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HomeMy WebLinkAboutReso 1999-19377 RESOLUTION NO. 19377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC 99-25, FOR A ONE HUNDRED THIRTY-TWO UNIT AFFORDABLE SENIOR APARTMENT COMPLEX AT THE NORTHEAST CORNER OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT WITHIN THE SUNBOW II PLANNED COMMUNITY; AND ALLOW A SIXTY-NINE PERCENT DENSITY BONUS INCREASE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65915, CHELSEA INVESTMENT CORPORATION. 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 a 4.14 acre elongated and relatively level site located at the northeast corner of Medical Center Drive and Medical Center Court ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on November 19, 1998, a duly verified application for a Conditional Use Permit (PCC 99-25) and a sixty-nine percent (fifty-four dwelling units) density bonus increase and other incentives/concessions with respect to the Project Site was filed by Chelsea Investment Corporation ("Developer"); and WHEREAS, Developer requests permission to construct a one hundred thirty- two unit affordable senior apartment complex including associated parking and open space/recreational amenities. The proposal includes a request to reduce the required number of parking spaces from two hundred-eight to one hundred forty-six and the open space requirement from four hundred to three hundred- fifty square feet per unit; and C. Prior Discretionary Approvals Whereas the development of the Project Site has been the subject matter of 1 ) A General Development Plan, Sunbow II General Development Plan (GDP) previously approved by City Council Resolution 15427 ("GDP"); 2) Sectional Planning Area (SPA) Plan, Sunbow II Sectional Planning Area Plan previously adopted by City Council Resolution No. 15524 ("SPA"); 3) Sunbow II Public Facilities Financing Plan ("PFFP"), Sunbow II Design Guidelines all previously approved by City Council on February 20, 1990, by resolution No.15524 4) Sunbow II Air Quality Improvement Plan and Sunbow II Water Conservation Plan Phase 1A adopted by City Council Resolution 15524; 5) Sunbow II Planned Community District Regulations adopted By City Council Ordinance No.2346; 6) Master Tentative Map, Chula Vista Tract 90-07 approved by City Council Resolution No. 15640 and extended one year by Resolution 17177; and Resolution 19377 Page 2 D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study, such study (IS 99-13) was prepared, and based on such study a Negative Declaration was prepared and circulated for public review. E. Planning Commission Record on CUP Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 3, 1999, and voted 5-1-0 to adopt Resolution No. PCC 99- 25 recommending that the City Council adopt Negative Declaration IS-99-I 3, approve Conditional Use Permit PCC 99-25 based on the findings and subject to the conditions contained therein; and grant a sixty-nine percent density increase (54 units above the maximum permitted density) pursuant to California Government Code Section 651958, Density Bonuses and Other Incentives; and WHEREAS, the Planning Commission concurred with the Design Review Committee to allow a further reduction in parking spaces as long as a minimum of seven guest parking spaces be provided on-site and that none of these seven guest spaces be restricted for disabled use only; 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 and reductions in parking and open space requirements does not adversely affect the order, amenity, or stability of adjacent land uses; and F. 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 February 16, to receive the recommendation of the RCC, Planning Commission and Design Review Committee, and to hear public testimony with regard to the same; and 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 on February 16, 1999. 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 February 3, 1999, end the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. m Resolution 19377 Page 3 Ilk CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Negative Declaration on IS 99-13 has been prepared in accordance with 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 the Negative Declaration on IS 99-13 reflects the independent judgement of the City of Chula Vista City Council. V. FINDINGS FOR GRANTING OF DENSITY BONUS 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 and reductions in parking and open space requirements does not adversely affect the order, amenity, or stability of adjacent land uses. VL 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 of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that permits the stated findings 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 proposed project is desirable at this location in that the site provides immediate access to public transportation and is within walking distance of the Sharp Chula Vista Medical Center. A neighborhood commercial center is proposed for a location just south of the site. There are no other senior rental housing developments within the newly developed areas of eastern Chula Vista. In addition, the project will satisfy Sunbow II's low income housing requirement. 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. The proposed Project is compatible with surrounding residential and institutional land uses and adequate infrastructure is in place. The project is oriented toward Medical Center Drive in order to allow easy ingress/egress to the site, and convenient access to public transportation. I[ Resolution 19377 Page 4 C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The applicant has requested a reduction in the required number of parking spaces from two hundred-eight to one hundred forty-six (Chula Vista Municipal Code Section 19.62.050 ) and open space acreage requirement from 400 to 350 sq. Ft. per dwelling unit (Chula Vista Municipal Code Section 19.28.090). Based on previously approved senior housing project parking requirements in the City of Chula Vista and other neighboring jurisdiction, as well as the Project Site's close proximity to public transportation, health care facilities and future neighborhood parks and commercial center within the Sunbow Planned Community, the proposed parking ratio of one space per dwelling unit plus fourteen additional parking spaces for guests is consistent with established standards for this type of residential projects. A further reduction of approximately seven spaces is appropriate in exchange for providing additional pedestrian linkages between village areas and will not negatively affect the amount of overall parking needed to accommodate the project. The proposed senior housing apartment complex features common recreational facilities designed for the intended residents and open lawn areas for outdoor activities. Based on the proposed amenities and the intended residents, the proposed open space is adequate. D. 