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HomeMy WebLinkAboutPlanning Comm Rpts. /2005/06/22 REVISED AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, June 22,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Cortes_ Felber_ O'Neill_ Horn _ Madrid_ Hall_ TrilP_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: May 25, 2005 INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCC 05-31; Consideration to modify an existing Conditional Use permit for a parochial school to: 1) reflect the proposed construction of a new building for an administration office, two classrooms and a multipurpose room; 2) consider operational requirements for the school; and 3) to allow two modular trailers for use as a temporary administration and construction office. The property is located at 482 L Street in the R-3-P14 Zone. Applicant: Southwestern Christian School. Project Manager: Michael Walker, Associate Planner Planning Commission - 2 - June 22, 2005 2. PUBLIC HEARING: PCM 05-11; Consideration of a proposal to modify the PUD Regulations originally approved by Resolution PCM 72-23, to allow all single-family residences within the EI Rancho Del Rey Area Unit 1 neighborhood to have a second story. This area is located in the Planned Community Single Family Residential (PC-R1) Zone, with a General Plan land Use Designation of Residential low Medium. Staff recommends that the public hearing be opened and continued to the July 27, 2005 Planning Commission meeting. DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585- 5647. California Relay Service is also available for the hearing impaired. MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, May 25, 2005 Council Chambers Public Services Building 275 Fourth Avenue, Chula Vista ROLL CALLI MOTIONS TO EXCUSE: Present: Absent: Cortes, Felber, Hom, Tripp O'Neill, Madrid, Hall Staff Present: Nancy Lytle, Assistant Planning Director John Schmitz, Principal Planner Lynette Tessitore-Lopez, Associate Planner Dave Hanson, Deputy City Attorney II MSC (Cortes/Hom) to excuse the Commissioner O'Neill, Madrid, and Hall. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Cortes. MSC (Hall/Felber) to approve minutes of February 9, 2005 as submitted. Motion carried. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 05-32; Conditional Use Permit, a request to allow an observation deck addition to a single family residence to exceed the 28 foot height limit of the Single Family Residential Zone (R-1). Applicant: Pamela Bensoussan. Cmr. Tripp stated for the record that he contacted the applicant and visited the site. Background: Lynette Lopez reported that the applicant is requesting a CUP to exceed the height limit of the R-1 zone in order to retain an existing observation deck with guardrails that extend 1 '9" above the 33' 7.5" high ridge line of the existing historic Greg Rogers home. The proposed CUP is the product of a Code Enforcement complaint filed on March 2, Planning Commission Minutes - 2 - May 25, 2005 2004 of building without a permit. The City has worked with the applicant to determine what processes would be necessary to remedy the situation that was created by a previous owner. The request for a CUP is to allow for an existing observation deck with guardrails that exceed the ridgeline of the existing historic structure by 1 '9". Using the Secretary of the Interior Standards for the Treatment of Historic Properties, staff evaluated the affect of the deck and guardrails on the historic structure, and based upon the Standards, determined that neither the deck nor guardrails affect the historic significance of the home. There is support both for and against this proposal. Those who oppose it feel that the deck is not consistent with the architecture of the home and detracts from its historic integrity, in addition to citing privacy impingement concerns. Those who support the proposal state that the deck is consistent with Craftsman architecture and that the deck is not aesthetically offensive to those who are most affected by it. Staff Recommendation: Based upon the findings of fact, that the Planning Commission approve this request to deviate from the height limit of the R-1, Single- Family Residential Zone with findings and conditions listed in the resolution. Commission Discussion: Cmr. Tripp asked for clarification as to whether this property is subject to a Mills Act contract and whether the contract would preclude or regulate additions to historic homes. Ms. Lopez responded that the Mills Act does not regulate additions, but it does incorporate the Secretary of Interior standards as part of the contract so that anything that is added on is consistent with those SOl standards. Public Hearing Opened: Pamela Bensoussan, applicant gave a chronology of the Greg Roger's house history and stated that the house was moved on to the site in 1985; the decks were added approximately two years later, and Ms. Bensoussan purchased the house in 1996. During the purchase process, she did her due diligence in researching the condition of the home and contacted the City to request that the home be inspected by a City official. The City official determined that there were no grave issues associated with the home. Ms. Bensoussan decided to proceed with the purchase of the house. It was not until recently, as a result of the complaint that was filed, that she was informed that she was responsible for bring into compliance those issues that were non-conforming. Planning Commission Minutes - 3 - May 25, 2005 Ms. Bensoussan reiterated that the decks do not violate the spirit of the Mills Act nor the Department of Interior standards. Cmr. Hom pointed out that he remembered a similar proposal that caused much opposition from residents in this same neighborhood. Mr. Bustamante, wanting to make improvements to his home by adding multiple stories was requesting a variance to allow him to exceed the height limits for that zone; his request was ultimately denied. Cmr. Hom asked the applicant for her rationale as to why her request would be any different from Mr. Bustamante's proposal. Ms. Bensoussan pointed out that the Greg Roger's house was saved by the City of Chula Vista and is its Historic Site #1. More importantly, it has an enormous setback and the house sits back 300 feet from the street. Mr. Bustamante's proposal was to construct a new three-story house with only a 40-foot setback from the street and would tower next to the two houses on either side. The whole neighborhood of historic homeowners felt that the proposal was out of scale in mass and height to the historic neighborhood. Georgie Stillman, 580 Twin Oaks Avenue stated that in her opinion the Greg Roger's house is charming and a landmark in the community. She further stated that, in her opinion, the opposition is based on a neighborhood spat and the angry dissent of a few people, therefore, she urged the Commission to consider the professional opinion of staff and approve the request. Sandy Duncan, 262 Second Avenue stated that having been in the Greg Roger's house, Ms. Bensoussan has done an extraordinary job in restoring this historic home. She further mentioned that Victor and Jill Galvez contacted her and asked her to speak on their behalf in support of the proposal. She urged the Commission's approval. Susan Walter, 238 Second Avenue stated she too lives in a historic home built in the late 1800's that has undergone many remodels and additions. She further indicated that at no time while they were going through the Mills Act process to have the home designated as historical, was there ever any mention that she would be