HomeMy WebLinkAboutReso 2014-200 RESOLUTIO?�' NO. 2014-200
RESOLUTION OF 7HE CITY" COLT?`'C[L OF THE CITl' OF
CHtiLA VISTA APPROVIIvG A VARIAI�'CE. ZAV-14-02 TO
DEV'I.ATE FROM THE M.AaIA�1Li�4 3 1/2-FT. WALL HEIGHT
I?�' THE FROT'T SETBACK TO ALLO�' A 6-FT. FENCE TO
ENCLOSE THE S�'1MMING POOL/RECRE.4TION AREA O?�'
A 4.68 .4CRE SITE LOCATED AT 387� MAII�' STREET
WHEREAS, on September 19. 2014. a dul�- verified application for a Variance N�as filed
���ith the Citv of Chula Vista De��elopment Sen�ices Department b� Stone Creek Casitas, LLC
(Applicant); and
�'HEREAS. the application requests approval of a Variance to de��iate from the
ma�imum 3 1/2-ft. ��all heiaht in the front setback alone Main Street to allo��� a 6-fi. tubular steel
fence to enclose the s��imming pool/recreation azea associated ti�ith the construction of a 97-unit
multi-family apartment complex with carports, recreation building, and associated open space on
appro�imatel�� 4.68 acres (Project); and
WHEREAS, the area of land ���hich is the subject of this Resolution is an existing
pazcel located at .i87� ?�4ain Street (Project Site); and
WHERE.4S. the Development Sen�ices Director has re��ie���ed the proposed Project for
compliance with the Califomia Em�ironmental Quality Act and has conducted an Initial Stud}�_
]S-li-006; in accordance ���ith the Califomia En��ironmental Qualitv Act. Based upon the results
of the Initial Smd}�, the Development Sen-ices Director has determined that the Project could
result in siUnificant effects on the environment. Ho���ever; revisions to the Project made or
aereed to by the applicant �rould a��oid the effects. or mitieate the effects to a point ���here clearl}�
no sianificant effects �+�ould occur; therefore, the Development Semices Director has prepared a
A4itigated Neeative Declazation. IS-li-006 and associated Mitioation n4onitoring and Reportine
Proeram: and
VJHEREAS, the Director of De��elopment Services set the time and place for a hearine
on the Variance application. and notice of the hearine, toeether ���ith its purpose, «�as given by its
publication in a newspaper of 2eneral circulation in the City; and its mailino to propert}� o�+�ners
and residents ��ithin �00 feet of the exterior boundaries of the propem- at least ]0 da}�s prior to
the hearine: and
WHEREAS, the hearine was held at the time and place as ad�-ertised, namelv October 28,
2014 at 2:00 p.m. in the Council Chambers, 276 Fourth A��enue, before the Citv Council and the
hearine w�as thereafrer closed.
NOVd. THEREFORE. BE IT RESOLVED b�� the Cit�� Council of the Cirv of Chula Vista
that it hereb�� mal;e the followine findines:
Resolution No. 2014-200
Paee No. 2
]. That a hardship peculiar to the properh' and not created b�� an� act of the owner exists.
Pursuant to Chula Vista Municipal Code Section 19.14.190, the unique topograph}� of the site
creates a special circumstance resulting in a hardship for the property o�mer, denvine
development rights enjoyed bv surrounding properties. The site is bifurcated by a drainaee
channel (creek) that creates substantial site planning constraints. Sunounding properties do
not have this constraint. Site amenities that would typically be centrallv located must be
placed on either side of the drainage channel; necessitating the utilization of a portion of the
front yard setback for a required six-foot high s���imming pool fence. State and federal
requirements preclude the filling of the drainage channel, or any other use of the channel
other than as a H�ater�-a}�. Because the site slopes down appro�imatel�� 10 feet below the
surface leve] of Main Street, the six-foot high fence would not pose any visual or aesthetic
issues. The intent of the front setback fence hcight requirement would still be met since the
fence would not be immediatelv visible from Main Street.
2. That such a variance is necessan� for the preservation and enjo��ment of substantial
property� rights possessed b�� other properties in the same zoning districts and in the
same vicinih�, and that a ��ariance, if granted would not constitute a special privilege of
the recipient not enjoped by his neighbors.
The Project «-ill allow the Property Owner to build the condominium project, and associated
amenities; such as the recreation facilities similar to other property oNmers in the vicinity of
the Project. Other parcels surrounding the area are not burdened by constraints such as a
slope in the front of the property along Main Street.
3. That the authorizing of such ��ariance will not be of substantial detrimeut to the
adjacent propert�' and will not materiall�� impair the purposes of this chapter or public
interest.
The granting of this Variance will not be of substantial detriment to the adjacent property.
The other surrounding parcels are developed with single-family, commercial, or
developments and will not be adversely affected by the project.
4. That the granting of this ��ariance H•ill not adversely affect the General Plan of the Cih�
or the adopted plan of an�� government agenc��.
The granting of this Variance ���ill not affect the General Plan of the City. The project is
consistent with the General Plan; and all aspects of the Chula Vista Municipal Code other
than the required N-all height in the front of the lot.
