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HomeMy WebLinkAboutReso 2007-301 RESOLUTION NO. 2007-301 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT, (PCC-07-024), TO HIGH TECH HIGH LEARNING, LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE PARKWAY A. RECITALS 1. Project Site WHEREAS, the parcels which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located at the southeast comer of Discovery Falls Drive Extension and Hunte Parkway, APN 643-070-10-00 (Project Site); and 2. Project Applicant WHEREAS, on October 17,2006, a duly verified application for a Zone Change and Conditional Use Permit (PCC-07-024) was filed with the City of Chula Vista Planning Department by High Tech High Learning (Applicant or HTH Learning); and 3. Project Description; Environmental Determination WHEREAS, said Applicant requests permission to construct a Public Charter High School, Elementary/Middle School, and Environmental Learning Center (Project) on a I O-acre property located on said Project Site; and WHEREAS, said Applicant requests a rezone of the property from Planned Community (PC) to Public Quasi Public (PQ), which would provide for a Conditional Use Permit approval to authorize construction of a Public Charter High School, Elementary/Middle School, and Environmental Learning Center on a 10-acre property located on said Project Site; and WHEREAS, Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-07 -0 I 4) in accordance with the California Environmental Quality Act. Based upon the results of the 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 (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP); and Resolution No. 2007-301 Page 2 4. Planning Commission Record of Application WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project 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 ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 18, 2007, and recommended that the City Council approve the Project in accordance with Planning Commission Resolution No. PCC-07-024; and WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP), along with the applications for a Zone Change (PCZ-07- 03), and a Conditional Use Permit (PCC-07-024); and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 6-0-0-1 that the City of Chula Vista City Council to adopt Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP), and approve the Zone Change (PCZ-07-03) and the Conditional Use Permit (PCC-07-024); and WHEREAS, the applicant has requested that the Planning Commission motion and vote to approve the Project, along with any relevant comment be forward to the City Council for their consideration at a public hearing to be held immediately following the Planning Commission action; and 5. City Council Record of Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project 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 ten (10) days prior to the hearing; and WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on December 18, 2007, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, the City Council of the City of Chula Vista reviewed and considered the Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP), Zone Change (PCZ-07-03), and Conditional Use Permit (PCC-07-024); and ~" Resolution No. 2007-301 Page 3 WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted 5-0 to adopt Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP), and approve the Zone Change (PCZ-07-03) and the Conditional Use Permit (PCC-07-024) based on the findings and in accordance with the conditions listed below. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and order as follows: B. PLANNING COMMISSION RECORD The proceedings of the Planning Commission at their public hearing on December 18, 2007, including their vote upon Planning Commission Resolution No. PCC-07-024 recommending approval, along with any relevant comments, have been provided to the City Council and are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. C. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required pursuant to the Chula Vista Municipal Code (CVMC 19.14.080) for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding 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 proposed Public Charter High School and Elementary/Middle School facility is a desirable land use that provides an educational facility that will contribute to the future University Park land use as well as the general well being of the surrounding Otay Ranch community and the South Bay region. The HTH Learning project will be the first project to be developed in the City's University Park and Research Center (UPRC). This project will help establish the UPRC with an academic facility that is promoting future environmental studies that may lead to prototype sustainable development occurring in Chula Vista. HTH Learning is a high profile charter organization with an established reputation for engaging regional and national commercial sector and non-profit partners. The presence of HTH Learning in south county and specifically in the UPRC may increase the visibility of the City in the region in its efforts to seek out education partners at all levels of academia, furthering the goals and objectives the City Council has established for the development of the UPRC. The UPRC will eventually offer unique education and research opportunities for collaboration with the HTH Learning High School, Elementary/Middle School Resolution No. 2007-301 Page 4 and Environmental Learning Center. It is anticipated that HTH Learning will also provide and promote interactivity between the future University and the proposed High School Environmental Research Center and Elementary/Middle School campus. The primary goals of the High Tech High Environmental program is to provide students with relevant academic and workplace skills, preparing graduates for rewarding lives in an increasingly technological and global society. In addition, to increase the number of low income and minority students who succeed in high school and postsecondary education and who become productive members and leaders in the high-technology industries. 