required to tear out any of the remodels that had been done prior to her purchasing the house. She believes that what is being required of Ms. Bensoussan is unfair and urged the Commission to uphold staffs recommendation to approve the CUP. Nancy Parks, 124 Hilltop Dr. stated she lives in the Leo Christi home, which is a historic home that has remained in the family since the original owners. Additionally, she owns 228 I Street, which is the most impacted by the Greg Roger's house decks and they have never found it to be an intrusion on their privacy. She further indicated that a major concern of hers and other historic homeowners is that they may be Planning Commission Minutes - 4 - May 25, 2005 required to correct changes that are made to historic homes because they don't meet today's standards in the building code. She cautioned those in positions of authority and the Planning Commission that if this is the direction the City is moving towards; the historic homes program in Chula Vista may come to an end. Joseph Bustamante, 626 Second Avenue, stated his reasons for opposing the proposal are: . It exceeds the 28 foot height regulation . Both decks impinges on his privacy, although he recognizes that the first deck is original and critical to the design of the house, but the second deck is not Ms. Bensoussan mentioned that approximately 7 or 8 changes have been made to the house and its still considered a historical home, therefore, in his opinion, you can make changes to comply with the code and still be able to remain a historical home. With respect to his own proposal, he agreed to reduce the roofline at great expense, all because a group of residents opposed his proposal. In this proposal there are some of us who don't desire the second deck; its not historical, not original, and in fairness it should not be allowed. Public Hearing Closed. Dave Hanson, Deputy City Attorney II reminded the Commission that this is a hearing on a land use entitlement and there are findings (four of them) as stated in the staff report that need to be made in order to grant this CUP. Some of the issues that have been raised both for and against the proposal, although they have merit, are not to weigh on the Commissions decision aside from making the necessary findings. Cmr. Tripp inquired why this is a Conditional Use Permit and not a Variance. Mr. Hanson responded that this is a very valid question and to simplify a complex question, it had to do with being able to address the issue of homes being built too large and the City Council decided to put a cap on height limits, but didn't want it to be too restrictive. A variance, by nature, has very strict guidelines that need to be met in order to grant it. It was Council's desire to have some other entitlement process that was more flexible and gave the decision-making body a little bit more discretion to allow a height limit to exceed the cap. Cmr. Tripp stated that based on staffs review of the proposal and findings made by environmental staff, which regulates historic structures, as well as the property owner's efforts to mitigate the situation by removal of the elevator tower, he believes the Planning Commission Minutes - 5 - May 25, 2005 findings can be made and will support the proposal. MSC (Cortes/Horn) (4-0-3-0) based upon the findings of fact, that the Planning Commission approve this request to deviate from the height limit of the R-1, Single-Family Residential Zone with findings and conditions listed in the resolution. Motion carried. Director's Report: Nancy Lytle, Assistant Planning Director reported the City Council approved the extension of the urgency moratorium on check cashing establishments, which was initiated by the Planning Commission and the City Council thanked the Commission for spearheading this effort. Ms. Lytle also stated that staff is working on having a Planning Commission workshop on condo conversions. ADJOURNMENT to a regular Planning Commission meeting on June 8, 2005. Diana Vargas, Secretary to the Planning Commission PLANNING COMMISSION AGENDA STATEMENT Item : I Meeting Date: 6/22/05 ITEM TITLE: Public Hearing: Consideration of PCC-OS-031 modifying an existing Conditional Use Pennit for a parochial school to: 1) reflect the proposed construction of a new building for an administration office, two classrooms and a multipurpose room; 2) consider operational requirements for the school; and 3) to allow two modular trailers for use as temporary administration and construction offices. The property is located at 482 L Street in the R-3-P14 zone. The applicant, Southwestern Christian School, has submitted an application for a conditional use pennit to upgrade the existing school facility by removing the old administration building and replacing it with a new building. The conditional use pennit will also establish operational requirements for the school. The application has been amended to allow temporary use oftrailers for offices during the construction period. The project is located at 482 'L' Street (See Locator Map, Attachment 1). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has detennined that the proposed project qualifies as a Class 1 category exemption (existing facilities) pursuant to Section 15301 ofthe CEQA Guidelines. No further environmental review is necessary. RECOMMENDATION: That the Planning Commission adopt Resolution PCC-OS-031 approving the application subject to conditions contained therein. DISCUSSION: 1. Background The project was originally scheduled for consideration by the Zoning Administrator on April 6th. During the public noticing period, a neighbor, concerned about the project, contacted staff requesting that the Zoning Administrator not make a decision because the neighbors have concerns that need to be addressed. Staff had also received a signed petition from several neighbors opposing the project (see Petition, Attachment 2). The key issues stated on the petition include: · The two-story building will allow occupants to look into backyards invading the neighbor's pnvacy. · The school is not in compliance with a previous court sanctioned settlement agreement Page No.2, Item: Meetin2 Date: 6/22/05 between the Church/School and adjacent property owners, which prohibits the school from using the south parking lot for recreation activities (briefly described below). · Sports equipment and other debris land in neighbors' backyards. · Students sit on the back wall taunting dogs and breaking tree branches. The primary issue, from the list above, that the neighbors have is the school's non-compliance with a 1984 settlement agreement, which establishes a condition that the school must comply with; in particular, the use of the south parking lot (see Stipulation and Order, Attachment 3). While the Planning Commission can consider the circumstances the led to and purpose for entering into the settlement agreement, the agreement itself and the court's order ratifying it do not bind the Commission in any way. The Commission is free to choose more restrictive conditions than those contained in the settlement agreement, or more lax.. Put another way, a breach ofthe settlement agreement is a civil matter, therefore enforcement and compliance with the court's order is the responsibility ofthe parties to the agreement, not the City. In an attempt to resolve the issues without going to a public hearing, the Zoning Administrator held a public meeting on May 23Td to hear the neighbor's concerns, and to allow school representatives to propose possible solutions in an effort to minimize or alleviate the neighbor's concerns. During the meeting, it became clear that the solutions offered were not acceptable to the neighbors (see Table 3), because the neighbors believe that the school has not been complying with a 1984 court order, which states that the" ... designated parking lot shall be used solely for parking, normal church functions and occasional school functions. " After hearing the issues and realizing that the school's proposed solutions were not enough to resolve them, the Zoning Administrator concluded that the Planning Commission would be the appropriate hearing body to decide on the conditional use pennit application because any decision by the Zoning Administrator would likely be appealed. 