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HomeMy WebLinkAboutZAV 2009-03 RESOLUTION NO. ZAV-09-0.3 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A VARIANCE, ZAV-09-03 TO ALLOW A 10-FT. ENCROACHMENT FOR THE OFFICE BUILDING INTO THE REQUIRED REAR SETBACK AT 440 FOURTH AVE. APPLICANT: EFRAIN MASCARENO, WHEREAS, on September 19, 2008, a duly verified application for a Variance was filed with the City of Chula Vista Development Services Department by Efrain Mascareno ("Applicant"); and WHEREAS, the application requests approval of a Variance to allow a 10-ft encroachment for the office building into the required rear setback ("Project"); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 440 Fourth Avenue("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed office building for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303(c) of the State CEQA Guidelines and the associated Rezone is covered under EIR-OS-O1 Thus, no farther environmental review is necessary; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Vaziance application, and notice of the hearing, together with it purpose, was given by its publication in a newspaper of genera] 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 hearing; and j WHEREAS, the hearing was held at the time and place as advertised, namely April 08, 2009 at 6:00 p.m in the Council Chambers, 276 Fourth Avenue, before the Planning i Commission and the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence and testimony presented at the public heazing with respect to the Project, the Planning Commission voted 5-0-0-2Eo approve the Project BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista that it makes the following findings: That a hardship is peculiar to the property and not created by any act of the owner exists. A hadship exists with regard to the typical size and width of a lot for a commercial use, Even though the project meets the minimum 7,000 square-footlot size requirement of the CO zone, other commercial uses in the area are situated on parcels that are well above the Page 2 April 8, 2009 minimum lot size requirements, Adequate lot size is needed in order to provide the proper driveway width, parking, size of building, and setback requirements. The subject property is 7,400 square-feet, the other commercial lots within the surrounding area along Fourth Avenue and H Street, range between 13,000 square-feet to 40,000 square-feet. There is no requirement fox minimum lot width in the CO zone, however, in compazison to other CO zoned lots, the subject property is substandard, the subject property has a 50-ft lot width and can only be accessed from Fourth Avenue. Other CO zoned lots in the area have lot widths that range between 88-ft to 372 ft. A lot width of 50-ft does not allow for rear parking due to inadequate circulation and driveway width. Iherefore, the building is proposed at the rear of the lot and the front of the site would be used for the ' required parking A minimum lot width of 69-ft is needed for rear parking on the subject site, the applicant cannot provide suffcient pazkirig absent a setback vaziance After reviewing the plans and visiting the project site, staff' concludes that the variance is necessary to achieve a sufficient sized commercial building, logical placement of the building, and efficient pedestrian and vehicular circulation.. The hardship on the lot exists in the following: 1) substandard lot size and width for a commercial use; and 2) substandard lot width of 50-ft does not allow for reaz parking due to inadequate circulation and driveway width, compared to other commercial office zoned lots. 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 is necessary for the property owner to have an adequately sized medical office building on a small commercial lot.. the subject lot is substandard in lot size and lot width compared to the surrounding commercial lots and other CO zoned lots. With the City's change of the General Plan designation for this property and the other two properties to the north from Residential Medium (RM) to Commercial Offce (CO) on December 13, 2005, the City anticipates commercial use on this lot.. The approval of this variance would allow the property to be developed per the General Plan with an ' adequately sized commercial building. That the authorizing of such variance will not be of substantial detriment to the adjacent property and will not materially impair the purposes of this chapter or public interest„ the new location of the medical office building resulting from the variance request will be an extension of the other medical uses on the adjacent parcels to the south and, therefore, will not be detrimental to adjacent properties, the proposed use will not materially impair the purposes of the Zoning Ordinance, and public interest, Approval of the vaziance request would further the vision of the General Plan by facilitating commercial development on the site, Page 3 April 8, 2009 That the granting of this variance will not adversely affect the General Plan of the City or the adopted plan of any government agency. the approval of this variance and the associated rezone application would allow the commercial use to be built on this site, which would implement the General Plan designation of Commercial Office (CO) I'he granting of this variance will not adversely affect the Zoning Ordinance, Municipal Code, and General Plan of the City of Chula Vista. BE II FURIHER RESOLVED IHAI IHE PLANNING COMMISSION, BASED ON IHE FINDNGS ABOVE, approves the Conditional Use Permit subject to the following conditions: I The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Planning Division 1 the site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19, 2 Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1542 i Approval of this Variance is contingent upon approval of the Rezone application PCZ-09-O1 by the City Council, Engineering Division: 4, The Applicant shall dedicate to the City of Chula Vista two feet (2') right-of way along Fourth Avenue (Class 1 Collector) prior to Improvement Plan or Building Permit approval, which ever occurs first. 5, the following fees will be required based on the final Building Plans submitted: i a, Sewer Capacity Fee b. Irafflc Signal Fees c Public F acilities DIF d, Western IDIF e Other fees as may be applicable Page 4 April 8, 2009 6 Additional deposits and fees in accordance with the City Subdivision Manual, and Master F ee Schedule will be required fox the submittal of the following items: a. Grading Plans b Improvement Plan GRADING, DRAINAGE, AND SIORMWAIER: 7 If more than 250 cubic yards of earthwork is proposed, the Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Storm Water Management requirements, including, but not limited to, the following: a. Grading Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer b A Drainage Study and a Geotechnical/Soils Report aze required with the first submittal of Grading Plans. 