HomeMy WebLinkAboutPlanning Comm Rpts./1995/04/12 (4)
PLANNING COMMISSION AGENDA STATEMENT
Item
Meeting Date 4/12/95
ITEM TITLE:
PUBLIC HEARING: Conditional Use Permit PCC-94-09: Request
to extend approval for a private school for approximately three years
(through September 1999) and to allow the expansion of said school
facilities into the second story of the building located at 2400 Fenton
Street within the EastLake Business Center -Covenant Christian School
The proposal is for an extension (through September 30, 1999) of the term of an existing
Conditional Use Permit PCC-94-09, which approved Covenant Christian School, a private school
for grades K-12, at 2400 Fenton Street within the Eastlake Business Center. The permit was
approved by Council in December 1993 for a 2.5 year period extending through June 1996.
The application also requests permission to expand the existing facility, which currently operates
on the ground floor of a two-story building, to the second floor which was previously occupied
by Bonita Country Day School. The expansion would become effective immediately.
This item was originally scheduled for the Planning Commission meeting of January 11, 1995,
but was continued to a date uncertain at the request of the applicanl in order to further review
the issues raised by staff.
The Environmental Review Coordinator has determined that the proposal is exempt from
environmental review under CEQA as a Class I exemption (the operation of an existing facility).
RECOMMENDATION: That the Planning Commission adopt Resolution PCC-94-48(M)
recommending that the City Council deny the requested extension but approve the requested
expansion for the term of the existing permit in accordance with the attached draft City Council
Resolution and the findings and conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
1. Site Characteristics
The property, zoned P-C (Planned Community), lies at the easterly edge of the existing
EastLake Business Center and is bounded on the north, west, and south by undeveloped
industrial parcels. The property to the east is within EastLake III and is planned as an
extension of the Business Center.
Page 2, Item
Meetiul! Date 4/12/95
The 1.25 acre site is occupied by a 20,000 sq. ft. two-story building, with access
provided via Fenton Street; 63 parking spaces are located along the north, east, and south
portions of the site. The property contains no recreational or playground facilities;
outdoor recreational and physical education activities are conducted in Scobee Park under
an agreement with the EastLake Business Center Owners Association. Scobee Park is
located approximately 1000' west of the school within the EastLake Business Center.
2. Zoning and Land Use
Covenant Christian School operates a private school for grades K-12. School activities
for up to 208 students and 24 staff are approved at Fenton Street through June 30, 1996.
Currently, Covenant Christian's secondary school (grades 7-12), comprised of 70
students and 10 staff members, occupies the first floor of the Fenton property (the
elementary grades of the school are presently held at their original Naples Street
location). The second floor of the Fenton Street property, formerly occupied by Bonita
Country Day School, is now vacant.
Covenant Christian School was approved for 2 1/2 years at this location by the City
Council in December of 1993. Although the applicant had requested approval for a five-
year term, the Council expressed concerns relating to the impact of a school site on the
development potential of the EastLake Business Center in general and particularly as a
"High Tech - Bio Tech" area. In approving the 2 1/2 year term, it was stated that this
permit could be considered by the City Council for renewal and extension beyond the
approval date in consideration of the following specific factors:
(I) whether there exists, or there is expected in the near future to exist, within the
EastLake Business Park a demand for sites by users which, by virtue of
requirements of law involving the siting of hazardous waste generating uses
within a given distance from an operating school, may require such prospective
users to engage in costly and time consuming studies and reports before such use
may be allowed; and
(2) the pOlenlial for conflict with surrounding development and/or any changes in the
plans for the Business Center.
The permit was also conditioned upon the requirement that any request for extension of
the permit be submitted and considered at least one year prior to the June 1996 expiration
dale. This was intended to allow the school ample time to find an alternate location and
to relocale if an extension was not granted.
Classes are held from 8: 15 a.m. - 3:00 p.m. Monday through Thursday, and 8: 15 a.m. -
12:00 noon on Fridays. As menlioned previously, recreational facilities are provided at
Page 3, Item
Meetinl! Date 4/12/95
Scobee Park under an agreement with the EastLake Business Center Owners Association.
Under that agreement, recreational and physical education classes may take place between
the hours of 9:30-11 :30 a.m. and 1 :30-4:00 p.m. Monday through Friday.
3. Proposal
The applicant proposes to extend the approval period of the existing conditional use from
from June 30, 1996 to September 30, 1999. Additionally, the applicant requests
permission to expand current operations to the second floor of the existing building,
increasing the floor area utilized to include the entire building, or a total of
approximately 20,000 sq.ft. and increasing its population to a maximum of 260 students
and 34 staff (see operational profile attached as Exhibit "A"). The requested expansion
would allow the school to relocate its elementary grades from their Naples location to
the Fenton site. The hours of operation would not change.
In support of the request, the applicant cites the following factors (see Exhibit "B"):
. the extension is supported by EastLake
. the school is consistent with the atmosphere of the Business Center
. no biotech company in San Diego has ever been required to do an RMPP
. there is no requirement for a business locating within 1000' of a sensitive
population to develop an RMPP; the school will not affect prospective
users with regard to expensive testing requirements (see staff comments
on page 5)
EastLake Development Company has written a letter endorsing the request (please see
letter from Curt Stephensen of EastLake, attached as Exhibit "C").
4. Analysis
Staff has not received any complaints involving, nor have we been informed of any
problems regarding, the existing school operalions. The conditions of approval have
been met, and the applicant is requesting this extension/expansion well in advance of the
June 30, 1995 deadline (one year prior to the June 1996 expiration date) specified in the
original approval.
Hi!!h Tech / Bio Tech Zone
On Decemher 21, 1994, the Planning Commission voted 4-0 to recommend approval of
amendments to Ihe EastLake Business Center Planned Community Regulations to
establish a planned "High Tech/Bio Tech" zone encompassing Phase I and II of the
Business Center (see attached locator). This zone is being created specifically to attract
and encourage certain qualifying high technology and bio-technology businesses through
Page 4, Item
Meetim! Date 4/12/95
streamlined regulations and approval processes. The amendments were considered and
approved by the City Council on February 14, 1995.
Although the site is presently surrounded by vacant property and is located on the eastern
periphery of Phase I of the Business Center, it will eventually be almost directly in the
middle of the Center with the planned Phase II expansion. Planning and mapping for
EastLake III, which includes the Business Center Phase II expansion, is expected to be
completed by July - September 1996 based upon the Planning Department's current work
program.
Recently recommended ordinance changes are intended and expected to intensify interest
in the High Tech/Bio Tech program and increase demand for properties within the
Business Cenler. Staff is of the opinion that the existence of the school could discourage
some potential users from locating in the Business Center, not only in the short term, but
also for the long term, in the sense that prospective users would have no guarantee that
the school would not be further extended or even perhaps be established as a permanent
use at this location. The Community Development department has also expressed
concerns regarding the potential negative impact the school may have on their ability to
secure tenants for the proposed BioShare contract pilot manufacturing facility (see
attached memo).
Covenant Christian could work with EastLake and the City in finding a permanent
location in EastLake in conjunction with the Planning of EastLake III. If additional time
was needed to complete this, the Commision could choose to recommend allowance for
a nominal extension at the end of the term of the present permit as discussed under
"Alternatives" at the end of this report.
Compatibility
Setting aside the issue of hazardous materials, which is discussed on page six of this
report, a school use is not considered by staff to be appropriate in the middle of a
developing industrial area. There is much merit to the argument that schools and
childcare facilities should be located in close proximity to places of employment.
However, from a planning perspective, uses of this type should ideally be accommodated
at the periphery of commercial and industrial areas so as to minimize conflict between
these very different types of uses. In fact, EastLake is required to provide a total of 10.8
acres for Community Purpose Facilities.
A number of factors create the potential for conflict between childrens' schools and
industrial uses. Heavy truck traffic along Lane Avenue would pose a potential safety
issue with children crossing the street on their way to and from recreation activities at
Scobee Park (albeit accompanied by adults). Additionally, the noise of truck traffic and
Page 5, Item
Meetim! Date 4/12/95
the emissions associated with them are often not conducive to the atmosphere sought for
schools or child-related activities.
Noise is also a potential source of conflict between these two uses. Not only could noise
generated by Business Center uses negatively impact school operations, but perhaps more
importantly in this particular case Ihe noise generated by children playing, and the other
activities associated with a school use, can be distracting and disruptive to research and
development, administrative, or other similar activities associated with Business Center
operations as well.
The plans for the new High TechlBio Tech zone include a streamlined permitting process
that will enable new businesses locating in this area to bypass the traditional Design
Review and Conditional Use Permit processes through a special Council Subcommittee.
The new regulations developed for this zone are specifically aimed at attracting and fast-
tracking new industrial development. Therefore, although the properties on this portion
of the Business Center are currently vacant, it is possible that new businesses could be
established in a relatively short period of time. Certainly decisions regarding future
locations could be made by companies very quickly.
It is also staff's concern that having a school in close proximity to a potenlial site may
have the effect of further inhibiting or discouraging prospective businesses that handle
hazardous materials from considering the location. According to the County of San
Diego, Site Assessment & Mitigation (SAM), previously known as Hazardous Materials
Management Division or HMMD, pending federal regulations may impose additional
restrictions on hazardous materials handlers in the near future. Further, existing
regulations are subject to change. For example, the classification of what materials are
"acutely hazardous" (AHMs), as well as the threshold planning quantities of existing
identified AHMs, is reglllarly revised/ updated.
Potential users must therefore consider not only current regulations affecting their
bllsinesses, but also possible future changes that might relate to the issue of sensitive
populations. The potential for impact on a Business Center user which handles hazardous
materials, resulting in increased costs either Ihrough studies or modifications to
operations or potential liability, could easily lead a prospective business to choose a site
where no such population exists nearby.
Given the potential for conflict between the school and the planned users of the EastLake
Business Park, the proposal to extend the term of the permit does not appear to be
consistent with the second factor to be considered in approving an extension, i.e. the
potential for conflict with surrounding development andlor any changes in the plans for
the Bllsiness Center.
Page 6, Item
Meetinl! Date 4/12/95
Countv Hazardous Materials Manag:ement Division Reauirements
Prior to January, 1992, Section 65850.2 of the California Government Code prohibited
a city or county from permitting a new facility which handled acutely hazardous materials
(AHMs) to be constructed within 1000 feet of a school unless the requirements of a Risk
Management and Prevention Program (RMPP) were first met and approved. On Janllary
1, 1992, this Section was revised, and the reference to 1000 feet was removed. (Absent
specific criteria, however, HMMD continued to use the 1000' rule until new standards
were adopted in August, 1993.
HMMD staff has confirmed that the applicant is correct in contending that no biotech
company in San Diego has ever been required to do an RMPP (apparently they generally
handle acutely hazardous materials below the Threshold Planning Quantity). However,
numerous hightech companies in San Diego have been required to prepare this document.
With the new standards, the County of San Diego Department of Health Services,
Environmental Health, Hazardous Materials Management Division (HMMD), as the
administering agency, is required to make a specific determination as to whether a new
or modified business operation would create an acutely hazardous materials accident risk.
If so, an RMPP is required.
To make this determination, HMMD established an acutely hazardous materials accident
release screening model. Businesses that handle acutely hazardous materials (AHMs) that
fall below the threshold planning quantity (TPQ) are exempt from preparing an RMPP.
Businesses that handle levels of AHMs at or above the TPQ, are screened through a
computer model that uses various faclors to determine whether an accident could result
in an off-site release (gasses being the most likely problem).
One of these screening model factors considers whether the facility in question is located
within a rural or an urban setting; however, proximity to a particular "sensitive"
population is not involved (see letter to applicant from Mike Handman of HMMD,
attached). Such proximity would, however, require additional analysis for the purpose
of addressing the population if an RMPP was required. Since proximity to a school
would not in itself trigger the RMPP, the first factor for consideration of renewal of the
permit would appear to be successfully addressed.
