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HomeMy WebLinkAboutReso 2007-191 ,.. "... '"' -- Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: D. Vargas f?> lip Nf Ir1UV) DOC # 2007-0616881 Ill1illllll Illli lIili 111111111111111111111111111111 illlllllllllll !II SEP 20, 2007 3:01 PM DFFlCI.6.L F:E(-'iJF:OS '~,.6N ['IIELiO CIJut.-~ I', HECOHDEF:'~; iJFFICE GREG[I~::'{' .1, '~;M!T~!_ [DUNl"{ RECOF:DEF: FEb li.OO PAGES: II 1 1111II 111I1 11I11 1111111111 11111 11111 11111 11111 II!II 1111 1 11111 11111 II!IIIIII 1111 This space for Recorder's use only Resolution No. 2007-191 Document 1itle ~""o. RESOLUTION NO. 2007-191 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE RENOVATION AND EXPANSION OF AN EXISTING CHURCH/SCHOOL FACILITY KNOWN AS ST. ROSE OF LIMA CATHOLIC PARISH LOCATED AT THE NORTHEAST CORNER OF THIRD A VENUE AND "H" STREET I. RECITALS A Project Site WHEREAS, the areas of land, which are the subject matter of this Resolution, are diagrammatically represented in Exhibit "A" and hereto incorporated herein by this reference, and commonly known as St. Rose of Lima Catholic Parish, and for the purposes of general description consists of approximately 3.9 acres at the northeast corner of Third Avenue and "H" Street. (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on January 13, 2006 by St Rose of Lima Catholic Parish (Applicant), requesting approval of a Conditional Use Permit to renovate and expand the existing church! school facility in three construction phases (Project); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including Precise Plan guidelines adopted City Council Ordinance Number 3079 on July 17,2007; and D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 27, 2007, and after hearing staff presentation and public testimony, voted 4-0-3-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 27, 2007, and the minutes and Resolution resulting there from, are incorporated into the record ofthese proceedings; and Resolution No. 2007-191 Page 2 E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project sites at least 10 days prior to the hearing; and F. City Council Hearing WHEREAS, a duly called and noticed public hearing on the Conditional Use Permit was held before the City Council of the City ofChula Vista on July, 102007, on this Project and to receive recommendation from the Planning Commission and Resource Conservation Commission, and to hear public testimony with regard to same; and WHEREAS, the meeting was held at the time and place as advertised, namely 6:00 p.m. July 10, 2007, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby find, determine and resolve as follows: II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-013 in accordance with the California Environmental Quality Act. Based upon the results ofthe Initial Study, the Environmental Review Coordinator has determined that the project could result in significant impacts on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-013 and associated Mitigation Monitoring and Reporting Program. III. INDEPENDENT JUDGEMENT OF THE CITY COUNCIL WHEREAS, the City Council found that Mitigated Negative Declaration IS-06-013 has been prepared in accordance with the requirements of the California Environmental Quality Act, and Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the City Council considered Mitigated Negative Declaration IS-06-013 together with any comments received during the public review process; and WHEREAS, the City Council further finds that on the basis of the whole record before it, (including the initial study and any comments received) the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and Resolution No. 2007-191 Page 3 WHEREAS, the Mitigated Negative Declaration and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption ofthe Mitigated Negative Declaration is based; and WHEREAS, the City Council found that the Mitigated Negative Declaration reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Mitigated Negative Declaration prepared for this Project. IV. CONDITIONAL USE PERMIT FINDINGS/APPROVAL A. 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 COMMUNITY. The existing church facility was established and has been operating since 1921 at this location. The school was established in 1948 and has also been operating since then. The renovation and expansion of the church campus is necessary to upgrade the facility to meet current parish demands. The renovation/expansion of the church and school campus will also result in a positive contribution, in terms of services and physical improvements to area residents, to the surrounding neighborhood and overall City's urban core area. Thus, approval of this conditional use permit is necessary and highly desirable to continue providing religious and academic services to the neighborhood and the community in general. 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 IMPROVMENTS IN THE VICINITY. As indicated above, the church and school have been operating and serving the community at this location since 1921 and 1948, respectively. The facility renovation is extensive, but the expansion at build out is relatively minor except for the church/sanctuary facility. While the school capacity will only increase by approximately 12 percent, the seating capacity of the church will mcrease by 87 percent. Parking capacity will also be expanded to insure parishioners have adequate parking available. This will be accomplished by both on- and off-site parking. Over half of the required parking will be provided at the nearby Gateway parking structure, accessible via pedestrian travel.. With this additional capacity, the church/school will be able satisfy the demand for school services and parish accommodations without impacting nearby residential and commercial areas. Thus, approval of this conditional use permit will result in a substantial improvement to this area and enhancement to the services already provided by the applicant to area residents. C. THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THE CODE FOR SUCH USE. All aspects of the proposed master plan CUP will comply with the regulations and conditions specified in the Chula Vista Municipal