2. Project Site Setting The site is situated in and area that is predominately a single-family neighborhood. The other uses are non-residential, which include Chula Vista High School to the north and a church east of the site (see Locator Map, Attachment 1). The current uses adjacent to the project site are listed below. 3. General Plan Land Use and Zoning General Plan Zoning Current Land Use Site: North: South: East: West: Medium Residential Low Medium Low Medium Medium Residential Low Medium R3P14 R-l R-l R3P14 R-l Southwestern Christian School Chula Vista High School Single-Family Dwellings Church Single-Family Dwellings Page No.3, Item: Meeting Date: 6/22/05 4. Project Description The request is a modification of an existing conditional use pennit to allow the replacement of an existing administration building with a new two-story building to accommodate administration offices, two new classrooms, and auxiliary floor space. The use pennit is also for consideration of operational requirements including the school's desire to use of the south parking lot area for physical education classes. The request is also for two modular trailers that will be used as temporary offices for administration during construction. The applicant has also submitted an application for Design Review, which will be considered by the Zoning Administrator following the Planning Commission's decision. 5. Project Data Table 1: Project Data Table Assessor's Parcel Number: 618-072-37-00 Current Zoning: R3P14 (Medium Residential, Precise Plan, 14 du/ac Land Use Designation: Medium High Residential Lot Area: 1.34 acres REQUIRED: PROVIDED: Parking: Standard: 39 1 space/teacher or employee + 5 additional spaces Disabled: I Total required: 35 spaces Total: 40 Lot Coverage: 50 percent 13 percent Setback: Front: 15 feet 34 ft. Comer: 10 feet >100 ft. Side: 5 feet 8 ft. Rear: 15 feet >100 ft. Building Height: 28 feet or 2.5-stories 26.5 ft. 6. Staff Analysis The new two-story 4,450 square foot building will replace the existing single-story, 1,950 square foot administration building resulting in a net increase of 2,455 square feet of floor space. The building will provide classroom space and floor space for administrative offices, a workroom and a multi-purpose room. The new building will be located in front of the existing two-story classroom building, which will screen it from the neighbors south of the school. Although the new building will be seen by the neighbors to the west, it will be located approximately 90 feet away from those neighbors, which would lessen its visual presence. The school does not propose to increase its current enrollment of 250 students in accordance with a previously approved Conditional Use Pennit PCC-83-3 (see Attachment 6). The new Page No.4, Item: Meetin~ Date: 6/22/05 classrooms are intended to alleviate the schools existing overcrowded classrooms. The school has been using the south parking lot for physical education classes for sometime, but the current school administration stated that it was unaware of the court order and has not received complaints from the neighbors for the past two years. However, the school is now abiding by the 1984 court order. The school provided staff with a physical education schedule that outlines the activities held on the south parking lot. The schedule was distributed at the May 23rd public meeting (see Attachment 4). Table 2 below summarizes the schedule: Table 2: Physical Education Schedule September - October: 8 classes @ 30 minutes Stretching, running and baseball each November - December: 2.5 - 4 hours/week January - February: 8 classes @ 30 minutes each March - April: 2.5 - 4 hours/week May - June: 2.5 - 4 hours/week Stretching and running Stretching, running and volleyball Stretching and running Stretching and running A key point in the court order is the stipulation that the south parking lot shall only be used for "occasional school functions". In an attempt to satisfy the neighbors, the school is offering the following solutions: · Install temporary netting above the 6- foot high wall to prevent obj ects from getting into the neighbor's backyards when the activities involve sports equipment · Plant trees that would grow tall enough to provide a permanent buffer along the south and west walls; and · Increase supervision in the south parking lot area by assigning additional school staff The Table 3 below summarizes the neighborhood issue, the school's proposals to address the issues and staff's recommendations. Page No.5, Item: Meetin2 Date: 6/22/05 Table 3: Issues, Proposals & Recommendations Neighborhood Issues The two-story building will invade the neighbor's privacy. School's Proposals The proposed building will be screened from the neighbors to the south by the existing two- story classroom building. The school is not in compliance with Reduce the number and hours of a 1984 court order (see Attachment physical education classes per 2). day. Sports equipment and other debris land in neighbors' backyards. Students sit on the back wall taunting dogs and breaking tree branches. · Install temporary netting above the 6- foot high wall · Plant trees that would grow tall enough to provide a buffer along the south and west walls Increase supervision in the south parking lot area by assigning additional school staff any time kids are outside. City Staff Recommendations The proposed building is approximately 90 feet from the properties west of the school. The existing classroom building is closer to these properties. Staff is of the opinion that the new building's visual presence and invasion of privacy is reduced; therefore staff has no recommendation. The prohibitive use of the parking lot was established by a court order, which is a civil matter. Staff has no recommendation. The prohibitive use of the parking lot was established by a court order, which is a civil matter. Staff has no recommendation. Staff recommends that increased supervIsIon be provided anywhere students are outside, that the school meet periodically with neighbors on Issues that anse. The Zoning Administrator was ready to approve the conditional use pennit, but neighborhood concerns are significant enough to warrant a public hearing by the Planning Commission. The school placed two trailers on the property behind the existing classroom building; one will be used as a temporary administration office and the other for a construction office. Although an electrical pennit was issued for the trailers, they were placed on the property prior the project's approval. Staff brought this to the attention of the applicant, who subsequently amended their application to include the trailers as temporary uses until the new building is competed and ready for occupancy. A condition has been included in the Planning Commission Resolution that requires the school to remove the trailers within 30 days following the final building inspection. Page No.6, Item: Meeting Date: 6/22/05 Conclusion Based on the preceding infonnation, staff is of the opinion that the new building will not intensify the existing school operation because it is a replacement structure, and no increase in enrollment is proposed. The court order legally binds the school and neighbors, which is a civil issue, therefore the City should remain neutral on this issue. Staff recommends that the Planning Commission approve the project based on the finding and subject to the conditions listed in the attached Planning Commission Resolution. Attachments: 1. Locator Map 2. Letter/Petition 3. 