Alternatives
If the Commission is reluctant to maintain the existing firm expiralion date of June 1996
as recommended, the existing conditional use permit could be amended to allow an
administrative extension upon the submittal of documentation by the applicant that plans
for a permanent site are being actively pursued. Such an option should only be
Page 7, Item
Meetim! Date 4/12/95
considered near the expiration date of the existing approved term, perhaps within six
months of June 1996 (by the end of December 1995), and should be for no longer than
a six-month or twelve-month period.
This alternative would also recognize the fact that the planning for EastLake 111 will be
on-going over the next year or so, culminating in approved plans sometime around mid
to late 1996. If the school desires to remain in EastLake it would be the intent of staff
to use this process to work with the school and EastLake development to identify an
appropriate school sile. In that case, a limited extension may be appropriate considering
the timing of the planning efforts.
A second alternative, suggested by the applicant, is the approval of the extension subject
to periodic (e.g. bi-annual, in June and December) review. The applicant suggests that
approval could be conditioned such that, if new businesses locate within the Business
Center and create the potential for "conflict" with the school, the school could be
required to vacate the property within a six month period designed to coincide with the
end of a given school term (e.g. in June or December).
The second alternative is not supported by staff for several reasons. First, it suggests
a framework for defining and determining conflicts which does not yet exist. Second,
it would likely require and suggest to prospective businesses the prospect of extended and
time consuming determinations of conflict. And, finally, it does not address and may
arguably exacerbate the perception of potential conflict by businesses considering a
location in the Business Center.
Additional Information
At the agenda meeting preceeding the originally scheduled hearing on this item, the vice-
chair requested that the Commission be provided the Planning Commission minutes and
the City Council Resolution and Minutes from the original hearings; these are attached.
Also attached are copies of letters in support of the request. The letters are addressed
to the Mayor, but were directed to the attention of the Commission.
5. Conclusion
Based upon the information provided in the preceeding sections, staff's recommendation
is for the denial of the requested extension but approval of the requested expansion for
the term of the existing permit in accordance with the attached draft City COllncil
Resolution and the findings and conditions contained therein.
Page 8, Item
Meetim! Date 4/12/95
Attachments
1. Commission and Council Resolutions
2. Locators and Floor Plans
3. Disclosure Statement
4. Supplemental Information from Applicant
Exhibit" A" - Applicant operational profile
Exhibit "B" - Applicant letter
Exhibit "C" - Letter from Curt Stephenson, EastLake Development
5. Letter trom HMMD
6. Memo from Community Development Department
7. Letters to Mayor in Support of Application
8. P.C and C.C. Minutes and Resolution from Original Hearings on Covenant Christian School
COMMISSION AND COUNCIL
RESOLUTIONS
RESOLUTION NO. PCC-94-09(M)
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL DENY A REQUESTED
TIME EXTENSION BUT APPROVE AN EXPANSION FOR AN EXISTING
CONDITIONAL USE PERMIT (PCC-94-09) TO COVENANT CHRISTIAN
SCHOOL TO OPERATE A PRIVATE SCHOOL AT 2400 FENTON STREET
WITHIN THE EASTLAKE BUSINESS CENTER
WHEREAS, a duly verified application for the modification of an existing conditional
use permit was filed with the City of Chula Vista Planning Deparlment on November 21, 1994
by Covenant Christian School; and,
WHEREAS, said application requests approval of a modification to Conditional Use
Permit PCC-94-09 to extend the approval through September 1999 and expand operations to
include the second floor for the existing private school at 2400 Fenton Street within the EastLake
Business Center; and,
WHEREAS, the Environmental Review Coordinator has determined that this project is
exempt from environmental review under CEQA as a Class 1 exemption, the operation of an
existing facility; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
conditional use permit modification and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city and its mailing to
property owners within an area of 500 feet of the exterior boundaries of the property at least 10
days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely January 11,
1995 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
hereby recommends that the City Council deny the request to extend the term of the permit but
approve the request to expand operations to include the second floor based on the findings and
subject to the conditions contained in the altached draft City Council Resolution.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 12th day of April, 1995 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William C. Tuchscher IT, Chair
Nancy Ripley, Secretary
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DENYING A REQUESTED TIME EXTENSION BUT APPROVING A
REQUESTED EXPANSION OF AN EXISTING CONDITIONAL USE PERMIT
(PCC-94-09) TO COVENANT CHRISTIAN SCHOOL TO OPERATE A
PRIVATE SCHOOL AT 2400 FENTON STREET WITHIN THE EASTLAKE
BUSINESS CENTER
1. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and commonly known as 4500 Fenton Street, and for the
purpose of general description herein consisting of 1.25 acres located on the south
side of Fenton Street, within the EastLake Business Center ("Project Site"); and,
B. Project; Application for Modification to Conditional Use Permit
WHEREAS, a duly verified application for a modification of Conditional Use
Permit PCC-94-09 was filed with the City of Chula Vista Planning Department
on November 21, 1994 by Covenant Christian School; said modification
requesting an extension of the term of the permit from June 1996 through
September 1999, and expansion of the school to include the second floor (the
"Project"), and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on April 12, 1995 and voted _ to recommend that the City Council
deny the extension but approve the expansion for the existing term of the permit
in accordance with Resolution PCC-94-09(M); and,
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on May _, 1995 to receive
the recommendation of the Planning Commission and to hear public testimony
with regard to same.
F. Environmental Exemption
WHEREAS, the Environmental Review Coordinator determined that the proposal
is exempt from environmental review under CEQA as a Class I exemption, the
operation of an existing facility.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on April 12, 1995, and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
III. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by
the City's rules and regulations for the issuance or denial of conditional use permits or
modifications thereto, as hereinbelow set forth, and sets forth, thereunder, the evidentiary
basis that permits the stated finding to be made.
A. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The site does not represent a suitable location for the school to continue operations
beyond the existing approved term due to the potential for conflict with anticipated
development in the area, including the recently approved High Tech/Bio Tech program.
Several sites have and will in the future be reserved for Community Purpose Facilities
in the eastern territories.
The proposed expansion, within the existing approved timeframe, will allow the school
to consolidate their operations and should pose no additional impacts as conditioned for
the present term of the permit.
B. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
Current plans for the area are expected to provide additional incentives for and attract
industrial users. These users are not expected to be compatible with a school use, and
conflicts and/or perceived conflicts between the two different types of land use could be
detrimental to implementation of the plans and the health, safety, or general welfare of
persons working in the vicinity as well as the children attending the school.
The interim expansion of the existing facility under the originally approved permit term
should not prove detrimental to either persons in the vicinity or the clients of the school.
The second floor was previously occupied by another private school.
C. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The expansion, as conditioned, will be required to comply with all applicable regulations,
codes, and requirements.
D. That the granting of this conditional use pennit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
With the approval of the interim expansion and the implementation of all conditions, the
use will be consistent with the General Plan and the EastLake PC District regulations.
IV. CONDITIONS OF GRANT OF EXPANSION OF PERMIT
The City Council hereby grants the requested modification of Conditional Use Permil
PCC-94-09(M) to expand operations at 2400 Fenton Street to include the second floor,
subject to the following terms whereby:
A. Occupancy. The occupancy of the building by Covenant Christian shall not
exceed the staff/student figures provided by the applicant, i.e. 34 staff and 280
total students.
B. Recreational Facilities. The applicant shall provide proof of the continued
availability of Scobee Park for outdoor recreational purposes prior to expanded
occupancy.
C. Original Conditions. This permit shall continue to comply with all other original
conditions of approval for PCC-94-09 not in confl ict with the above, as stated in
Resolution No. 17324.
D. Post-Approval Conditions. This permit shall be subject to any and all new,
modified, or deleted conditions imposed after adoption of this resolution to
advance a legitimate governmental interest related to health, safety or welfare
which City shall impose after advance written notice to the permittee and after the
City has given to the permittee the right to be heard with regard thereto.
However, the City, in exercising this reserved right/condition, may not impose
a substantial expense or deprive Permittee of a substantial revenue source which
the Permittee can not, in the normal operation of the use permitted, be expected
to economically recover.
E. Time to Commence Use. This conditional use permit shall become void and
ineffective if not utilized within one year from the effective date thereof, in
accordance with Section 19.14.260 of the Municipal Code.
F. The applicant understands and acknowledges that the permit shall expire on June
30, 1996, and that the applicant will no longer be allowed to continue in
operation after this expiration date. The applicant understands that the remaining
life of this permit may not provide the applicant with an opportunity to receive
a reasonable return on his/her investment and that the applicant hereby waives
any right to such amounts.
V. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the County Clerk.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that anyone or more terms, provisions or conditions are determined
by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution shall be deemed to be automatically revoked and of no further force and effect
ab initio.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
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CBULA VISTA PLANNING DEPARTMENT
Q) APPLICANT: COVENANT CHRISTIAN PROJECT DESCRIPTION: MODIFICATION TO
SCHOOL CONDITIONAL USE PERMIT TO ALLOW
ADDRESS: 24OOFENTONSTREET EXPANSION AND EXTENSION OF TIME
FOR A PRIVATE SCHOOL
SCALE: FILE NUMBER:
NORTH I" - 400' PCC - 94 - 09
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DISCLOSURE STATEMENT
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1l-IE ( ( F CHULA VISTA DISCLOSURE ~ 1.}NT
You arc rcquircd to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
cunlrihutions, on all matters which will require discrctionary action on the part of the City Council, Planning Commission, and
all other official bodics. The following information must be disclosed:
\. Lisl Ihe namcs of all persons having a financial inlercst in the property which is Ihe suhject of the application or the
contracl, e.g., owner, applicant, contractor, su~nlractor, material supplier.
~nTnnn nl1nf~~ _ M~n~ging r-cnc'l"'al "P~rtner
T Nc"\Tinc::! 'M,.Rri~o _ ~onLu'al 'D':1,T"t":1QI'
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R~nK r.n~rnolM _ r-onc'l"'o~ "PartR9I'
2, If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning
more than 10% of the sharcs in the corporation or owning any partnership intcrcst in the partnership.
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3. If any person" identified pursuant to (I) above L_ non.profit organization or a Irusl, lisl Ihe names of any person
serving as direclor of the non.profit organization or as trustee or bcncnciary or trustor of the trust.
"'0,
. 4.
Have you had more Ihan S250 worlh of busines._ transacted with any member of thc City staff, Boards, Commissions,
Committees, and Council within the pasl twelve months? Ycs_ No_ If yes. please indicate person(s):
,
:
s. Please identify each and every person, including any agents, employees, consultants, or independent conlraCIOIS who .~
you have assigned to rcprcsent you before the City in this matter.
Dan ~lr.nlm - R~~~il PTnpPT~icc::! r.rnup
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6.
Have you and/or your officers or agents, in the aggregate, contributed more than SI,OOO 10 a Councilmembcr In Ihe
current or preceding elcction period? Yes_ No_ If yes, state which Councilmembcr(s):
· · "(Nom Altach additional pap as
) . . .
Date:
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Signature 0 ntraClor/applicanl
~<:tSL WM"jc (2... Ylt-ES.
Print or type name of conlractJr/applicant
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. ~ is tkfiJ&ed as: "All)' illtlivi4ua~ {mn, cO'pdl11lmhip, joinI vmzurc, AUocialiml, soci41 club, frlUm&a1 otgrJIliuJliOlI, corporation. estIJl~ trust. receiver, J)'IIdkau.
this IllIIl 111'1 other cowuy, cily mill cowwy. city tnWlicipality, dUtricl, Of other polilkaJ IUbdi~uiotl, Of a"y mhn group (K combit&aliOll <<wag At II IUIU."
1.
