HomeMy WebLinkAboutPlanning Comm Reports/2003/01/22
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
Wednesday, January 22, 2003, 6:00 p.m.
Council Chambers
276 Fourth Avenue, Chula Vista,CA
CALL TO ORDER: Hall
Madrid
O'Neill
Cortes
Castaneda
Hom
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on
any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: PCC 03-15; Conditional Use Permit to install, operate and
maintain a wireless telecommunications facility consisting
of a 55 foot high monopine supporting twelve panel
antennas, and an associated equipment area at Smart Self
Storage, 816 Miller Drive. Nextel.
Staff Recommends that this public hearing be continued to February 12, 2003.
2. PUBLIC HEARING: PCC 02-62; Conditional Use Permit for the operation of a
convenience market, including the sale of alcoholic
beverages, and the operation of four gasoline pumps and
an automatic car wash in the mixed-use "Heritage Town
Center" development located in Village One, Otay Ranch.
Project Manager: Rich Whipple, Associate Planner
3. PUBLIC HEARING: PCC 03-30; Conditional Use Permit to construct a 1,192.5
sf detached single-family home behind an existing 737 sf
single-family home at 528 Casselman Street in the R-3
Apartment Residential Zone.
Project Manager: Lynette Tessitore-Lopez, Associate Planner
Planning Commission
- 2-
January 22, 2003
4. PUBLIC HEARING: ZAV 02-19; an appeal of the Zoning Administrator's
decision to deny an application for a variance from the
two-car garage requirement of the R-1 Single-Family
Residential Zone. Applicant: Pamela Bensoussan
Project Manager: Lynette Tessitore-Lopez, Associate Planner
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance
for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at
585-5647. California Relay Service is also available for the hearing impaired.
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0lY OF
CHUIA VISTA
Deparbnent of Planning and Building
Date:
January 22, 2003
To:
City of Chula Vista Planning Commission
From:
Kimberly Vander Bie - Associate Planner '4.fl
Subject:
Continuance ofPCC-03-15, Nextel, 816 Miller Drive
At the December 18,2002 Planning Commission hearing, PCC-03-15, Nextel, 816 Miller Drive was
continued to the January 8, 2003 Planning Commission hearing so that coverage plots could be
prepared for the Planning Commission's review. The coverage plots were not available for the
January 81h meeting so the project was continued to January 22"d,
The coverage plot information provided by the applicant for this evening's meeting is insufficient.
Therefore, PCC-03-15, Nextel, 816 Miller Drive should be continued to the February 12,2003
Planning Commission hearing.
PLANNING COMMISSION AGENDA STATEMENT
Item: 2-
Meeting Date: 01/22/03
ITEM TITLE:
Public Hearing: PCC-02-62; Request to consider granting a
Conditional Use Pel111it (CUP) for the operation of a convenience
market, including the sale of alcoholic beverages, and the operation of
four gasoline pumps and an automatic car wash in the mixed-use
"Heritage Town Center" development located in Village One, Otay
Ranch. Applicant - Otay Ranch Commercial One, L.L.c.
Otay Ranch Commercial One, L.L.c. is requesting approval of a Conditional Use Pel111it for the
construction and operation of a 2,350 square-foot convenience market that includes the sale of
alcoholic beverages, the operation of a 4-pump, 1,500 square-foot gasoline fuel dispensing island
and an 800 square-foot automatic car wash facility on approximately one-half acre in the "Heritage
Town Center" mixed-use development project in Village One ofOtay Ranch.
The City's Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act and has detel111ined that the proposed project would
result in no new impacts that were not identified in the previously adopted Final Second-Tier
Environmental Impact Report for the proposed Otay Ranch SPA One and GDP/SRP Amendments
(FEIR-97-03). Thus, no further environmental review or documentation is necessary.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. PCC-02-62 granting a Conditional Use Pel111it
for the operation of a convenience market, including the sale of alcoholic beverages, the operation of
four gasoline pumps and an automatic car wash in the mixed-use "Heritage Town Center"
development located in Village One, Otay Ranch.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable.
DISCUSSION:
The proposed project includes a 2,350 square-foot convenience market, the operation of a 4-pump,
1,500 square-foot gasoline fuel dispensing island and an 800 square-foot automatic car wash facility
located on approximately one-half acre of land at the "Heritage Town Center" mixed-use
development in Village One ofOtay Ranch. The site plan for the project was approved by the City's
Design Review Committee (DRC-01-23) on January 22, 2001. Since the design of this project was
already approved by the City's DRC, this application's focus is directed toward the specific uses.
The project is a part of the 1 O-aere mixed-use development "Heritage Town Center" that combines
commercial, office and residential uses along East Palomar Street in the core area of Village One.
I
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Page 2, Item_
Meeting Date 01/22/03
The planned convenience market/gasoline station is located at the northwest comer of the overall
development (see Attachment #1). This facility is proposed as the final phase of the project. The
balance of the mixed-use project, including the multi-family apartment and commercial/office space,
is currently under construction and is slated to open in the spring of2003.
Pursuant to the requirements of the Otay Ranch Sectional Planning Area (SPA) One Plan, Planned
Community District Regulations, the Village Core District requires approval ofa Conditional Use
Pel111it for the operation of gasoline pumps, automatic car wash facilities as well as the sale of
alcoholic beverages within the convenience market during regular store hours.
I. Site Characteristics
The convenience market development is located on the northwest comer of the "Heritage ToW11
Center" project in the Village One Core bounded by Santa Rita on the west and the Sharp Rees
Stealy Medical Clinic on the east. The proposed development makes up the final phase of the
"Heritage Town Center" in the Village One Core on the south side of East Palomar Street adjacent to
Heritage Park. Most of the site is currently under construction. The Heritage Park site across East
Palomar Street to the north opened in August of2002. The balance of Village One is mostly built
out. Access to both Heritage Road and La Media Road are provided trom East Palomar Street. The
proposed future extension ofthe transit system will eventually travel through the Village One core in
the center median of East Palomar Street.
2. General Plan, Zoning and Land Use
General Plan
The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for
urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to
contain higher residential densities and a variety of mixed-uses in the "Village Cores", surrounded
by single-family homes in the secondary residential areas outside ofthe village cores. The General
Plan designates residential land uses in Village One as Low-Medium Village (LMV) at 3-6 dwelling
units per acre and Medium at 6-1 I dwelling units per acre. In addition, there is a Village Core (VC)
land use, as well as land uses for parks and recreation and an elementary school, all consistent with
the land use designations for the Otay Ranch GDP.
