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HomeMy WebLinkAboutPlanning Comm Rpts./1995/01/11 (2) City Planning Commission Agenda Item for Meeting of January 11, 1995 Page 1 1. PUBLIC HEARING: Conditional Use Permit PCC-94-09: ReQuest to extend approval for a private school for approximatelv three vears (through September 1999) and to allow the expansion of said school facilities into the second stOry of the building located at 2400 Fenton Street within the EastLake Business Center _ Covenant Christian School A. BACKGROUND The proposal is for an extension (through September 30, 1999) of the term of an existing Conditional Use Permit PCC-94-09, which approved Covenant Christian School, a private school for grades K-12, at 2400 Fenton Street within the Eastlake Business Center. The permit was approved by Council in December 1993 for a 2.5 year period extending through June 1996. The application also requests permission to expand the existing facility, which currently operates on the ground floor of a two-story building, to the second floor which was previously occupied by Bonita Country Day School. The expansion would become effective immediately. The Environmental Review Coordinator has determined that the proposal is exempt from environmental review under CEQA as a Class 1 exemption (the operation of an existing facility). B. RECOMMENDATION Adopt Resolution PCC-94-48(M) recommending that the City Council deny the requested extension but approve the requested expansion for the term of the existing permit in accordance with the attached draft City Council Resolution and the findings and conditions contained therein. C. DISCUSSION Site Characteristics The property, zoned P-C (Planned Community), lies at the easterly edge of the existing EastLake Business Center and is bounded on the north, west, and south by undeveloped industrial parcels. The property to the east is within EastLake III and is planned as an extension of the Business Center. The 1.25 acre site is occupied by a 20,000 sq.ft. two-story building, with access provided via Fenton Street; 63 parking spaces are located along the north, east, and south City Planning Commission Agenda Item for Meeting of January 11, 1995 Page 2 portions of the site. The property contains no recreational or playground facilities; outdoor recreational and physical education activities are conducted in Scobee Park, the private park is located approximately 1000' west of the school within the EastLake Business Center, under an agreement with the EastLake Business Center Owners Association. Existing Use Covenant Christian School operates a private school for grades K-12. School activities for up to 208 students and 24 staff are approved through June 30, 1996. Currently, Covenant Christian's secondary school (grades 7-12), comprised of 70 students and 10 staff members, occupies the first floor of the Fenton Street property (the elementary grades of the school are presently held at their original Naples Street location). The second floor of the Fenton Street property, formerly occupied by Bonita Country Day School, is now vacant. Covenant Christian School was approved for 2 1/2 years at this location by the City Council in December of 1993. Although the applicant had requested approval for a five- year term, the Council expressed concerns relating to the impact of a school site on the development potential of the EastLake Business Center in general and particularly as a "High Tech - Bio Tech" area. In approving the 2 1/2 year term, it was stated that this permit could be considered by the City Council for renewal and extension beyond the approval date in consideration of the following specific factors: (1) whether there exists, or there is expected in the near future to exist, within the EastLake Business Park a demand for sites by users which, by virtue of requirements of law involving the siting of hazardous waste generating uses within a given distance from an operating school, may require such prospective users to engage in costly and time consuming studies and reports before such use may be allowed; and (2) the potential for conflict with surrounding development and/or any changes in the plans for the Business Center. The permit was also conditioned upon the requirement that any request for extension of the permit be submitted and considered at least one year prior to the June 1996 expiration date. This was intended to allow the school ample time to find an alternate location and relocate if an extension was not granted. Classes are held from 8: 15 a.m. - 3:00 p.m. Monday through Thursday, and 8: 15 a.m. _ 12:00 noon on Fridays. As mentioned previously, recreational facilities are provided at Scobee Park under an agreement with the EastLake Business Center Owners Association. Under that agreement, recreational and physical education classes may take place between the hours of 9:30-11:30 a.m. and 1:30-4:00 p.m. Monday through Friday. City Planning Commission Agenda Item for Meeting of January 11, 1995 Page 3 ProDosed Use The applicant proposes to extend the approval period of the existing conditional use from from June 30, 1996 to September 30, 1999. Additionally, the