EXHIBIT "A"
Covenant Christian School
505 East Naples Street, Chula Vista, CA 91911
November 21, 1994
Mr. Steve Griffin & Ms. Amy Wolfe
City of Chula Vista Planning Department
276 Fourth Avenue
Chula Vista, CA 91910
RE: Profile of planned usage of property at 2400 Fenton Street, Chula Vista, CA
Covenant Christian School is currently applying for a Conditional Use Pennil in connection
with plans to lease approximately 10,000 square feet on the ground floor of a building at 2400
Fenton Street, Chula Vista (in the Eastlake Business Center).
1. PROPOSED USE
The applicant proposes to use this facility for the operation of a non-profit, religious (Christian)
day school comprised of grades kindergarten through twelfth. Currently the secondary school
(grades 7-12) are occupying the ground floor of the Fenton Street facility. Leasing of additional
space in the building to accomodate the resl of the school is anlicipated in the future.
Covenant Chrislian School has been offering an alternative educalional opportunity in the
Chula Visla community for nearly twenly years, having operated at 505 E. Naples St., Chula Vista,
CA since its founding in 1976. It has a multi-racial and multi-national constituency made up of
families who reside primarily in Chula Vista and other South Bay communities, though it draws
students from as far away as EI Cajon.
The proposed lease oflhis property is for a period of five (5) years, with an optional five-year
exlension. The school sees this site has having both short-term and long-term potential for accom-
modating a thriving, growing school into the next century.
2. STUDENT POPULATION
The enrollment for the 1994/95 academic year is approximalely 150 sudents, with the sec-
ondary school comprised of 70 students currently occupying Ihe Fenton Slreet property. We pro--
ject an incremental growth over the next five years (see the scheduled breakdown below) which
would bring the size of Ihe total student body to approximately 270 (152 elementary/l16 sec-
ondary ).
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There are presently approximalely 20 members of the administration, faculty, and staff (ap-
proximately half of which are working at the Fenton Streel facility). The anticipated growth in stu-
dent population mighl require the addilion of 5-10 more faculty/staff persons.
USE PROFILE FOR COVENANT CHRISTIAN SCHOOL -- 2
3. HOURS OF OPERATION
The hours during which classes are held are 8: 15 AM - 3:00 PM (Monday - Thursday) and
8: 15 AM - 12:00 noon (Fridays). Staff members usually begin arriving around 7:30 AM and re-
main until aboul 4:00 PM.
4. PARKING
There is a total of 65 available parking spaces on sight, and there is currentJy no other tenant of
Ihe building.
According to the mandated ratio of parking 10 pupils, we would need a total of 20 spaces for
the currenl size of our sludent body, and would need a lotal of 59 for our projected maximum en-
rollment of c. 260 students (see the scheduled breakdown below).
ELEMENTARY SCHOOL SECONDARY SCHOOL TOTALS
# Students # Soaces # Students # Soaces # Students # Soaccs
Year #1 100 20 100 20
Year #2 122 24 (86)* (21)* 122 (208)* 24 (45)*
Year #3 132 26 96 24 228 50
Year #4 142 28 106 26 248 54
Year #5 152 30 116 29 268 59
* If the elementary school is moved to the Fenton Street facility for the 94/95 school year.
5. TRAFFIC FLOW ON THE PROPERTY
Parents will use the two driveway entrances on the north end of Ihe property 10 drop off and
pick up sludents before and after school (as outlined in our original request for a c.u.P.). Faculty
and staff parking will be along the east side of the building as indicaled. There will be no anticipat-
ed traffic to the rear (south) end of the parking area during school hours. A turn-around hammer-
head area for emergency vehicles is provided in the rear of the building and will nol be obstrucled
by any school use. In case of an emergency, the student body would be evacuated from the build-
ing and assembled away from the flow of emergency vehicle traffic.
6. OUTDOOR RECREATION SPACE
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The applicant has received permission from the Eastlake Business Center Owner's Association
for the use by our students of Scobee Park for recreational and physical education purposes. The
USE PROFILE FOR COVENANT CHRJSTIAN SCHOOL ..3
applicant is agreeable to the condilions sel forth by the EBCOA, and will schedule its recreational
and physical education classes to coincide with the times indicaled by the EBCOA (i.e., 9:30-11 :30
a.m. and 1 :30-4:00 p.m. Monday Ihrough Friday). The students' passage to and from the park
will be supervised by qualified staff personnel from CCS.
If you have any questions about these revisions to our plans for our use of the building, please
let us know.
R'2;" ,"b:1
Rev.~er,~
Board of Directors
Covenant Christian School
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EXHIBIT "B"
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RETAIL PROPERTIES GROUP, INC.
A Full Service Commercial Real Estate Company
October 19, 1994
Mr. steve Griffin
City of Chu1a Vista Planning Department
276 Fourth Avenue
Chu1a Vista, CA 91910
RE: REQUEST FOR MODIFICATION OF EXISTING C.U.P.
2400 FENTON STREET, CHULA VISTA
Steve:
Please consider this letter a request for modification of
the above referenced Conditional Use Permit on behalf of
Covenant Christian School. The items Covenant Christian
School specifically request to modify on the C.U.P. are as
follows: 1. Extend the term of the C.U.P. by three years
to a new expiration date of September 30,1999. 2. Change
the C.U.P. to allow the entire building to be used as a
school use. 3. Increase the total number of students
allowed at the building from 208 students currently to 270
total students.
First, with regard to requests 2 and 3, it is our belief
that because Bonita Country Day School formerly occupied the
upstairs of the building for two years, Chula Vista has
already scrutinized and approved the upstairs for school
use. Bonita Country Day School's usage of the upstairs
space was very similar to the proposed usage by Covenant
Christian School which is primarily classrooms for grades
seven and above. Regarding the increase in total student
population, we are only requesting a 62 student increase,
even though the school is doubling it's square footage from
10,000 to 20,000 square feet by taking the upstairs space.
Second, in reference to the request for time extension of
the C.U.P., Covenant Christian would like to present the
following reasons why the request should be granted. First,
EastLake Development Company, in a letter dated September
22, 1994 supports an extension of the C.U.P. for five years
and specifically states in the letter that this use is
consistent with the atmosphere they are projecting for the
community. Second, this use will not negatively impact on
any future Biotech use within EastLake Business Center.
According to Michael Dorsey, the Supervising Hazardous
Materials Specialist with the City of San Diego HAZMAT, in a
letter dated October 19, 1994, of the over 200 biotech
companies currently operating in San Diego County, NOT ONE
has ever been required to undergo a Risk Management
Prevention Plan (RMPP). This is because no currently
Telephone (619) 453-9990 FAX (619) 453.9965
5230 Carroll Canyon Road, Suite 100 San Diego, California 92121
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operating biotech company has ever reached the threshold use
for acutely hazardous materials. In addition, according to
Mr. Dorsey, proximity to a sensitive population such as this
school or a hospital does not trigger an RMPP anyway. They
are triggered ONLY by exceeding the threshold use for
acutely hazardous materials. Even if a school use were to
impact a biotech company with regard to having to perform an
RMPP, it still makes no difference that a school is placed
on this site because Kaiser Hospital is directly across the
street and next to Kaiser is a Communities Facility Zone
proposed for daycare use. Both of these uses are also
listed as sensitive populations in relation to RMPP's.
The conclusion of these facts is that the location of
Covenant Christian School on this site has absolutely no
impact on any future Biotech activity or any other potential
user interested in locating within EastLake.
In Section 3 of the Covenant Christian C.U.P. (Res. No.
17325), regarding extension of the existing C.U.P. the
document states: The primary factors to be considered in
renewing and extending the permit is 1. whether there
exists, or there is expected in the near future to exist,
within the EastLake Business Park a demand for sites by
users which by virtue of requirements of law involving the
siting of hazardous waste generating uses with a given
distance from an operating school, may require such
prospective users to engage in costly and time consuming
studies and reports before such use may be allowed, and
2. the potential for conflict with surrounding development
and/or changes in the plans for the Business Center.
We believe that we have adequately demonstrated that the two
criteria for extension of the C.U.P. listed above have been
satisfied:
1. EastLake supports the extension for a five year
period.
2. The school is consistent with the atmosphere of the
center.
3. No Biotech company in San Diego has ever had to
do an RMPP because no currently operating biotech
company has exceeded the threshold for hazardous
materials. It is EXTREMELY unlikely that EastLake
will attract the first biotech company in San Diego
to exceed this threshold.
4. The school will in no way affect prospective users
with regard to expensive hazardous materials
testing.
5. The school sits across the street from Kaiser
hospital and the C.F.D. zone, and both uses, like
the school, are listed as sensitive populations
under the code. There is NO requirement for any
business constructing a facility wi thing 1000
feet of a sensitive population to develop a
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RMPP. If the city does not intend to ultimately
move Kaiser then a school located across the street
is a non-issue.
It is for these reasons that Covenant Christian School
respectfully requests that the modification to the existing
C.U.P. be granted.
Sincerely,
-);:~:~ GROU~
Dan Malcolm
Associate Vice President
INC.
dm:covchris
Enclosures
EXHIBIT "C"
September 22, 1994
Mr. Dan Malcolm
RETAIL PROPERTIES GROUP
5230 Carroll Canyon Road, Suite 100
San Diego, CA 92121
Re: Covenant Christian School
Dear Dan:
Covenant Christian School is a tenant in a building that is in the EastLake
Business Park. We understand that they will seek an extension of their
current Conditional Use Permit. To that extent EastLake would like to
make the following slatements:
1.
EastLake Development Company has not heard nor been
noticed that any rules or regulations imposed by the Business
Center have been violated during the past year.
2.
The recreational facilities at Scobee Park were not designed
or equipped for school use, however, at present there has not
been any ascertainable wear and tear associated with
Covenant Chris Ii an's use beyond nonnaI.
3. The use on a conditional basis, is consistent with the
atmosphere that EastLake Development Company is
projecting for their community.
It is for these reasons EastLake would support an extension of the
Conditional Use Permit for Covenant Christian for a total period of five (5)
years.
Please call if you have any questions or concerns.
Respectfully yours,
,
CS:ds
cc: Steve Griffin - City of Chula Vista
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fASTLAKE
DEVELOPMENT
COMPANY
900 lane Avenue
SUite 100
Chula Vista. CA 91914
(619) 421.0127
~AX (619) 421.1830
LETTER FROM H.M.M.D
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""PEAT K. noss. M, D.
f)11'\::cron
QIuunttJ of ~cUt JAi.e,gu
DEP/>,RIMEN1' '.::r HE.ALTH SERVICES
Et~VIf~(lNMEN1N. !-!E,.!>'LTH SERVICES
OFFICE OF IHE DrrU!Y DIRECIOR
r. O. BOX 85261
SAIl DIEGO, t~ 9Z1e~'5~61
(619) 338'222Z
fIX ., 338.2174
HI\ZAltDOtlS HJ\TEIUAW MAHhG~HEN'J.' I>IVISION
r. O. BOX 85261
SAM DIECO, CA 92186-5261
(619) 338-'2222
o~tober 19, 1994
Dan Malcolm
Retail Fropertien Gr.oup, Inc.
5230 Can'oll Canyon Road, suite 100
San Diego, CA 92121
REI Propo.gd l~etla~9 Bioteoh ZODe - Chula Vieta
Deal' l-Ir. Ma1c01ll11
'Ihis in in refipons'! to rour. C::tober 13, 1994 letter. In regltrds tQ
the San Di'?go:> C~"lnty IIt\r.!lrdoun !-iaterials MarHgement. Divioion' s
(mIMD) Hlal:: Joianag,micnt tmd Prevention progrant (RMPP):
1. CU:t'r'i!nt.ly fI" ~'l'~ra.ting biotech company in San Diego
Cc'unty h"B been I'equired to prepare a Risk Manag'.!/oent I1nd
Prevention Program.
2. Proximity t.o the Y.l\lser Hosp.l.tal (lr 11IIY other 9!!\nsltive
populaticl'\ doe iii not by itself, req'lire a businlJss to
prepare a RMPP. The RlfPP process !.S precipi tated by the
amount of aC'utely hazardolls materials (AlIMs) a business
has on site and the manner in which those ARMs are
handled.