Zoning
The Otay Ranch is zoned Planned Community (PC) as are the other master planned communities
such as Sunbow and EastLake. Land development regulations are contained in the Planned
Community District Regulations within each master planned community SPA Plan along with a
zoning boundary map designating a zone for each neighborhood. Village One is designed as an
"urban village" (containing mixed-use commercial and multi-family residential in a village core).
...,
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Page 3, Item_
Meeting Date 01/22/03
The project is located in Neighborhood C-l a11d is zoned Commercial.
Land Use
Most of Village One is built-out (under the current SPA Plan) except for the mixed-use project a11d
the CPF-2 site. The land uses envisioned for the Village One Core, including the commercial/retail
component, and specifically the convenience market/gasoline station are based on the design goals of
the SPA One Village Design Plan and Village One Master Precise Pla11. The adopted Otay Ranch
SPA One Plan a11d Planned Community District Regulations specifY uses pemaitted in the various
zoning districts of SPA One. The subject development affects the C-l Commercial District in the
Village One Core. The proposed uses in the proposed project are subject to the Pemaitted Use
Matrix described in the SPA One Planned Community District Regulations.
3. Proposed Plan
The project site locates a 2,350 square-foot convenience market building at the northwest comer of
the development site located on the comer of East Palomar Street and Santa Rita. The convenience
market is the focal point for the project that also includes the operation of a 4-pump, 1,500 square-
foot fuel dispensing island and an 800 square-foot automatic car wash facility located behind the
convenience market.
Site Plan & Architecture
The site plan and architecture for the project was approved with Design Review in 2001. The
design of the convenience market orients the building toward the pedestria11 streetseape along the
Village Pathway on East Palomar Street to provide visibility to pedestrian a11d vehicle traffic. The
convenience market building will include two pedestrian entra11ces on the east a11d south sides ofthe
building. As a result of an existing slope on the northwest comer of the convenience market
building, the entry for the market is not oriented toward East Palomar Street. A trash enclosure for
the project is attached to the southwestern comer of the convenience market building a11d will
contain a steel dumpster container as well as recyclables containers. An existing split-face block
retaining wall ra11ging in height from 3 feet to 6 feet is located along the western property line that
runs the entire length of the property.
The 1,500 square- foot fuel-dispensing island, containing four gasoline pumps, is located behind the
convenience market adjacent to the automatic car wash. Above the gasoline pumps is a11 arched
canopy structure that includes complimentary design to the surrounding buildings. The arched
canopy varies in height from 14-17 feet. The gasoline pumps have also incorporated the Otay Ra11eh
community stone materials into the design of the pump dispensing structure that supports the
canopy.
3
Page 4, Item_
Meeting Date 01/22/03
The 800 square-foot automatic car wash facility is located on the western edge of the property,
behind the convenience market. The car wash building is approximately 45 feet long and will
contain an interior wash facility as well as an exterior equipment room. The proposal includes a car
wash that is fully automated, and will not require any manual "hand" washing or drying by
attendants. Vehicles will enter the car wash facility from the south end and exit at the north end of
the structure. The building will consist of concrete masonry construction with a closed roof and
specialty bi- folding doors at each end. The interior wash facility consists of a mechanical assembly
that moves back and forth on a track over a stationary vehicle during a wash cycle. A full wash
cycle will last between five and six minutes, during which the pressure wash and dryers each run for
approximately ninety seconds. The special bi-folding doors will be closed at each end during the full
wash and dry cycle. The mechanical assembly includes on-board sprayers, pumps and dryers.
Recycled water is used for the detergent wash portion of the wash cycle. Best Management Practices
are included in the facility in the form of water collection and separation.
The environmental review for the car wash facility identified significant noise generation from the
mechanical wash and dryer equipment during normal operations, which has resulted in the
preparation of an acoustical analysis/noise study for the project. In order to address the impacts
identified by the noise study, project design conditions including the addition of special bi-folding
doors will be closed during the wash and dry cycle. This design feature significantly reduces noise
levels to acceptable levels, therefore, would result in no new impacts that were not identified in the
previously adopted FEIR-97-03 for the project. It is staffs understanding that the addition ofthe bi-
folding doors to this car wash would be the first of its kind in San Diego County. It is important to
note that no additional equipment or uses such as vacuuming equipment, public-address systems,
manual auto-detailing or manual washing or drying or other exterior noise generating equipment will
be permitted on-site at any time. In addition, the plan also includes two 20-foot long, 6-foot high
metal panel screen fences at each end of the car wash structure on the west side for screening
purposes.
The convenience market proposes to offer alcohol beverage sales for off-site consumption only.
Staff has included conditions of approval recommended by the Police Department that address the
sale of alcohol by the convenience market. The gas station and convenience market would operate
daily from 4:00 a.m. - 12:00 a.m. The car wash facility will be limited to hours 01'7 a.m. - 10:00
p.m. on weekdays, and from 8:00 a.m. - 10:00 p.m. on weekends.
Signage
Individual signage for the convenience market/gasoline station will be subject to review and
approval by the City pursuant to the SPA One Plan, Sign Regulations, the Village One Master
Precise Plan and the approve Heritage Town Center Sign Criteria Program. The project plans call
for the placement of a free-standing, double-faced, internally-illuminated gas station sign at the
northwest comer of the site in the parkway area. This sign would be oriented toward the street and
measure 4-feet, 6-inehes wide by 5-feet high. The sign base would measure 7-feet wide by 6-feet
y
Page 5, Item_
Meeting Date 01122/03
tall. The proposed sign would be internally illuminated and would consist of translucent vinyl
background materials and lettering. Additional signage on the project will be placed on the
convenience market and gasoline pump canopy. The tower element on the convenience market will
include the gasoline name and car wash on all four sides ofthe tower. The market name would also
be placed on all four sides of the building just above the windows and entries. The gasoline name
would be placed on both sides and ends of the canopy structure over the gasoline pump island. At
this time, staff is unaware of the gasoline name or market name.
Parking and Circulation
Nine parking spaces have been provided for the convenience market/gas station project on the east
side of the convenience market that includes six pull-in stalls and three parallel spaces. Staff has
detemained that the convenience market/gas station project meets City off-street parking
requirements. Vehicular access to the convenience market and gasoline station will be served from
an entrance off of Santa Rita to the west and from an entrance off of East Palomar Street to the north.