1984 Court Order 4. Physical Education Schedule 5. PC Resolution PCC-05-031 6. Copies of PCC-94-0 1 and PCC-83-03 Approvals 7. Disclosure Statement ATTACHMENT 1 (Locator Map) Chula Vista H ig h School ~( ~\ ~ ~ z ~ Boy's & Girl's Club CHULA VISTA PLANNING LOCATOR C) S~E No Scale AND BUILDING DEPARTMENT PROJECT Southwestern Christian APPLICANT: School PROJECT ADDRESS: 482 L Street PROJECT DESCRIPTION: CONDITIONAL-USE PERMIT Request: Proposing CUP to remove existing 1950sq ft. administrative office to add a new 4405sq ft. Two story office/classroom NORTH FILE NUMBER: PCC-05-031 Related cases: DRC-05-35 J:\planning\carlos\locators\pcc05031.cdr 06.15.05 ATTACHMENT 2 (Letter/Petition) Monday, April 04, 2005 6:44 PM Peggy Hupp 6195858520 p02 29 March 2005 r~~-~-;--;.~ ~~ -!! "~-::~~<i ' ..) .:-:1 '"J' ",. U *, '. i' \ I. j I, ; ..3.._____,'____', i', i ~ J..' i I I:; : , i: ' APR 4 2005 : ; I.Ji! I"j \.. i ._.J , I i I L.__._,._. -,_--i t PI i\ ,J',,:j~ 't] L-__~___ -1 Michael W. Walker, Project Planner Planning Dep.\rlmenl Puhlic Service l3uilding, Chu]a Vista Civic Center 276 Fourth A venue Chula Vista, Califhrnia RE: C'l~C;: If ORC-05-35 & PCC-05-031 Dear Mr. Walker: We strongly object to the proposed building at the Southwestern Christian School located at. 482 L Street. When pennission WU8 brjv~J1 to a.llow the building of the two-story closs room on the site, we were promised that no more additions would be built and only 250 students would ever be on campus. A box of apples did not appease liS. This proposal will allow the occupants to look directly into our back yards and pools, leI-wing liB nO privacy. The windows of the two-story classrooms already look down in{o our yards and some of the windows are hghted al: night. Our backyard.. arc recipients of sports equipment and other debris which fouts-up our pool equipment and could injure small children playing in our backyard". The residents on the Fifth Avenue orW~!>t ~lde of the proposed addition are already in jeopardy as the block wall is low. The students sit on their back wall, taunt the dogs, break branches off thc trees, throw play equipmen.t and trash into the yards and have cven hroken a window with a thrown ball at 919 Fillh Avenuc. The taunting of the dogs causes the other neighborhood dogs to become agitated and bark, adding 1.0 the noise. The increased traffic and the resultant llo.ise wil1 also he an annoyancc. 'fhe increased traffic on Fifth A venue and T, Street has already limited parking space. On ol:ca$ions when activities arc scheduled at the school or the church, all of our on-!;trccr parking spaces on lijfth, L and Westby are taken, leaving us to park elsewherc. We have /(,ur schools, a community center and three churches in our immediate area-- one of these is located in a single-family residence. Pan~Jlts, driving WC$t on L Street, bringing their children to the $choollocated at 482 L Street are making dangerous left-hand turns in lhe middlc of the 400 block of L during morning rush hour traffic. Aftt:r dropping-off the students, they are, again entering rapid moving trafflC in the middle of the 400 block ofL Street. The addition of the pmposed building would seriously devaluate our properLies. Our views have alrt:ady been compl'Oluiscd and the afore mentioned complaints have a/rcady ,., / /~/ .) Monday, April 04, 20056:44 PM ...._.Peggy Hupp 6195858520 P 03 taken thcir toll on our property values. Ifthe s()utht:n1 an:a oftht:: property has been designated for parking, thcn why is the western part of this area chained-off and a basketball standard installed in this area? The school, at present, has no grass area 1'01' playground so why cover lllOTe oftheir limited areas with buildings? If the City ofChula Vista deems this proposal viable, then we $halJ insist upon a ten foot high (measured from the schooVdlUrch property) reinforced block wall the 1cngth of I.he cnrirc property on the West and South sides of the emjre propenyand not the stepped up and down fence which now exists. Thcre should also he no windows on the South side of the building. Sincerely, (// .:X (0 /) //../ t" /1 ( I) The residents or Westby Street and Fifth Avenue .,:~ 1/' T Monday, April 04, 2005 644 PM Peggy Hupp 6195858520 p04 PETITION AGAINST Proposed Building at 482 J, Street City of Chula Vista, California t; 'I ..1 'I . . March ~a" 2005 We, t.he undersigned owners of pm party abutting or adjacent to 482 L Stre~t on Fifth Avenue and Westby Street do hereby petition the City ofChula Vista to deny the proposed building at this site. (Case number: DRC-05-35&PCC-05-031). Owners Sie:n'!ture Name (please print) Address ,_1. <i.:; ., . -' .. ( i.,. .~. \ i. 'I '.. . ,.. " ) t' . ',_.,.. .: . \ '/~/t \;' ~.( .... ~ -1i 1., f ~ ~I ' , t" ", '. :.j 'j i..j.. ~ ': .:,.,' , , ,.;( , I \,' , ,'! , . .,. , . ~ ~/1 -.... , .< '(.- '. :. . '-i- .1.''/ .. , /;1 (2.<1.../ ..' ,.) ..<2-.",,::...~!__a_, "'-'it .~}....;L~_ 4-53 f<-JESIB ~ (I S'.3' VE.s'j 61 I SJ".~ :>-l- Filed this ........ day of .__ . ' 20 __' ----.-.,.... City Clerk ,-', , i-f' ') PETITION AGAINST Proposed Building at 482 L Street City of Chula Vista, California .:11;;:4 . J-. ,u~ March ~ 2005 We, the undersigned owners of property abutting or adjacent to 482 L Street on Fifth Avenue and Westby Street do hereby petition the City ofChula Vista to deny the proposed building at this site. (Case number: DRC-05-35&PCC-05-031). Owners Sie:nature Name (please print) Address ~ Filed this _ day of ,20_. City Clerk ..., "\ ~) ~ :; v,. _ ATTACHMENT 3 (1984 Court Order) Peggy :-1UPP 6195858520 pC:: Tuesday, April C5, 20C5 909 AM 9 10 11 12 13 14 15 16 I 17 18 19 20 21 CLiENT'S COFI (' hQAJy. \J'\} __Go ~ 2 3 WILLIAM McCURlNE, JR. GRA Y, CARY, AMES 6. FRYE 4 1700 First Interstate Plaza San Diego, CA 92101-4219 5 (619) 699-2728 6 7 Attorneys for Defendants 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO PEGGY L. HUPP, LYDIA CODERRE, EDWARD ALVARADO and AUDREY ALVARADO, husband and wife, Plaint,iffs, ) ) } ) } ) ) ) } ) ) } ) ) r ) } } - - CASE NO. 530917 STIPULATION AND ORDER VS. SAN DIEGO CHRISTIAN FOUNDATION, a california corporation, SOUTHWESTERN CHRISTIAN SCHOOLS, a California corporation, CHULA VISTA CHURCH OF CRHIST, a California corporation, and DOES I through L, inclusive, ___""pgfendants. 22 Each plaintiff herein freely and voluntarily enters 23 into this Stipulation by and through Joseph J. Barr, Jr., Esq. " 24 their attorney of record, and have empowered and authorized him 25 to enter into this Stipulation on their behalf. Defendants SAN 26 DIEGO CHRISTIAN FOUNDATION (hereinafter "FOUNDATION"), 27 SOUTHWESTERN CHRISTIAN SCHOOLS (hereinafter "SCHOOLS") and 28 CHULA VISTA CHURCH OF CHRIST (hereinafter "CHURCH") herein I -1- 12/18/84:063 7985H Thursday, April 07, 2005 1223 PM Peggy Hupp 6195858520 p 02 1 2 3 frGGly and volwltarily enter into this Stipulation by and 4 through Gray, Cary, Ames & Frye, their attorneys of record, and 5 have empowered and authorized them to enter into this 6 Stipulation on their behalf. 