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HomeMy WebLinkAboutReso 2008-048 (' fZ (bf ~lY r -- . DOC # 2008-0135978 11111111111111111111111111111111111111111I111111111111111111I111111111 Recording requested by: City of Chula Vista MAR 14, 2008 8:48 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES 0.00 After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: E. Briggs PAGES: 16 11II1111111 Hili 11111 11111 11111 01111111111111111111111111111111 01111111101 This space for Recorder's use only Resolution No. 2008-048 Document Title ...~ RESOLUTION NO. 2008-048 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL OF CONDITIONAL USE PERMIT (PCC 07-064), REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY THE CONDITIONAL USE PERMIT (PCC-07-064), AND APPROVING CONDITIONAL USE PERMIT (PCC-07-064) FOR THE DEVELOPMENT OF THE CONCORDIA LUTHERAN CHURCH, PRE-SCHOOL, AND PRIVATE ELEMENTARY/MIDDLE SCHOOL, LOCATED IN OTAY RANCH WINDINGWALK VILLAGE ELEVEN, AT THE TERMINUS OF BIRCH ROAD AT DISCOVERY FALLS DRIVE A. RECITALS I. 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 terminus of Birch Road at Discovery Falls Drive (Project Site); and 2. Project Applicant WHEREAS, a duly verified appeal application for the Conditional Use Permit denied by the Planning Commission on November 14, 2007, was filed with the City of Chula Vista Planning Department on November 20, 2007 by the Reverend Pastor Richard Schmidt for Concordia Lutheran Church (Applicant); and WHEREAS, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Planning Department on April 10, 2007, by the Reverend Pastor Richard Schmidt for Concordia Lutheran Church (Applicant); and 3. Project Description; Environmental Determination WHEREAS, said Applicant requests permission to construct a Church Sanctuary, Private Pre-School and ElementarylMiddle School facility at property located at the terminus of Birch Road at Discovery Falls Drive (APN 643-610-22-00 or any successor) by way of a Conditional Use Permit; and Resolution No. 2008-048 Page 2 WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Final Second Tier EIR (EIR-Ol-02) for the Gtay Ranch General Plan AmendmentsNillage Eleven Sectional Planning Area Plan and Tentative Map, and the Addendum to EIR-Ol- 02 approved September 19, 2007. Thus, no further environmental review or documentation is necessary; and 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 November 14, 2007, in accordance with Planning Commission Resolution No. PCC-07-064; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 5-2-0-0 to deny the Conditional Use Permit (PCC-07-024); and WHEREAS, the Planning Commission after considering all evidence and testimony presented also recommended by a vote of 6-1-0-0 that the City of Chula Vista City Council deny the associated Village Eleven SPA Amendment (PCM-07-05) and Revised Tentative Map (PCS-0702); and WHEREAS, the Applicant, on November 20, 2007, filed an appeal of the Planning Commission's denial of the Conditional Use Permit with the Planning Department, requesting that the appeal be forwarded to the City Council for their consideration at a public hearing; 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 appeal of the denial of the Conditional Use Permit was held before the City Council of the City of Chula Vista on February 5, 2008, to hear public testimony with regard to the same; and Resolution No. 2008-048 Page 3 WHEREAS, the approval of this Conditional Use Permit is dependent and conditioned upon the prior approval of the Amendment to the SPA Plan, Amendment of the Master Precise Plan, and Revised Tentative Map and associated Parcel Map (Amendments), since the CUP would not be permissible at the desired location absent such Amendments; and WHEREAS, the City Council has considered the Addendum and FEIR 01-02 before making a decision on this project, and, WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted 5-0 to reverse the Planning Commission's denial of the Conditional Use Permit and approved the Conditional Use Permit (PCC-07-064) 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 Record of the proceedings of the Planning Commission at their public hearing on November 14, 2007, including their vote upon Planning Commission Resolution No. PCC-07-064 recommending denial, 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. COMPLIANCE WITH CEQA Based on the evidence and in light of the record presented, including the Addendum and FEIR, the City Council concurs with the opinion of the Environmental Review Coordinator, and finds that there is substantial evidence justifying the decision not to prepare a subsequent Negative Declaration or EIR D. 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 and sets forth hereunder, the required findings and 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. Resolution No. 2008-048 Page 4 The proposed Church, Pre-School and Elementary/Middle School facility is a desirable land use that provides an eleemosynary religious and educational facility that will contribute to the general well being of the Windingwalk Village Eleven neighborhood, the Otay Ranch community, and the South Bay region. 