The East Palomar Street ingress/egress is a right-turn entry and exit for eastbound traffic. This
access will feature enhanced paving along the Village Pathway to provide continuity for pedestrians
crossing the driveway.
The interior vehicular parking lot and circulation plan layout is consistent with the policies of the
SP A One Village Design Plan and the Design Review approval and has been detemained by staffto
be in confomaanee with City parking lot standards with regard to such issues as minimum driving
lane widths and stall sizes. The gasoline pump island and car wash within the project are located at
the rear of the convenience market and a significant distance away from the two main access points
in order to avoid conflicts. In order to clearly identify vehicular traffic flow for the car wash entry
and exit, additional signage and pavement legends will be required to avoid confusion and vehicle
"stacking" in driveway lanes. Staff has added conditions of approval to address the vehicular
circulation within the project.
Landscaping
Landscaping for the project was prepared and approved with the Design Review (DRC-01-23) site
plan in 2001. The landscape plan calls for the placement of the Promenade Street landscaping
alongside the convenience market and car wash building adjacent to Santa Rita on the west side of
the proj ect. Street trees and shrubbery will be located on the south and west sides of the property as
part of the streetscape plan for Santa Rita and the main entry to the development. A small area on
the East Palomar Street frontage also contains existing Aristocrat Pear and Mexican Fan Palm trees
as part of the Village Pathway construction.
Staff has included a condition of approval calling for the planting of vines on the existing retaining
wall along the western property line as well as along the fencing and western elevation of the car
wash building. The City Landscape Planner was involved in the approval ofthe landscaping plan as
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Page 6, Item_
Meeting Date 01122/03
part of the Design Review approval in 2001 and found it was consistent with all Otay Ranch SPA
One and City landscaping requirements.
4. Analysis
The Conditional Use Pel111it application for the convenience market/gas station in the "Heritage
Town Center" (Village One Core) is consistent with the requirements of the SPA One Plan. The
project site plan has been designed to complement the surrounding commercial and mixed-use
development area. As designed, the project should not have any detrimental impact upon
neighboring commercial uses.
The proposed design of the convenience market building, gasoline pump island, canopy and
automatic car wash building are intended to incorporate the colors and materials that are used in the
adjacent mixed-use project. Staff will include conditions of approval that address the noise impacts
from the car wash facility and the sale of alcoholic beverages from the convenience market. Hours
of operation for the convenience market, gasoline pumps and the car wash will be addressed as well.
CONCLUSION:
Staffbelieves that the convenience market/gasoline station project is consistent with the policies and
requirements described in the approved Otay Ranch GDP, Otay Ranch SPA One Plan, Village One
Master Precise Plan and approved Design Review Committee Site Plan (DRC-01-23). Staff
recommends the Planning Commission grant a Conditional Use Pel111it for said project subject to the
Conditions of Approval (see Planning Commission Resolution, PCM-02-62).
Attachments
1. Locator Map
2. Convenience Market/Gasoline Station Site Plan
3. Planning Commission Resolution (PCC-02-62)
4. Disclosure Statement
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTlON:
C) APPUCANT: OIay Commerciat One, LLC. CONDITIONAL USE PERMIT
PROJECT Corner of East Palomar Street Request: Proposal for the operation of a gas station
ADDRESS: and Santa Rita including a village market and car wash within the
SCALE: FILE NUMBER Heritage Town Center mixed-use project.
NORTH No Scale PCC-02-62 Related Case: 15-02-041
'7
ATTACHMENT #l
RESOLUTION NO. PCC-02-62
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT
(CUP) FOR THE OPERATION OF A CONVENIENCE MARKET,
INCLUDING THE SALE OF ALCOHOLIC BEVERAGES, AND THE
OPERA nON OF FOUR GASOLINE PUMPS AND AN AUTOMATIC
CAR WASH IN THE MIXED-USE "HERITAGE TOWN CENTER"
DEVELOPMENT LOCATED VILLAGE ONE VILLAGE ONE, OTAY
RANCH.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and described on Chula Vista Tract 96-04A, and is commonly known as
the Heritage Town Center Convenience Market/Gasoline Station ("Property"); and,
WHEREAS, a duly verified application (PCC-02-62) for a Conditional Use Pel111it
("Project") to consider granting a Conditional Use Pel111it (CUP) for the operation ofa convenience
market, including the sale of alcoholic beverages, and the operation of four gasoline pumps and an
automatic car wash in the mixed-use "Heritage Town Center" development located Village One
Village One, Otay Ranch was filed with the City ofChula Vista Planning and Building Department
on March 22, 2002 by Otay Commercial One, L.L.c., ("Applicant"); and,
WHEREAS, the Otay Ranch Sectional Planning Area (SPA) One Plan, Planned Community
District Regulation pel111its the sale of alcoholic beverages, the operation of gasoline pumps and
automatic car wash facilities pursuant to the Chula Vista Municipal Code, Title 19, Chapter 19.58
and the Otay Ranch, SPA One Planned Community District Regulations, Section III.2; and,
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area One Plan ("SPA One Plan") previously approved and amended by the City Council
On November 6,2001, wherein the City Council, in the environmental evaluation of said SPA One
Plan, relied in part On the original Otay Ranch SPA One Plan Final Environmental Impact Report
No. 95-01, ("FEIR 95-0 I") and amended Otay Ranch SPA One Plan Final Environmental Impact
Report No. 97-03, ("FEIR 97-03"); and,
WHEREAS, the development of the Property has been the subject matter of a Design
Review application previously approved by the City's Design Review Committee on January 22,
2001 (DRC-01-23); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has detel111ined that the
proposed project would result in no new impacts that were not identified in the previously adopted
Final Second-Tier Environmental Impact Report for the proposed Otay Ranch SPA One and
GDP/SRP Amendments (FEIR-97-03). Thus, no further environmental review or documentation is
necessary; and,
'I
ATTACHMENT #3
Resolution No. PCC-02-62
Page No.2
WHEREAS, the Planning Commission set the time and place for a hearing on said Project
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
gencral circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely
6:00 p.m. October 30, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOL VED THAT THE PLANNING COMMISSION,
does hereby approve Conditional Use Permit PCC-02-62 in accordance with the findings and subject
to the conditions and findings contained in Sections III, IV and V hereto.