7 The CHURCH's property is commonly known as 470 L 8 Street. Chula Vista aDd more particularly described in that 9 certain Grant Deed No. 79-319000, a copy of which is attachgd 10 hereto as Exhibit "A" and incorporated herein by reference. 11 The parties stipulate as follows: 12 1 , Within fourteen (14) days after approval by 13 the Chula Vista Planning Commission (hereinafter "Commission") 14 of Defendants' Amended Master Plan (hereinafter "Plan"), a copy 15 of which is attached hereto as Exhibit "B" and incorpol:"ated 16 herein by reference, defendants will relocate SCHOOLS' present 17 playground area to the northwest corner of the CHURCH's 18 proper-t:y. 19 2. Within fourteen (14) days after approval by 20 the relevafl.t_",--governmental author it ies, defendantE wi 11 pr ompt ly 21 relocate all buses closer to the south side of the CHURCH's 22 sanctuary and as far as possible from the plaintiffs' 23 northernmost property line. 24 3. Defendants will remove all portable school 25 units on at" by July 15, 1985 regardless of circumstance. 26 4. Defendants will construct at their own 27 expense a brick and/or concrete wall along the entirety of its 28 southernmost property line, subject to approval by the -2- 17./18/84:063 798:iH Peggy Hupp 6195858520 Thursd~y, April 07,20051223 PM 1 2 3 4 5 6 7 8 9 10 11 y,. 12 13 t 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I P 03 CommiGsion of their Plan and subject to written approval by all neighbors whose property abuts said southernmost border of the CHURCH's property, specifically including, but not limited to, lots two through nine, inclusive, of Corky McMillin's Subdivision Unit No. I, according to Map thereof No. 5897, filed in the office of the County Recorder of San Diego County, June 13, 1967. The primary purpose of said wall is to act a5 a sound barrier. Therefore, under all circumstances the sound "- --..- ~._- -.,." ....- - ,.-- _. .-. - ...--- barrier pOI:"tion of said wall shall be at least six feet in --.'.--- -... -- .,..... . . ---"'''--- .heignt. Construction shall commence within 10 days after obtaining the requisite approvals and shall be completed forthwith. 5. The 50uthern area of the CHURCH'5 property shown on Exhibit "B" designated for use as a parking lot shall be used solely for parking, normal church functions and occasional school functions. 6. Defendants shall restrict the SCHOOLS' student pop~~ation to 250 students.. 7. Plaintiffs shall pot oppose or appeal the Plaintiffs shall support said Plan. 8. Plaintiffs shall not oppose or appeal Defendants' request for an extension of their conditional use Plan. permit through July 15, 1985. 9. Upon written notice to Joseph J. Barr, Jr., .Esq., of removal of all portable school units from the CHURCH'S property and upon defendants' compliance with all the terms and -3- 12/18/84;063 7985H Thu_rsday, April 07, 20051223 PM Peggy Hupp 6195858520 P 04 1 2 3 conditions herein. plaintiffs shall dismiss their complaint in 4 its entirety with prejudice no later than 48 hours after 5 personal delivery of said notice to Attorney Barr. 6 10 10. All parties hereto fully and forever waive 7 any and all rights of appeal from this Order. 8 11. Each party shall bear his own costs and 9 ~ttorneY6' Eees. 11 inures to the benefit of, and binds all parties hereto, their 12. This stipulation and order applies to, 12 hei~5, legatees, dQvisees, administrators, executors. 14 13 successors and assigns. DATED: December~. 1984 15 16 17 18 19 20 21 22 23 ~_. J>~.~\ BARR, JR. Plainti fs DATED: December ~~~, 199~ -----.... ~- __GRAY, CARY, AMES &_:FRYE - lh "" (i By:Jjl(JLr-~ ~~--H/J-.- Attorneys for Defendants/tI ' 24 11/// 25 IIIII IIIII IIIII IIIII 26 27 28 -4- 12/13/84:063 7985H Tuesday, April 05, 2005909 AM Peggy Hupp 6195858520 pC::' 1 2 3 ORDER 4 Upon reading the fo~egoing Stipulation. and good cause 5 appearing therefor. 6 IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 7 1. Within fourteen (14) days after approval by 8 the Chula Vista Planning Commission (he~einafter "Commission") 9 oE DeEendants' Amended Master Plan (hereinafter "Plan"), a copy 10 of which is attached hereto as Exhibit "B" and incorporated 11 herein by ~eference, defendants will relocate SCHOOLS' present 12 playground area to the northwest corner of the CHURCH'5 13 p~operty. 14 2. Within fourteen (14) days after approval by 15 the r.elevant governmental authoritie5. defendants will promp~ly 16 relocate all buses closer to the south side of the CHURCH's 17 sanctuary and as far as possible from the plaintiffs' 18 northernmost property 1 ine. 19 .* 3. . Defendants will remove all portable school 20 units on or by_._~~~y 15, 1985 regardless of circums~nce. 21 4. Defendants will conSLruct at Lheir own 22 expense a brick and/or concrete wall along the entirety of its 23 southernmost property line, subject to approval by the 24 Commission of Lheir Plan and subject to written approval by all 25 neighbors whose property abuts said southe~nmost borde!:' of the 26 CHURCH's property, specifically including, but not limited to. 27 luts two through nine, inclusive, of Corky McMillin's 28 Subdivision Unit No.1, according to Map thereof No. 5897, -5- 12/H1/84; 063 79S5H Peggy Hupp 61958b8520 P 04 Tuesday, April 05, 2005909 AM 1 2 3 filed in the office of the County Recorder of San Diego County. 4 10 11 12 13 14 June 13, 1967. The primary purpose of said wall is to act as a Therefore, under:- all circumstances the sound 5 sound barrier. 6 barrier por~ion of said wall shall be at least SlX feet in 7 construction shall commence within 10 days after height. 8 obtaining the requisite approvals and shall be completed 9 forthwith. 5. The southern area of the CHURCH's property shown on Exhibit "B" designated for use as a parking lot shall .... be used solely for parking, normal church functions and occasional school functions. 6. Defendants shall restrict the SCHOOLS' 15 student population to 250 studen~s. Plaintiffs shall not oppose or appeal the 16 17 18 19 20 7. Plan. Plaintiffs shall support said Plan. 8. PlaintiffS shall no~ oppose or appeal .- Defendants' request for an extension of their conditional usa permit thr6t1gh-July 15, 1985.- .- 21 Upon written notice ~o Joseph J. Barr, Jr., 9. 22 23 Esq., of removal of all portable school units from the CHUKCH's property and upon defendants' compliance with all the terms and 24 conditions herein, plaintiffs shall dismiss their complaint in 25 26 its entirety with prejudice no later than 48 hours after personal delivery of said notice to Attorney Barr. 27 All parties hereto fully and forever waive 10. 28 any and all rights of appeal from this Order. -6- 12/18/84:063 7985H Tuesday, April 05,2005909 AM Peggy Hupp 6195858520 1 2 P_rr:.:, -~ 3 11. Each party shall bear his own costs and 4 attorneys' fees. 5 12. This stipulation and order applies to, 6 inures to the benefit of, and binds all parties hereto, their 7 heirs, legatees, devisees, administrators, executors, 8 successors and assigns. 9 IT IS FURTHER HEREEY ORDERED, ADJUDGED AND DECREED 11 10 that the Clerk of this Court forthwith enter this Order upon 12 13 14 15 16 17 I 18 19 20 21 22 23 24 25 26 27 28 the Court's judgment rolls. ,(/ , DATED: December~, 1984 f? CCO JUDGE OF.~ ;:rHE SUPERIOR COUR'r - -._~ ~-- -7- 12/18/84:063 19B5H .. Fnday.,_ April 01, 2005 1 18 PM Peggy Hupp 6195858520 P 04 rn x ::r. I~ (IJ -L. STRE; 1- lni' --=:.::::.:-:" ~~....:::'1:;~:::::::T=---::-- .1.......- 1'~ '.LAO." ."",MATEu .......r.... :.... I 1 'LJor.. .'TE - l-;:--.. Tu O'>>n,C1" "r:t;t:~:'I lJunr>>r. ,St:W(JUL H(JU"~_ ~~ ::;~:~ - --I' J'L .:'i:i:::::i1 F ~='~~=;;' ;, ~~ y &~ ~';Ao c- -!- . -'W_L "WVM (BLACKTOP} ~-~~ ~_~.