applicant requests permission to expand current operations to the second floor of the existing building, increasing the floor area utilized to include the entire building, or a total of approximately 20,000 sq. ft. and increasing its population to a maximum of 260 students and 34 staff (see operational profile attached as Exhibit "A"). The requested expansion would allow the school to relocate its elementary grades from their Naples location to the Fenton site. Thehours of operation would not change. In support of the request, the applicant cites the following factors (see Exhibit "B"): · the extension is supported by EastLake · the school is consistent with the atmosphere of the center · no biotech company in San Diego has ever been required to do a RMPP · there is no requirement for a business locating within 1000' of a sensitive population to develop an RMPP; the school will not affect prospective users with regard to expensive testing requirements (see staff comments on page 5) EastLake Development Company has written a letter endorsing the request (please see letter from Curt Stephensen of EastLake, attached as Exhibit "C"). D. ANALYSIS Staff has not received any complaints involving, nor have we been informed of any problems regarding, the existing school operations. The conditions of approval have been met, and the applicant is requesting this extension/expansion well in advance of the June 30, 1995 deadline (one year prior to the June 1996 expiration date) specified in the original approval. ComDatibilitv On December 21, 1994, the Planning Commission voted 4-0 to recommend approval of amendments to the EastLake Business Center Planned Community Regulations to establish a planned "High Tech/Bio Tech" zone encompassing Phase I and II of the Business Center (see attached Exhibit "D"). This zone is being created specifically to attract and encourage certain qualifying high technology and bio-technology businesses through streamlined regulations and approval processes. The amendments will be considered by the City Council on January 24th. Although the site is presently surrounded by vacant property and is located on the eastern periphery of Phase I of the Business Center, it will eventually be almost directly in the middle of the Center with the Phase II expansion. According to EastLake Development Company, the expansion is not expected to occur for 3-4 years based upon recent low levels of interest and development within the Business Center. This would generally coincide with the term of the extension which has been requested. City Planning Commission Agenda Item for Meeting of January 11, 1995 Page 4 On the other hand, the recently recommended ordinance changes are expected to intensify interest in the High Tech/Bio Tech program and increase demand for properties within the Business Center. Staff is of the opinion that the existence of the school could discourage some potential users from locating in the Business Center, not only in the short term, but also for the long term, in the sense that prospective users would have no guarantee that the school would not be further extended or even perhaps established as a permanent use at this location. Setting aside the issue of hazardous materials, which is discussed on page five of this report, a school use is not considered by staff to be appropriate in the middle of a developing industrial area. There is much merit to the argument that schools and childcare facilities should be located in close proximity to places of employment. However, from a planning perspective, uses of this type should ideally be accommodated at the periphery of commercial and industrial areas so as to minimize conflict between these very different types of uses. In fact, EastLake is required to provide a total of 10.8 acres for Community Purpose Facilities. A number of factors create the potential for conflict between childrens' schools and industrial uses. Heavy truck traffic along Lane Avenue would pose a potential safety issue with children crossing the street on their way to and from recreation activities at Scobee Park (albeit accompanied by adults). Additionally, the noise of truck traffic and the emissions associated with them are often not conducive to the atmosphere sought for schools or child-related activities. Noise is also a potential source of conflict between these two uses. Not only could noise generated by Business Center uses negatively impact school operations, but perhaps more importantly in this case the noise generated by children playing, and the other activities associated with a school use, can be distracting and disruptive to research and development, administrative, or other similar activities associated with Business Center operations as well. The plans for the new High Tech/Bio Tech zone include a streamlined permitting process that will enable new businesses locating in this area to bypass the traditional Design Review and Conditional Use Permit processes through a special Council Subcommittee. The new regulations developed for this zone are specifically aimed at attracting and fast- tracking new industrial development. Therefore, although the properties on