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HomeMy WebLinkAboutZAV 2008-04 RESOLUTION NO. ZAV-08-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A VARIANCE, ZAV-08-04 TO ALLOW AN ENCROACHMENT OF PORTIONS OF THE PROPOSED BUILDING AND TRASH ENCLOSURE INTO THE REQUIRED SETBACK ALONG PLAZA BONITA ROAD AT 260 BONITA ROAD„ - Jose Antonio Gonzalez/Bonita LLC ' WHEREAS, on November 27, 200"7, a duly verified application for a Variance application was filed with the City of Chula Vista Planning and Building Department by Jose Antonio Gonzalez/Bonita LLC ("Applicant"); and i WHEREAS, the application requests approval of a Variance to allow an encroachment of portions of the proposed building and trash enclosure into the required setback along Plaza Bonita Road at 260 Bonita Road ("Project"); and ~ WHEREAS, the area of land which is the subject of this Resolution is an existing vacant parcel identified as 260 Bonita Road in the CC (Central Commercial) Zone within the I Bonita Gateway Specific Plan ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project j for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-06-025 in accordance with the California Environmental Quality Act. Based ~ upon the results of the Initial Shldy, the Environmental Review Coordinatar has determined that ~ the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-025, for the Planning ~ Commission's consideration WHEREAS, the Director of Planning and Building set the time and place for a hearing on the Variance application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the heating; and WHEREAS, the hearing was held at the time and place as advertised, namely November 19, 2008 at 6:00 p m in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence and testimony presented at the public II hearing with respect to the Project, the Planning Commission voted 6-0-0-~o approve the Variance. Page 2 November 19, 2008 NOW, IHbRE,FORE, BE II RE,SOLVE,D that the Planning Commission finds as follows: That a hardship particular to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family, or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance, Fur'ther', a previous variance can never have set a precedent, for each case must be considered only on its individual merits. I the project site is one of two parcels located within the Bonita Gateway Specific Plan, In the Specific Plan the access off of Bonita Road is limited to ingress only, with full access (ingress and egress) allowed at the Plaza Bonita Road driveway to serve both properties, Both driveways for the site axe located completely on the Applicant's property resulting ~ in the project site bearing the entire burden of providing access to both parcels within the Specific Plan area.. Ihis has reduced the developable area of the project site as well as limited the location of structures on the site. In addition, a 17-ft (5,518 sq ft) easement was granted to the City of Chula Vista in lieu of condemnation to accommodate road i widening improvements along Bonita Road far the benefit of the public the project site, which consists of 1 28 acres, is also burdened by 14 additional easements for a total of 16 easements These easements existed prior to the Applicant's ownership of the project site and were granted to numerous public agencies for various public purposes, including but not limited, to Caltrans for access by the public to the freeway entrance located nearby. Ihese easements also restrict the location of structures on the project site because of the future maintenance requirements of the various utilities located within the easement areas. the other parcel within the Specific Plan has five easements covering 0 '77 acres and is benefited by the many easements that cover the project site. Also, the project site has an irregular shape, similar to a crescent, unlike most properties, including the adjacent property.. the combination of the 16 easements, the irregular shape, and the limited access allowed to the project site severely restricts the location of development on the site, creates limited opportrwities to locate structures on the property I and reduces the site's useable area, the variance is needed in order for the owner of the project site to utilize this site to the same extent as the other properTy owner under the Specific Plan, by being able to build within the limited areas on the site that are not restricted by the easements and other constraints. That such a variance is necessary for' the preservation and enjoyment of'substantial property rights possessed by other properties in the same zoning districts and in the same vicinity, and that a variance, if' granted would not constitute a special privilege of'the recipient not enjoyed by his neighbors. the variance for the project site is necessary for the preservation and enjoyment of the substantial property rights possessed by other properties in the same zoning district in the same vicinity, in this case the adjacent property owner under the Specific Plan., in that it Page 3 November 19, 2008 would allow the project site to utilize the site to the same extent as the adjacent property owner, There are currently 16 easements, many of which the adjacent property owner benefits from, that traverse the project site severely restricting the use of the site the adjacent property owner has 5 easements over its site. In addition, the project site is I required to provide the only ingress and egress to both parcels entirely from its property, further diminishing its usable area.. Although the adjacent parcel is smaller than the project site it has larger developable pad areas. the variance granted to the project site would bring the percentage of its developable area in closer parity to the adjacent property and thus allow the site to be used to the same extent as other properties in the vicinity, which in this case is the adjacent property within the Specific Plan, Development of the project site is hampered by its unusual shape, and the numerous easements placed on the property, which severely limited the developable area of the site the adjacent property owner on the other hand has benefited from these easements without being restricted in the development of its property.. That the authorizing of'such variance will not be of'substantial detriment to adjacent property and will not materially impair the purposes of this chapter or public - interest. the granting of the vax'iance to the project site will not be detrimental to the adjacent property in that the variance allows the building on the project site to be located further away from the adjacent property thus opening up the view corridor between the retail i shops located on both properties, thus enhancing the view carridor, In addition, by locating the building further away from the adjacent property, the vehicular and pedestrian circulation, along with sight lines between the properties is further enhanced.. I The variance will not impact any of the existing site corridors, traffic flow or ingress or egress of the adjacent property. The variance allows for a superior and integral design of a four sided structure, which allows it to blend harmoniously with the adjacent property's existing structure. In addition, the variance would allow the project site to be developed which would increase the desirability of the adjacent property by creating a synergy type relationship between the uses of the two parcels; rather than having the project site remain vacant, That the granting of such variance will not adversely affect the General Plan of the City or the adopted plan of any government agency. the approval of the variance for the project site would not adversely affect the General Plan of the City of Chula Vista in that the General Plan acknowledges that this property is i considered a gateway into the community of Bonita and the City of Chula Vista and is governed by the Specific Plan, the Specific Plan recognizes that the properties should be allowed to be developed in recognition of the various constraints on the site. the Specific Plan encourages "higher levels of design freedom and land use planning innovation than that which could be achieved through conventional zoning provisions " the granting of the variance for the project site allows for the superior and integral design of the site while recognizing the constraints of the site, and encourages the ' nic landmark ro'ect at the atewa to the Cit of Chula Vista, creation of an rco g Y Y P 1 Page 4 November 19, 2008 BE Ii FURTHER RESOLVED IHAI IHE PLANNING COMMISSION, BASED CN IHE FINDINGS ABOVE, approves the Variance to allow the encroachment of the proposed building and trash enclosure into the required setback along Plaza Bonita Road. PASSED AND APPROVED BY IHE PLANNING COMMISSION OF IHE CIIY OF CHULA VISIA, CALIFORNIA, this 19th day of November, 2008, by the following vote, to- wit: AYES: Moctezuma, Vinson, Tripp, Clayton, Bensoussan, Spethman NOES: ABSIAIN: ABSENI: Felber ~ ~ William C Tripp, Chaii Planning Commission Approved As Io Form: i i Gary alber ~ Bart ie,t~ el Director of lanning and Building -~nxerim Cr ttorney y' AIIESI: ~I t{~ ~ - Diana Vargas Secretary to the Planning Commission