~.:-="._r MAr-TER PI_AN NOTE5: . ':';'I~ ':: , ~.''"',~Q~".... ;M "'''. TII< '''n "Lb.,." 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WCoItl 1I("jE; ~~~ :.JGlu ..~ '" a: w t- (f) UJ ~ ~ :i IJJ U ~m ~ UJ ,.. tC '" X II) -_.. Peggy Hupp 6195858520 ~o ~ .....:T wo -IN .r " u' '" - --- -- --.--., ,,-'- -..~---- z Q 1- IIIII/II/!I Q t:l >- <( u: :::;: :J () 0 u 0 CJ c: w UJ 11- UJ .( >C( u (f) .J () U ;.:: "" -' ~ w 2 -T'Tl i~ I ",; I ~~~~ .... .J ...."'0 ~p.g~ ., ;:'" =:7C;,.-. ..J ) 0 --. ~O a;I <( U_. (() Cl. ').. ~, " 1- ~ ~Q r,./ ..", 'C.~ I~ V'I " I~ ~ " I I ~E ~: ~ " ~ . ,- " (--tl ' : 1 ' ' I . I .'. .... '-l """"~ L~L".. ".! ,," f, I L I . [ 1 p Co . ._----- - ----I L.. . I " I I, I." ~L1 " , <J" . ~.Ij I ~ u :~ .. 19 .. Q L: h! ::~ .. - ::: f! - , . _f ATTACHMENT 4 (Physical Education Schedule) Parking Lot Usage September - October Stretch and run Baseball (30 minutes per class - 8 classes per day) We need to use the parking lot for this sport for safety reasons. While swinging a bat and hitting the ball, we ~annot be where other children are having recess. November-December Rarely in use (2 1f:z - 4 hoU1'3 per week) "I take the Kindergarten and first grade classes out in the back to stretch and run. They have P .E. at the same time other classes are at recess. It is better for the less coordinated classes to be isolated in the back instead of where balls are flying and older children are running. Also, I occasionally take other classes out to playa hit ball game. January - February Stretch and run Volleyball (30 minutes per class - 8 classes per day) The volleyball poles are set up in the parking lot. Jhe school playground is too small to set up wooden poles and we don't want kids running into them during recess. March - April Rarely in use (2 ~ - 4 hours per week) "'Same as November- December May -June Rarely in use (2 ~ - 4 hours per week) .Same as November - December 2"d vIOI52v619 OH~S~~ILSI~H~~~3LS3MHLnos 62:EI 5002 52 ~d~ ATTACHMENT 5 (PCC-05-031 Resolution) RESOLUTION NO. PCC-05-031 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-05-031 FOR A PAROCHIAL ELEMENTARY SCHOOL ENROLLING 250 STUDENTS LOCATED AT 482 'L' STREET IN THE R-3-P-14 ZONE WHEREAS, on January 5, 2004, Southwestern Christian School ("Applicant"), filed a duly verified Conditional Use Permit application to modifying an existing Conditional Use permit to: 1) construct a new building for an administration office, two classrooms and a multipurpose room; 2) to consider operational requirements for the school; and 3) allow two modular trailers used as temporary offices for administration and construction located at 482 'L' Street ("Project Site") in the R-3-P-14 (Apartment Residential, Precise Plan, 14 Units per Acre) zone; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on said Conditional Use Permit application and notice of said hearing, together with its purpose, was given by its mailing to property owners and residents 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 June 22, 2005, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony present at said public hearing with respect to the Conditional Use Permit application, the Planning Commission voted to approve Planning Commission Resolution PCC-05-031 approving the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve the Conditional Use Permit application in accordance with the findings and subject to the conditions contained in this Resolution. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The school has been in operation at the same location since 1981. The project's approval will enable the school to continue to provide a choice of educational institutions in the community. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The operation of the existing school and its site layout have been designed and conditioned to avoid potential noise impacts to nearby residents. For example, the student enrollment is capped at 250. The architecture, landscaping, and noise attenuation walles) reduce any potential negative aesthetic and environmental impacts. The parking spaces provided are adequate for the proposed use. There is adequate drop off area for the school. The lot has sufficient size to accommodate the proposed use as well as outdoor activities for the children. There is adequate on-site play area outside of the building for the school. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use has been conditioned to comply and remain in compliance with all applicable codes, conditions and regulations prior to issuance of a certification of occupancy. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Project allows for additional educational opportunities for citizens in the community and conforms to all elements of the General Plan and other adopted plans affecting the Project Site. Approval ofPCC-05-031 is conditioned upon the following: I. Prior to the issuance of a certificate of occupancy by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: Planning and Building: A. Obtain approval of the Design Review application by the Zoning Administrator. B. Submit an application for any proposed identification signage for review and approval by the Director of Planning and Building prior to installing any signs on the property. C. Comply with the 2001 Handicapped Accessibility requirements, 2001 Energy requirements, the 2001 CPC, CMC and CEC, Seismic Zone 4 and Wind Speed 70 mph exposure C. D. Pay all applicable fees, including pennit processing, development impact fees and Sewer Connection and Capacities fees, Traffic Signal fees, and all other outstanding fees due to the City of Chula Vista. E. Prepare and submit a demolition and recycling plan to the Conservation Coordinator for review and approval. Engineering: F. The Applicant shall implement Best Management Practices (BMPs) to prevent the pollution of stonn water conveyance systems, both during and after construction. Pennanent stonn water requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non-structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. G. The Applicant is required to comply with the City of Chula Vista Stonn Water Management Standards Requirements Manual. H. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NEPDS Municipal Pennit, Order No. 2001-01. According to said Pennit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Stonn Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 1. Provide a water quality study that demonstrates compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Pennits, including Standard Urban Stonn Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans in accordance with the City's Manual. J. Development of the project shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollution Discharge Elimination System (NPDES) pennit requirements for urban runoff and stonn water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the Applicant shall file a Notice of Intent (NO I) with the State Water Resource Control Board to obtain coverage under the NPDES General Pennit for Stonn Water Discharges associated with construction activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. II. Prior to Final Inspection/Occupancy: Public Works: A. Repair or replace the damaged 5-foot by 5-foot section of the sidewalk near the driveway approach on the 'L' Street side ofthe property. Fire: B. Provide a fire alann system, exit lights, emergency lighting, fire extinguishers that confonn to the CFC Article 25, and provide a fire suppression system in the kitchen. Planning and Building: C. The site shall be developed and maintained in accordance with the approved set of plans on file in the Planning