3. Biot.er.-h c.oJtII'!llIies in San Diego c'mnty use AHMs and other
hlu;!lrdoul!' mati! r,\01s. In l'1oeot cases h'.>wever, biotlJ'ch
comE'"lliea handle AlUls bE!le,w the threshold planning
'Jtla~ltH:y ('t'!'Q) le~velB that would r.equJre a RliPP. Howevet,
the Hm\!) h"lB the authority to r,~quire a businaes that
halldles an lIIfM below TPQ to prepare a RMPP if it is
determimld thele is a filigniUcant likelihood of an
aocident x'isk.
4. Section 25534.1 in the Clllifornh lIea1th " Safety Code
requires the RHPP pre>ceos to, 91\'e consideration to
populations located in schools, resl.dent-ial areas,
general acute care hospitals, long-term heal.th care
faci1i tieeo, l!lld child day care facilities. 'rhere is no
req'Jirement for a busill~ss constr.ucting a facility within
"PI:'i!ve1ltlon COllies First"
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Dart Haluolm
-2-
Ootob$r 1', lPU
'.!! 100(! Ceot 0,' !'IIIY ssnsit.lve populatiol1 to dev€llop a RHPP
pdo::' t\:. '-"~o'ur''''.cy. Exlst.ing ll1w lIew require!! the IIHMD
t..., detp-l"mlnl,\ if therE! If.! a significant likelihood that a
bUf, il'll;'$S' 6 bond] j "9 of an h!!M cOllld pose an nccid'!!nt
J'iok. TIll" IImlD ur,;",s n r.'onsel'v"tiv", ccrnput:er lIir medel to
make these detenn.tllatlolls.
In closin9, the mmo encoUJ:ages all city pl'!lllning and buildltu,J
departnlenls to J.ocat<,> husln'?ss'!!s that hllndl'!! hilUs and hazaIdous
materials in the appropri'Jte bu!ldl119 zOllen to avoid conflIcts over
land use isaues. Pl~!lF.<e call me at (619) 338-2372 if you have any
questIons,
SIncerely,
I;?~;< /~a~_-/-
I"oJ\:HIIEI: DORSEY, Sl1p"",~H sing Haz<\cdou,", .,<-ter la.19 Special ist
~uzardous Materials Hmnugeroent DIvision
MD:md
co: Janet. OrtIz, Chief, IIMMD
Mike IIlIndlllan, Program coordinator, mum
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MEMO FROM
COMMUNITY DEVELOPMENT
DEPT.
memorandum
April 4, 1995
TO:
Bob Leiter, Director of Planning
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Chris Salomone, Director of Community Development v..
FROM:
SUBJECT:
Proposed expansion of activities and extension of the existing Conditional Use Permit
allowing Covenant Christian Schools to operate in the EastLake Business Center
The following comments are in response to a proposal by Covenant Christian Schools to expand current
activities and extend their existing conditional use permit (CUP) through September of 1999. Covenant
Christian School is located at 2400 Fenton Street within the EastLake Business Center. Their existing
CUP allows operation through June of 1996. As you know, Council has designated the EastLake
Business Center, both Phase I and Phase II, as the High Tech/Biotech Zone. The school's current
location is essentially centered in the business park and we feel is an incompatible use for any industrial
area, due 10 conflicting activities (truck traffic, storage of chemicals, etc.). We, therefore, feel that
extension of a CUP is potentially in conflict with the Council's desire to recruit industry in general and
to make the High Tech/Biotech Zone as business-friendly as possible. The increased regulation caused
by the school could also negatively impact our ability to secure tenants for the proposed BioShare
contract pilot manufacturing facility. We understand that Planning Department staff is willing to help
Covenant Christian Schools explore alternatives within their existing CUP time line and we support the
staff recommendation being forwarded.
((MD)c:\wp51\document\346.95 (rev. April 4, 1995)J
LETTERS IN SUPPORT
OF APPLICATION
r I' , COVENANT CkRisTiAN Sckoo
~~ 505 East Naples Street. Chula Vista. CA 91911 . 619/421-88
Mark W, Dolan. Headmaster
March 21,1995
Dear Mayor Horton,
It has been some time since your visit to our school. I have tried several times to
reach you by telephone to discuss your further support of our situation here in Eastlake
but between our busy schedules have not been able to make contact. .
I know that some of the information you received on the day of your visit was new to
you and I hope that you have been able to use It to reconsider some of the Issues
Involved in our coexistence with the planned biotech zone. As I mentioned to you
then, we are supportive of the direction of growth you have planned for our city, but we
also believe that Chula Vista needs a school of our caliber to meet the needs of some
of Its children. It is our plan to stay in Eastlake where our campus can grow to meet
those needs. Covenant has a mission to fulfill which will only enhance the
opportunities to be found in Chula Vista. .
We are scheduled to meet with the Planning Commission on Wednesday evening,
April 12. I do hope that you will be able to give us your support in our attempt to obtain
a more permanent Use Permit. We need to be able to commit to a lengthy stay at this
location in order for It to be an economically feasible investment.
Again, we have much to offer the city of Chula Vista. We are committed to
community involvement and have proven for the past 19 years our stability as well as
our support of this city. Our students have volunteered at Birch Patrick and Frederica
Manor Convalescent Homes, have refereed and coached for the children at the two
Boys and Girls Clubs, have candy-striped at Sharp Hospital, have become involved in
the Police Athletic League and have served on the Youth Council. The list could go on
and on. They are respectable and responsible citizens who deserve to have the best
location for their school. Eastlake can provide all that we need to serve them so that
they In turn can serve Chula Vista. .
Please consider how you can help persuade the Planning Commission' to work out'
. our coexistence with the biotech zone. Surely there is enough land out here for us all.
Sincerely,
f!:;z~~
High School Principal
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Mayor Shirley Horton
City of Chula Vista
276 4th. Av.
Chula Vista, California 91910
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PLAN'
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March 23, 1995
Dear Mayor Horton:
I am writing in regards to the purposed re-zoning to
accommodate the Bio-Tech industry in the area of
2400 block of Fenton (East lake). The reason for my
letter is that I am concerned with the future of the
school that my son attends; Covenant Christian School
which is located at 2400 Fenton, in Eastlake.
As a long time resident of Chula Vista, I understand the
desire of the city officials wanting to attract
prosperous businesses to the area. I also understand that
there is some concern about locating a Bio-Tech industry
near a school. I really can't see where this would pose a
problem. I feel with all the environmental safe guards
that we have today, that the school and any Bio-Tech
industry near the school could easily co-exist
I would like to see the Conditional Use Permit for
Covenant Christian School be extended on a long term
basis. This school not only provides an excellent
education to the children who reside in Chula Vista, but
also draws children from neighboring communities, such as
National City, San Diego, Imperial Beach, and Mexico.
I would also like to bring to your attention that Kaiser
Medical offices are just around the corner from the
school. Also, I understand that a Pre-school is going
to open next to the Kaiser offices, in addition to the
other businesses that already exist in the area of the
school. This is just a sample of the variety of
businesses that can co-exist with the proposed Bio-Tech
industry safely.
(/
Mayor Horton; I request your help in the re-zoning, to
make the location of Covenant Christian School permanent,
at 2400 Fenton in Eastlake. The school is an asset to the
surrounding community of Chula Vista. As a parent
of a student at Covenant Christian I know this for a
fact. Thank yOU for your help.
~:::;Avr-~
Edward G. Woodrich
Re:
Edward G. Woodrich
682 East J St.
Chula Vista, CA 91910
482-8735
cc: Chula Vista Planning Commission
P.C. AND C.C. MINUTES
AND RESOLUTIONS FROM
ORIGINAL HEARINGS
COVENANT CHRISTIAN
CC Resolution of Approval 12/14/93
CC Minutes 12/7/93
PC Minutes 10/27/93
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RESOLUTION NO. 17325
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DENYING THE APPEAL OF THE DECISION OF THE PLANNING
COMMISSION AND ISSUING A CONDITIONAL USE PERMIT PCC-94-
09 TO USE 2400 FENTON STREET IN THE EASTLAKE BUSINESS
CENTER AS A PRIVATE SCHOOL UNTIL JUNE 30, 1996, SUBJECT
TO POSSIBLE EXTENSION
WHEREAS, a duly verified application for a conditional use pennit was filed
with the City of Chula Vista Planning Department on August 18, 1993, by Covenant
Christian School; and,
WHEREAS, said application requested approval to establish and operate a
private school for a minimum five-year period at 2400 Fenton Street (APN 595-232-
11) ("Subject Property") in the EastLake Business Center ("Project"); and,
WHEREAS, the City's Planning COlTl11ission has the authority to grant
conditional use pennits for certain uses over the Subject Property pursuant to
the authority of Ordinance No. 2522 adopted by the City Council on June 30, 1992,
being the EastLake I Planned COlTl11unity District Regulations, as amended; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
conditional use pennit 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 500 feet of the exterior
boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
7:00 p.m. October 27, 1993, in the Council Chambers, 276 Fourth Avenue, before
the Planning COlTl11ission and said hearing was thereafter closed; and,
WHEREAS, on October 27, 1993, the COlTl11i ss i on voted 5-2 to approve the
conditional use pennit for a five year period, based on the findings and subject
to the conditions contained in Resolution PCC-94-09, a signed copy of the
resolution was filed with the City Clerk on November 3, 1993; and,
WHEREAS, on November II, 1993, and within the time to file an appeal, an
appeal from the decision of the Planning COlTl11ission was filed by Bonita Country
Day School; and,
WHEREAS, said appeal was based on claims that the child welfare, security
and safety issues associated with the proposed use have not been adequately
addressed; that the Planning COlTl11i ssi on I s deci si on was based on accepted p 1 anni ng
practice that does not address the unique circumstances of this project, and that
the basis for the approval of the five year pennit tenn was the business
agreement between the building owner and Covenant Christian School; and,
WHEREAS, the City Clerk set the time and place for a hearing and said
appeal 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
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Resolution No. 17325
Page 2
property owners within 500 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
4:00 p.m. Tuesday, December 7, 1993, in the Council Chambers, 276 Fourth Avenue,
before the City Council.
WHEREAS, this Resolution is passed pursuant to the authority of Section
19.14.130 by which the City Council may affirm, reverse or modify in whole or in
part any determination of the planning commission upon the hearing of such
appea 1, subject to the same 1 imitati onsd and requi rements of fi ndi ng as are
placed upon the planning commission by said Chapter 19.14.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as
follows:
,
SECTION 1.
CEQA Consideration.
The Ci ty Council does hereby confi rm and endorse the
determi nat i on of the Ci ty I S Envi ronmenta 1 Revi ew Coordi nator
that, and hereby finds on its own behalf, that the Project is
exempt from environmental review as a Class l(a) exemption under
Section 15301 of the CEQA Guidelines.
SECTION 2.
Conditional Use Permit Findings.
Pursuant to the requi rement of Secti on 19.14.130, the Ci ty
Council makes' the following findings, presented in bold
lettering, as specified in Section 19.14.080 as follows, based on
the evidence therein below set forth:
1. That the proposed use at the location is necessary or
desirable to provide a service or facility which will
contribute to the general well being of the neighborhood or
the COIIIIIIunity.
The site represents a suitable interim location for the
school to continue to meet the private educational needs of
the community provided the circumstances which favor
approval at this time are subject to review and
reconsideration in five years time to determine if the
development of the surrounding area and/or any changes in
the plans or regulations of the Business Center may result
in a conflict in uses.
That such use will not under the circu.stances of the
particular case, be detrillental the health, safety or
general wel fare of persons residing or working in .the
vicinity or injurious to property or i.provelents in the
vicinity.
.'
2.
SECTION 3.