this portion of the Business Center are currently vacant, it is possible that new businesses could be established in a relatively short period of time. Certainly decisions regarding future locations could be made very quickly by companies. It is also staff's concern that having a school in close proximity to a potential site may have the effect of further inhibiting or discouraging prospective businesses that handle hazardous materials from considering the location. According to HMMD, pending federal regulations may impose additional restrictions on hazardous materials handlers in the near future. Further, existing regulations are subject to change. For example, the City Planning Commission Agenda Item for Meeting of January II, 1995 Page 5 classification of what materials are "acutely hazardous", as well as the threshold planning quantities of existing identified AHMs, is regularly revised/ updated. Potential users must therefore consider not only current regulations affecting their businesses, but also possible future changes that might relate to the issue of sensitive populations. The potential for impact on a Business Center user which handles hazardous materials, resulting in increased costs either through studies or modifications to operations or potential liability , could easily lead a prospective business to choose a site where no such population exists nearby. Given the potential for conflict between the school and the planned users of the EastLake Business Park, the proposal to extend the term of the permit does not appear to be consistent with the second factor to be considered in approving an extension, i.e. the potential for conflict with surrounding development and/or any changes in the plans for the Business Center. County Hazardous Materials Management Division Requirements Prior to January, 1992, Section 65850.2 of the California Government Code prohibited a city or county from permitting a new facility which handled acutely hazardous materials (AHMs) to be constructed within 1000 feet of a school unless the requirements of a Risk Management and Prevention Program (RMPP) were first met and approved. On January I, 1992, this Section was revised, and the reference to 1000 feet was removed. (Absent specific criteria, however, HMMD continued to use the 1000' rule until new standards were adopted in August, 1993. HMMD staff has confirmed that the applicant is correct in contending that no biotech company in San Diego has ever been required to do an RMPP (apparently they generally handle acutely hazardous materials below the Threshold Planning Quantity). However, numerous high-tech companies in San Diego have been required to prepare this document. With the new standards, the County of San Diego Department of Health Services, Environmental Health, Hazardous Materials Management Division (HMMD), as the administering agency, is required to make a specific determination as to whether a new or modified business operation would create an acutely hazardous materials accident risk. If so, an RMPP is required. To make this determination, the HMMD and a Technical Committee established an acutely hazardous materials accident release screening model. Businesses that handle acutely hazardous materials (AHMs) that fall below the threshold planning quantity (TPQ) are exempt from preparing an RMPP. Businesses that handle levels of AHMs at or above the TPQ, are screened through a computer model that uses various factors to determine whether an accident could result in an off-site release (gasses being the most likely problem). City Planning Commission Agenda Item for Meeting of January 11, 1995 Page 6 One of these screening model factors considers whether the facility in question is located within a rural or an urban setting; however, proximity to a particular "sensitive" population is not involved (see letter to applicant from Mike Handman of HMMD, attached as Exhibit "E"). Such proximity would, however, require additional analysis for the purpose of addressing the population if an RMPP was required. Since proximity to a school would not in itself trigger the RMPP, the first factor for consideration of renewal of the penn it would appear to be successfully addressed. Alternatives If the Commission is reluctant to maintain the eXlstmg deadline of June 1996 for expiration of the pennit, provision could be made to allow an administrative extension upon the submittal of documentation by the applicant that plans for a pennanent site are being actively pursued. Such an option should only be considered near the expiration date of the existing approved tenn, perhaps within six months of June 1996, (by the end of December 1995) and should be for no longer than a six-month or twelve-month period. A second alternative, suggested by the applicant, is the approval of the extension subject to periodic (e.g. bi-annual, in June and December) review. The applicant suggests that approval could be conditioned such that, if new businesses locate within the Business Center and create the potential for "conflict" with the school, the school could be required to vacate the property within a six month period designed to coincide with the