I. COMPLIANCE WITH CEQA
The Planning Commission hereby finds that the Project, as described and analyzed in the
FEIR 97-03, would have no new impact that were not examined in said FEIR [Guideline
15 I 68 (c )(2)], and therefore, no further environmental review or documentation is necessary;
and,
II. ACTION
The Planning Commission hereby grants the Conditional Use Permit for the operation of a
convenience market, including the sale of alcoholic beverages, and the operation of four
gasoline pumps and an automatic car wash in the mixed-use "Heritage Town Center"
development located Village One Village One, Otay Ranch based upon findings contained
herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch
General Development Plan, and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning and zoning practice support their approval
and implementation.
III. CONDITIONAL USE PERMIT FINDINGS
The Planning Commission of the City ofChula Vista does hereby make the findings required
by the City's rules and regulations for the issuance of conditional use permits, as herein
below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated
finding to be made. The Planning Commission findings of fact are as follows:
a. That the proposed use at the particular 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 facility within the Heritage Town Center will provide the community a needed
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Resolution No. PCC-02-62
Page No.3
service for daily automotive and convenience needs. The provision of these services in close
proximity to home and work contributes to the general well being of the neighborhood and
community by al10wing residents to complete necessary, routine errands without the added
stress and traffic generation of driving longer distances. The location at the western end of
Heritage Town Center will allow easy vehicular as well as pedestrian access and promote
multiple-task trips.
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 facility has been designed and will operate in such a way as to avoid conflicts with the
adjacent residential units and commercial/office uses within the Town Center. Circulation
and access have been considered in placing the pump islands and car wash facility south of
the convenience store, with access from the interior of the lot. Site operations will comply
with all safety regulations regarding storage and operation of fuel tanks. The facility has been
designed as part of the larger Heritage Town Ccnter project and will include perimeter
landscaping, thus visually tying the facility into the overall development. The car wash will
use reclaimed water. An environmental analysis through an Initial Study (IS-02-041) was
perforn1Cd for the project site in accordance with the provisions of the California
Environmental Quality Act. The project applicant has prepared a noise study to demonstrate
that the proposed project is consistent with the conclusions presented in FEIR 97-03. Thus,
no further environmental review or documentation is necessary. Project design conditions
are included in the Heritage Town Center Gasoline Village Market, Gas Station and Car
Wash Acoustical Analysis Report dated December 10,2002 for the project and incorporated
herein as conditions of approval in Section IV.
c. That the proposed use will comply with the regulations and conditions specified in
this code for such land use.
The proposed use is located in a Commercial Zone within the Otay Ranch SPA One area.
The facility complies with required development and operating regulations including
setbacks, height and parking requirements contained in the Chula Vista Municipal Code, the
Otay Ranch SPA One document and the resolution of approval for DRC-01-23.
d. That the granting ofthis conditional use will not adversely affect the general plan of
the City or the adopted plan of any governmental agency.
The proposed use is consistent with the General Plan designation of Planned COl11l11unity,
Village Core. The project is consistent with the goals and objectives of the General Plan's
Land Use Element and the goals, objectives, policies and implementation measures described
for commercial facilities in the Otay Ranch General Development Plan in that it is:
compatible with the adjacent land uses; located adjacent a transit station; and integrated
/()
Resolution No. PCC-02-62
Page No.4
within the mixed-use development. This use is in compliance with the Chula Vista General
Plan land use designation, the Otay Ranch General Development Plan, and the Otay Ranch
SPA One Plan regulations. The granting of the Conditional Use Pennit will be in
compliance with the provisions ofthe Otay Ranch SPA One Plan ifthe conditions identified
in Section V of this Resolution are implemented.
IV. TERM OF GRANT OF PERMIT
The Planning Commission hereby grants a Conditional Use Pennit (PCC-02-62) subject to
the conditions as set forth in Section V.
V. CONDITIONS OF APPROVAL
Prior to the issuance of a building pel111it, the project applicant or property owner shall
submit building plans (and/or construction drawings) for the project forreview and approval
by the Director of Planning and Building subject to the conditions set forth below:
1. The Project is subject to all conditions of approval identified in DRC-01-23 approved by
fhe City' Design Review Committee on January 22,2001.
2. This Conditional Use Pennit shall become void and ineffective ifnot 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
pennit to be reviewed by the City for additional conditions or revocation.
3. Prior to the issuance of a certificate of occupancy for the new structures, all
landscaping and hardscape improvements shall be installed in accordance with the
approved landscape plan.
4. 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
Director of Planning and Building prior to the issuance of building pennits.
Additionally, the project shall eonfonn with Sections 9.20.055 and 9.20.035 of the
C.V.M.C. regarding graffiti control.
5. Plans for features such as sprinkler systems, stand pipes and alann systems must be
submitted and approved by the Fire Department prior to issuance of building pennits.
6. Provide "2A 10BC" rated fire extinguishers (within 75 feet of travel distance).
7. AI1 utility connections including outdoor mechanical equipment should be included on
the site plan, and shielded with an appropriate screening device. All roof appurtenances
including, but not limited to, air conditioning units and mechanical equipment are
1/
Resolution No. PCC-02-62
Page NO.5
required to be shielded and architecturally screened from view. The mechanical
equipment proposed for the roof shall comply with the regulations of SPA One Plan,
Section IlIA (screening), and shall be depicted and noted on the building plans to be
reviewed and approved by the Planning Division prior to issuance of building permits for
this development.
8. All project design conditions outlined in the "Heritage Town Center Gasoline Village
Market, Gas Station and Car Wash Acoustical Analysis Report" dated December 10,
2002 include the following:
a. The entrance and exit openings of the car wash shell shall be fitted with
"Ryko" automatic bi-folding doors (Part No. 6145). The Ryko doors shall be
sealed tightly to the shell structure and shall remain closed during carwash
cycles.
b. The proposed car wash shall minimize or eliminate any openings within the
walls or roof (such as for plumbing, electrical, or ventilation). Any required
air vents shall be ducted (muffled) or located away from sensitive receivers.
All proposed openings for plumbing or electrical shall be sealed with caulking
to eliminate gaps or holes.
c. Any openings in the roof and walls of the mechanical equipment room shall be
minimized or eliminated. Access openings, such as the door, shall be constructed
with a solid core, heavyweight construction and contain no vents, with an airtight
acoustical seal on the perimeter, such as rubber gaskets. Venting shall take place
internal to the car wash if possible, and not utilize vents pointed toward
residential areas. Ifvent locations are located on exterior walls, all exterior vents
shall be muffled.
d. The car wash air compressor and other associated mechanic equipment shall be
placed within the mechanical equipment room.
