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HomeMy WebLinkAboutReso 2000-149 COUNCIL RESOLUTION NO. 2000-149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A TWENTY-FIVE PERCENT (25%) DENSITY BONUS, REDUCING THE PARKING REQUIRED UNDER PRECISE PLAN (76-14) TO BE CONSISTENT WITH THE CITY'S MUNICIPAL CODE, AND ALLOWING SIXTEEN PERCENT OF THE REQUIRED PARKING AS COMPACT PARKING SPACES TO FACILITATE THE CONSTRUCTION OF A MAXIMUM OF TEN (10) AFFORDABLE DWELLING UNITS FOR AN EXISTiNG 40 UNIT MULTIFAMILY RESIDENTIAL DEVELOPMENT, KNOWN AS KINGSWOOD MANOR, LOCATED AT 54-94 KINGSWOOD DRIVE, AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE HOUSiNG COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND HAMILTON PLAZA LIMITED I. 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 for the purpose of general description herein consists of approximately 3.32 acres of land located east of the intersection of Tobias Drive and Kingswood Drive, also known as 54-94 Kingswood Drive ("Project Site"). B. Project Applicant WHEREAS, an application for an affordable housing project and a request for a twenty-five percent (25%) density bonus and other additional incentives/concessions was filed with the Chula Vista Community Development Department on November 30, 1999 by Hamilton Plaza Limited ("Applicant"); and C. Project Description WHEREAS, said application requested a twenty-five percent (25%) density bonus, the reduction of the required parking under the Precise Plan (76-14) for the property to be consistent with the parking requirements specified in Section 19.62.050 of the City of Chula Vista' s Municipal Code, and sixteen percent of the spaces to be provided as compact parking spaces to allow the construction of ten (10) additional rental units for low income households CProj ect"); and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Planning and Environmental Manager has determined that the Project requires the preparation of a Notice of Exemption under Section 15280 of Califomia of the Califomia Code of Regulations and such notice was prepared, filed and posted for the required 30 day period; and Resolution 2000-149 ~,, Page 2 E. Planning Commission Record on Application WHEREAS, the Planning Commission held a public hearing on the Project on March 22, 2000 and again on April 12, 2000 at which time the Planning Commission voted 7 to 0 adopting Resolution No. AH 99-003 recommending that the City Council grant the requested increase in density of twenty-five percent (25%), the reduction of parking required under the Precise Plan (76- 14) for the property to be consistent with the City of Chula Vista Municipal Code, and sixteen percent of the spaces to be provided as compact parking spaces pursuant to California Government Code Section 65915, Chapter 4.3, Density Bonuses and Other Incentives, to facilitate the construction of a maximum of ten (10) affordable dwelling units to an existing 40 unit housing development, known as Kingswood Manor, located at 54-94 Kingswood Drive; and WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the Project is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare and good zoning practice support the Project, and implements portions of State related density bonus and that the granting of said density bonus, the reduction of parking required under the Precise Plan (76-14) for the property to be consistent with the parking requirements of the City of Chula Vista Municipal Code, and the provision of sixteen percent of the parking spaces as compact spaces does not adversely affect the order, amenity, or stability of adjacent land uses; and F. City Council Record of Application WHEREAS, the City Council of the City of Chula Vista considered the recommendation of the Planning Commission regarding the density bonus and additional incentives/concessions for the Project on May 9th, 2000; and G. Housing Cooperation Agreement WHEREAS, as a condition of the approval of the density bonus and additional incentives granted, the Applicant is to enter into a written agreement with the City of Chula Vista specifying the tenancy requirements and terms of commitment for, the density bonus and additional incentives in accordance with California Government Code Section 65915; and WHEREAS, the proposed form for such written agreement, the Housing Cooperation Agreement, has been negotiated with the applicant and is being presented for the City's consideration at the meeting at which this resolution is being adopted; and NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and ordain as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public heating on this Project held on March 22, 2000 and April 12, 2000, and the minutes and resolution resulting therefrom are hereby incorporated into the record of this proceeding. _ Resolution 2000-149 Page 3 III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Notice of Exemption has been prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGEMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that Notice of Exemption reflects the independent judgment of the City of Chula Vista City Council. V. CITY COUNCIL FINDINGS The City Council hereby finds that the Project is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare and good