end of a given school tenn (e.g. in June or December). The second alternative is not supported by staff for several reasons. First, it suggests a framework for defining and detennining conflicts which does not yet exist. Second, it would likely require and suggest to prospective businesses the prospect of extended and time consuming detenninations of conflict. And, finally, it does not address and may arguably exacerbate the perception of potential conflict by businesses considering a location in the Business Center. ATTACHMENTS Commission and Council Resolutions Locator an<.l Floor Plans Exhibit "A" - Applicant operational protile Exhibit liB" - Applicant letter Exhibit "C" - Letter from Curt Stephenson, EastLake Development Exhibit "D" - High Tech/BiD Tech zone boundaries Exhibit "E" - Letter from HMMD Disclosure Statement RESOLUTION NO. PCC-94-09(M) RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL DENY A REQUESTED TIME EXTENSION BUT APPROVE AN EXPANSION FOR AN EXISTING CONDITIONAL USE PERMIT (PCC-94-09) TO COVENANT CHRISTIAN SCHOOL TO OPERATE A PRIVATE SCHOOL AT 2400 FENTON STREET WITHIN THE EASTLAKE BUSINESS CENTER WHEREAS, a duly verified application for the modification of an existing conditional use permit was filed with the City of Chula Vista Planning Department on November 21, 1994 by Covenant Christian School; and, WHEREAS, said application requests approval of a modification to Conditional Use Permit PCC-94-09 to extend the approval through September 1999 and expand operations to include the second floor for the existing private school at 2400 Fenton Street within the EastLake Business Center; and, WHEREAS, the Environmental Review Coordinator has determined that this project is exempt from environmental review under CEQA as a Class 1 exemption, the operation of an existing facility; and, WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit modification 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 within an area of 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 January 11, 1995 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council deny the request to extend the term of the permit but approve the request to expand operations to include the second floor based on the findings and subject to the conditions contained in the attached draft City Council Resolution. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 11th day of January, 1995 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: William C. Tuchscher II, Chair Nancy Ripley, Secretary RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING A REQUESTED TIME EXTENSION BUT APPROVING A REQUESTED EXPANSION OF AN EXISTING CONDITIONAL USE PERMIT (PCC-94-09) TO COVENANT CHRISTIAN SCHOOL TO OPERATE A PRIVATE SCHOOL AT 2400 FENTON STREET WITHIN THE EASTLAKE BUSINESS CENTER 1. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as 4500 Fenton Street, and for the purpose of general description herein consisting of 1.25 acres located on the south side of Fenton Street, within the EastLake Business Center ("Project Site"); and, B. Project; Application for Modification to Conditional Use Permit WHEREAS, a duly verified application for a modification of Conditional Use Permit PCC-94-09 was filed with the City of Chula Vista Planning Department on November 21, 1994 by Covenant Christian School; said modification requesting an extension of the term of the permit from June 1996 through September 1999, and expansion of the school to include the second floor (the "Project"), and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on January 11, 1995 and voted _ to recommend that the City Council deny the extension but approve the expansion for the existing term of the permit in accordance with Resolution PCC-94-09(M); and, E. 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 _, 1995 to receive the recommendation of the Planning Commission and to hear public testimony with regard to same. F. Environmental Exemption WHEREAS, the Environmental Review Coordinator determined that the proposal is exempt from environmental review under CEQA as a Class 1 exemption, the operation of an existing facility. NOW, THEREFur<.E BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. 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 January 11, 1995, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. 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 or denial of conditional use permits or modifications thereto, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. A. That the proposed use at the 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 site does not represent a suitable location for the school to continue operations beyond the existing approved term due to the potential for conflict with anticipated development in the area, including the proposed High Tech/Bio Tech program. Several sites have and will in the future be reserved for Community Purpose Facilities in the eastern territories. The proposed expansion, within the existing approved time frame , will allow the school to consolidate their operations and should pose no additional impacts as conditioned for the present term of the permit. B. 