Division. III. Continuous Conditions: Planning and Building: A. The Applicant shall remain in compliance with the non-conflicting and applicable conditions previously approved in the following project files: PCC-94-01 and PCC- 83-03. B. The applicant shall remove the two trailers from the property within 30 days from the final inspection date by the Building Inspector. C. The student enrollment shall not exceed 250 students. D. School staff shall maintain a high level of supervision for all students when they are outside the classrooms. Supervision shall be conducted by at least two school staff when students are in the south parking lot. In addition, the Principal shall designate a staff person to meet periodically with neighbors who reside on Westby Street between Fourth and Fifth Avenue, and the residents on Fifth Avenue whose property abuts the school property, to discuss and remedy issues that may arise. E. The Applicant shall prepare and implement a program that will maintain the on-site landscaping in a healthy manner, and keep the school premises and neighboring properties free from trash and debris. Fire: F. First and second grade students shall not occupy any classrooms on the second floor of any building. Standard Conditions: G. This conditional use pennit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Pennittee and after the City has given to the Pennittee 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 Pennittee of a substantial revenue source, which the Pennittee cannot, in the nonnal operation of the use pennitted, be expected to economically recover. H. Any change to the operational profile of this Project, any request for an expansion of the use as described herein, or any deviation from the above noted conditions of approval shall require the approval of a modified conditional use pennit. I. Any violations of the tenns and conditions of this pennit shall be grounds for revocation or modification of pennit. Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Pennit approval by the Director of Planning and Building. J. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold hannless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use pennit and design approval, (b) City's approval or issuance of any other pennit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's installation and operation of the facility pennitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use pennit where indicated, above. Applicant's/operator's compliance with this provision is an express condition of this conditional use pennit and design approval, and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. K. The Applicant shall use graffiti resistant treatment on the exterior surfaces of all structures on site including walls and fences. Additionally, the project shall confonn to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. L. The conditions of approval for this Conditional Use Pennit approval shall be applied to the subject property until such time approval is modified or revoked, and the existence of this approval with conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. M. This Planning Commission approval 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 conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. N. The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department. Failure to return said document to the Department shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner/Applicant 482 'L' Street Signature of Representative INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby approve Conditional Use Permit application PCC-05-031 in accordance with the findings and subject to the conditions contained in this resolution. APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of June, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Marco P. Cortez, Chair ATTEST: Diana Vargas, Secretary ATTACHMENT 6 (PCC-94-01 & PCC-83-03) ~~/~ 2~~ .-...;:.-...;:.-...;:- ~~~~ CllY OF CHUlA VISTA PLANNING DEPARTMENT August 17, 1993 Southwestern Christian Schools 4282 Balboa Avenue San Diego, CA 92117 Attn: Mr. Edsel Hughes SUBJECf: Conditional Use Permit, PCC-94-01, Request to Install and Utilize One Double-Wide Conunercial Coach Trailer (Standard Two-Classroom Building) as Temporary Classroom Space The Zoning Administrator has considered your request for. a conditional use permit to allow installation and use of one 24' by 60' commercial coach trailer as temporary classroom space at 470 L Street The proposed project is categorically exempt from environmental review as a Oass.14 exemption. Mter reviewing your proposed project, site plan and the existing conditions in the immediate vicinity of the subject property, the Zoning Administrator has been able to make the required findings to grant your request which is hereby approved subject to the following conditions. 1. Use of the temporary classroom space shall be limite~ to a period of one year. The building shall be removed from the premises no later than August 13, 1994. 2. Use of the commercial coach facilities shall be limited to primary school classroom functions only. 3. The total number of classroom seats, including the temporary classrooms, shall not exceed 250 seats. 4. Pre-school and after-school child care activities shall be limited to in-classroom activities only. 5. Southwestern Christian Schools shall discourage the use of adjacent properties. by facility employees and church/school members, for parking purposes. 6. Any complaints regarding parking noise or other adverse impacts shall be reviewed by the Zoning Administrator and may be cause for the pennit to be reconsidered for additional conditions or revocation. 7. The temporary classroom facilities shall comply with all Engineering Department and state and local building and fire regulations (see attached Building and Housing Department and Fire Department comments). 276 FOURTH AVE/CHULA VISTA CALIFORNIA 91910/1619) 691-5101 Southwestern Christian Schools August 17, 1993 Page 2 8. The temporary building structure shall maintain a 15 fL front yard setback from the L Street ultimate right-of-way. 9. Materials and colors for the temporary building's exterior shall be selected to match the adjacent administration office structure subject to review and approval by the Zoning Administrator. 10. Approval of PCC-94-0 1 shall be contingent upon staff design review and approval of the proposed structure's architectural design prior to issuance of building pennitS. 11. This pennit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this pennit to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the pennittee and after the City .has given to the pennittee 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 Pennittee of a substantial revenue source which the Pennittee cannot. in the nonnal operation of the use pennitted, be expected to economically recover. 12. This conditional use pennit 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 pennit to be reviewed by the City for additional conditions of revocation. Findings of fact are as follows: 1. The proposed temporary building classroom expansion is necessary in order to allow the applicant to provide and improve the quality of educational services offered to the community, at a location previously approved for a church and school use (PCC-82-3). 2. Staff design review of the proposed structure's architectural design prior to building pennit issuance will insure compatibility with the balance of the existing buildings on site. 3. The proposed use, as ~onditioned, will comply with the regulations and conditions specified in the Municipal Code relating to utilization of temporary building space in conjunction with public or quasi-public uses located within residential zones (Section 19.58.330). 