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 Church, Pre-School and Elementary/Middle 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 such that there will be remedies should the activities on the site 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 Church, Pre-School and Elementary/Middle School facility will be developed and maintained in compliance with the Otay Ranch General Development Plan (GDP), the Windingwalk Village Eleven Sectional Planning Area (SPA) Plan Planned Community (PC) District Regulations, and the Zoning Code for requirements not included in the SPA Plan as provided for all Planned Community (PC) zoned properties in accordance with the Municipal Code. 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. 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 Windingwalk Village Eleven Sectional Planning Area (SPA) Plan specifically required the Conditional Use Permit process to be utilized in order to provide the necessary controls over the Church, Pre-School and Elementary/Middle School facility, and to ensure compliance with the Otay Ranch General Development Plan (GDP) and the City of Chula Vista General Plan. E. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-07-064 subject to the following conditions whereby the Applicant shall: Resolution No. 2008-048 Page 5 1. Prior to the issuance of any permits required by the City of Chula Vista for the use ofthe subject property in reliance on this approval, the applicant shall fulfill to the satisfaction of the City, the following requirements: a. Approval of this Conditional Use Permit is contingent upon the City Council approval of the Village II Sectional Planning Area (SPA) Plan Amendment and Revised Tentative Map allowing for the relocation and reconfiguration of the P-4 Park (Town Square) and the relocation of the Pedestrian Easement. Absent such approval, this CUP shall be deemed to be automatically revoked and to be of no force and effect ab initio. b. A Design Review permit application shall be submitted for review and approval by the Design Review Committee prior to the acceptance of any building permit construction documents. No building permits can be issued prior to approval of the Design Review application by the Design Review Committee. c. All plans and elevations submitted for building permits shall be in conformance with the final set of entitlement design plans and elevations provided for review and approval by the Design Review Committee. The plans and elevations submitted for review by the Design Review Committee shall be in substantial conformity to the conceptual plans and elevations approved by the City Council. Any changes to the final set of approved entitlement design plans and elevations will require review and approval by the Director of Planning and Building for substantial conformance to the Design Review Committee approval and/or modification to this Conditional Use Permit. d. In order to prevent any overlap between the maximum capacity uses for the church, pre-school and elementary school facility, as discussed in the staff report, traffic study report, and as outlined in the project table below, the following are the primary hours of operation that shall apply to the project: Saturda Sanctuary: 4pm- 12 m Pre-School: Closed 6am -7pm Fellowship 9am- 8am- 8am- Hall: 9pm 8pm lOpm K-8 School: Closed Closed Gymnasium: Resolution No. 2008-048 Page 6 This project table is adopted along with the record set of plans with the conditional use permit file. Any changes to the approved hours of operation will require review and approval by the Director of Planning and Building for substantial conformance to this conditional use permit, or modification to this conditional use permit. As identified in the traffic study report, special events such as holiday services, and rehearsals for special events such as weddings, funerals, etc. are ancillary or occasional in nature and therefore do not need to be evaluated for weekly scheduling. The applicant shall be responsible for providing adequate on-site parking for all special events on the subject property for all uses and hours of operation that are above and beyond those specified in the Primary Hours of Operation. If, at any time during the term of the Conditional Use Permit, it is determined by the Director of Planning and Building that existing parking is insufficient to meet parking needs during such special events and the shortfall causes off-site parking impacts, the applicant shall prepare and submit a parking analysis for all future special events and shall take any action necessary to ensure adequate parking is provided to the satisfaction of the Director of Planning and Building. e. The Applicant shall ensure that the central plaza, a village core focal point, shall be maintained as an open space accessible to the public. The applicant shall work with surrounding homeowners and the Windingwalk Homeowner Association on an agreed upon method for