-6 and 8:30 a.m.
and 2:30 p.m. for kindergarten and preschool, Monday through Friday.
c) Extended childcare hours for students only may be provided between 7:00 a.m. to
8:30 a.m. and 2:30 p.m. to 5:00 p.m., Monday through Friday.
d) After school enrichment activities, such as piano lessons, science experiments,
gymnastics etc. are available to the students between 2:30 p.m. and 4:00 p.m.
e) Recess times are staggered at three intervals. No more than approximately forty
students are out on the main playground for recess at one time.
t) The times of arrival and dismissal are staggered to relieve traffic congestion in the
parking lot as well as on Otay Lakes Road. The staggered hours also avoids
congestion with traffic for both Bonita Vista Middle and Bonita Vista High
Schools.
g) Students shall not be allowed on the northerly portion of the property between the
building and the condominiums to the north.
3. Comply with State Licensing and Certification requirements, and all codes and
requirements of the City ofChula Vista.
Resolution No. 2005-272
Page 4
STANDARD CONDITIONS
4. The conditions of approval for this pennit shall be applied to the subject property until
such time that the conditional use pennit is modified or revoked, and the existence of this
use pennit with approved conditions shall be recorded with the title of the property. Prior
to the issuance of the building pennits for the proposed unit, the applicant/property owner
shall provide the Planning Division with a recorded copy of said document.
5. This pennit shall be subject to any and all new, modified or deleted conditions imposed
after approval of this pennit to advance a legitimate governmental interest related to
health, safety or welfare which the City shall impose after advance written notice to the
Pennittee and after the City has given to the Pennittee 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 Pennittee of a substantial revenue source which the
Pennittee cannot, in the nonnal operation of the use pennitted, be expected to
economically recover.
6. This pennit 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 pennit to be reviewed
by the City for additional conditions or revocation.
7. This pennit shall expire five years after the date of its approval by the City Council. The
City Council shall have the authority to extend the tenn of this pennit, on the condition
that the applicant shall submit and secure approval of any application for an extension of
the pennit at least one year prior to the expiration date. Otherwise a new application shall
be required.
8. Any deviation from the above noted conditions of approval shall require the approval of a
modified conditional use pennit.
9. The applicant/owner shall and does hereby agree to indemnifY, protect, defend and hold
harmless City, its City Council members, officers, employees and representatives, from
and against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fess (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Conditional Use
Pennit, (b) City's approval or issuance of any other pennit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Applicant's installation and operation of the facility pennitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this conditional use
pennit where indicated below. Applicant's/operator's compliance with this provision is
an express condition of this conditional use pennit and this provision shall be binding on
any and all of applicant' s/operator' s successors and assignee's.
Reso]ution No. 2005-272
Page 5
10. 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 of this
recorded document shall be returned within ten days of recordation to the City Clerk.
Failure to return said document to the City Clerk shall indicate the property
owners/applicant's desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
Date
c;-f2.-0/-
Date
NOW, THEREFORE, BE ]T RESOLVED that the City Council adopts the resolution
approving the conditional use permit, PCC-05-02], in accordance with the findings and subject
to the conditions contained in this resolution.
Presented by
Approved as to form by
sandoval
ing & Building Director
t!:,idi /tJO" w
Ann oore
CitY'Attomey
Resolution No. 2005-272
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 9th day of August, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Davis
ATTEST:
,
:::- _~Lt..L~~~ ':' .J
Susan Bigelow, MMC, City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-272 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 9th day of August, 2005.
Executed this 9th day of August, 2005.
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Susan Bigelow, MMC, City Clerk