Resolution No. 17325
Page 3
The present lack of development inrnediately surrounding the
site should ameli orate any potent i a 1 confli cts between
uses. The permit, as conditioned, will further ensure
compatibility with co-tenants and other properties within
the Business Center, and will allow review and
recons i derati on of these ci rcumstances wi thi n two years
time.
3. That the proposed use will c~ply with the regulations and
conditions specified in the Municipal Code for such use.
The approval of the permit, as conditioned, will require
the use to comply with all applicable regulations, codes
and requirements.
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.
With the approval of this permit and the implement of all
condi t ions, the use wi 11 be consistent with the General
Plan and EastLake PC District regulations.
Grant of Use Permit on Specified Conditions.
The City Council hereby grants permission to the Owner of the
Subject Propert to use the Subject Property to estab 1 i sh and
operate a private school until June 3D, 1996, subject to the
following conditions:
1. Term. The permit is approved for a period ending June 3D,
1996 and subject to periodic review during that period of
time. The permit may be considered by the City Council for
renewal and extension beyond that date provided a written
request therefor, alon9 with the required fee, exhibits and
information, is received, deemed complete and approved by
June 14, 1995.
The primary factors to be considered in renewing and
extending the permit is (1) whether there exists, or there
is expected in the near future to exist, within the
EastLake Business Park a demand for sites by users which,
by virtue of requirements of law involving the siting of
hazardous waste generating uses with a given distance from
an operating school, may require such prospective users to
engage in costly and time consuming studies and reports
before such use may be allowed, and (2) the potential for
confl ict with surrounding development and/or any changes in
the plans for the Business Center.
~
Resolution No. 17325
Page 4
2. Traffic and Parking. Prior to occupancy the property owner
shall submit to the Director of Planning a program to avoid
traffic conflicts and allocate parking between the two
schools and any other potential building tenants per City
standards. Said program shall be agreeable to and signed
by representatives from both schools, or shall be shown to
be legally enforceable by the property owner/landlord.
3. Phys i ca 1 Educati on. Pri or to occupancy the app 1 i cant shall
submit a schedule of' outdoor recreational and physical
education activities which conforms with the parameters of
use approved by the EastLake Business Center Owners
Association; the applicant shall provide proof satisfactory
to the Director of Planning that legally enforceable rights
to suitabl e outdoor recreat i ona 1 and phys i ca 1 education
faci 1 iti es have been obtai ned for the duration of the
permi t. Loss of such facil i ti es shall be grounds for
revocation of the permit.
4. Occupancy. The occupancy of the buil di ng by Covenant
Christian shall not exceed the staff/student figures
provided by the applicant, i.e., 24 staff and 208 total
students cons i sti ng of 122 students in grades K-6, 46
students in grades 7-9, and 40 students in grades 10-12,
and/or the number of staff/students indicated by the
parking allocation program, whichever is less.
5. Restriction on Outside, On-Site Uses. All on-site school
activities, including recess and recreation, and pre-school
and post-school activities, shall be limited to the inside
of the building.
6. Crossing Guards. Trained, uniformed adult crossing guards
shall be provided at the intersection of Fenton Street and
Lane Avenue to oversee and protect the chil dren on all
trips to and from Scobee Park.
7. Code Compliance. Prior to occupancy the school shall
comply with all of the codes, requirements and conditions
imposed by the Department of Building and Housing and the
Fire Department.
8. Interim Use Acknowledged. By the acceptance of this
permit, the applicant acknowledges that the school has been
approved as an interim use, and its occupancy of the
facilities at 2400 Fenton Street shall in no way restrict
the use of adjacent properties fro. uses otherwise deemed
appropri ate under the Busi ness Center PC Di stri ct
Regulations.
9. Post-Approval Conditions. This permit shall be subject to
any and all new, modified, or deleted conditions imposed
,
,
....
Resolution No. 17325
Page 5
after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare
which City shall impose after advance written notice to the
permittee and after the City has given to the permittee the
right to be heard with regard thereto. However, the City,
in exercising this reserved right/condition, may not impose
a substantial expense or deprive Permittee of a substantial
revenues source which the Permittee can not, in the normal
operation of the use permitted, be expected to economically
recover.
10. Time to Commence Use. This conditional use permit shall
become void and ineffective if not utilized within one year
from the effective date thereof, in accordance with Section
19.14.260 of the Municipal Code. Failure to comply with
any condition of approval shall cause this permit to be
reviewed by the City for additional conditions or
revocation.
failing any of which conditions, or failing the continued
maintenance of same as the condition may require, this permit,
shall, following a public hearing by the City Council at which
the Applicant or his successor in interest is given notice and
the opportunity to appear and be heard with regard thereto, be
terminated or modified by the City Council.
SECTION 4.
Denial of Appeal.
The City Council does hereby deny the appeal of Bonita Country
Day School.
o/t:L
Robert Leiter
Director of Planning
1~
VBruce M. Boog~
City Attorney'
by
Presented by
Resolution No. 17325
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chul a
Vista, California, this 14th day of December, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Counci lmembers: None
c0- /lh /
Tim Nader, Mayor
ATTEST:
puty City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California,
do hereby certify that the foregoi ng Reso 1 ut i on No. 17325 was duly passed,
approved, and adopted by the City Council at a meeting of the Chula Vista City
Council held on the 14th day of December, 1993.
Executed this 14th day of December, 1993.
13. PUBUCHEARING PCC-94-09: APPEALOFTHEDECSJONOFTHEPLANNlNGCOMMlSSlON
TO APPROVE CONDmONAL USE PERMIT PCC-94-09 . On 10/27/93, the Planning Commission voted 5.2
to approve Conditional Use Permit PCC.94.09 and allow the operation of a private day school (Covenant
Christian School), at 2400 Fenton Street for a period of five yean. On 11/11/93, Bonita Country Day School
appealed the Planning Commission's decision. The appeal was based on claims that child welfare, security,
and safety issues had not been adequately addressed; that the Planning Commission made a facility use
decision based on accepted planning practice that did not address the unique circumstances of the project;
and that the basis for the approval of a five.year conditional use permit was the business agreement between
the building owner and the applicant. Staff recommends approval of the resolution. (Director of Planning)
tv)
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(&~.7d/ I d
.M',' /fUifi ~r)
Minutes
December 7, 1993
Page 7
RESOumON 17325 DENYING 11-IE APPEAL OF 11-IE DEOSION OP 11-IE PI-'NNING
COMMISSION AND ISSUE CONDmONAL USE PERMIT PCC-94-09 TO USE 2400 PENTON S11lEET IN 11-IE
~ BUSINESS CENJ"ER AS A PRNATE SCHOOL POR A PERIOD OP FIVE YEARS
This being the time and place as advertised, the public hearing was declared open.
. Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Gordon Dunfee, stated they
were in agreement with the staff recommendation with one exception, i.e. the issuance of the CUP for only
two years. Curt Stephenson with the EastLake Business Center Owners Association, stated they had
approved a two year use agreement of Scobee Park and as far as he was concerned there was no problem
in getting an extension beyond the two years. Another concern was the loss of commercial space in the
Center. A school in that location had been acceptable before and they felt the addition of Covenant
Christian would not detract from the operation of either Bonita Country Day or the industrial space in the
Center. He requested consideration of a five year period. There was a desire and intent by Christian
Covenant to look at it as a long tenn move by possibly acquiring the building, purchase the space next door
for on.site recreation usage, and then applying though the City to get community facility zone on that
property which could be in.lieu of additional community facility zoning in the next phase of the EastLake
Business Center.
. Dan Malcolm, 660 Bay Boulevard, Chula Vista, CA, representing Covenant Christian, stated the
reason they needed a five year tenn was that Covenant Christian needed lower rent in the first several years
of the tenn and would make it up with more rent in the final years of the tenn. The other reason was
because Covenant Christian could not amortize the cost of a move of such magniNde over a period of two
years, it was not feasible. The building had originally been built as a specialty building for a school for
Laser Inc. Since that time Laser Inc. never occupied the building and as a result the building sat vacant for
3 1/2 years on the ground floor with Bolita Country Day on the upper floor. Eastl.ake had no objection with
the five year tenn. They felt a precedent had been set to justify the five year tenn with the recent National
University lease, with no tenn, on Bay Boulevard. EduTek was currently negotiating on Bay Side Business
Park which was an industrial zone.
. Mark Dolan, 1398 Oleander Avenue, Chula Vista, CA 91911, representing Covenant Christian School,
stated Covenant Christian had been serving the Chula Vista and greater Southbay area since 1976 with
alternative education. They were also concerned with child welfare, security, and safety. They had met with
the Catanzaro's several times and felt they had resolved the issues, some still needed to be handled, but they
had agreed in good faith to work those out in the fuNte. He requested Council uphold the Planning
Commission decision for a five year CUP and deny the appeal of Bolita Country Day School. They needed
the five year CUP due to the disruption of the move to a new facility and to recover costs for necessary
repairs to the building. The EastLake Development Company had no opposition to their use of the building
for a five year tenn. The Planning Commission did not believe there was a real conflict between the school
and industrial use at that site and felt the five year pennit would be an advantage. He requested Council
deny the appeal and let them move forward.
. Paul Catanzaro, 372 Camino Elevado, Bonita, CA, representing Bonita Country Day School, stated
the siNation was not as simple as had been presented. If it was not a landlord tenant is!:.:e, he questioned
what was. A landlord/tenant issue was what the Planning Commission had stated they would not use as'
a resolution to the problem, yet they decided to go against the staff recommendation. Because of that he
felt the decision of the Planning Commission was flawed. They had been in the building for 2 1/2 years and
had safety and welfare concerns for their children and for the other school also. They had only been
contacted when Covenant Christian felt they had to do it to get to the next step in the planning process.
There had never been a serious conversation where they had been included or asked if it could work. They
had infonned Mr. Dunfee, through lease negotiations, that they were going to build a lower school. He had
been aying to get the downstairs added to his lease for the past year. They were being pushed out and
disregarded and the emotional well being of the children was being disregarded. Their CUP had been for
one year with a review and a two year extension. Now the Planning Depamnent offered another school two
-"..-.- _.-...--
Minutes
December 7, 1993
Page 8
years with a review which was better than they had received and he did not feel things were being applied
evenly. He felt there was a great potential to do damage to a lot of kids. He asked that if Council did not
approve the appeal and send it back to Planning, that they grant continuance to allow representatives of
both schools to sit down and do the hard work to get the assurances that the children would be protected
so there would not be any victims.
Councilmember Honon questioned who their lease agreement was with. She funher questioned if they
would give Bonita Country Day School a longer luse than what was being given to Covenant Christian
School.
Mr. Catanzaro responded that it was with Dunfee and Associates. Covenant Christian School had a need
to expand and had the financial wbere-with-all and they were being pushed out of the building. They had
a three year lease tenn which did not have options at the end. When they entered into the lease they were
in a pretty good growth period and felt they would be able to either lease the whole building or be in a
position to buy a piece of property and build their own campus. He stated their moving costs would be
approJdmately $60,000.
Councilmember Rindone questioned if Mr. Catanzaro had been infonned by the landlord that the lease
would not be renewed and when that had happened.
Mr. Catanzaro responded that he had been infonned by the landlord the day of the Planning Commission
hearing, one month ago. He bad actively been looking for alternatives since Mr. Dunfee made it clear the
lease would not be renewed. It would take until the end of the school year to get something and to make
it work.