8 the Applicant shall enter into a Storm Water Management Facilities Maintenance I Agreement to perpetually maintain private BMPs located within the project prior to issuance of any Grading or Building Permits, whichever occurs first. 9 the Applicant shall submit anginal forms 5500 and 5501 to the Engineering Division prior to approval of the grading or building permit. 10 Development of this project shall comply with all requirements of State Water Resources Control Boazd (SWRCB) NPDES General Permit No CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity, and any subsequent re-issuances thereof. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Storm Water Monitoring Program Plan (SWMP) shall be developed and implemented concurrent with the commencement of grading activities The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures the SWPPP shall also address operation and maintenance of post- construction pollution prevention measures, including short-term and long-term funding sources and the party or parties that will be responsible for the I implementation of said measures. Page 5 April 8, 2009 PUBLIC IMPROVEMENIS: 11 The applicant shall obtain a Construction Permit from the Engineering Division of the Development Processing Depaztment to perform the following work in the City's right-of--way, prior to Engineering's release of any Building Permit The Improvement Plan shall include but not limited to: a, Removal and replacement of broken or damaged curb, gutter, and sidewalk shall meet the regulations of the San Diego Regional Standard Drawing SDRSD G-2, and G '7 along the project's frontages on Fourth Ave. b, Removal and replacement of existing driveway shall meet the design standards as shown in Chula Vista Construction Standard CVCS-lA. Dedication of Right of way may be needed in order to comply with ADA standards c, the Public Works Operations Sewer Section shall inspect any existing sewer laterals proposed to be used with the project and determine if they require replacement. 12, Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessazy Fire Department 13 the Applicant shall comply with Chapter 14 of the California Fire Code for Safety during demolition and construction.. 14 Prior to occupancy, the Applicant shall provide a Knox Vault at the main entrance to the building and at the fire control room 15 Prior to occupancy, the building shall be addressed in accordance with the following criteria: • 0-50 ft, from the building to the face of the curb=6-inches in height with a 2- inch stroke • 51-150 ft. from the building to the face of the curb= 10-inches in ehight with a 1 %2-inch stroke, • 151 ft from the building to the face of the curb= 16-inches in height with a 2- inch stroke 16 Prior to occupancy, the Applicant shall provide one 2AaOBC extinguisher for every square feet, or 75 feet of travel. Page 6 April 8, 2009 17 the building permit plans shall demonstrate a fire flow of 1,500 gallons per minute fora 2-hour duration 18 the Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating the fire flow is available to serve this project 19 the Applicant shall provide fire hydrants no greater than 300 feet apart for commercial properties 20 the project shall be protected by an approved automatic fire sprinkler system (1VFPA 13, system), and an approved fire alarm system (fire flow monitoring), II the following on-going conditions shall apply to the Project Site as long as it relies on this approval: 21, the conditions of approval for this Vaziance shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property 22, Approval of the Variance shall not waive compliance with all sections of Iitle 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance. I 23 the Applicant shall agree to indemnify, protect, defend and hold hazmless City, its City Council members, offcers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site The Applicant shall acknowledge their agreement to this provision by executing a copy of this Variance where indicated below the Applicant's compliance with this provision shall be binding on any and all of the Applicant's successors and assigns.. 24 This Variance 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 variance to be reviewed by the City for additional conditions or revocation. Page 7 April 8, 2009 III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL the Applicant shall execute this document signing on the lines provided below, indicating that the Applicant have each mead, understood and agreed to the conditions contained herein, and will implement same,. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Applicant, and a signed, stamped copy returned to the City's Development Services Department Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval Sig o Property Owner Date 440 Fourth; ~ j Signa't pplicant Date IV.. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation., Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. V. 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 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. Page 8 April 8, 2009 PASSED A1ND APPROVED BY IHE PLANNING COMMISSION OF IHE CIIY OF CHULA VISTA, CALIFORNIA, this 8th day of April, 2009, by the following vote, to-wit: AYES: Felber, Vinson, Tripp, Spethman, Thompson NOES: ABSENI: Clayton, Moctezuma ABS IAIN: William C Tripp, ChaJx AIIESI: Diana Vargas, Secret`hry Presented by: VV Approved as to farm by: s~ ~ ~ _ ~ t~iar'' Halb E , At "P Ba Miesf _ Deputy City Manager/Development Services Director '(L' City ey 1:\Planning\CAROLINE\Discretionary Permits\Office Bldg 440 Fourth Ave\Draft PC RepoRS\ZAV-09-03 PC Reso doc oo~ # ~oa~-~~~~s~~ II I I II I I II III I I I II IIII III I II I I IIII IIII II! Recording requested JUL 30, 2009 9:07 AM by: City of'Chula Vista ~~;,aN DIEU'D~ Dl1NTY RECOR'DER'S OFFICE n DA'dID L BUTLER, COONTY RELURDER After recording ; J ~ FEES: 000 return to: 1 City of ChulaOVista 1 PAGES: 9 276 F ourth Avenue i 111111'1111 VIII IIII) VIIIIIIIIIII VIII VIII VIII VIII VIII IIII VIII IIII IIII Chula Vista, CA 91910 Attn: F Briggs This space for Recorder's use only Resolution No. ZAV 09-03 Document TiBe i I THE ORIGINAL OF THIS DOCUMENT Recording requested WAS RECORDED ON JUL 30 2009 ty; DOCUMENT NUMBER 2009-0425386 City of Chula Vista DAVID L BUTLER. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME. 9:07 AM After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: E Briggs This space for Recorder's use only Resolution No. ZAV 09-03 Document Tltde i