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HomeMy WebLinkAboutPlanning Comm Reports/1993/01/25 (2) M E M 0 RAN DUM TO: Chula vista Planning Commission FROM: Martin Miller, Associate Planner~ January 25, 1993 ~l DATE: 5UBJ: PCC-93-1S - Educational Facility at 740 Bay Boulevard: Revised Resolutions Attached please find slightly revised resolutions for the above project which includes wording for Addendum No. 1 of the joint Negative Declaration for 15-93-17 and 15-93-19. RESOLUTION NO. PCC-93-18 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT TO ALLOW A CONTINUING EDUCATION/UNIVERSITY FACILITY AT 740 BAY BOULEVARD IN THE CVP ZONING DISTRICT WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula vista Planning Department on November 20, 1992 by Foster Properties, a General Partnership (" Appl icant") in connection with a proposed lease to National University; and, WHEREAS, said application requests approval of a conditional use permit (PCC-93-l8) to allow a continuing education/university facility for 250 students in an existing structure in the CVP (Commercial Visitor) zoning district ("Project") at 740 Bay Boulevard, suite 200 ("Project site") (Attachment "A" in the Staff Report); and, WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit application 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 1,000 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 Wednesday, January 27, 1993 at 7:30 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Environmental Review Coordinator concluded that there would be no significant environmental effects and recommends that the joint Negative Declaration and Addendum No.1 issued on IS- 93-17 and IS-93-19 (Attachment "B" in the Staff Report) be adopted. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby finds that the project will have no significant environmental impacts and adopts the j oint Negative Declaration and Addendum No.1 issued on IS-93-17 and 15-93-19. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION HEREBY recommends that the city Council approve the attached Draft City Council Resolution which adopts the joint Negative Declaration and Addendum No. 1 issued on IS-93-17 and IS-93-19, and grant the conditional use permit to Applicant in connection with National University, based on the Findings and subject to the Conditions contained therein. That a copy of this resolution be transmitted to the applicant and the city Council. Resolution No. PCC-93-18 Januarv 27, 1993 PASSED AND APPROVED BY THE CALIFORNIA, this day 27th day vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Nancy Ripley, Secretary :\NATUNI\9318PC.RES Page 2 PLANNING COMMISSION OF CHULA VISTA, of January, 1993 by the following Susan Fuller, Chair RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING A CONDITIONAL USE PERMIT TO ALLOW A CONTINUING EDUCATION/UNIVERSITY IN THE CVP ZONING DISTRICT AT 740 BAY BOULEVARD WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula vista Planning Department on November 20, 1992 by Foster Properties, a General Partnership ("Applicant") in connection with a proposed lease to National University; and, WHEREAS, said application requests approval of a conditional use permit (PCC-93-IS) to allow a continuing education/university facility for 250 students in an existing structure in the CVP (Commercial visitor) zoning district ("Project") at 740 Bay Boulevard, suite 200 ("Project Site") (Attachment "A"); and, WHEREAS, the city Clerk set the time and place for a hearing on said conditional use permit application 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 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely Tuesday, February 9, 1993 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the Planning commission found that the project would have no significant environmental impacts and adopted the joint Negative Declaration and Addendum No.1 issued on IS-93-17 and IS- 93-19, and recommended that the city Council grant the conditional use permit, PCC-93-1S, subject to the conditions contained herein below. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds, determines, and resolves as follows: 1. That the project will have no significant environmental impacts and adopt the Negative Declaration and Addendum No.1 issued on 18-93-17 and 18-93-19. The City Council hereby finds that the project will have no significant environmental impacts in that mitigation measures are not required as part of the joint Negative Declaration and addendum for IS-93-17 and IS-93-19, and hereby adopts the findings of the Negative Declaration issued on IS-93-17 and IS-93-19. 2. That the proposed use at the location is necessary or desirable to provide a service or facility which will :\NATUNl\9318CC.RES Resolution No. Page 2 contribute to the general well being of the neighborhood or the community. The proposed use at the subject location is desirable in that it will provide a service which will contribute to the betterment of the community in that continuing education encourages and makes possible opportunities for a better educated populace, therefore expanding the opportunities for higher paying jobs. It is anticipated that a continuing education facility will stimulate the economic base in the South Bay area by allowing for educational opportunities not now existing in this area. 3. 