4. The proposed temporary expansion of the already existing facilities will not adversely affect the General Plan. You have the right to appeal this decision to the Planning Conunission. A completed appeal fonn along with a fee of $175 must be received by this office within ten days of the date of this letter. Fonns are available from the Planning Department. In the absence of said appeal the decision of the Zoning Administrator is final. CITY OF CHULA VISTA Southwestern Christian Schools August 17. 1993 Page 3 Failure to use this pennit within one year from the date of this letter shall cause the pennit to become null and void unless a written request for an extension is received and granted prior to the expiration date. Four copies of a Notice of Exemption from environmental review have been filed with the County Clerk. The Clerk will mail three to us and we will forward one to you. Steve Griffin. AICP Principal Planner cc: City Clerk Code Enforcement WPC F:'IHOMlN'lANNING\1129.93 CITY OF CHULA VISTA o. e . RESOLUTION NO. PCC-82-3 (Revised) RESOLUTION OF THE CITY OF CHUlA VISTA PLANNING COMMISSION GRANTING A CONDITIONAL USE PERMIT WHEREAS, a letter requesting an extension of time for temporary classrooms was filed with the Planning Commission on June 15, 1984, .and, WHEREAS, a duly verified application for a conditional use permit was fl1 ed with theP1 anni ng Department of the Ci ty of Chu1 a Vi sta on December 3, 1984, by Church of Chri st. 470 IILII Street, and . WHEREAS, sai d app1 icati on requestedpermi ssi on to amend the approved master plan of development for the Church of Christ and school located at 470 IILII Street in the R-3-P-14 zone. and WHEREAS, the Planning Commission set the time and place for a hearing on said conditional use permit application and the requested time extension and notice of said hearing, together with its purpose, was g.iven by its publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the property at least ten days prior to the hearing,and WHEREAS. the heari ng was he1 d at the time and p1 ace as advertised. namely 7:00 p.m., January 16, 1985, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafte~ closed, and WHEREAS. the Commission found that the extension of time and the new master plan would have no significant environmental impacts and adopted the Negative Declaration issued on IS-82-3, as amended: NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as follows: 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 neighborhQ9d or the community. Approval of these requests will enable the applicant to continue providing this service to the community in the same location. The new c1 assroom structure will provi de the opportunity to separate the school activity from the church. The extension of time given to the temporary classrooms will allow for the orderly transition to the new buildings. 2. That such use will not under the circumstances of the particular case. be detrimental to the health. safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinUy. . The proposed walls will reduce the impact of the school noise on the adjacent neighborhood. The limited ~xtension for the temporary buil di ngs . will ensure thei r removal in a specifi ed time per; od. -~---_.,--- e . 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The structures must meet the regulations of the Unified Building Code. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of this request will not affect the General Plan. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby grants the conditional use pennit. subject to the following conditions: A. Temporary Classrooms The temporary classrooms may be used until July 8. 1985. subject to: 1. The south facing door shall remain closed during class sessions. 2. The building shall be removed from the prel1)ises no later than August 7. 1985. 3. The applicant shall construct a solid 6 foot high. wall on the south property line. Permits shall be obtained and the wall completed by March 31.1985. Failure to complete the wall by said date shall constitute an immediate revocation of thi s CUP causi ng the need to vacate and remove the temporary building. - B. Revised Master Plan 1. The architectural design (including materials) of the classroom structure shall be subject to approval of the Director of Planning. An acoustical noise study in compl i ance with State standards must be submitted to the Department of Building and Housing with the building permit request. 2. The proposed wall. enclosing .the playground area at the northwest corner of the site shall maintain a lO-foot setback from the front property 1 i ne and shall not exceed fi ve feet in hei ght. Mounti ng agai nst the wall shall be provi ded wi th the exposed portion of the wall adj acent to the street constructed of decorative material such as slumpstone. split faced block. etc. The sliding gates shall include view obscuring material approved by the Director of Planning. ~_._----_.__.~._- e ~ 3. A revised landscape and irrigation plan for the northwest portion of the site shall be submitted 4. The north wing addition shall be limited to church use only. 5. The requi red 6-foot hi gh noi se attenuation wall shall be measured from the church side of the property. The wall shall extend from the southeast corner of the property line along the entire length of the southern and westerly property lines terminating at the Fifth Avenue setback line. This conditional use permit shall become void and ineffective if the same is not utilized by July 8, 1985. PASSED AND APPROVED BY THE PLANNING COt~MISSION OF CHULA VISTA, CALIFORNIA, this 16th day of January, 1985, by the following vote, to-wit: AYES: Commissioners Carson, Tugenberg, Green, Guiles, Shipe, Cannon and OINeill NOES: None ABSENT: None ~c~ Michael A. Green, Chairman ATTEST: ..~~r4Lrz: Ruth M. Smith, Secretary WPC 1665P --------_.---- --.--- - ~---_..- ATTACHMENT 7 (Disclosure Statement) ~Jft, -.- ~:=:.-=: - -: ~~ P I ann n g & Building Planning Division Department Development Processing em OF CHUIA VISTA .-APPLICATION APPENDIX 8 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. JACK ROWE KEVIN WITHEM W.L. FLETCHER DAN FENN PAULA DELGADO HARRY LOVING JILL ANELLA KIRK CATT SANDY SHIPPEY PETE NYSTROM I ARRY WESTFALL JIM FRIEDHOFER 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. JACK ROWE DAN FENN JILL ANELLA PETE NYSTROM K F V T N lIlT T H F M P A III A DEL GAD 0 K 1 R K (" A T T I A R R Y WE S T F ALL W. L. FLETCHER HARRY LOVING ~ ANDY ~IHPPFY .11M FRIEDHOFER 4. Please identify every person, including any agents, employees, censultants, or independent contractors you have assigned to represent you before the City in this matter. MICHAEL JONES, ARCHITECT 5. Has any person* associated with this contract had any financial dealings wij.h an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution 9f more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No'L- Yes _ If yes, which Council member? 276 Fourth Avenue Chula Vista California lJ 1lJ 1 0 (61<J) 6<J1-5101 ~~~ -.- ~:::.-:::. =:~ ~- ~ P I ann n g & Building Planning Division Department Development Processing CIlY OF CHUlA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No V If Yes, which official** and what was the nature of item provided? Date: J~~oJ~~ / Print or Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust; receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue Chula Vista California 91<J10 (619) 691-5101