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 proposed Public Charter High School and ElementarylMiddle School facility will not 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 use is subject to conditions that will provide the necessary controls and maintenance of the facilities so that activities on the site shall not become 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. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed Public Charter High School and Elementary/Middle School facility will be developed and maintained in compliance with the Otay Ranch General Development Plan (GDP) and the Zoning Code as well as the conditions specified in this Conditional Use Permit. The conditions of approval require compliance with all applicable codes and regulations on an on-going basis for use of the facilities on the proposed project site. In addition, this project site may be included within the Sectional Planning Area (SPA) Plan to be developed for the surrounding University Planning Area 10, and as such will be required to be maintained in compliance with the regulations and conditions specified in that future document. 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. The granting of this permit will not require amendments to the Chula Vista General Plan, or the Otay Ranch General Development Plan, and as such does not affect the future long-range planning of the University Park Planning Area 10 as the future land use surrounding the project site. This project site may be included within the Sectional Planning Area (SPA) Plan to be developed for the surrounding University Planning Area 10, and as such will be required to be maintained in compliance with the regulations and conditions specified in that future document, such that it will not adversely affect said University SPA Plan. Resolution No. 2007-301 Page 5- D. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-07-024 subject to the following conditions whereby the Applicant shall: I. The subject property (Project) shall be developed and maintained in conformance with the approved application, plans, and specifications. Any proposed changes to the approved plans or specifications will require review and approval for a substantial conformance and/or changes/modification to this Conditional Use Permit. 2. The Applicant shall comply with the following project description and hours of operation: The primary hours of operation for the two proposed schools will be from 8:30 a.m. to 4:00 p.m. Monday through Friday. Limited ancillary activities offered before and after school hours and weekends and holidays are anticipated as well. The start and end times for the High School and ElementarylMiddle School shall be staggered to minimize traffic congestion during peak drop-off and pick -up times. 3. The Applicant shall comply with the table provided in the Mitigated Negative Declaration showing the phasing plan for the High School and Elementary/Middle School and comply with the maximum student capacities for 550 High School students and 700 ElementarylMiddle School students. 4. The Applicant shall provide planting and irrigation plans. All planting, excluding the hydro-seed mix turf groundcover, shall be on permanent irrigation systems. Provide planting and irrigation plans in conformance with the conditions of approval for review and-approval by the Landscape Planner prior to issuance of building permit. In addition, a water management plan shall be required in conjunction with the planting and irrigation plans for each phase for review and approval by the Landscape Planner prior to issuance of building permit. 5. The Applicant shall comply with all requirements of the Building Division, including the following: Submit architectural plans that are stamped and signed by a licensed architect. Plans shall include a site plan and building elevations that are consistent with this approval. Structural plans and calculations must be stamped and signed by a California Registered Civil/Structural Engineer. Project shall comply with 2007 CBC, CMC, CPC, and 2004 CEC. Seismic Zone 4, Wind Speed 70 MPH Exposure C. Soils Report Required. Project plans shall comply with 2001 Handicapped Accessibility Requirements, 2005 Energy requirements. 6. The Applicant shall provide a graffiti resistant treatment for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. 7. The Applicant shall submit a Lighting Plan for the facilities, which demonstrates that the proposed lighting will be shielded to remove any glare from adjacent properties. The lighting shall be maintained in conformance with Section 17.28.020 of the Municipal Code. Resolution No. 2007-301 Page 6 8. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and the Environmental Review Coordinator, all mitigation measures identified in the Final Mitigated Negative Declaration (IS-07-014) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building and Environmental Review Coordinator. 9. The Applicant shall implement, to the satisfaction of the City Engineer and Director of Planning and Building, staggered school start and dismissal times to further alleviate traffic conditions during the peak drop off/pick-up period. 10. The Applicant shall provide a commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers to meet the minimum 50 percent recycling requirement. Commercial properties must have trash enclosures, bins, or carts that meet design specifications. The locations and orientation of storage bins and dumpsters must be pre-approved by the City's Recycling Coordinator and the City franchise trash hauling company. Provide sufficient space for designated recyclables. A shared paper/cardboard bin, along with food and beverage container cart with other storage may be permitted by the City's Recycling Coordinator and the City franchise trash hauling company. II. The Applicant shall submit building plans designating a fire lane around the perimeter of the entire complex to the satisfaction of the Fire Marshal. Where alternative paving is proposed to be used as on a portion of the fire lane, the surface and sub-surface treatment must be approved by the Fire Department. 12. The Applicant shall ensure that automatic gates at the front ofthe school along Hunte Parkway are equipped with both an Opticom Detection System and a Knox Key Switch override. In the event that a regular power source is lost, an alternative power source to operate the automatic gate shall be provided. 