HomeMy WebLinkAboutReso 2005-2712006-0479845
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Recording requested
by:
City of Chula Vista
After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
DCX:: # 2006-047~84t)
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RESOLUTION NO. 2005-271
Document Titk
RESOLUTION NO. 2005-271
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONDITIONAL USE PERMIT
PCC-05-043, TO ALLOW AN ADULT EDUCATIONAL
FACILITY FOR A PERIOD OF EIGHT YEARS, LOCATED IN
AN EXISTING BUILDING AT 2060 OTAY LAKES ROAD IN
THE EASTLAKE PROFESSIONAL PLAZA, EASTLAKE
COMMERCIAL DISTRICT, PROFESSIONAL AND
ADMINISTRATIVE ZONE
WHEREAS, a duly verified application for a conditional use pennit was filed with the
City of Chula Vista Planning Department on March II, 2005, by Harlon Lindholm on behalf of
the University of Phoenix; and
WHEREAS, said applicant requests pennission to allow an educational facility located in
an existing building in the Eastlake Professional Plaza, Eastlake Commercial District,
Professional and Administrative Zone (PA); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has detennined that the
proposed project was adequately covered in the previously certified Eastlake Trails/Greens
Replanning Program Final Subsequent Environmental Impact Report (EIR 97-04) and associated
Mitigation Monitoring and Reporting Program. Thus, no further environmental review or
documentation is necessary; and
WHEREAS, the Planning Commission held a public hearing on June 8, 2005 and voted
5-0-2-0 to approve the project for a period of five-years based on the findings and subject to the
conditions contained herein; and
WHEREAS, the applicant appealed the decision, requesting the City Council to extend
the expiration date to eight-years instead of five-years; 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
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 pennit application, the City Council voted 5-0
to approve the conditional use pennit; and
Resolution No. 2005-271
Page 2
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.
1. 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 requested uses will take place within an existing office building and associated
parking lot surrounded by commercial, residential, and school uses. This proposal will
provide additional educational services to the surrounding residents. Such services
benefit the citizens of Chula Vista both economically and socially (increased income,
lower crime, less dependence on social programs, etc.).
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 proposal will not adversely impact the existing uses currently in the Eastlake
Professional Plaza, Eastlake Commercial District, Professional and Administrative Zone
(P A) or any of the surrounding residential neighborhoods. The classes will be held in the
evening and weekend hours, so not to conflict with the other tenants. The parking spaces
provided are adequate for the proposed use. Access is only from Otay Lakes Road and a
traffic study determined that no additional changes would have to be made and the
existing conditions were adequate for the traffic from the proposed 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-05-043 requires compliance with all conditions, codes
and regulations, as applicable, prior to the final issuance of any permit for or occupancy
of any building on the property.
The Planning Commission finds that the request meets the code requirements as follows:
(A) The Eastlake Commercial District, Professional and Administrative Zone (PA)
defines an educational facility as a public and semi-public use that requires a
conditional use permit to be approved by the Planning Commission.
(8) The number of parking spaces provided are adequate for the proposed uses.
(C) The proposed use does not go above the allowed threshold per the traffic study to
warrant any changes.
(D) No existing changes will occur to the exterior of the building, which is visibly
compatible with the surrounding office and commercial buildings on the site.
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.
Resolution No. 2005-271
Page 3
The project will increase the educational opportunities for citizens in the community and
conforms to all elements of the General Plan and other adopted plans affecting the project
site. Furthermore, the project is proposed to be operated on an already developed site,
with easy access to public facilities (water, sewer, public roadways, etc.).
WHEREAS, the City Council of the City of Chula Vista grants Conditional Use Permit
PCC-05-043 subject to the following conditions required to be satisfied by the applicant and/or
property owner(s):
1. Prior to the issuance of any permits required by the City of Chula Vista for the use of the
subject property in reliance on this approval, the applicant shall satisfy the following
requirements:
Planning and Building Department Conditions:
A. A Building Permit is required. Plans must comply with 2001 California Building Code,
California Mechanical Code, California Plumbing Code and California Electrical Code
Plans submitted on or after July ], 2005 must comply with the new Handicapped
Accessibility requirements. Plans submitted on or after October ], 2005 must comply
with the new Energy Requirements. Seismic zone 4, wind speed 70 mph, exposure C.