. Suzanne Catanzaro, 372 Camino Elevado, Bonita, CA, representing Bonita Country Day School, spoke
on behalf of Dr. Linda Altus who was unable to be at the meeting, she felt there was a potential for both
psychological and emotional problems due to displacement, and loss of identity. Speaking on her own behalf
she stated the proposal had been based on many statements that were far less ttue and contained many
omissions. Bonita Country Day lower school had to be located on the lower floor and they had occupied
classrooms there since 1991. The two schools would share the same bathrooms, hallways, and common
areas. Their CUP had been for seventy students for an interim temporary school. Bonita Country Day had
been given a threat that unless they withdrew their list of objections before the Planning Commission
hearing the space on the lower level would no longer be available to Bonita Country Day School. Their
objections dealt with the safety and welfare of children and, therefore, they could not withdraw their
objections. Yesterday, Covenant Christian had shown them a floor plan that did not include first floor
classroom space for their school. Before the current meeting they had been handed a letter stating Bonita
Country Day would be allocated to a small space in the comer of tHe building, She felt Covenant Christian
was moving because they wanted a pennanent location and that it should be taken into consideration. No
consideration had been given to noise inttusion or disruption of their current program.
Councilmember Honon questioned if the safety concerns expressed would not also apply to Bonita Country
Day School.
Ms. Catanzaro responded they had a safety problem with crossing at an uncontrolled intersection with a
blind grade. They crossed with a teacher and seven or eigbt students at that comer and it was still a
dangerous situation. With the additional students and traffic she felt there was a hazard.
Councilmember Moore stated one of the conditions presented was that there would be unifonn crossing
guards. He questioned if Bonita Country Day had unifonned crossing guards every time students crossed
the street.
Ms. Catanzaro responded that when the students crossed as a group, most of the time a teacher held the
hands of several students and then crossed the street. She stated they did have unifonn crossing guards.
Minutes
December 7,1993
Page 9
Mayor Nader questioned if there was anything in writing from the owner of the property which indicated
their lease would be affected by potential action by Council.
Ms. Catanzaro responded there was nothing in writing.
. Lili Lopez, 184 Marigold Court, Chula Vista, CA, student at Bonita Country Day School, spoke against
the approval of the CUP.
. William Tuchscher, 3633 Bonita Verde Drive, Bonita, CA, Member of the Planning Commission,
stated he was available to answer any questions.
Councilmember Horton stated the City was diligently trying to attract high tech/bio tech industries into the
area and questioned if Mr. Tuchscher felt it was a wise decision to allow a five year CUP.
Mr. Tuchscher stated as the application was presented to the Planning Commission it was not a choice of
years, but five years or none. They deliberated regarding having a school on-site with current uses in the
area and felt it was an appropriate use and seemed to be working well. He was very aware of the bio tech
zone and it was the feeling of the Commission that a school was looked at as a favorable element of the
community and complimentary with those uses. Mr. Stephenson had represented to the Planning
Commission that the park was controlled by the users of the Business Park and that he would go back to
them and get approval for five years. He agreed it was an important element. It had also been presented
to the Commission that the existing lease would expire in a six month period and it would not be renewed.
Councilmember Horton questioned if it was being inconsistent in granting one school a CUP for a shorter
period of time and now the Commission was recommending a five year CUP.
Mr. Tuchscher responded that he was not on the Commission when the previous CUP had been granted.
In light of the economy the Commission felt it was the best thing to do.
Robert Leiter, Director of Planning, informed Council the CUP for Bonita Country Day School had been
granted administratively and did not go before the Planning Commission or Council.
Councilmember Rindone questioned if the Planning Commission discussed any covenant for the use of
Scobee Park or physical education.
Mr. Tuchscher responded that it was not a condition of approval, but was represented strongly that it would
be eminent by the EastLake Development Company that it would be achieved. It was a land use issue only
and all issues regarding tenants in the building and lease hold versus ownership was irrelevant to the
discussion before the Planning Commission. .
Mr. Leiter stated staff felt anything over two years would be moving toward a more permanent type of land
use and potential conflict with future industrial land uses in the vicinity. Staff felt that two years or less
would clearly be a temporary use and that the applicant would clearly understand that in the future the CUP
could not be extended if other industrial users came in that would be in conflict with the school. Staff had
recommended to the Planning Commission a two year CUP. While they did not bring that forward to
Council, staff continued to recommend a two year time limit.
. Susan Stroud, 1900 Granger Avenue, National City, CA, student at Bonita Country Day School;
questioned why it was being done in the middle of the school year.
. Cindy Resler, 1610 Palm Avenue, Chula Vista, CA, student at Southwestern College, felt the message
being sent to the students was that it was very important to bring bio tech industry to the City because it
would be financially beneficial. Unfortunately, she felt it was not right to put the bio tech industry before
educating the youth of the community. By educating the youth it would build a stronger community.
_. ----,---- .-.-..
Minutes
December 7, 1993
Page 10
Mayor Nader stated he agreed that the bio tech industry and education did not have to be in conflict with
each other, the City had to have both. The primary reason to develop the bio tech industry in the Southbay
was to provide job opportUnities for young people. Education was important as was job opportUnities.
Mr. eox stated Bonita Country Day had a lease that ran through June, 1994 and there was no effort to
displace them. The issue was brought to staff in August and the intent of Christian Covenant was to be in
operation the entire year, but their intent now was to be in session starting January. They would have
approximately one hundred students from K-6 on the lower floor only until the end of the school year. He
felt a plan could be worked out to accommodate both schools. They had met with the Catenzaros and
agreed upon the hours of operation, the drop-off point for students to avoid conflicts, shared use of the park
and parking spaces. There were other issues that needed to be dealt with, including the allocation of space.
In reference to the December 7th date, there was a letter given to the Catenzaros before the meeting
regarding their desire to have space downstairs, they cWTently did not have a lease downstairs. The offer
was made several weeks ago and Bonita Country Day needed to respond as Covenant Christian had
requested a response within five days.
. Gordon Dunfee, 6480 Weathers Place, San Diego, CA, stated that action by Council would not
displace anyone in their building. They were looking for a CUP for five years to assist Covenant Christian
School to enter the ground floor. They had made proposals to Bonita Country Day School on three
oecasions, that they were prepared to stand behind, that would allow them to continue to use ground floor
space, whicb they had been using since 1991 without a lease or paying rent.
. Dan Wilkens, 3848 Avenida San Miguel, Bonita, CA, whose son attended Bonita Country Day, stated
the parents of students at the school had voiced their concerns to the Catenzaros. He did not want the
quality of education to be lost in all the rhetoric.
Mr, Catenzaro informed Council he had been given the offer by Mr. Cox only before the meeting and not
two weeks ago.
There being no further public testimony, the public hearing was closed.
Councilmember Moore stated there were other industrial buildings being utilized for other uses and many
industrial buildings were sitting vacant. He felt what Council was doing was right in providing temporary
uses in those vacant buildings. He referred to page 13-9 and questioned if ..... review and reconsideration
of these circumstances within a two year time frame. and questioned if the two year reference was in e!Tor
and if the word .circumstances. should be .conditions..
Steve Griffin, Senior Planner, stated the resolution adopted by the Planning Commission only changed the
term of the pennit, the conditions stayed the same. It was an oversight that the two year term was left in,
it should have been changed to five Years.
Mr. Leiter stated there was a separate condition in the conditional use permit that required that recreational
facilities be maintained. If EastLake Business Ownen Association wanted to terminate the ability to use
Scobee Park, the school would have to provide other facilities. If they did not do that, it would be a basis
for the City to bring up the conditional use permit for review.
MS (FOJVHortan) to approft staff recommendation with a two year rather than five year tenD.
Councilmember Horton stated she would second the motion based on the information received at the
meeting. There was no guarantee the two year agreement for Scobee Park would be extended.
Mayor Nader stated it was his understanding that if the lease on Scobee Park was not extended past two
years, the applicant would be out of compliance with the CUP and, therefore, the CUP would be revoked.
He did not undentand why the length of the CUP would have to be shortened.
Minutes
December 7,1993
Page 11
City Attorney Boogaard stated that was correct.
MOTION WI11iDRAWN: (Fo%)
RESOUn1ON 17325 OfFERED BY COUNCLMEMBER pox. reading of the tot _ waived.
Councilmember Rindone felt there were two other factors that needed to be examined: 1) #3 on page 13-10
'1:0 see if the commianent regarding physical education was available; and 2) co-existence and interfacing
of two educational institutions. He understood it was only the land use issue before Council, but there were
issues beyond that.
SUBS'lTIUl"E MOTION: (Rindone) to cootinue the public bearing for ooe week in order to nso1ve die
following two issues: 1) develop an operational plan between the two educational institutions; and 2) staff
and the potential tenant were to determine if they were able to obtain a live year lease from the owner of
the business park.
SUBS'lTIUl"E MOTION SECONDED: (Horton)
Councilmember Horton questioned if after July 1994 Bonita Country Day School would be allowed to get
an extension of their lease.
Mr. Dunfee responded that they would not be allowed an extension on their lease.
YOre ON SUBS'lTIUl"E MOTION: approved 3-2 with Moore and Nader opposed.
Councilmember Moore felt Council was fonning a routine of continuing items after listening to two or three
hours of testimony. He questioned if the maker of the motion would have another motion that would
restrict duplication of testimony that had already been given.
Councilmember Rindone stated he had made it clear that he was in favor of the five year CUP but did not
feel there had been an answer as to whether the physical fitness component had been granted. He also
wanted to see the two schools work together to protect the students.
Councilmember Horton stated she had voted for the continuance because from a land use perspective she
was not sure that granting a five year CUP was in the best interest of the City. She had a problem in
displacing the students that were already there.
Mayor Nader stated he voted against the continuance because the lease was a private maner that Council
had no control over. .
Mr. Cox stated it was his understanding that the two parties were to get together to resolve the outstanding
issues. He requested that City staff call the meetings and moderate.
PC Minutes
-12-
October 27, 1993
Excemt from Planninl! Commission Minutes of 10/27/93
ITEM 2: CONDITIONAL USE PERMIT PCC-94-09; REQUEST TO ESTABUSH A
. PRIVATE SCHOOL FOR GRADES K-12 AT 2400 FENTON STREET IN THE
EASTLAKE BUSINESS CENTER - Covenant Christian School
Principal Planner Griffm preser.ted the staff report and recommended a shorter initial approval
period of two years. The proponents requested five years and saw the potential of using the
building over the long term as a school. Staff recommended that the permit be conditioned on
a two-year time limit with ability to extend that further provided that the conditions remained
essentially the same. Mr. Griffm noted that Bonita Country Day School had expressed concerns
about shared use of the building. The two issues of most concern to staff in this regard were
the coordination of drop-offs and pick-ups, and shared use of the parking lot. The other issues
brought up by Bonita Country Day School were probably internal issues that could be worked
out between the parties without the City's involvement. Several letters had been received since
the Commission packet had been delivered which had been place on the dais prior to the
meeting.
Commissioner Ray asked why staff had set a definitive time period of two years.
Mr. Griffm replied that staff thought the two-year period was a reasonable short-term period
which would allow staff to look at the property and analyze what had happened during the two
years. Staff did not feel the property was an appropriate site to accommodate a school over the
long term; it had no on-site recreation facilities; the children must be taken to and from a park
which required crossing streets which would eventually carry a significant amount of industrial-
type traffic; if the site was to be considered for school use, it should be in the context of an
amendment to the EastLake Plan and considered in the context of overall land uses and
compatibility. Mr. Griffm noted that interim-type uses in an industrial center are usually limited
. to two or three years, subject to reapplication and renewal rather than just review. The ones on
which a review requirement are placed were usually uses tl!at staff had concerns about how the
operational impacts would affect others. Mr. Griffm said in this case, if staff had the choice of
not approving it at all or approving it for an indefinite period, they would be recommending
denial of any use of the site for a school. However, with the pace of development, it could
accommodate a school for a short period of time.
Commissioner Ray asked the Assistant City Attorney what was the real difference in setting a
two-year limit with a review and a potential extension versus the normal language.
Assistant City Attorney Rudolf stated that generally conditional use permits nm with the land,
so that and the variance, unless specifically limited, were good forever. There would have to
be a major change to get rid of it, as opposed to its expiring by its own language. There was
a significant difference in terms of the viability of the property salability effect on its title.