9. The convenience market and gas station hours of operation shall be limited to 4:00 a.m.
- 12:00 a.m. (daily).
10. The car wash facility hours of operation shal1 be limited to 7 a.m. - 10:00 p.m. on
weekdays, and from 8:00 a.m. to 10:00 p.m. on weekends.
11. The shall be no operation of additional equipment or uses such as vacuUl11ing equipment,
public-address systems, manual auto-detailing or manual washing or drying or other
exterior noise generating equipment at any time.
12. Provide and obtain approval from the Director of Planning and Building, a vehicular
/~
Resolution No. PCC-02-62
Page No.6
signage and pavement legend/striping plan to identify vehicular travel areas for the
automatic car wash entry and exit as well as gasoline pump filling areas in order to avoid
vehicle stacking and congestion.
13. Provide climbing vine plants at locations along the car wash building and adjacent fence
structures on the Landscape Plan.
14. Prior to the issuance of building pel111its, the applicant shall obtain a sign pel111it for all
proposed signage.
IS. No floor displays of beer or wine are allowed. All alcohol must be displayed in the
cooler area.
16. Locks shall be installed and maintained on cooler doors where alcohol will be displayed.
17. Beer shall be sold in quantities of no less than a six-pack. No sales of singles bottles or
cans are allowed.
18. Wine shall not be sold in bottles or containers smaller than 750 milliliters. Wine-coolers
shall not be sold in units of less than a four pack.
19. Schedule a security survey with the Crime Prevention Unit of the Chula Vista Police
Department and implement the recommendations resulting therefrom. Specific
recommendations may be provided for access control, surveillance detection, and police
response.
20. Alcohol sales shall be pel111itted only between the hours of 8 a.m. and II p.m.
21. This conditional use pel111it 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.
22. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
hal111less 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 attorney's fees (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval and issuance of this Special Use
Permit, (b) City's approval or issuance of any other pel111it or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
c) Applicant's installation and operation of the facility pel111itted hereby.
Applicant/operator shall acknowledge their agreement to this provision by executing a
copy of this Conditional Use Pel111it where indicated, below. Applicant's/operator's
compliance with this provision is an express condition of this Conditional Use Pel111it
I')
Resolution No. PCC-02-62
Page No.7
and this provision shall be binding on any and all of Applicant's/operator's successors and
assIgns.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their tel111s, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their tel111s, the City shall have the right to revoke or modify all
approvals herein granted, deny, revoke or further condition issuance of all future building
pel111its 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.
VII. INV AUDITY; 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 tel111, provision and condition herein
stated; and that in the event that anyone or more tel111s, provisions, or conditions are
detel111ined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution shall be deemed to be automatically revoked and of no further force and effect ab
initio.
VIII. 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 indicate the property
owners/applicant's desire that the project, and the corresponding application for building
penl1its and/or a business license, be held in abeyance without approval. Said document will
also be on file in the City Clerk's Office and known as document No. _.
Signature of Property Owner
Date
Signature of Representative of
Property Owner
Date
)<f
Resolution No. PCC-02-62
Page No.8
IX. ADDITIONAL TERM OF GRANT
This permit shall expire ten (10) years after the date of its approval by the Planning
Commission. After the first five (5) years, the Zoning Administrator shall review this
Conditional Use Permit for compliance with the conditions of approval, and shall determine,
in consultation with the applicant whether the Conditional Use Permit shall be extended for
an additional five (5) years. At any time prior to the ten (10) year expiration date, the
applicant may apply for an extension.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 22nd day of January, 2003 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
I(
THEC.
Appendix B
OF CHULA VISTA DISCLOSURE Sl. cMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
Otav proiect L. P.
Otav Commercial One L. L. C.
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
Jim Baldwin
Al Baldwin
3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No--X..-
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
Jim Baldwin Jason Baldwin Kent Aden Mary May
Al Baldwin
Kim Kilkenny
Frank Rice
Ranie Hunter
Lawrence Kourie
Andrew Malek
Chuck Cater
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Council member in the current or preceding election period? Yes _ No -L- If yes, state which
Councilmember( s):
, (NOTE: ATTACH ADDITIONAL PAGEp A:NEr;ESSAR,Y) "'11/ / . I
b/IJ1D:Y ~z1tk/1LU~~
/ ~ Signature of contractor/applicant
Date:
Ranie Hunter
Print or type name of contractor/applicant
* Person is defined as' "Any individual, firm, co-partnership, joint venture, association. socia! club, freaternai organization corporation.
estate. (rust, receiver, syndicate. this and an.v other county. city and country. city municipaiity, district, or other political subdivision, or any
other group or combinacion acting as Q unit. " ) (,
ATTACHMENT #4
PLANNING COMMISSION AGENDA STATEMENT
Item: ...3
Meeting Date: 01/22/2003
ITEM TITLE:
Public Hearing: Conditional Use Pennit PCC-03-39, proposal to construct
an 1192.5 square-foot detached single-family home behind an existing 737
square-foot single-family home at 528 Casselman Street in the R-3
Apartment Residential Zone. Applicant: Adriana and Cesar Cassani
A single-family detached residence in the R-3 Zone is subject to approval as a Conditional Use per
Section 19.28.040 ofthe Chula Vista Zoning Code.
The Environmental Review Coordinator has concluded that this project is a Class 3(a) categorical
exemption from environmental review (CEQA Section 15303 (a) new construction and location of
limited numbers of new, small facilities or structures).
RECOMMENDATION: That, based upon the findings offact, the Plarming Commission adopt
the attached Resolution PCC-03-39, to authorize the construction of the second detached single
family residence at 528 Casselman.
DISCUSSION:
1. Site Characteristics
The subject property consists of one 737 square foot detached single-family residence and a one car
attached garage on a 7,336 square- foot lot. The site is situated west of Fifth Avenue, east of
Broadway and is bordered by "0" Street to the north and McIntosh Street to the south. The site is
immediately surrounded by other single-family residences with apartments to the east and west and
a duplex directly to the north of the site.
2. General Plan, Zoning and Land Use
The project is located in the R-3 - Apartment Residential Zone, and has a General Plan Land Use
Designation of Residential Low Medium (3-6 dwelling units per gross acre). The R-3 Zone stipulates
that detached single-family dwelling units are subject to discretionary review and require a
Conditional Use Permit. The land use appears to be consistent with the existing general plan and
zoning designations for the lot and surrounding area.