posting notice 24 hours in advance of any church programs or sponsored functions that would inhibit use of the central plaza as an open space accessible to the public. f. The Applicant shall provide to the satisfaction of the City Engineer, a pedestrian connection to the Village Paseo, which shall be open and accessible to the public at all times, with certain limited exceptions. This pedestrian path shall provide a direct connection from the Village Pathway on Discovery Falls Drive to the west to the Village Eleven Pedestrian Paseo to the east through the approximate center of the central plaza to the satisfaction of the Planning and Building Director. The Applicant shall make all good faith efforts to establish a consensus among surrounding homeowners and the Windingwalk Homeowner Association for a method of posting notice 24 hours in advance of any church programs or sponsored functions that would inhibit use of the pedestrian connection through the approximate center of the CPF-I site to the Village Paseo. . Resolution No. 2008-048 Page 7 g. The Applicant, as part of the required design review permit, shall provide additional visual and aesthetic treatment to the pedestrian connection from the Village Pathway on Discovery Falls Drive to the west to the Village Eleven Pedestrian Paseo to the east through the provision of landscape and/or paving features to the satisfaction of the Design Review Committee. h. The Applicant shall be required to maintain a high level of supervision over the church, pre-school and elementary/middle school when patrons or students are outside building facilities. Supervision shall be conducted by at least two school staff when students are in the outdoor areas of the site. In addition, the Pastor shall designate a staff person to meet periodically with Windingwalk Homeowners Association and with neighborhood residents surrounding the church and school property, to discuss and remedy any issues that may arise. 1. 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 Director of General Services, Engineering, Planning and Building 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 Director of General Services, Engineering, Planning and Building prior to issuance of building permit. J. The Applicant shall provide comply with all requirements of the Building Division prior to the issuance of building permits to the satisfaction of the Director of Planning and Building. k. The Applicant shall provide a graffiti resistant treatment that shall be specified 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. I. The Applicant shall submit a Lighting Plan for the facility showing that the proposed lighting to be shielded to remove any glare from adjacent properties shall be maintained in conformance with Section 17.28.020 of the Municipal Code. Resolution No. 2008-048 Page 8 Environmental Section Conditions: m. The Applicant shall implement to the satisfaction of the City Environmental Review Coordinator all pertinent mitigation measures identified in the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan Final Second Tier Environmental Impact Report EIR 01-02, and for the Otay Ranch General Plan AmendmentsNilIage II Sectional Planning Area Plan and Tentative Map, and the Addendum to EIR-OI-02 approved September 19, 2007. Resource Recycling and Conservation Coordinator Condition: n. The Applicant shall provide trash enclosures, bins, or carts that meet design specifications prior to the issuance of building permits and to the satisfaction of the City Conservation Coordinator. The locations and orientation of storage bins and dumpsters must be pre-approved by 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. A commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers must be provided to meet the minimum 50 percent recycling requirement. Contact the City Conservation Coordinator at 691-5122. Fire Department Conditions: o. The Applicant shall provide comply with all requirements of the Fire Department that shall be noted in conditions incorporated into the Notice of Decision approval of the Design Review permit. All conditions shall be satisfied prior to the issuance of building permits and to the satisfaction of the Fire Marshal. Police Department Conditions: p. The Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department prior to the issuance of building permits and to the satisfaction of the Crime Prevention Unit. 