PC Minutes
-13-
October 27, 1993
Answering Commissioner Ray, Mr. Rudolf said even if the building lease had expired and not
renewed by the owner of the property, the conditional use permit would be in effect and
someone else could hold the property out for that use.
Commissioner Ray asked if the conditional use permit could be only for that tenant. Mr. Rudolf
said it was not typically done. The focus should be on the use in the more generic sense.
Commissioner Tuehscher questioned the term "manufacturing district" and asked if there was
some significance to that. Mr. Griffm stated it was the term being used in the EastLake Plan,
and terminology could vary in the planned communities.
Commissioner Salas asked if there were any projections on the build-out time of the bio-tech
area. Mr. Griffm said it was in the dis.cussion stage now, and he had no idea as to when that
might come into reality.
This being the time and the place as advertised, the public hearing was opened.
The following speakers were in favor of the project and gave a IS-minute organized
presentation:
Greg Cox, 3130 Bonita Road, Suite 200, CV 91910, speaking on behalf of the property owner,
stated that they were in support of staffs recommendation with the exception of the two-year
time period. He thought it was a good land use and would be good for future businesses in that
their employees could put their children in a private s.chool, if they wished, which was close and
where they could visit at lunch, etc. Mr. Cox introduced Mark Dolan, the Headmaster of the
Covenant Christian School.
Mark Dolan, 1398 Oleander, CV 91911, Headmaster of the Covenant Christian School, stated
that they had outgrown the practical capacity of their current facility. EastLake was a very
desirable location for their s.chool; it had a good long-term potential for them; they were pleased
with the Fenton Street building in the EastLake Business Park; it had good visibility, an
attractive architecture for their needs, ,the site was convenient within the business park on a cul-
de-sac away from busy streets. They had worked out a use agreement for the Scobee Park
which they believed adequately met their immediate needs for playground space. To their
knowledge, none of the other permanent businesses saw any incompatibility with having a school
in that area. Mr. Dolan said a two-year permit was not long enough to cover the amortization
cost of the lease, The price would be more than they could afford over a short term 1ike two
years; extending the lease to five years would permit the school to pay a smaller amount during
the flISt couple of years during' which time they could recruit additional students to afford the
lease payments over the balance of a five-year lease period. A two-year permit was not
sufficient time to cover the financial cost or the practical difficulties involved in a move-in.
They had searched for other locations in the City, and everywhere they went they were faced
with having to obtain a conditional use permit. They must have a five-year conditional use
permit for the building on Fenton Street, or it would be of no use to them.
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October 27, 1993
Mr. Cox noted that Curt Stephenson was available for any questions regarding the EastLake
Business Center Owners Association and the proposed lease for the recreation uses of Scobee
Park.
Commissioner Moot, referring to the agreement in the Planning Commission packet, asked Mr.
Stephenson about the two-year limit on the use of Scobee Park. It seemed to be inconsistent
with what Mr. Dolan had said-that there were no outstanding issues between the School and
EastLake. .
Curt Stephenson, 900 Lane Avenue, Suite 100, CV, said he was Vice President of the
EastLake Development Company and also the President of the EastLake Business Center Owners
Association. Mr. Stephenson said Scobee Park was not set up for recreational facilities for a
school, and it was an unusual request from thai standpoint. They had taken a request before,
however, from Bonita Country Day and had surveyed the owners who had felt it was an
appropriate type of use. As a result of that, when Mr. Dolan originally approached them, he
had requested a two-year period and the Association thought that was a reasonable timeframe
and had agreed to that. Extending that period to five years would mean he would have to go
back and ask each of the individual owners again, but he assured the Commission that he
believed they would accept the five-year period. Beyond that, they believed the school was an
appropriate use for an interim facility. Mr. Stephenson noted, also, that there were multiple
access to the park. The only route would not be along Fenton.
Commissioner Salas, referring to possible conflicts for park use by a company wanting to use
it for a single company event and the use of the park by a school, felt it was too broad. Could
anything be done?
Mr. Stephenson said that as a specific owner of the property, the right to use the park could not
be taken away from them. They were requesting if a conflict would arise, that Covenant
Christian would suspend that day's activities so EastLake could abide what had been guaranteed
all the people in the park.
Commissioner Salas asked how often such an occurrence would arise where Covenant School
would have to suspend their outdoor activities. Mr. Stephenson replied that at the present time
it was about one day a month, where it took the entire park. Sometimes it was during the week,
and sometimes on the weekend.
Commissioner Salas questioned the time that hl1vt"".aping was done on Mondays from 7 a.m. to
10:30 a.m. and noted that it would preclude the moming recess period of the school every
Monday. Mr. Stephenson said the mowers would run for a three-hour period but not over the
whole park at once. There were areas in the park that would be mowed early in the moming.
It was something that could be worked out with the school through their schedule.
Chairman Martin said that the area was earmarked for bio-tech. As a business person in that
area, was Mr. Stephenson aware of any projected time when that might happen.
.
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October 27, 1993
Mr. Stephenson reported that they were working with staff to look at existing lots to do an
overlay for a bio-tech zone, and were also looking at the future Phase n. Phase n would require
a full-blown EIR and EastLake Development Company would be coming back to the Planning
Commission with additional reports. He could not give a timeframe.
Commissioner Tarantino questioned Mr. Stephenson if a five-year conditional use permit would
be too restrictive. Mr. Stephenson, SJX"-"ldl1g as EastLake Development Company, felt there
probably would not be a problem with a five-year conditional use permit. He felt the two years
was appropriate because it would give a test case of how they would use the park and what kind
of conflicts would be realized and the resolution of those. If they had the same track record that
Bonita Country Day currently had with them for the past two years, they probably would not
have a problem approving five.
Commissioner Tarantino asked if it would be their desire to have the leases run in tandem and
expire in tandem, would that be advantageous to the Business Park.
Mr. Stephenson did not believe there was a deep-rooted conflict with the use. Five years was
an adequate time for them to negotiate to find out whether or not they could expand their
facilities into the other vacant lots near there. They could possibly request a rezone to a
community zone area, which could work in a business setting.
Gordon Dunfee, 6480 Weathers Place, San Diego 92121, the Managing General Partner for
the property, requested a five-year term as a m;l1;mum. '.
Commissioner Fuller asked Mr. Dunfee for confirmation that they did not intend to extend the
current lease with Bonita Country Day School after the remaining eight months. Mr. Dunfee
said it was their intention to not extend. There were no extension rights; it would be a new
lease and, at that point, they did not intend to sign a new lease.
Commissioner Ray queried if in any event there was not a Covenant School before the Planning
Commission, it was his intention to not extend the current lease for Bonita Country Day, or was
it strictly the financial gain because of Covenant School. Mr. Dunfee said it was a combination
of all the factors. .
Mr. Cox returned to the podium and commented that the only issue of contention was the two
year versus the five years requested by the applicant. He asked the Commission's consideration
of that since it was very critical to the viability of the project, Mr. Cox requested a short time
at the end to respond to comments or questions raised during the public hearing.
Commissioner Ray asked if the agreement which had been made was dependent upon something
more than a two-year conditional use permit, or if everything basically hinged for financial
reasons on a five-year. Mr. Cox said he understood that the five years was a very key
component of the project, and the lease would be for five years.
.
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October 27,1993
The following were in opposition to the conditional use permit:
Paul Catanzaro, 372 Camino Elevado, Bonita 91910, the He~tfma.t.er of the Bonita Country
Day School, asked for denial of the application. He felt the issue was far more complex than
the question of the building's adequacy for a school. Bonita Country Day School would be
isolated on the second floor. Children of tWo different schools could cause problems; there was
no agreement between the two schools regarding subletting first-floor classroom space for
Country Day School; where did Bonita Country Day fit in-did they simply get displaced until
the end of their lease; safety; noise. Mr. Caran7.af'O questioned Covenant Christian School's true
intentions--would they get a conditional use permit only to get into the building and squeeze
Bonita Country Day out? Mr. Catanzaro also wanted open dialog between the two schools in
order to work together for the benefit of all parties. They were concerned with the children's
safety, noise, security, parking, and traffic, which would affect the quality of education
presented by both schools. Mr. Catanzaro also stated that the property was in foreclosure, and
wondered how Covenant Christian School could feel secure making a commitment to a landlord
who could not guarantee performance of his end of the lease until he regained full title of the
property .
LaVonne Cashman, 669 Rue Pare, CV 91913, was concerned with traffic and safety problems,
insufficient parking, uncontrolled Fenton/Lane intersection, children crossing street where there
was no stop sign, high speed of traffic. She urged a study of the intersection before making a
final decision.
Genevieve Brody, 1041 Paseo Del Norte, CV 91910, a senior at Bonita Country Day, said the
school was like a small family; they could depend of staff and students; had their own identity
as a safe and drug-free environment without outside pressures. She felt that allowing 200
students to occupy the same building would destroy the structure of their environment and would
cause conflict of authority and confusion of discipline.
Richard Chavez, S646 Pray St., Bonita 91910, spoke against the conditional use permit. He
had experienced attending a shared facility with another school. There was conflict among the
students. It was always "us" and "them". Two schools in the same facility was bad planning.
Shirley Casper, 3921 Long Canyon Dr., Bonita 91912, said her child, who had a learning
disability, had been a student at Bonita Country Day School. The neurological pediatrician who
dealt with learning disabilities had told them he should go to school in a very smal1 environment
with people who were trained to work with this type of children. Atten<lAnr-" at the Bonita
Country Day School was an extremely successful experience for them, and her son had been
able to mainstream in high school. She praised the school for the quiet, loving atmosphere, and
marvelous individual attention he has received there.
Suzanne Catanzaro, 372 Camino Elevado, Bonita 91902, the Director of Curriculum at Bonita
Country Day School, said it was a two-story building built to a B-2 code with very little grass
around the building. Bonita Country Day occupied approximately 8,000 sq. ft. which only
PC Minutes
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October 27. 1993
allowed for 70 students. The classes were very small by school standards; a little over 30% of
the students were learning disabled and required very small classes, a quiet environment, and
as little distraction as possible. The proposed use would greatly disrupt the quiet environment
and would infringe upon their unique community, Mrs. Catanzaro stressed the efforts of the
Country Day School administration to keep Scobee Park open space and buildings clean; she felt
the use of Scobee Park by Covenant Christian School would jeopardize their continued use of
Scobee Park. Scobee Park was not designed to be used as a school playground; the increase in
students almost precluded broken sprinkler heads and damage by foot traffic to lawns and a
tremendous increase in garbage. Bonita Country Day School had random mAndatOry drug
testing, and was concerned about their maintenance of a drug-free environment with the addition
of students. A second, different school in the facility would hamper the continuation of their
program. She asked rejection the application of Covenant Christian School for a high-density
use in the facility. There were many other types of uses that would be much more compatible.
Commissioner Fuller asked Mrs. Catanzaro if she was aware as pan of the staff that the owner
of the building was not going to renew their lease, and that they would only be there eight more
months with possibly six months with the other school. They would be disp1aced regardless of
whether the other school was there.
Mrs. Catanzaro responded that on August 25, the owner of the building asked them to lease the
entire building. His change of interest in Bonita Country Day leasing space in the building had
been fairly recent, and had not been known to them.
Commissioner Fuller said it was obvious that the owner of the building for economic reasons
wished to lease the entire building, or at least a larger portion of the building that what was been
currently occupied. Answering Commissioner Fuller, Mrs. Catanzaro said they had been in that
location for three years and in a commercial building on Bonita Road .prior to that.
Commissioner Salas concluded that if they would allow Bonita Country Day School was allowed
to extend their lease, they would not be willing to be in the same building with Covenant
Christian School. Mrs. Catanzaro said the proposal would greatly hinder the continuation of
their programs as they were. The HeAclmAoter had said he would be happy to work with the
other school to see if they could make some arrangements so that both schools could exist in the
building. They were aware that the owner of the building was desperate to lease space. Bonita
Country Day's preference would be that it actually followed its original use as an office
building. Because of the smallness of their classes and the way their particular school operated,
they would function better in an office-type situation.