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. Current plans for the area are expected to provide additional incentives for and attract industrial users. These users are not expected to be compatible with a school use, and conflicts and/or perceived conflicts between the two different types of land use could be detrimental to implementation of the plans and the health, safety, or general welfare of persons working in the vicinity as well as the children attending the school. The interim expansion of the existing facility under the originally approved permit term should not prove detrimental to either persons in the vicinity or the clients of the school. The second floor was previously occupied by another private school. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The expansion, as conditioned, will be required to comply with all applicable regulations, codes, and requirements. D. 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. With the approval of the interim expansion and the implementation of all conditions, the use will be consistent with the General Plan and the EastLake PC District regulations. IV. CONDITIONS OF GRANT OF EXPANSION OF PERMIT The City Council hereby grants the requested modification of Conditional Use Permit PCC-94-09(M) to expand operations at 2400 Fenton Street to include the second floor, subject to the following terms whereby: A. Occupancy. The occupancy of the building by Covenant Christian shall not exceed the staff/student figures provided by the applicant, i.e. 34 staff and 280 total students. B. Recreational Facilities. The applicant shall provide proof of the continued availability of Scobee Park for outdoor recreational purposes prior to expanded occupancy. C. Original Conditions. This permit shall continue to comply with all other original conditions of approval for PCC-94-09 not in conflict with the above, as stated in Resolution No. 17324. D. Post-Approval Conditions. This permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which 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. E. Time to Commence Use. This conditional use 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. V. NOTICE OF EXbyfPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. VI. 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, provisions 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 Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney LOCATOR AND FLOOR PLANS L- _\ I I ~L..t,...- J m ~:-:.:r:{~~i:.= ;:-f~.",,"." .>SCOBEY ^",-~'~ .' . .' .- ,.." -..!' PARK '--v.- '''', ........~ ' ; -. '.(jJ R !..V ~ ,1 ~) {:;.,. >:.r.."'I"..-,......... ,~,..,.. ~".' ";f~t~ ""-. ~...~. '" ~ PROJECT LOCATION --............ ) ~ CHULA VISTA PLANNING DEPARTMENT (!) APPLICANT: COVENANT CHRISTIAN PROJECT DESCRIPTION: MODIFICATION TO SCHOOL CONDITIONAL USE PERMIT TO ALLOW ADDRESS: 24OOFENTONSTREET EXPANSION AND EXTENSION OF TIME FOR A PRIVATE SCHOOL SCALE: FILE NUMBER: NORTH 1" = 400' PCC-94-09 ':!iN-ro;JJ ;.n'l::le.... ~ ~ ,!j a '> .., -il 5~ JJ'F ~ '" ~ ~ I 1< JI :u. 13 Jot 3{ 3~ -n STUDENT DROP-OFF TRAFFIC FLOW ~I-r~ PL-At-J POTENTIAL EVACUATION AREAS ? ~ '~ ~ '2 A '---" IJ ~ ~ 11)' ~ .., If) ~ \!1 :l - ~ ..I ~. CD \II 'Z j: VI '2 l- e tB - t- .. u:: $: \.I ~ z I- < 2 ;; I>> UI ! IJ .,.. 4) \: .. 'I., - ~ ~ : o .. Q:.., ~ c ~ ... B .. I:: cr", ... . " ~ ':f' loll v ~ '"' o .. Q:, .. ~ ~ C ~ .... .. .. ~ f'I' ... - '- ~ g -. .. '" .. '^ - 4 VI '7' S - oJ ~ \.... ~ w--, Of 8 u ~ ITfi! I I >- ~ ... II . I . ti , " i I . !U ~ : ,./ - ~ ....... r1il Q - ~ I ~.J L ~ 0& il ~!o Jg ...... - .... ill ~'! ~ i .c~ Ili8 '2.\1) c 111.1 .... S ~ I ~ "= \II I- (t J~ COo c-z... ~-, v. )l ':r' I ~ c 1100 I tl2JOj 1 Ii e: . I!) 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I .. ~ }.... tU ~ \.1.. \U \il ~ u.\ cJ ~ ~~ 'Z ~ c- I D~ 8~i ~ EXHIBITS / DISCLOSURE STATEMENT EXHIBIT A Covenant Christian School 505 East Naples Street, Chula Vista, CA 91911 November 21, 1994 Mr. Steve Griffin & Ms. Amy Wolfe City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 RE: Profile of planned usage of property at 2400 Fenton Street, Chula Vista, CA Covenant Christian School is currently applying for a Conditional Use Permit in connection with plans to lease approximately 10,000 square. feet on the ground floor of a building at 2400 Fenton Street, Chula Vista (in the Eastlake Business Center). 1. PROPOSED USE The applicant proposes to use this facility for the operation of a non-profit, religious (Christian) day school comprised of grades kindergarten through twelfth. Currently the secondary school (grades 7-12) are occupying the ground floor of the Fenton Street facility_ Leasing of additional space in the building to accomodate the rest of the school is anticipated in the future_ Covenant Christian School has been offering an alternative educational opportunity in the Chula Vista community for nearly twenty years, having operated at 505 E. Naples St., Chula Vista, CA since its founding in 1976_ It has a multi-racial and multi-national constituency made up of families who reside primarily in Chula Vista and other South Bay communities, though it draws students from as far away as EI Cajon. The proposed lease of this property is for a period of five (5) years, with an optional five-year extension. The school sees this site has having both short-term and long-term potential for accom- modating a thriving, growing school into the next century. 