B. The open office space with the cubicles needs to provide a second exit directly to the
outside of the building, since the occupancy load exceeds 30 persons. Vocational rooms
also appear as if they will need a second exit directly outside, because of potential
occupant load in excess of 30 persons.
C. State the type of construction for Building B and what will be all types of occupancies on
the building permit if known. Construction and types of occupancies must comply with
Chapter 5 of the California Building Code. Also, setbacks from property lines must
comply with all California Building Code requirements.
D. The applicant shall apply for a sign permit to be approved by the Planning Division for
all proposed signage.
Conservation and Environmental Services Department Conditions:
E. Each applicant for a land use or building permit shall develop and submit a "Recycling
and Solid Waste Management Plan" to the Conservation Coordinator for review and
approval as a part of the permit process. The plan shall demonstrate those steps the
applicant will take to comply with Municipal Code, including but not limited to Section
8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of
the waste generated by all residential, commercial and industrial developments. The
applicant shall contract with the City's franchise hauler throughout the construction and
occupancy phase of the project. The "Recycling and Solid Waste Management Plan"
features should be identified on the building plans. A "Recycling and Solid Waste
Planning Manual" is available at the Planning Division counter or through the City
Manger's Office (6] 9) 691-5122, conservation@ci.chula-vista.ca.us.
Fire Department Conditions:
Resolution No. 2005-271
Page 4
F. The project shall comply with the 2001 California Fire and Building Code.
II. Prior to use or occupancy of the property in reliance on this approval, the following
requirements shall be met:
A. The site shall be developed and maintained in accordance with the approved
plans, dated March II, 2005, which include site plans and floor plans, on file in
the Planning Division, the conditions contained herein, Title 19, and the Eastlake
Commercial District, Professional and Administrative Zone (PA).
B. The applicant shall comply with all Fire Department Regulations pnor to
occupancy of building.
C. The project shall comply with all conditions tied to approval of the Environmental
Review, EIR-97-04.
D. Prior to any use of the project site or business activity being commenced thereon,
all Conditions of Approval shall be completed to the satisfaction of the Planning
Director.
E. This permit shall become void and ineffective if not utilized within one-year trom
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.
III. The following on-going conditions shall apply to the subject property as long as it relies upon
this approval.
A. 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. A maximum of 110 students area allowed at one time on the campus;
b. School hours shall be limited to Monday through Friday between the
hours of 8:00 a.m. - 10:30 p.m., and Saturday between the hours of 9:00
a.m. - 10:00 p.m.
B. The Permittee shall enter into and maintain an agreement with the property owner
to ensure the exclusive right to use 110 parking spaces trom 5:30 p.m.-IO:OO p.m.
Monday through Friday, and up to 75 parking spaces from 9:00 a.m. - 10:00 p.m.
on Saturday. Any changes to the agreement between operator and property owner
which reduce the available parking spaces shall be approved by the Director of
Planning and Building.
Resolution No. 2005-271
Page 5
C. The conditions of approval for this permit shall be applied to the subject property
until such time that the conditional use permit is modified or revoked, and the
existence of this use permit with approved conditions shall be recorded with the
title of the property. Prior to the issuance of the building permits for the proposed
unit, the applicant/property owner shall provide the Planning Division with a
recorded copy of said document.
D. 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 cannot, in
the normal operation of the use permitted, be expected to economically recover.
E. This permit shall expire eight years after the date of its approval by the City
Council. The Zoning Administrator shall have the authority to extend the term of
this permit, on the condition that the applicant shall submit and secure approval of
any application for an extension of the permit at least one year prior to the
expiration date. Otherwise, a new application shall be required.
F. Any change to the operational profile of this Project, any request for an expansion
of the use or described herein, or any deviation from the above noted conditions
of approval shall require the approval of a modified conditional use permit.
G. 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 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, 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 signing 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 assignee's.
Resolution No. 2005-271
Page 6
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing on 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 Recorder/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.
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Date
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Date
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt the resolution approving the Conditional Use Permit, PCC-05-043, in
accordance with the findings and subject to the conditions contained in this resolution.
Presented by
Approved as to form by
d,,~d~fWp
AM Moore
City Attorney
Resolution No. 2005-271
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of July, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
L
,/
Stephen C. adilla, Mayor
ATTEST:
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Susan Bigelow, MMC, City C rk -
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. 2005-271 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 26th day of July, 2005.
Executed this 26th day of July, 2005.
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Susan Bigelow, MMC, City Cler