General Plan
Zoning
Current Land Use
Site:
North:
South:
Residential, Low-Medium R-3
Residential, Low-Medium R-3
Residential, Low-Medium R-3
Single-family residential
Single-family residential
Two-family residential
I
East:
West:
Residential, Low Medium R-3
Residential, Low-Medium R-3
Multi-family residential
Two-family residential
3. Proposal
The proposal is to build an 1192.5 square foot single-family residence above a 2 two-car garage
behind an existing 737 square foot single family residence. The existing one car garage would be
demolished and replaced with one of the new two-car garages in the back. The applicant proposes to
retain existing landscape as well as provide new landscaping throughout the lot.
The new single-family residence will match the existing single-family residence in color and
material. As part ofthis proposal the applicant will stucco and paint the existing residence the same
color as the new residence to ensure that there will be eonfomaity of all structures on the lot.
ANALYSIS:
DEVELOPMENT STANDARD
Height
Lot Coverage
Setbacks:
Front
Rear
Sides
Parking
ALLOWED
28/45 feet
50%
PROPOSED
Proposed 22 feet
26%
15 feet
15 feet
5 feet
Two-Car Garage
24.6 feet
IS feet
15/7 feet
Two-Car Garage
Typically, multi-family zones will require CUP's for detached single-family residences as a means
of preserving valuable land for more intensive residential development. In this case, the proposed
second single family residence is an appropriate use for the 7336-square-foot lot located in the R-3
Zone, where, according to the Chula Vista General Plan, a variety of housing types are pemaissible
within the character of the "range" of residential density of an area so long as such development is
compatible with existing and proposed surrounding land use patterns. The smaller lot size makes this
type of development more appropriate than a more intense development with fewer on site amenities.
CONCLUSION:
Staff recommends approval of the proposed conditional use permit to allow the owner to build a
second single-family residence behind 311 existing single-family residence located at 528 Casselm311
Street, in accord311ce with the findings and conditions of approval in the attached Planning
Commission Resolution PCC-03-39.
Attachments
1. Locator Map
2. Conditional Use Pennit Application
3. Resolution PCC-03-39
.;)....
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING THE CONDITIONAL USE PERMIT, PCC-03-39, A PROPOSAL TO
CONTRUCT AN 1192.5 SQUARE-FOOT DETACHED SINGLE-FAMILY HOME
BElliNO AN EXISTING 737 SQUARE-FFOT SINGLE-FAMILY HOME AT 528
CASSELMAN STREET IN THE R-3, APARTMENT RESIDENTIAL ZONE.
WHEREAS, on October 30,2002 a duly verified application for a conditional
use permit was filed with the City of Chula Vista Planning Department by Adriana
Cassani; and
WHEREAS, the application for the conditional use permit is for a second
detached single-family residence behind an existing detached single-family residence on
an R-3, Apartment Residential lot; and
WHEREAS, in accordance with Chula Vista Municipal Code 19.28.040 a
conditional use permit is required for single-family homes in the R-3 Zone; a
WHEREAS, the Environmental Review Coordinator, in compliance with the
California Environmental Quality Act (CEQA) has concluded that this project is a Class
3 categorical exemption from environmental review (CEQA Section 15303, new
construction or conversion of small structures); and
WHEREAS, in accordance with Chula Vista Municipal Code 19.14.040 a
public hearing is required for said matter; and
WHEREAS, the Planning Director set the time and place for a hearing on said
conditional use permit and notice of said 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 hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
January 22, 2003 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the
Planning Commission; and
WHEREAS, after considering all reports, evidence, and testimony present at
said public hearing with respect to the conditional use permit application, the Planning
Commission voted to approve the condition use permit; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby recommend approve of Conditional Use Permit PCC-03-39 in accordance with
the findings and subject to the conditions contained in this resolution.
.~
I. That the proposed use at this 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 development conforms with the development regulations of the R3 Zone to
promote and encourage an intensively developed residential environment. By meeting the
standards of the underlying zone and general plan designation the proposed use
contributes to the general well being of the neighborhood and the community. The
proposed structures will also confoma to all area and yard requirements, such as setbacks,
lot coverage and building height limitations.
2. 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 second detached single-family residence will not have a detrimental impact
upon the surrounding residential neighborhood. The second single-family residence and
the existing single-family residence will be architecturally integrated in terms of design,
building materials and colors used. In addition, all construction will be in confomaance
with the Uniform Building Code. The addition of two 20 foot by 20 foot garages will
protect the general welfare of the surrounding area and support the residential nature of
the project by preventing the establishment of parking spaces in an open parking lot
situation inappropriate to residential development as required by Chula Vista Municipal
Code 19.62. I 70.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The conditional approval of PCC-03-39 requires compliance with all conditions, codes,
and regulations, as applicable, prior to the final issuance date of any pemait or occupancy
of any facility on the site for the proposed project.
4.) 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.
This Conditional Use Permit is in compliance with the General Plan. The General Plan of
Chula Vista Section 6.2 supports the establishment of residential densities within
designated general plan densities so that a variety of housing types may be permissible
and shall not produce a haphazard or poorly coordinated land use pattern ITom the
standpoint of the principles of sound city and townscape planning. The proposed
detached single-family residence is compatible with the existing residence on the site and
the surrounding land uses, as well as supports the purpose and intent of the R - 3 Zone to
"provide appropriate locations where apartment house neighborhoods of varying degrees
of density may be established, maintained, and protected."
tf
BE IT FURTHER RESOLVED, the Planning Commission of the City of Chula
Vista hereby grants Conditional Use PeTI11it PCC-03-39 subject to the following
conditions, whereby the applicant and/or property owners shall:
PLANNING & BUILDING DEPARTMENT
1. The proposed single-family residence shall be developed and maintained in accordance with
the approved plans dated 01-22-2003, including a site plan, floor plan, and exterior
elevations.
2. The applicant must stucco and paint the existing building the same color as the new building
to ensure that there will be confoTI11ity of all structures on site.
3. Building PeTI11its shall be obtained and shall comply with 2001 Energy requirements, 2001
California Building Code, California Mechanical Code, California Plumbing Code, and
California Electrical Code.
4. Prior to issuance of building peTI11its, soils report will be required, which shall include
foundation recommendations for the proposed structure.
5. Washer and dryer on interior of building cannot be vented to outside using in excess of 2 90
degree bends and 14 feet of vent pipe from dryer. Dryer should go closest to exterior wall.