Code for such use. The use of shared parking to accommodate the once a week requirements generated on Sundays will be the subject of an agreement between the applicant and the City of Chula Vista. In addition, the project conditions of approval require the operation to be in continuing compliance with all applicable city codes and regulations. The project has been conditioned to obtain a parking agreement (based upon an approved parking analysis) proving they have sufficient off-site parking to provide a total 429 required parking spaces, or revise the sanctuary floor plan to reduce the seating capacity in order to meet parking requirements. Resolution No. 2007-191 Page 4 D. THAT THE GRANTING OF THIS CONDITIONAL USE PERMIT WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE ICTY OR THE ADOPTED PLAN OF ANY GOVERNING AGENCY. Although the property is zoned R-3, Apartment Residential, the General Plan land use designation is Mixed Use Transit Focus Area, which could accommodate a mix of residential, office and retail land uses. However, churches are unclassified uses in the Zoning Ordinance and may be located in any zone, provided a conditional use permit is approved. Based on this, Conditional Use Permit complies with the General Plan, and the Zoning Ordinance. V. CONDITIONS OF APPROVAL PLANNING & BUILDING DEPARTMENT A. The following conditions shall be incorporated into the plan by the applicant prior to issuance of building permits for this project, unless otherwise specified: I. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1299. 2. A parking management plan must be submitted to the Director of Planning and Building, for review and approval. The management plan shall describe how parking will be managed before and after services including the order in which the various parking locations will be utilized with off-site parking areas being the last area to be parked. The plan shall describe parking management at each of the proposed three phases of construction. 3. Applicant shall prepare and submit a revised site plan reflecting the required 9'6" dedication along the entire H Street frontage. Said plan shall shift the proposed 10-foot landscape strip shown between the two driveways along H Street behind the ultimate right-of-way line, shifting the parking spaces accordingly. Parking table shown on site plan shall be changed accordingly to reflect new distribution between on and off-site parking. 4. Prior to issuance of first building permit for Phase I, applicant shall provide the City with the following: (1) an executed copy of private parking agreement between Gateway (existing Donor) facility and St. Rose of Lima Catholic Parish (Recipient); and, (2) an executed two party agreement between City and applicant whereby applicant agrees to provide for a minimum of 51 off-site parking spaces. Said agreement shall be reviewed and approved by Planning, Engineering and City Attorney. 5. Prior to issuance of building permits for Phase III, applicant shall provide the City with the following: (1) copy of current executed contract between parking donor and applicant for a minimum of 257 required off-site parking spaces; (2) new Shared Parking Study to verify parking still available; and (3) updated two party agreement between City and applicant to provide all required parking. 6. Prior to issuance of building permits for Phase III, a final landscape and irrigation plan prepared by a landscape architect shall be prepared and submitted for review and approval by the City. Said plan shall reflect the changes of the revised site plan noted in Condition 4 above. ~ Resolution No. 2007-191 Page 5 7. The applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineer the mitigation measures identified in the St. Rose of Lima Catholic School and Church Complex Mitigated Negative Declaration (IS-06-013) and associated Mitigation Monitoring and Reporting Program. ENGINEERING CONDITIONS 8. Prior to Phase III or any development along H Street property frontage, whichever comes first, applicant shall obtain a construction permit from the Engineering Department in order to widen H Street by 7'6" with a transition to existing curb line between the two proposed driveways. New sidewalk along H Street shall be 8 feet wide and transition to existing sidewalk as approved by the City Engineer. Relocation of any existing utilities such as storm drains or traffic signals as a result of the street widening shall be the responsibility of the applicant. 9. Dedicate 9'6" of right-of-way along the entire "H" Street project frontage prior to performing street widening described in Condition 8 above. The applicant shall dedicate right-of-way as needed along any fronting street for installation of new driveways and/or pedestrian ramps to meet current ADA requirements. 10. An improvement plan prepared by a Registered Civil Engineer showing the street widening on "H" Street shall be submitted to the City and said improvements shall be guaranteed by bonding before approval of any Phase III Building Permits. Any additional improvements required as a result of the widening (storm drain inlet relocation, traffic signal relocation, pedestrian ramp relocation, etc.) shall be included on the improvement plans. FIRE DEPARTMENT CONDITIONS: II. Building permits shall comply with 2001 California Fire Code (or adopted code at time of permit application), and applicable Chula Vista Fire Department regulations. 12. Prior to issuance of building permits for Phase I, an on-site fire hydrant shall be provided on the Alvarado Street side of the proposed rolling gate for the middle parking lot area. Said hydrant must be within 50 feet of the Fire Department Connections. 13. Prior to issuance of building permits for Phase III, applicant shall: a) relocate the proposed Fire Department Connection and Post Indicator Valve to the median or other accessible location within the proposed parking lot, and b) provide an on- site fire hydrant on the "H" Street side of the proposed rolling gates in the middle of the parking lot area. 14. Buildings shall be protected by an approved fire sprinkler and alarm system, to the satisfaction of the Fire Department. Resolution No. 2007-191 Page 6 IS. The applicant shall comply with all other requirements of the Fire Department including obtaining an operational permit for public assembly. 