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 is in substantial conformance with the Housing Element of the City of Chula Vista General Plan, which supports a wide variety of residential products including senior housing and requires a minimum of ten percent of the total number of dwelling units in subdivisions with more than fifty dwelling units be affordable. The Project will also satisfy the affordable housing requirement prescribed in the Sunbow II affordable Housing Program and Agreement. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DOES HEREBY APPROVE THE PROJECT SUBJECT TO THE CONDITIONS SET FORTH BELOW: VII. TERMS OF GRANT OF PERMIT OF CONDITIONAL USE PERMIT The City Council hereby grants Conditional Use Permit PCC-99-25 subject to the following conditions whereby the Applicant Shall: A. Ensure that the proposal complies with the use outlined in the application and material submitted therewith except as modified below: 1. Comply with all conditions of Resolution DRC 99-29 dated January 25, 1999. 2. Comply with all requirements of the Engineering Department including the following: Resolution 19377 Page 5 a. Prior to issuance of building permits, applicant shall pay all applicable sewer connection, development impact, and traffic signal fees. b. Construct two driveway approaches per City of Chula Vista standards as shown on the proposed site plan. Prior to said construction, applicant shall obtain a construction permit from the Public Works Department. c. Obtain a grading permit. d. Vehicular turning movement shall be restricted to right turn in and right turn out only at new driveways along Medical Center Drive due to an existing raised concrete median. e. Prior to occupancy, applicant shall submit and receive approval for a lot consolidation for this project. 3. Comply with all requirements of the Chula Vista Fire Department including the following: a. Hammer head turn-around shall be 90' x 25' x 25' b. Fire Alarm systems are required for all buildings c. Class 1 Standpipe system required in three story building, d. Fire hydrant required at each driveway entrance. B. Any change to the operational profile or expansion of the use shall require approval by the City Council and may result in additional conditions of approval and/or mitigation measures. C. Construct the Project as submitted to and approved by the City Council, except as modified herein and/or as required by the Municipal Code, and as detailed in the project description. D. Comply with all federal, state and local laws, regulations, permits, City ordinances, standards, and policies except as otherwise provided in this Resolution. E. Approval of this Conditional Use Permit is contingent upon granting approval of the requested sixty-nine percent density bonus. F. This special use permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. G. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental Resolution 19377 Page 6 interest related to health, safety, or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue sources which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. H. The developer agrees to meet and confer and to enter into a density bonus agreement with the City. VIII. CITY COUNCIL APPROVAL OF DENSITY BONUS The City Council hereby grants the requested increase in density of sixty-nine percent to allow the construction of a maximum of one-hundred thirty two dwelling units for the residential project located at the north east corner of Medical Center Drive and Medical Center Court in the City of Chula Vista. 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 consistent with the Conditional Use Permit, PCC 99-25, for the Project: 1. The City implemented alternative parking standards of one parking space for each dwelling unit, with ten percent guest parking provided on-site for this project and fourteen percent of the total parking spaces provided at compact size; and 2. The City allowed a reduction in open space requirements from four-hundred square feet per unit to three hundred-fifty square feet per unit. IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute the Agreement, a copy of which is on file in the office of the City Clerk, indicating the Applicant has read, understands and agrees to the conditions of approval contained herein, and will implement same. X. INDEMNIFICATION/HOLD HARMLESS Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, 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 Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing the Agreement of this Conditional Use Permit where indicated. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all Applicant's/operator's successors and assigns. · I' Resolution 19377 Page 7 XI. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency 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 any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by tn e;tn r B,,,d,ng D,rectorny Resolution 19377 Page 8 EXHIBIT A Resolution 19377 Page 9 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of February, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None 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. 19377 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of February, 1999. Executed this 16th day of February, 1999. Susan Bigelow, City Clerk