zoning practice support the Project, and implements portions of State related density bonus and that the granting of said density bonus, the reduction of parking required under the Precise Plan (76-14) for the property to be consistent with the parking requirements of the City of Chula Vista Municipal Code, and sixteen percent of the spaces to be provided as compact parking spaces does not adversely affect the order, amenity, or stability of adjacent land uses. BE IT FLIRTHER RESOLVED that the City Council does hereby approve, in accordance with Califomia Govemment Code Section 65915, the requested increase in density of twenty-five percent (25%), the reduction of the parking required under the Precise Plan (76-14) for the property to be consistent with the parking requirements of the City of Chula Vista Municipal Code, and sixteen percent of the spaces to be provided as compact parking spaces to allow the construction of a maximum of ten (10) affordable dwelling units for an existing 40 unit residential project located east of the intersection of Tobias Drive and Kingswood Drive, also known as 54-94 Kingswood Drive in the City of Chula, to balance the financial feasibility of the affordable housing project with the usual amenities found in a development of this type, subject to the following terms and conditions set forth below: VI. Terms of grant of density bonus and additional incentives A. Ensure that the proposal complies with the use outlined in the application and materials submitted therewith except as modified below: 1. Comply with all conditions of Council Resolution 2000-149 dated May 9th, 2000. B. The applicant enter into a written agreement with the City of Chula Vista specifying the tenancy requirements and terms of commitment for, the density bonus and additional incentives in accordance with Califomia Govemment Code Section 65915. C. Construct the Project as submitted to and approved by the City Council, except as modified herein and/or required by the Municipal Code, and as detailed in the Project description. Resolution 2000-149 _,, Page 4 D. Construction of Building One, consisting of eight units, as designated on the submitted site plan, approximately thirty (30) feet from the noah property line. E. Construction of masonry wall/fencing and landscaping along the portion of the north property line directly behind the pool and play area prior to issuance of the building permit(s) for the project. F. Installation of an intercom or other similar system for both the east and west parking lot gates prior to issuance of the building permit(s) for the project to enable guests or residents to more readily access such parking areas. G. Ten (10) units shall be maintained for a period of thirty years as affordable housing for low-income households. H. Participate in the City of Chula Vista Crime Free Multi-Housing Program or any other such program that may be adopted by the City of Chula Vista, with program certification of the property completed by issuance of the building permit(s) for the project. VII. CITY COUNCIL APPROVAL The City Council hereby grants the requested increase in density of twenty-five percent (25%) to allow, contingent upon applicant entering a regulatory agreement with the City ensuring compliance with certain conditions, the construction of a maximum often (10) affordable dwelling units for an existing 40 unit residential project located east of the intersection of Tobias Drive and Kingswood Drive, also known as 54-94 Kingswood Drive in the City of Chula. The City Council further approves the following incentives to the Applicant in order to balance the financial feasibility of the affordable housing project with the usual amenities found in a development of this type: 1. The reduction of the required parking spaces under the Precise Plan (76-14) for the property to be consistent with the parking requirements specified in Section 19.62.050 of the City of Chula Vista's Municipal Code. 2. Sixteen percent of the spaces to be provided as compact parking spaces. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a Housing Cooperation Agreement with the applicant for the development of the project, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista and the City Manager, or his written designee is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver said Agreement in substantially the form presented, with such additions thereto or changes therein as are recommended or approved by the City Manager or City Attorney and approved by the officer or officers executing the agreement, with the approval of Resolution 2000-149 Page 5 such officer or officers to be evidenced conclusively by the execution and delivery of such agreements. Presented by Approved as to form by Chris Salomone John M. Kaheny / Community Development Director City Attomey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, h Califomia, this 9t day of May, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, S alas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Sh~~ ATTEST: Susan Bigelow, City Clerk~' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-149 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9 day of May, 2000. Executed this 9th day of May, 2000. Susan Bigelow, City Clerk R2000-1~9