16. The applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineering Department the mitigation measures identified in the St. Rose of Lima Mitigated Negative Declaration (IS- 06-013) and associated Mitigation Monitoring and Reporting Program. 17. The applicant shall operate the church campus in compliance with the Performance Standards, CVMC Chapters 19.66 and Performance Standards and Noise Control, Chapter 19.68. B. Upon certification by the Director of Planning and Building for occupancy or establishment of use allowed by this Conditional Use Permit, the following conditions shall apply: 1 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. 2 The project shall remain in compliance with all applicable conditions of approval ofDRC-06-50. 3 The hours of operation for the project shall be as follows: a. Before School student drop-off hours shall be Monday through Friday, 7:00 a.m. to 8:00 a.m. b. Parochial School Hours shall be Monday though Friday, 8:00 a.m. to 2:30 p.m.; Saturdays: 8:00 a.m. to 11 :00 a.m. c. After School student pick-up hours shall be Monday through Friday, 2:30 to 3:00 p.m. d. After School Care shall be Monday through Friday, 2:30 p.m. to 6:00 p.m. e. The church/sanctuary service hours shall be Saturdays, 7:30 a.m. to 10:00 a.m.; 5:00 p.m. to 7:30 p.m.; Sundays, 7:00 a.m. to 8:30 p.m. Weekday services are 6:15 a.m. and 8:00 a.m.; 5:00 p.m. to 7:30 p.m. f. Funeral services in the church/sanctuary shall be Monday through Friday, 9:00 a.m. to noon. g. Other liturgies in the church/sanctuary shall be on Saturdays, 10:00 a.m. to 4:00 p.m. and 7:00 p.m. to 9:30 p.m. h. Other group meetings shall be held in the church/sanctuary Monday through Friday during evening hours. 1. Parish Social Hall hours shall be Monday through Friday, 4:00 p.m. to 10:00 p.m.; Saturday/Sundays, 7:00 a.m. to 11 :00 p.m. with the exception of the upper floor, which will be utilized during normal school hours. J. Pastoral Center hours of operation shall be Monday through Friday, 8:00 a.m. to 9:00 p.m.; Saturdays/Sundays from 9:00 a.m. to 6:00 p.m. 4 In the event the existing Donor Site (Gateway) being utilized for off-site parking will no longer be available, the following process must be complied with by the applicant to ensure all required off-site parking is provided (or cease operations to level where parking is provided): Resolution No. 2007-191 Page 7 a. A minimum of 90 days prior to termination of existing parking agreement, Gateway (existing Donor) must notify St. Rose of Lima Catholic Parish (Recipient) of intent to terminate agreement. b. Within 5 days of notification of termination, applicant shall inform City of existing Donor intent to terminate agreement. Applicant shall proyide City with alternative location(s) they will propose to utilize to provide required off-site parking. City will review proposed locations and determine if additional discretionary approvals or additional environmental review will be required. c. Within 30 days of notification of termination, applicant shall provide City with a Shared Parking Report demonstrating availability of excess parking on the new Donor site, which is available for used during hours of church servIces. d. Within 60 davs of notification of termination, applicant shall provide City with 1) new shared parking agreement between new Donor and Recipient, and 2) Updated agreement between applicant and City for on-going provision for off-site parking. 5 Applicant shall ensure operation remains in compliance with the parameters of the use outlined in the application, the CVMC, and this Resolution, including the following: a. Maximum sanctuary seating shall not exceed 1,500 persons. Expansion of capacity shall require approval of the Planning Commission. b. School capacity (preschool-12th) shall not exceed a maximum of 400 students. Expansion of capacity shall require approval of the Planning Commission. c. All community service uses to be held on site shall take place entirely within the building and shall be coordinated by the church. Periodic meetings for civic groups shall not require individual review; however, meeting sizes shall not exceed the stated sanctuary or room capacity. 6 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. 7 This permit shall become void and ineffective ifnot 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. Resolution No. 2007-191 Page 8 8 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 Applicant/operator shall acknowledge their agreement to this provision by executing a copy of 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 assigns. VI. Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VII. EXCECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 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 Planning and Building Department secretary. Failure to return said document to the Planning and Building Department secretary 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. Said document will also be on file in the City Clerk's Office. VJL i/z.-"rjo7 , I Date i'!zr/d7 Date Resolution No. 2007-191 Page 9 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. Failure to satisfy the conditions of this Conditional Use Permit may also result in the imposition of civil or criminal penalties. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 and the Conditional Use Permit shall be deemed to be automatically revoked and of no further force and effect. Approved as to form by ~..xc~~~\k Ann Moore ' City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of July 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone O~(7 11 Cheryl Cox, Ma r -5 A TTEST: ..c- ~J!v--I~~ Susan Bigelow, MMC, City Cl 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. 2007-191 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. -:::: ~a.......... ~~ Susan Bigelow, MMC, City Cl Resolution No. 2007-191 Page 10 t 1 CHULA VISTA PLANNING AND BUILDING DEPARTMENT I LOCATOR ~c:';;.k St. ~ose of Lima Catholic C) Parish :&\~~ 293 H st. EXHIBIT A SCALE: F1I..ENUMBER: NORTH No Scale. PCZ-07-02IPC- -- j