ENGINEERING
6. The applicant shall pay all applicable fees as required (not limited to the following fees)
based on the final building plans submitted: sewer capacity fee based on all new
construction or additional plumbing fixtures, traffic signal fees and public facilities
development impact fees. There may be requirements set at the time development takes
place and/or a building peTI11it is applied for, depending on final plans submitted for building
permits.
7. The lot shall be designed to drain away from neighboring properties to the satisfaction of the
City Engineer.
8. The applicant is required to implement Best Management Practices (BMP's) to prevent
pollution of the storm water conveyance systems, both during and after construction. (Refer
to the StOTI11 Water Management/Wastewater/Program Development Section Memorandum
and The City of Chula Vista Pollution Prevention Program for the Building Construction
Industry. )
SCHOOL DISTRICTS
7. Prior to issuance of building peTI11its, the applicant shall pay all appropriate school fees.
<:
SWEETWATER AUTHORITY
8. The applicant shall submit a letter to the Sweetwater Authority from the Chula Vista Fire
Department stating fire flow requirements. Based on this requirement, the Sweetwater
Authority will determine if there is a need for new water systems or substantial alteration to
the existing water system. Applicant shall implement any recommendations from the
Sweetwater Authority.
OTHER CONDITIONS
10. Any deviation from the above noted conditions of approval shall require the approval of a
modified conditional use permit. 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 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 source which the Permittee cannot, in the normal operation of the use permitted, be
expected to economically recover.
11. This permit 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 permit to be reviewed by the City
for additional conditions or revocation.
12. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees, agents 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,
(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 Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this Conditional Use
Permit where indicated, below. Applieant'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
13. 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.
14. 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 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 source, which the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
15. 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 anyone 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.
16. Execute this document by making a true copy of this letter of conditional approval and
signing both this original letter and the copy on the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to the
conditions contained herein, and will implement same. Upon execution, the true copy with
original signatures shall be retumed to the Planning Department. Failure to return the signed
true copy of this docUl11ent shall indicate the property owner/applicant's desire that the
project, and the corresponding application for building permits and/or a business license, be
held in abeyance without approval.
Signature of Representative
Date
Signature of Representative
Date
PASSES AND APPROVED BY THE PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA, this 22nd day of January, 2003, by the following vote,
to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
J:\Planning\Lynnette\administrative revlew\RESOLUTlON pccM03.39.doc
7
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C1T\' OF CHULA VISTA
Planning & Building Department
276 Fourth Avenue
(619)69J-5101
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Application Appendix "A"
PROJECT DESCRIPTION AND JUSTIFICATION
PROJECT NAME:
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APPLICANT NAME: p... d \'CU,(\ Cex SSCUli
Please describe fully the proposed project, any and all construction that may be accomplished
as a result of approval of this project and the project's benefits to yourself, the property, the
neighborhood and the City of Chula Vista. Include any details necessary to adequately explain
the scope and/or operation of the proposed project. You may include any background
information and supporting statements regarding the reasons for, or appropriateness of, the
application. Use an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "Findings" as listed in
listed in the Application Procedural Guide.
Descriotion & Justification.
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR .. PROJECT DESCRIPTION:
PROJECT
C) APPLICANT: ADRIANA CASSANI DESIGN REVIEW
PROJECT Request: Proposal to construct a second dwelling
ADDRESS: S28 CASSELMAN STREET
SCALE: unit(1, 129sq. ft.) on existing property. Zoned R3.
FILE NUMBER:
NORTH No Scale DRC-03-09 10
j:\home\planni ng\cherrylc\locators\dre0309 .cdr 08.26.02
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 01122/2003
ITEM TITLE:
Public Hearing: Variance Request ZAV-02-19, an appeal of the Zoning
Administrator's decision to deny an application for a variance from the
two-car garage requirement of the R-I Zone; Single-Family Residential
Zone. Applicant: Pamela Bensoussan
The applicant has proposed a lot split that would place an existing house on a new lot without
any covered parking. The Zoning Administrator denied the variance to waive the two-car garage
requirement.
An applicant or other interested parties may appeal the decision of the Zoning Administrator to
the Planning Commission within 10 days of the Zoning Administrator's Notice of Decision.
The Environmental Review Coordinator has concluded that this project is a Class 3(a)
categorical exemption from environmental review (CEQA Section 15303 (a) new construction
and location oflimited numbers of new, small facilities or structures).
RECOMMENDATION:
That, based upon the findings of fact, that the Planning Commission uphold the decision of the
Zoning Administrator to deny the request for a variance from the two-car garage requirement of
the R-I, Single-Family Residential Zone.
DISCUSSION:
I. Site Characteristics
The subject property currently consists of two single-family residences and one four-car garage
on the same lot. Both, 614 Second Avenue, the Nadine Davies House and 616 Second Avenue,
the Greg Rogers House are designated as historic and are entered into a Mills Act Contract with
the City of Chula Vista. The Mills Act is an incentive program for owners of historic homes
where they may receive a substantial reduction in their property tax assessment to preserve their
historic property. The property is located south of "I" Street and north of "]" Street with Del Mar
Avenue to the west in a single-family residential zone where the houses predominately have two-
car garages.
General Plan, Zoning and Land Use
The project is located in the R-I - Single-Family Residential Zone, and has a General Plan Land
Use Designation of Residential Low Medium (3-6 dwelling U11its per gross acre). The R-I Zone
stipulates all dwelling units shall have a two-car garage constructed on the same lot, as a
necessary and essential accessory building to the residential use of said lot. The request for a
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ZA Notice of Decision - ZA V-02-19
Page 2
variance is for relief from the requirements of the General Plan, Zoning or Land use of the
parcel.
General Plan
Zoning
Current Land Use
Site:
North:
South:
East:
West:
Residential, Low-Medium R-I
Residential, Low-Medium R-I
Residential, Low-Medium R-I
Residential, Low-Medium R-I
Residential, Low-Medium R-1
Single-family residential
Single-family residential
Single-family residential
Single-family residential
Single-family residential
3. Proposal
The need for the construction of a two-car garage is the result of the owner's intent to split the
existing lot into two lots. The owner would like to split the lot into two lots so that she may take
a mortgage out on the front lot (614 Second Avenue). Section 19.62.180 of the Chula Vista
Municipal Code requires that all dwelling units in the R-I Zone shall have constructed on the
same lot, a two-car enclosed garage containing a minimum of 400 square feet and minimum
dimension of 20 feet. The lot split would assign the four-car garage to 616 Second Avenue (The
Greg Rogers House) making 614 Second Avenue (The Nadine Davies House) a non-confol111ing
use without a garage.