2. STUDENT POPULATION The enrollment for the 1994195 academic year is approximately 150 sudents, with the sec- ondary school comprised of 70 students currently occupying the Fenton Street property_ We pro- ject an incremental growth over the next five years (see the scheduled breakdown below) which would bring the size of the total student body to approximately 270 (152 elementary/I 16 sec- ondary). There are presently approximately 20 members of the administration, faculty, and staff (ap- proximately half of which are working at the Fenton Street facility). The anticipated growth in stu- dent population might require the addition of 5-10 more faculty/staff persons. USE PROFILE FOR COVENANT CHRISTIAN SCHOOL -- 2 3. HOURS OF OPERATION The hours during which classes are held are 8: 15 AM - 3:00 PM (Monday - Thursday) and 8:15 AM - 12:00 noon (Fridays)_ Staff members usually begin arriving around 7:30 AM and re- main until about 4:00 PM. 4. PARKING There is a total of 65 available parking spaces on sight, and there is currently no other tenant of the building. According to the mandaled ratio of parking to pupils, we would need a total of 20 spaces for the current size of our student body, and would need a total of 59 for our projected maximum en- rollment of c. 260 students (see the scheduled breakdown below). ELEMENTARY SCHOOL SECONDARY SCHOOL TOTALS # Students # Snaces /I Students If Spaces 1/ Students # Srmccs Year #1 100 20 100 20 Year #2 122 24 (86)* (2\)* 122 (208)* 24 (45)* Year #3 132 26 96 24 228 50 Year #4 142 28 106 26 248 54 Year #5 152 30 116 29 268 59 * If the elementary school is moved to the Fenton Street facility for the. 94/95 school year_ S. TRAFFIC FLOW ON THE PROPERTY Parenls will use the two driveway entrances on the north end of the property to drop off and pick up students before and after school (as outlined in our original request for a CU.P.). Faculty and staff parking will be along the east side of the building as indicaled_ There will be no anticipat- ed traffic to the rear (south) end of the parking area during school hours. A turn-around hammer- head area for emergency vehicles is provided in the rear of the building and will not be obstructed by any school use. In case of an emergency, the student body would be evacuated from the build- ing and assembled away from the flow of emergency vehicle traffic. 6. OUTDOOR RECREATION SPACE The applicant has received pennission from the Eastlake Business Center Owner's Association for the use by our students of Scobee Park for recreational and physical education purposes. The USE PRORLE FOR COVENANT CHRISTIAN SCHOOL -- 3 applicant is agreeable to the conditions set forth by the EBCOA, and will schedule its recreational and physical education classes to coincide with the times indicated by the EBCOA (i.e., 9:30-1] :30 a.m. and I :30-4:00 p.m. Monday through Friday). The students' passage to and from the park will be supervised by qualified staff personnel from CCS. If you have any questions about these revisions to our plans for our use of the building, please let us know. Respectfully submitteJ- hJ~~~-- Rev. Ra,;r W;gner, cgesident Board of Directors Covenant Christian School EXHIBIT B RETAIL PROPERTIES GROUP, INC. A Full Service Commercial Real Estate Company October 19, 1994 Mr. steve Griffin City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 RE: REQUEST FOR MODIFICATION OF EXISTING C.U.P. 2400 FENTON STREET, CHULA VISTA Steve: Please consider this letter a request for modification of the above referenced Conditional Use Permit on behalf of Covenant Christian School. The items Covenant Christian School specifically request to modify on the C.U.P. are as follows: 1. Extend the term of the C.U.P. by three years to a new expiration date of September 30, 1999. 2. Change the C.U.P. to allow the entire building to be used as a school use. 3. Increase the total number of students allowed at the building from 208 students currently to 270 total students. First, with regard to requests 2 and 3, it is our belief that because Bonita Country Day School formerly occupied the upstairs of the building for two years, Chu1a Vista has already scrutinized and approved the upstairs for school use. Bonita Country Day School's usage of the upstairs space was very similar to the proposed usage by Covenant Christian School which is primarily classrooms for grades seven and above. Regarding the increase in total student population, we are only requesting a 62 student increase, even though the school is doubling it's square footage from 10,000 to 20,000 square feet by taking the upstairs space. Second, in reference to the request for time extension of the C.U.P., Covenant Christian would like to present the following reasons why the request should be granted. First, EastLake Development Company, in a letter dated September 22, 1994 supports an extension of the C.U.P. for five years and specifically states in the letter that this use is consistent