13. The Applicant shall provide a turn around to the satisfaction of the Fire Marshal. Prior to Phase Two the turnaround will be provided to the east side of the school. The turning radius shall be shown on building plans, which shall be reviewed and require approval by the Fire Marshal. 14. The Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department. Specific recommendations shall be provided for access control, surveillance detection, and police response. In addition, training of management and employees in security procedures and crime prevention shall coincide with the commencement of operations. 15. The following fees will be required based on the final building plans submitted: (a) Sewer Connection and Capacity Fees based on all new construction or additional plumbing fixtures; (b) Traffic Signal Fees, based on the difference between the existing and proposed use; and, (c) Development Impact Fees (OIF), including the Salt Creek Sewer OIF, The Public Facilities OIF (POIF), and the Transportation OIF (TDIF). Resolution No. 2007-301 Page 7 16. The Applicant shall ensure that the development of this project complies with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities to the satisfaction of the City Engineer. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall provide for the operation and maintenance of post- construction pollution measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures, which shall be subject to review and approval by the City Engineer. A complete and accurate Notice-of-intent (N0l) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOl has been received for this Project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOl from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. Project shall comply with the permit and SWRCB. 17. Pursuant to NPDES Municipal Permit, Order No. 2001-01, the proposed Project is considered a Priority Development Project and therefore subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. The Applicant is required to complete the applicable forms (see City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. 18. A Water Quality Technical Report is required to identifY potential pollutants generated at the site during the post-development phase of the project and to identifY/propose appropriate structural and non-structural Best Management Practices ("BMPs") to minimize discharge of such pollutants to the maximum extent practicable. 19. The San Diego Regional Water Quality Control Board adopted a new National Pollutant Discharge Elimination System (NPDES) Municipal Permit for the San Diego Region in December 2006. Under the new permit, the Applicant may be subjected to additional requirements that the Applicant will be required to meet, depending on the time development takes place and the time at which the Applicant applies for building permits. 20. The internal circulation plan for the school shall be reviewed and approved by the City Engineer. 21. The site plan for the school shall not prevent the future placement of a pedestrian bridge over Hunte Parkway. Applicant shall provide pedestrian access to the future pedestrian bridge from the south to the satisfaction of the City Engineer. Resolution No. 2007-301 Page 8 22. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, and Title 19. 23. 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. 24. This Conditional Use Permit approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 25. All buildings, parking and landscaping shall be maintained according to the approved plans, unless modifications are approved by the City of Chula Vista. 26. The Hours of Operation shall be maintained according to the approved hours of operation tables, unless modifications are approved by the City of Chula Vista. 27. Fire lanes are to be maintained and have an unobstructed width of not less than 20-ft. width and 13-1/2-ft. vertical clearance. 28. Applicant shall maintain catch basin filters on site, which shall be periodically inspected as scheduled by the City ofChula Vista Engineering Department. 29. The Applicant shall comply with all applicable federal, state, and local requirements. Any violation of applicable City ordinances, codes, standards, and policies, or of any condition of approval shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. Violation of any terms or conditions set forth herein shall be grounds for revoking or denial of building permits. 30. This Conditional Use Permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source from which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 31. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, injury, including personal injury, dismemberment or death, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, liabilities) incurred by the City arising Resolution No. 2007-301 Page 9 out of or related to, 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. 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. E. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to California Government Code section 66020(1), 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 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. F. EXECUTION 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 will be filed within ten days of recordation with the City Clerk. The filing 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. N/t1r Signature of Property Owner IJ fA Date c~---. Signature of Applicant Representative C:?/. C! '5- . Db Date Resolution No. 2007-301 Page 10 G. !NV ALIDITY; 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 and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ~XCr<\i\~x~~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 18th day of December 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Chory~C~ ATTEST: iL ~~ j'" Susan Bigelow, ~MC, City Clerk 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. 2007-301 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of December 2007. Executed this 18th day of December 2007. j L ~M..t ~ fsusan Bigelow;MMC, City Clerk - - Birch Rd LC!) NORTH High Tech High 15-07-014 Vicinity Map Figure 1