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 approval of PCC-93-IS will not, under the circumstances, be detrimental to the health, safety or welfare of persons residing or working in the vicinity in that the proposed use is conditioned to ensure the safety of persons who will study at National University; nor will the use be injurious to property or improvements in that National University will be located in an existing structure and will have its most intense use during times when other area users are closed. 4. That the proposed use will comply with the regulations and conditions specified in the Code for such use. The proposed use will comply with the conditions specified in the Code in that the proposed use will be located in an existing building fronting on a Class II Collector street and will not require additional right- of-way or design review of the structure. 5. That the granting of this conditional use permit will not adversely affect the General Plan or the Local Coastal Program of the City or the adopted plan of any government agency. The approval of PCC-93-IS will not adversely affect the General Plan, the Bayfront Redevelopment Plan, or the Local Coastal Program of the City of Chula vista in that universities are unclassified uses which are allowed in any zoning district upon approval of a conditional use permit. The required amendment to the LCP, if approved, will make the proposed use a conditionally permitted use under the LCP (which currently does not allow such a use, :\NATUNI\9318CC.RES Resolution No. Page 3 even with a conditional use permit, in the "Industrial: General" land use designation area) . BE IT FURTHER RESOLVED THAT THE CITY COUNCIL grants the conditional use permit, subject to the following conditions: 1. Obtain Coastal Commission approval of the Local Coastal Program (LCP) Amendment No. 11. 2. Improve the Project site with the Project. 3. Prior to allowing occupancy by National University: A. Execute and record an agreement and/or covenant-of- easement with the City pursuant to Chula vista Municipal Code section 19.62.040 which reserves a total of 180 parking spaces, consisting of 93 on- site and 87 off-site, for exclusive use of National Universi ty, and which 1 imi ts National University and/or tenants of 740 and 780 Bay Boulevard to nonconflicting hours of operation, by at least a one-half hour separation, with respect to the availability of all of the parking at 740 Bay Boulevard and 87 parking spaces at 780 Bay Boulevard, subject to review and approval of the Director of Planning and the City Attorney. B. Install a pedestrian access way with supplemental security lighting in the wall separating 740 and 780 Bay Boulevard in order to provide access for those students who park at 780 Bay Boulevard, the location and design of which shall be subject to review and approval by the Director of Planning. C. Provide a minimum of 13 bike parking spaces (1 space for every 20 students), the location of which shall be approved by the Director of Planning. D. Comply with and implement all requirements of the Chula vista Municipal Code, as appropriate. 4. Ensure that the security gate located at the northeast driveway entrance to 780 Bay Boulevard is left open during school hours. Signs directing students to this parking area shall be posted in several places throughout the parking area at 740 Bay Boulevard directing them to this additional parking. A plan for the design and location of the signs shall be submitted for review and approval by the Director of Planning. :\NATUNI\9318CC.RES Resolution No. Page 4 students shall be required to park either on-site or use the parking lot at 780 Bay Boulevard. If it is determined that students are using street parking or other parking not hereby authorized, this conditional use permit may be reviewed for additional conditions or revocation. The Planning Director may require one or more third party parking studies to be made in order to evaluate the parking situation. These studies shall be made at the sole direction and discretion of the city and at the applicant's expense. 5. 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 can not, in the normal operation of the use permitted, be expected to economically recover. 6, This conditional use permit shall be in full force and effect during the term of the lease between Applicant and National University for the use specified herein, and any extensions thereof. 7. This conditional use permit shall become void and ineffective if not utilized within one year form the effective date thereof, in accordance with section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. BE IT FURTHER transmitted to the County Recorder. RESOLVED that a copy of this Resolution be Applicant and recorded in the Office of the Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney :\NATUNI\9318CC.RES