BE IT FURTHER RESOLVED THAT THG CITY COUNCIL. BASED O1V THE
FINDINGS ABOVE; hereby appro��es the Variance subject to the follo��-ing conditions:
1. The follo�i�ine shall be accomplished to the satisfaction of the City, prior to issuance of
building permits, unless otherwise specified:
Resolution ivo. 2014-200
Pa�e No. 3
Planoing Di��ision
1. Prior to. or in conjunction ti�ith the issuance of the first buildino permit; the Applicant
shall pa}� all applicable fees. includine an}° unpaid balances of permit processine fees for
deposit account DQ-1767.
II. The folloHin� om�oing conditions shall appl}� to the Project Site as lone as irrelies on
this appro��al�
1. .4pproval of the Variance shall not ��aive compliance �rith anv Sections of Title 19 of
the CVMC, nor any other applicable laws and regulations in effect at the time of
building permit issuance.
2. The Propert� ONner and Applicant shall and do agree to indemnif}�, protect, defend
and hold harmless the Cim, its Cit�� Council members, officers, emplo��ees and
representatives, from and against an} and all liabilities. losses. damaees, demands.
daims and costs. includine court costs and attorne�`s fees (collecti��el��, liabilities)
incurred b�� the City arising. directh or indirecdv, from (a) City`s appro��ai of this
Variance and (b) City`s approval or issuance of am� other permit or action, ��hether
discretionan� or non-discretionary. in connection ti�ith the use contemplated on the
Project Site. The Propert�� O��mer and Applicant shall acl:no���ledee their agreement
to this provision b� eaecutine a cop�� of this Resolution ��here indicated belo��. The
Propert�� O���ner's and Applicant`s compliance with this provision shall be binding on
any and all of the Propem O��mer's and Applicanr s successors and assigns.
3. This Variance shall become void and ineffecti��e if not utilized ti�ithin three ��eazs
from the effective date thereof. in accordance with Section 19.14.260 of the CVA9C.
Failure to compl}� �+�ith any conditions of appro��al shall cause this permit to be
review�ed bv the Cit�� for additional conditions or revocation.
Ill. E\ECUTION OF RESOLtiT10N OF APPROVAL
The Propert}� OH�ner and Applicant shall execute this document siening on the lines
provided belo���, indicating that the Property Owner and Applicant ha��e each read.
understood and aereed to the conditions contained herein. and ��ill implement same. Upon
e�ecution, this document shall be siQned and returned to the City's Development Sen�ices
Departmert��
/ /, Z �f , / 'f
Date
/J . �1} , IGf
J es V. Pieri, Applicant Date
Resolution No. 2014-200
Pa<_�e No. 4
N. GOVERI��AIENT CODE SECTION 66020(d)(1), NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBI' GIVEN that
the 90 day period to protest the imposition of anv impact fee, dedication, resen�ation, or
other exaction described in this resolution begins on the effective date of this resolution
and am� such protest must be in a manner that complies ��ith Section 66020(a) and failure
to follo�� timel}� this procedure will bar any subsequent legal action to attack, review; set
aside; void or annul imposition. The right to protest the fees, dedications, reservations. or
other exactions does not apply to planning; zoning, grading, or other similar application
processing fees or service fees in connection with this Project; and it does not apply to
any fees; dedication, reservations; or other exactions which have been given notice
similar to this, nor does it re��ive challenges to any fees for which the statute of
limitations has previousl�= expired.
V. 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 accordin� to their terms, the City shall have the right to revoke or modify
all approvals herein �ranted, 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 ��iolation. Failure to satisf}- the
conditions of this permit may also result in the imposition of civil or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Cit}� Council that its adoption of this Resolution is dependent upon
the enforceabilit�- of each and every term, provision and condition herein stated; and that in
the event that any one or more ternis. provisions or conditions are determined by a Coun of
competentjurisdiction to be invalid, illegal or unenforceable, this resolution and the perniit
shal] be deemed to be automatically revoked and of�no rurther force and effect.
Presented v Approved as to form by
�
Kell roughton, FASLA f'ilen R. Go gins
Director of Development Semices City A erney
Resolution No. 2014-200
Pa�e No. �
PASSED. APPROVED. and .ADOPTED bv the Cit�� Council of the Cit�� of Chula Vista.
Califomia this 28th da� of October 2014 b� the follo�-ine ��ote:
AI'ES: Councilmembers: A�uilaz. Bensoussan. Ramirez. Salas and Cox
NAl'S: Councilmembers: None
ABSET�'T: Councilmembers: I�'one
Cher��l Cox. ?�4 or
ATTEST:
Donna R. Noms. C� C. ih� Clerk
STATE OF CALIFORI�'I.A )
COUI�TTY OF SAt�' DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Noms. Ciri Clerk of Chula Vista. Califomia. do herebvi certifv that the foreaoine
Resolution I�'o. 2014-200 was dul�� passed, approved. and adopted b}� the Cim Council at a
reeular meetine of the Chula \rista Cin• Council held on the 28th dav of October 201�.
Ezecuted this 28th dav of October 2014.
Donna R. Noms. C 4C. Cih Clerk