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. The Crime Prevention Unit should be contacted at 691-5127 for more information. Resolution No. 2008-048 Page 9 Engineering Division Conditions: q. The Applicant shall prior to issuance of building permits pay all required fees for sewer capacity and connections, development impact for public facilities, and traffic signal fees as defined in the development checklist to the satisfaction ofthe City Engineer. r. The Applicant shall develop the project in compliance with all requirements of the State Water Resources Control Board NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall specify and address both construction and post-construction, structural and non-structural pollution prevention and control measures for the operation and maintenance of such measures. The S WPPP will include short and long term funding sources and parties responsible for implementation to the satisfaction of the City Engineer. s. The Applicant shall provide a complete and accurate Notice of Intent (NO I) must be filed with the State Water Resources Control Board. A copy will be provided and filed with the City when received. Further, a copy of the NO! from SWRCB showing the permit number for this project shall also be filed to the satisfaction of the City Engineer. 1. The Applicant project is considered a priority development project subject to NPDES Municipal Permit Order No. 2001-01 and R-9-2007-0001, and the proposed project is subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. The applicant shall complete the applicable forms and comply with the Storm Water Management Manual's requirements to the satisfaction ofthe City Engineer. u. The Applicant shall provide a water quality study is required to identifY potential storm water pollutants generated at the project 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 to the satisfaction of the City Engineer. v. The Applicant shall comply with the January 24, 2007, the San Diego Regional Water Quality Control Board adopted the new NPDES Municipal Permit, Order No. R-9-2007-0001, for the San Diego Region. As a result, there may be additional requirements, depending on when the development takes place and the building permits are applied for to the satisfaction of the City Engineer. Resolution No. 2008-048 Page 10 2. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met to the satisfaction of the City: a. 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, Title 19, and the Village Eleven Sectional Planning Area (SPA) Plan. b. 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. c. All landscape and hardscape improvements shall be installed in accordance with the approved landscape plan to the satisfaction of the Director of General Services, Engineering, Planning and Building. d. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. e. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. f. Provide a fIre extinguisher per 3,000-sq. ft. or every 75-ft. of travel distance, with a minimum rating of 2A-IOBC, or the convenience store must include a fIre sprinkler system. A fIre flow of 3,000 gallons per minute for duration of three (3) hours must be provided. g. The back flow preventor shall be screened from view, and the Fire Department connection shall not be located with the back flow preventor. h. This Conditional Use Permit approval shall expire if a building permit is 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. 3. The following on-going condition shall apply to the subject property as long as it relies upon this approval. Resolution No. 2008-048 Page II a. All buildings, parking and landscaping shaH be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. b. Primary hours of operation shall be maintained according to the approved hours of operation tables unless modifications are approved by the City of Chula Vista. c. 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. d. Applicant shall maintain catch basin filters on site, which shall be periodically inspected as scheduled by the City of Chula Vista Engineering Department. e. Approval of this request shall not waive compliance with the Village Eleven Sectional Planning Area (SPA) Plan, Title 19 of the Municipal Code, and all other applicable Federal, State and City Ordinances in effect at the time of building permit issuance. f. This Conditional Use Permit 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 Permit tee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. g. 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 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. Resolution No. 2008-048 Page 12 F. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to 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. G. 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. Said document will also be on file in the City Clerk's Office. ~~ Signature of Property Owner ~E:-,\ -~ d' ~-~z -o?:? Date 3 -j8"0! Date Resolution No. 2008-048 Page 13 H. 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 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 ~{~~~~~ Ann Moore City Attorney Resolution No. 2008-048 Page 14 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 5th day of February 2008 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None c!kt!t- ATTEST: .1.L k ::Jft,u~ DOnrla R. Norris, CMC, Intehm ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-048 was duly passed, approved, and adopted by the City Council at a regular meeting ofthe Chula Vista City Council held on the 5th day of February 2008. Executed this 5th day of February 2008. Ai~ <k I J/t0/L~--' Donna R. Norris, ,CMC, Interim City Clerk Resolution Page 15 N 2008-048 o. , , Village Eleven Exhibit: A