Commissioner Salas asked if the decision not to renew the Bonita Country Day lease was
because of their objection to share the building heeln... of their differences philosophically.
Mrs. Catanzaro said there was a suggested threat presented to them in a memorandum after they
had met with the owner of the building and representatives of the Covenant Christian School,
and they addressed the different points of objection that they had taken to the plAnning
PC Minutes
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October 27, 1993
Department. At the conclusion of the meeting, Mrs. Catanzaro had indicated that things were
not settled, but everyone agreed that the meeting had been successful because it had opened the
door for discussion. Short1y after that, the owner of the building had sent a letter to the
Planning Department saying all the issues had been cleared up at the meeting, and sent Bonita
Country Day School saying to agree to this, or else, which evidently indicated his interest in
perhaps discontinuing their relationship after the term of their lease. It was their intent to stay
in the building.
Commissioner Salas questioned Mr. Stephenson regarding his rationale for preferring that
Covenant Christian have a five year lease versus two year, He had stated his experience with
Bonita Country Day School was such that he was sure there would be no objection from the
other owners of the park that there be a school there for that length of time, She wondered if
they were good clients, why they weren't willing to extend the lease? She felt it was
discriminatory. Mr. Stephenson said he was not the building owner and represented the
development company and Scobee Park. He could not respond to it.
Chairman Martin if the 20 sq. ft. per student was a regulation. Ms. Katanzaro replied that she
was given the information by the Building Department.
Mary Ella Fetzer, 1041 Paseo Del Norte, CV 91910, a retired school teacher, believed two
schools with two philosophies, different rules, different beliefs, different regulations, different
identities could not operate out of the same facility and still maintain their own autonomy; not
standard practice; would cause confusion to parents and students; quality of education; safety
of children. Opposed - not a good use.
George Kost, 3609 Belle Bonnie Brae Rd., Bonita 91902-2703, a member of Bonita Country
Day School Board, said Bonita Country Day School had no drug problem, no drop-out problem,
graduate all their students; 97% go to college; no gang activity; mixed type of school but have
a ratio of 1 teacher to 7 students; School is unique; builder has financial problem, but the
Commission should concentrate on what would be good for the students in the building today
and the School's previous success. Economic problems not unique to property owner; chance
for expansion and possible use of land close to the School in lieu of the Scobee Park for
JeCreation, since it may be years before the industtial park is built out. Regarding to two years
versus five years, Mr. Kost thought five years were reasonable. He was concerned about the
eight months Bonita Country Day School would be enduring students from a school that may
have a different philosophy. The students would cause the problems, and Mr. Kost felt the
problems would be against Bonita Country Day School.
Nancy Matson, 1072 Surrey Drive, Bonita 91902, spoke to the concern of the planning
Commission about the use of the area for a school. Because Country Day School was so small,
it did not impact the area of small manufacturing companies. Both schools had loyal students
and there would be rivalry.
PC Minutes
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October 27, 1993
Scott A. Moomjian, 4933 Chaparral Way, SD 92115, Social Studies Teacher at Bonita
Country Day School, discussed student density and environment, building not design to
accommodate the number of students a new school would bring, interference of new students
with learning environment, noise inside the building and from the parking lot area, cleanliness,
decrease in quality of building with increase of quantity of pollution produced by another school
on the premises. Mr. Moomjian asked that the p)annil1g Commission reject Covenant
Christian's application to move into 2400 Fenton St.
Felix Valdez, 3196 Oominito Quixote, SD 92154, student at Bonita Country Day School, said
more students would be confusing and would ta1ce away from the education of the existing
students .
Walter Padelford, 1963 Rue Michelle, Bonita 91902, James Pericomb, Sr., 205 Camino del
Cerro Dr., and Del Vogel, 785 Mission Avenue, CV 91910, had filled out speaker slips in
opposition, but were not present when called.
Chairman Martin called Mr. Cox back to the podium for the remaining time he had requested.
Greg Cox said the issue before the Planning Commission was whether it was a legitimate use
for that particular building. Based upon the fact that it had been a school in the past, this would
also be an acceptable use. The issues which had been raised were landlord/tenant-related issues.
Staff' did nOI feel there was a concern about traffic, had attached the appropriate conditions
regarding the recreation space; Eas\Lake Development had no problem with the five-year
timeframe, and had not had problems with Bonita Country Day utilizing the existing park.
Refening to the statement that the property was in foreclosure, Mr. Cox did not have that
information, but believed there was a potential with Covenant Christian School to occupy the
first floor with the intent to ultimately occupy the entire building when available. He added that
he thought Bonita Country Day School had an excellent program, but their lease would expire
and there was a desire on the part of the property owner to lease the entire building. He felt
the concerns would be present on any other land use.
Commissioner Fuller asked Mr. Dunfee, the property owner, in light of the issues raised that
were landlord/tenant issues, if he had considered waiting until the current lease had expired and
then going before the Commission with a clean slate, showing that the building had previously
been used as a school, rather than ma!cil1g the Commission feel they had to make a judgment
placing two educational facilities in the same building.
Mr. Cox stated there would be a need for both parties, if the Commission approved the
conditional use permit, to meet and work out some of the operational details. He believed they
were solvable details, as long as both parties were willing to do so.
Chairman Martin asked where the Covenant Christian School was presently located and who
would be moving in there? Mr, Cox replied that they had outgrown that facility and would be
moving, for the fllSt six months, the K-6 operations.
PC Minutes
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October 27, 1993
The followinl! did not SDeak. but wished to rel!ister their oDDOsition. No addresses were I!iven.
Esther Dunn, Naomi Hoffman, Christine S. Beeker, Pauline Haltmeyer, Karen Catanzaro,
Walter Burrola, Waldo Bond, Bariska Burrola, Burleigh N. Kroener, Humberto Rodriquez,
Beverly Meester, William Meester, Martha Klein, Luna Cohen, Paul Cashman, Margaret Block,
Mimi Alfonso, Fernando Alfonso, Ed Preble, Stella Preble, Todd Preble, Ron Schuler, Lonera
Hannig, Johann Casas, Socorro Barreras, Oscar Costello, Allan McCloud, Barbara McCloud,
Cathy Stroud, Kenneth Stroud, Tony Starks, Barbara Starks, Sukumer Boyd, Sbarta Boyd, Doug
Pilliang, Gayle C. Caliges, Mary L. Hiatt, Maria Zacorozay, Lili Lopez
No one else wishing to speak, the public bearing was closed.
Commissioner Ray said Bonita Country Day was granted a one year administrative conditional
use permit, and it was extended by two years. Since there was an existing 'conditional use
permit, if a five-year permit were granted, would it be in effect until1995?
Principal Planner Griffm confirmed that the conditional use permit ran with the land, but the
parameters of the use had to remain the same. Tbe Bonita Country Day application was
approved with a maximum of 70 students, it was based on a certain schedule, and agreements
regarding Scobee Park. If another different application came in, that raised other issues, and
would have a minimum need to modify a conditional use permit if it was by the same applicant,
or require a new conditional use permit if it was a new applicant.
Commissioner Tuebscher said the issue was land use and the only comments relevant were land-
use-oriented comments. It was unfortunate that some of the communication and venting did not
happen before it went before the Planning Commission. He was certain staff had tried to pull
the parties together to work through some of those issues. Testimony bad shown that a school
was appropriate, and the question was size and the impact on the area.
MS (TuchscherlFuller) to adopt a resolution approving a conditional use permit on the
property for a five-year term.
Commissioner Ray asked that condition no. 1 be revised to show a five-year period instead of
two years, subject to periodic review.
The maker of the motion concurred and said be would modify the motion.
REVISED MOTION
To adopt a resolution approving a conditional use permit on the property for a five-year
term, subject to periodic review,
.
.
PC Minutes
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October 27, 1993
Commissioner Salas did not agree with extending the term to five years because of unknown
needs in the future, and the potential objection of a school site being there. . She agreed with the
initial staff recommendation of two years.
Commissioner Tuehscher said that the bio-tech zone was in its infancy. It was hopeful that it
would be successful in attracting some jobs and good companies to the area, but it was an
unknown. The Economic Development Commission had recently completed a market study
which demonstrated that they estimated only 7 acres of industrial land per year would be
absorbed in Chula Vista in the next several years. He felt EastLake Business Center might
attract some of that, but they had roughly 35 acres of vacant land which was finished, plus other
industrial land not yet graded. Mr. Tuehscher felt comfortable that for the next five years there
would not be any major conflict in the area.
Commissioner Salas objected also to the five years because the agreement between Mark Dolan
and Curt Stephenson in terms of the EastLake Business Center Owners Association was for two
years to meet certain conditions. While Mr. Stephenson said he would probably get a positive
response from the other tenants of the park, that was not a certainty.
Commissioner Fuller said she agreed with Commissioner Tuehscher that because of the
economic outlook of the EastLake Business Park and that there were no other buildings
constructed around the school, the five-year term made it more economically feasible, the
agreement regarding Scobee Park could be reconsidered to be extended to five years, she would
be willing to accept it. In answer to a comment in one of the leners received, Commissioner
Fuller noted that in some areas, the City was planning community facility districts where
facilities could be located, provided they build their own facility or have someone build it for
them.
Commissioner Tuchseher stated that the conditional use permit was predicated upon providing
access to Scobee Park. If the tenants did not give an extension to the two-year concession they
had already provided, the conditional use permit would then be in violation.
Assistant City Attorney Rudolf replied that there was no specific requirement in the conditions
that there be, prior to occupancy or during the entire occupancy, whether two years or five
years, obtaining and maintaining adequate, suitable outdoor recreational and physical education
facilities for the students.
Commissioner Ray asked if the maker of the motion would like to add a condition stating that
it should be predicated on obtaining an agreement with the EastLake Business Center for use of
Scobee Park to nm concurrent with the lease and/or development of their own physical .
educational facilities.
The maker of the motion asked Commissioner Salas if that satisfied her; upon her negative
answer, Commissioner Tuehscher noted that the original motion stood.
PC Minutes
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October 27, 1993
Commissioner Moot concurred with Commissioner Salas that staff's input into a two-year
conditional use permit was appropriate. He did not feel it was an appropriate place for a school,
and believed it was borne out by the disagreements between the two schools and the arguments
they make about why their school should be there but the other school shouldn't. It was planned
as a light industrial area; the park and the fac.ilities were designed for that and were not designed
for a school; there was not parking designed for a school; the streets were not configured for
a school; he thought as a temporary solution the two-year conditional use permit was probably
appropriate, but the sooner schools were taken out of the area the better.
Commissioner Ray responded that there was also a responsibility to help the City's fiscal
outlook; the Chairman of the Economic Development Commission had discussed the potential
build-outs; the economics outweighed the problems, which Mr. Ray believed could be worked
out. Fiscally, the applicant could not occupy the facility with only a two-year usage. He would
vote for the conditional use permit.
Commissioner Moot indicated that in two years, he may vote for the renewal of the conditional
use. He thought the City's logic from a land use planning point of view was solid. If that
presented problems, that was a landlord-tenant issue.
Commissioner Tarantino was frostrated because the Commission had a very narrow purview.
He commended everyone for attending and making their feelings known to the Commission, but
it did not enter into the scope of the Planning Commission's decision.
Chairman Martin applauded the young people for attending; he was proud of the teachers; both
schools were outstanding.
VOTE:
5-2 (Commi<<sioners Salas and Moot against)
At Commissioner Ray's request, Assistant City Attorney Rudolf confmned that the verbiage of
Item 1 on page 2-6 to read: "The permit is approved for a period offive years unJil October 27,
1998, and subject to periodic review. "
Mr. Rudolf also confmned that the front page, Item No. I, of the resolution would read:
"reconsideration infive years to determine if the ~lopmenl of the surrounding area..." giving
a specific date.