with the atmosphere they are projecting for the community. Second, this use will not negatively impact on any future Biotech use within EastLake Business Center. According to Michael Dorsey, the Supervising Hazardous Materials Specialist with the City of San Diego HAZMAT, in a letter dated October 19, 1994, of the over 200 biotech companies currently operating in San Diego County, NOT ONE has ever been required to undergo a Risk Management Prevention Plan (RMPP). This is because no currently Telephone (6 i 9) 453-9990 FAX (619) 453-9965 5230 Carroll Canyon Road, Suite 100 San Diego, California 92121 operating biotech company has ever reached the threshold use for acutely hazardous materials. In addition, according to Mr. Dorsey, proximity to a sensitive population such as this school or a hospital does not trigger an RMPP anyway. They are triggered ONLY by exceeding the threshold use for acutely hazardous materials. Even if a school use were to impact a biotech company with regard to having to perform an RMPP, it still makes no difference that a school is placed on this site because Kaiser Hospital is directly across the street and next to Kaiser is a Communities Facility Zone proposed for daycare use. Both of these uses are also listed as sensitive populations in relation to RMPP's. The conclusion of these facts is that the location of Covenant Christian School on this site has absolutely no impact on any future Biotech activity or any other potential user interested in locating within EastLake. In Section 3 of the Covenant Christian C.D.P. (Res. No. 17325), regarding extension of the existing C.D.P. the document states: The primary factors to be considered in renewing and extending the permit is 1. whether there exists, or there is expected in the near future to exist, within the EastLake Business Park a demand for sites by users which by virtue of requirements of law involving the siting of hazardous waste generating uses with a given distance from an operating school, may require such prospective users to engage in costly and time consuming studies and reports before such use may be allowed, and 2. the potential for conflict with surrounding development and/or changes in the plans for the Business Center. We believe that we have adequately demonstrated that the two criteria for extension of the C.D.P. listed above have been satisfied: I. EastLake supports the extension for a five year period. 2. The school is consistent with the atmosphere of the center. 3. No Biotech company in San Diego has ever had to do an RMPP because no currently operating biotech company has exceeded the threshold for hazardous materials. It is EXTREMELY unlikely that EastLake will attract the first biotech company in San Diego to exceed this threshold. 4. The school will in no way affect prospective users with regard to expensive hazardous materials testing. 5. The school sits across the street from Kaiser hospital and the C.F.D. zone, and both uses, like the school, are listed as sensitive populations under the code. There is NO requirement for any business constructing a facility withing IOOO feet of a sensitive population to develop a RMPP. If the city does not intend to ultimately move Kaiser then a school located across the street is a non-issue. It is for these reasons that Covenant Christian School respectfully requests that the modification to the existing C.U.P. be granted. Sincerely, ~:L _p[M:.rOUP' Dan Malcolm Associate Vice President INC. dm:covchris Enclosures EXHIBIT C September 22, 1994 Mr. Dan Malcolm RETAIL PROPERTIES GROUP 5230 Carroll Canyon Road, Suite 100 San Diego, CA 92121 Re: Covenant Christian School Dear Dan: Covenant Christian School is a tenant in a building that is in the EastLake Business Park. We understand that they will seek an extension of their current Conditional Use Permit. To that extent EastLake would like to make the following statements: 1. EastLake Development Company has not heard nor been noticed that any rules or regulations imposed by the Business Center have been violated during the past year. 2. The recreational facilities at Scobee Park were not designed or equipped for school use, however, at present there has not been any ascertainable wear and tear associated with Covenant Christian's use beyond normal. 3. The use on a conditional basis, is consistent with the atmosphere that EastLake Development Company is projecting for their community. It is for these reasons EastLake would support an extension of the Conditional Use Permit for Covenant Christian for a total period of five (5) years, Please call if you have any questions or concerns. Respectfully yours, --- CS:ds cc: Steve Griffin - City of Chula Vista .AI .. ~ ,AIIIiI E"ASTLAKE DEVELOPMENT COMPANY 900 Lone Avenue Suite 100 Chulo Visto. CA 91914 (619) 421-0127 FAX (619) 421-1830 EXHIBIT D -eJ6- ,.j d .. C-.'. \ Q -- ;;JPHASE I M PHASE II ~ - CHULA VISTA PLANNING DEPARTMENT WCATOR ......CMT: City Initiated PROJECT DESCRIPTION: DIGH)'ECH I BIQ TECH ZONE C9 ADDtIDI: EAS'I'LAKE BUSINESS CENTER. PHASE I . 0 KALE: .... ...,..IEA: NORTH NONE PCM-95-06 "II , , 'II I I I, Ii EXHJ8IT E ..:, . . QIl}UHt~ .of ~all ~ieBu "OE'ERr K. noss, M. D. OIn.