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HomeMy WebLinkAboutReso 2002-342 RESOLUTION NO. 2002-342 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING PRECISE PLAN ZONING PERMIT PCM-01-18 TO ALLOW THE DEVELOPMENT OF 12 TOWN HOMES IN SIX DUPLEX BUILDINGS TO BE LOCATED AT 777 ADA STREET (PCM-OI-18) A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 777 Ada Street ("Project Site"); and 2. Project Applicant WHEREAS, on February 21, 2001 a duly verified application for a precise plan zoning permit (PCM-01-18) was filed with the City of Chula Vista Planning Department by Jorge Sanchez ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, said applicant requests to develop a 12-unit condominium parcel map that is a 25 percent net density bonus as allowed by the Montgomery Specific Plan from what the R2P zoning would normally allow for the subject property and which may be given to development projects "characterized by outstanding planning or urban design" as part of the approval of the precise plan by the Planning Commission and City Council on the site ("Project"); and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on July 31, 2002 and voted 7 - 0 - 0 - 0 recommending that the City Council approve the project in accordance with Resolution PCM-01-18; and 5. 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 August 27, 2002; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. 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 July 31, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Resolution 2002-342 Page 2 C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator determined that the Project was exempt from the California Environmental Quality Act (CEQA) as a Class 32 exemption for infill developments on May 14, 2002. The Planning Commission adopted the attached Resolution PCM-01-18 including the exemption from CEQA on July 31, 2002 and recommending that the City Council approve the Project. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State Environmental Impact Report Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. PRECISE PLAN ZONING 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 a precise plan zoning permit, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That such plan 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 issuance of a precise plan zoning permit will not 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. In fact, the precise plan will allow for the development of a 12-unit condominium parcel map "characterized by outstanding planning or urban design" that will significantly improve the adjacent neighborhood, surrounding community and general vicinity. There will be 12 guest parking spaces in addition to two-car garages for each unit. There will be rear yards in excess of the 600-sq. ft. private open space requirement, and two large common open space areas with recreational amenities such as a "tot lot" and barbeque picnic areas. The 25 percent net density bonus as allowed by the Montgomery Specific Plan from what the R2P zoning would normally allow will add 2 units where only 10 units would be permitted for the subject property, which is desirable given that the project will then provide even more affordable housing relative to the current housing market. The development includes sufficient private and guest parking, private and common open space recreation areas, and may also be a catalyst for the potential redevelopment of this area in the future. 2. That such plan satisfies the principle for the application of the P modifying district as set forth in Section 19.56.041. Section 19.56.041 sets out four principles, one of which must be applicable to the proposed project before the Precise Plan modifying district may be applied. Based upon the facts presented, gection 19.56.041(C) would apply. This states that the basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. By strict interpretation, there could be only six single-family dwelling units according to the General Plan and Specific Plan land use designations of Residential Low Medium (3 - 6 dwelling units per acre). However, the Zoning of R2P allows for duplex developments utilizing the P (Precise Plan) modifying district overlay zone. Based on the zoning, up to 10 units could Resolution 2002-342 Page 3 be built based on a lot area of 41,000-sq. ft. allowing for one duplex for every 7,000-sq. ft. Therefore, in this case, the underlying zoning would not allow the 12 dwelling units being requested and the accompanying condominium map development unless it was approved by the Planning Commission and City Council as set forth in the Montgomery Specific Plan for a 25 percent density bonus. In order to accomplish this, a precise plan as set forth in the Zoning Code is the zoning permit mechanism being utilized to provide the required review and approval by the Planning Commission and City Council. 3. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. The only exception to be granted which would deviate from the underlying zoning requirements is an increase in the allowable floor-ama-ratio for R-2 zones. Pursuant to Section 19.26.180 the floor-area-ratio (FAR) limits the maximum building area to 55 percent of the lot. However, under the proposed site plan the design of the six two-story duplex buildings would increase the actual floor-area-ratio for the entire development to approximately 60 percent. This deviation is appropriate because the exterior architecture of the duplex buildings is exceptional and the individual units incolporate features found in well designed single-family homes, such as porch entries, open loft areas, raised ceilings, kitchens with bay windows, large bedrooms with bathrooms and walk-in closets, a study or den, laundry rooms, and ample storage space within the units adjacent to the two-car garages. The Design Review Committee approved the architecture, and the City Council concurs with the Design Review Committee and the Planning Commission and finds that outstanding planning and urban design characterize the project as proposed. 4. That approval of this plan will conform to the general plan and the adopted policies of the city. Approval of the Precise Plan-Zoning Permit will be in substantial conformance with the General Plan Land Use Designation of Low Medium Residential (3 - 6 dwelling units per acre) in that the same land use designation was provided for on the Montgomery Specific Plan Land Use Map, and the adopted policy of the City Council for this area was that the R2P zoning overlay would be consistent with the General Plan and Specific Plan. The increase in density from 10 units under the R2P zoning to 12 units is provided for by the Montgomery Specific Plan as a density bonus of 25 percent for developments "characterized by outstanding planning or urban design," as long as they am approved by the Planning Commission and City Council. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Precise Plan Zoning Permit PCM-01-18 subject to the following conditions whereby the Applicant and/or property owners shall: 1. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the applicant shall satisfy the following requirements: Planning and Building Depa~ hnent Conditions: a. Provide revised plans and elevations incorporating all conditions of approval. The revised plans and elevations shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permit. Resolution 2002-342 Page 4 b. Provide plaming and irrigation plans incorporating all conditions of approval. The planting and irrigation plans shall be revised in conformance with a revised conceptual landscape plan, subject to review and approval by the City Landscape Architect prior to issuance of building permit. c. A water management plan shall be prepared and submitted with the conceptual landscape plan for review and approval by the Landscape Planner prior to issuance of building permit. d. A fencing plan shall be provided indicating all perimeter fencing to be provided. The fencing plan shall be incorporated with the planting and irrigation plans and submitted for review and approval by the Landscape Planner prior to the issuance of building permit. e. Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided that includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent properties, and shall be reviewed and approved to the satisfaction of the Planning and Building Director. f. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. g. All building permit plans shall be reviewed for conformance with this Precise Plan Zoning Permit. Building Plans shall comply with 1998 Building, Mechanical, Plumbing, and National Electrical Code article 500. Building shall comply with handicapped accessibility requirements and 2001 Title 24 energy requirements. Building separation must be maintained at minimum 6-ft. or else be fire rated. h. Conditions, Covenants, and Restrictions (CC & R's) shall be provided for review and approval by the Planning Department. The document shall be reviewed and approved to the satisfaction of the Planning and Building Director prior to recordation of this Precise Plan Zoning Permit. i. Revise the site plan as required under condition 1-b in accordance with the Design Review Committee requirements. A revised site plan will show the common open space to the west of the access driveway relocated between the first two duplex buildings, or between units 3 and 5. In addition, stamped concrete will delineate the entrance crossing and the two open space crossings of the access driveway. Resource Recycling and Conservation Coordinator Conditions: j. Residential properties shall have trash enclosures, bins, or carts that meet the design specifications of the City Conservation Coordinator. The locations and orientation of storage bins and dumpsters must be pre-approved by the City franchise trash hauling company. Provide sufficient space for designated recyclables. The applicant shall contact the City Conservation Coordinator at 691-5122. Fire Department Conditions: Resolution 2002-342 Page 5 k. Obtain the necessary permits from the Fire Department. All units shall include fire sprinklers in conformance with Fire Department requirements. Public Works Department Conditions: 1. Ail requirements of the Public Works Department shall be met prior to issuance of building permits. Applicant shall pay all Engineering Division fees including but not limited to sewer capacity and connections, development impact for public facilities, and traffic signal fees as defined in the development checklist as part of the building permit application. m. Applicant shall obtain a grading permit if determined to be required prior to issuance of building permits. Any work performed in the public right-of-way such as construction of driveways and installation of a new sewer lateral shall require a construction permit from the office of the City Engineer. n. The driveway approach shall be constructed per Chula Vista Design Standards. An alley type driveway including pedestrian ramps per City and ADA standards shall be installed. The interior driveway shall be designated as a private road, and all on-site sewage and drainage facilities shall be considered private. o. Applicant shall submit a geotechnical investigation for the proposed construction. The project shall be designed to drain away from the neighboring structures to the satisfaction of the City Engineer. p. Applicant shall implement Best Management Practices (BMP's) to prevent pollution of the storm water conveyance systems, both during and after construction. According to the National Pollutant Discharge Elimination System (NPDES) Municipal Permit Order No. 2001-01, the project is considered Priority Development Project Categories, and is required to comply with the Standard Storm Water Mitigation Plans (SUSMP's), and Numeric Sizing Criteria. Contact the San Diego Regional Water Quality Control Board at (858) 467-2971 to insure compliance with the relevant laws and regulations. Police Department Conditions: q. The proposed development shall participate in the Crime Free Multi-Family Housing Program prior to issuance of building permit. Contact the Crime Prevention Unit at 691-5127 for more information. Other Conditions: r. Applicant shall contact the Chula Vista Fire Department about required fire flow requirements and submit a letter to the Sweetwater Authority stating the requirements. The Authority will determine if there is a need for new or substantial alteration to the existing water systems, as well as the availability of water for operational and fire protection purposes. s. Applicant shall pay all required fees of the Sweetwater Union High School District and the Chula Vista Elementary School District prior to issuance of building permit. 2. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: Resolution 2002-342 Page 6 a. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, Title 19, and the Montgomery Specific Plan. b. Prior to any use of the project site and/or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. c. All landscape and hardscape improvements shall be installed in accordance with the approved landscape plan and the comments of the City Landscape Planner. d. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. e. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. f. A fire flow of 3,000 gallons per minute for duration of three (3) hours must be provided. The back flow preventor shall be screened from view, and the Fire Department connection shall not be located with the back flow preventor. g. A fire hydrant shall be installed in the front of the proposed development. If at anytime a motorized gate is installed it must be provided with an Opticom system and Knox key switch for fire department entry. Provide a visible address to be seen from the main access road. h. A 150-watt streetlight shall be installed at the westerly side of the property frontage on Ada Street to the satisfaction of the City Traffic Engineering Section. i. Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department for specific recommendations on access control, surveillance detection, and police response prior to issuance of certificate of occupancy. j. The Precise Plan approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 3. The following on-going condition shall apply to the subject property as long as it relies upon this approval. a. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. b. Buildings and Landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. Resolution 2002-342 Page 7 c. This Precise Plan permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental 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 Permit tee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. d. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council membem, 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. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. 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 of Applicant's/operator's successors and assigns. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicte the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in_~abeyance ~]ithout apprp~,al. Said document will also be on file in the City Clerk's office. .~'~n[dffe Of P, roperiy Owner , ., Da Signature of Regre~entative ~ / , Date J H. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council 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 Resolution 2002-342 Page 8 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 Robert A. Leiter ,J.~ M. Kaheny ~ Planning and Building Director ~-C~ty Attorney c-/ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of August, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton, ~ayor 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. 2002-342 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of August, 2002. Executed this 27th day of August, 2002. Susan Bigelow, City Clerk