~CTon DEP/\nlMf,Nl. '.:Jr' HEALTH SERVICES ENVIHClNMEN1A'_ H!;'!\LTH SERVICES OIIICE OF 1HE DF.~UIY DIRICIOR r. O. BOX 85261 SAil OI~GO. CA 921S~'5?61 (619) 338-2222 Fox .: 33S.2174 HIIZ/'UWOUS HJ\T,!':IlIAJ..G AAUhGl':mm'J' I>IVISION r. O. BOX 85261 .';AN DIEGO, cr, 921e6-5261 (619) 338-,2222 o~tober 19, 1994 Dan Malcolm Retail Froperties Gr.oup, Inc. 5230 Ct\r.~'oll canyon Road, suite 100 San Diego, CA 92121 REI Propos9~ B~stlak9 BiQt.~h Zone - Chula vista Deal' foIl'. Malcolnu 'Illts ia in rer,ponsI1< to ~'our. Cctobf3!r 13, 1994 letter. In regards to the San Di~g" CO'lnty Haz!!.rdoun !1t\tey.iels r~atJ.!gemetlt Di viBion I s il'JoIJ"ID) pJ.Rk ''I,HHlg\!Rlent (md Prevention Program (RMPP): 1. Cu:r:rent.ly (lr, t'l'",ratlng biot.9Ch company in San Diego Ct'tlllt}. 113E1 been 1.equired to prepare a Risk r~anagf}roE\nt tl!1d Prevention Program. 2. I'roximity t.o the y.l\lser Hosp:l.t.al or 'lilY other IHmsitiv'3 populaticn doe I; Ilot by itself, req,dre a businflss !:.o prepare a RMPP. The RlfPP process ~s precipitated by the amount of acutely hazardous materials (AlIMa) a business has on Bite and the manlier in which those ARMs are handled. 3. Bj.ot.er:h c01!lpau:lJO!s in San Diego county use ARMs and other ha:r.!lrdo1!r,'. reat4!rlals, In I'!ost cases Il'~wever, biotech comp"niea h'm::Ue Amls be-lclw the threshold planning 'Itta./t.Hey ('t'l'Q) lCJvels that would r:eqll ire a RliPP. However, the HMfolfl Ins the authQrity to n~quire a busineE!1I that handles aJI lIHM below TPQ to prepare a RHPP if it is determin'3d thete is It ,;IigniUcant likelihood of an accident risk. 4. section 25534.1 in the California Uealth & Safety code requires the RHPP prClcess to gl\-e consideration to populations loc"ted in schools, reEd.dent.ial areas, general acut~ care hospitals, lOllg-!:.erm health care facilit.ies, al~ child day care facilities. There i9 no req'~irement for a busin'?ss constructing !I. facility within "Pre.'e" till" Comes First" ._ ~_~. n_. _. Dan Meluolm -2.. Ootob$r 19, 199. a 1000 f<?et 0:' allY sEmslt.i.ve population to devf\lop 11 RHPP pdo::' t-c:. ':>~'--'-'r'u'cY. Exist.ing law now requires the HMHD t,., ,1'?t8rm.l.n.,; if therE! if'! a Gignlficllnt likelihood that: a b.!f. Ln,,""'s's hood] lng of an I.UM cO'lld pose an accid~nt 1'101<. The- IIMJID ur"e-R a r.'onserv"ti V" cc.mpllter air model to make these determinations. In clmJing, the ll1iMO encourages 1'111 city pl.::llming and building departments to I_ocat", .blls!.nr,>ss~'3 thl'.t h.~nd1e h/!!ts and hazardous materials .in the approprbJte bu:Ud.ing ZOlle" to ovoid conflicts over land use if.'lsues. PI"",,,;e call me at (619) 338-2372 if you have any quest.ions. Sincerely, <?~;=: /~a~// I"~HIIEI; DORSEY, SlIp'?Ii?(,.1 s Il1g Haz1'\rdou(' l,,,ter 11'1.1'3 Special 1st ,rtuzan1olls Mat.aria1!:' H!)l\w,Jelllent DivIsion MD:md co: Janet Ortiz, chief, IIMMD Mike lIandman, Progrfl.m Coordinator, mum 1HE C' OF CHULA VISTA DISCLOSURE S1 EMENT You are required to file a Slalement of Disclosure of ccrtain ownership or financial interests, paymenls, or campaign conlribulions, on all malters which will require discrelionary aelion on Ihe part of Ihe City Couneil, Planning Commission, and all other official bodies. The following informalion must be disclosed: \. Lisl the names of all persons having a financial inleresl in the property which is the subject of the applicalion or the contract, e.g., owner, applicant. contractor, subcontractor, material supplier. (:nrnrm nl1nf~;::> - M~n::lging ~DT\Q""Q' P"'....tner T NAu;nc;: M,.,R,...ir!", _ CDnQ't'"<:Il P"'.,..t-n"'.... H::In~ r.n~~hD1M _ r-an"'...."'l P"'....~n~r 2. If any person' idenlified pursuant to (I) above is a corporation or partnership, lisllhe names of all individuals owning more than 10% of the shares in the corporal ion or owning any partnership interest in the partnership. 3. If any person' identified pursuant to (I) above is non-profit organi7..ation or a trust, list the names of any person serving as direelor of the non.profit organi7..alion or as trustee or bcnenciary or truslor of the trust. 4. Have you had more Ihan $250 worth of business Iransaeted willi any member of the City slaff, Boards, Commissions, Commitlees, and Council wilhin the pasl Iwelve months? Yes_ No_ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultanls, or independent conlractors who you have assigned to represenl you before the Cily in Ihis malter. Dan M21cnlrn - Rp.tRil P,...npp",,~;;::>c;: r.rnup 6. Have you and/or your officcrs or agents, in Ihe aggregate, contributed'more than $1,000 to a Councilmembcr in Ihe eurrenl or preceding election period? Yes_ No_ If yes, state which Councilmembcr(s): Date: 11-21-94 . . . (NOTE: Altach addilional pages as n ry) . . . d ~ Signature 0 nlraclor/applicant ~6.EL WAc,t0Ei2- VilES- Print or type name of contraelJ/applicanl . ptr$(JII is tkfi,tcd as: "AllY uldividua/, finn. co-partlltrSltip, joUu venture. a.f.todaliml, social club, {ralmlal orga1lizalioll. cOfJ'O'otion. esllJlt, I1'Wt, receiver, tyndiclUt, lh.is DluJ allY other cowuy. city ami (OIlIIl1)', city mutlicipality, district, or OIlier {'QIi,i(oJ mbdb'isWtI. or m,y allier group 01 combulD,iOlI ocutlg III II uniL"