ANALYSIS:
DEVELOPMENT STANDARD ALLOWABLE EXISTING (a)
Lot Coverage 40% 19%
Setbacks:
Front 15 ft 51ft
Rear 20 ft (b) 33 ft
Sides 10/3 ft 10/32 ft
Parking Two-car garage NONE
(a) The proposed front lot only
(b) Per CYMC t9.58.020 (4) a covered patio or detached accessory building (Le. garage) located in the
rear 30 percent of the lot, or back of the front 70 percent of the lot, shall be located either on a property
line or not less than three feet from such line.
The Zoning Administrator denied the request because it does not support the findings needed to
grant a variance. The applicant contends that the addition of a detached garage would diminish
the historical character of the property and violates the Mills Act Contract. The Nadine Davies
House was designated as historic and entered into a Mills Act Contract subsequent to the
addition of a deck and spa in the back of the house which neither was a part of the original
structure nor are typical of Craftsman BU11galow architecture. The Zoning Administrator did take
into consideration that the house is designated as historic and is entered into a Mills Act Contract
and determined that the two-car garage could be detached and placed in the rear of the property
which would neither breach the Mills Act Contract nor affect the historic integrity of the site,
ZA Notice of Decision - ZA V -02-19
Page 3
particularly as viewed from the street.
The Mills Act Contract is an agreement between the City and the owner of an historic home
whereby the owner is given a reduction in their property taxes to restore and maintain their
historic property. The City is the entity that determines if a breach of the Mills Act has occurred.
In this case, the Zoning Administrator determined that the construction of a two-car garage
would not violate the Mills Act Contract as the adoption of the Mills Act does not supersede the
requirements of the Chula Vista Municipal Code and the addition of a detached garage would
complement the existing architecture as detached garages are a common element of California
Bungalows.
Due to fact that the Greg Rogers House (616 Second Avenue) is set back from the street and
enclosed by a fence that is minimally 6 feet high the addition of the required two-car garage will
not affect the visual access to the Greg Rogers House any more so than is currently accessible.
Further, the required two-car garage can be situated behind the Nadine Davies House (614
Second Avenue) in a manner that will not block vehicular access to the Greg Rogers House. The
applicant also has the option to move the proposed lot line so that the front parcel would be
larger than the proposed 7200 square feet thus allowing more space for the required two-car
garage to be built.
CONCLUSION:
Staff recommends that the Planning Commission uphold the decision of the Zoning
Administrator to deny of the request for a variance from the two-car requirement of the R -1 Zone
based upon the finding of facts of the attached Resolution ZA V -02-19.
Attachments
I. Locator Map
2. Appeal Application and Applicant Documentation
3. Resolution ZAV-02-19
j:\Planning\Lynnette\administrative review\NOD\ZAV0213 bensoussan PC report2.doc
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SINGLE FAMILY
RESIDENTIAL
\
PROJECT
LOCATION
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~~~~I~~k PAMELA BENSOUSSAN PROJECT DESCRIPTION:
~ VARIANCE
PROJECT 616 SECOND AVENUE
ADDRESS: Request: Proposal for lot split into two separate
SCALE: FILE NUMBER: parcels at 614 and 616 Second Avenue.
NORTH No Scale ZAV-02-19
C:\DAIFILE\locatorsIZAV0219.cdr 07/02/02
APPEAL FORM
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Case No: 24V 'CL?--I_
ot Chula vista
Planning Department
kZOning.. _Planning _Design Review
Administrator commission Committee
Appeal from the decision of:
Name of ~ eft
Appellant: ~
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Business Address
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hange, variance, design review, etc)
Project
Please use the space below to provide a response to the decision you are
appealing. Attach additional sheets if necessary.
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In this Space
The above matter has been scheduled for public hearing before the:
____ Planning commission
____ City Council
on
Planning Commission Secretary
city Clerk
Rev. 6/96
M:\hoMe\plannlng\Mo\appeal.rev
city
'!HE em ;<' CHUlA VISTA DISCLOSURE STA1 lENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the su6)ect of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
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2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names ofall individuals owning
more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
1~
3. If any person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
It / rA-
t
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ No~Ifyes. please indicate person(s):
5. Please identity each and every person, including any agents, employees, consultants, or independent Contractors who
you have assigned to represent you before the City in this matter.
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6.
Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the
current or preceding election period? Yes_ No~ If yes, state which Councilmember(s):
" " "(NOTE: Attach additional pages as necessary) " " .~ ~
(o/?- 7//0'2.-- .:p.:{Mdd.- ~'50U.SS~(\
, I Signature of contractor/applicant
Date:
Print or type name of contractor/applicant
* Peno" is dt:fiIJed as: ~ny individua~ finn, co-partna-ship, joilll VOIture, associatiorJ, social club, fraternal organization, corporation, enatt!, trust, receiver, syndicott!,
this ami a1o/ other county, city and cOWJtry, city 17Umicipaliry, district, or other political subdivision, or a19' other group or combination acting os a unit"
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
TO DENY A REQUEST FOR A VARIANCE, ZAV-02-19, FOR A VARIANCE
FROM THE TWO-CAR GARAGE REQUIREMENT OF THE R-1, SINGLE-
FAMILY RESIDENTIAL ZONE.
WHEREAS, on June 3, 2002 a duly verified application for a variance was filed
with the City of Chula Vista Planning Division by Pamela Bensoussan; and
WHEREAS, the lot currently consists of two single-family residences and I
four-car garage 614 Second Avenue and 616 Second Avenue; and
WHEREAS, Chula Vista Municipal Code Section 19.62.180 requires that all
dwelling units in the R-I Zone shall have constructed on the same lot, a two-car enclosed
garage containing a minimum of 400 square feet and minimum dimension of20 feet; and
WHEREAS, as a result of the owner's request for a lot split, a two-car garage
will be required for the existing single-family residence located at 614 Second Avenue;
and
WHEREAS, the Zoning Administrator found that the two-car garage
requirement does not affect the historic character of the property; and
WHEREAS, the Zoning Administrator found that the two-car garage
requirement does not breach the provisions of the Mills Act Contract; and
WHEREAS, on October 15, 2002 the Zoning Administrator denied the owner's
request for a variance from the two-car garage requirement of the R-I, Single-Family
Residential Zone; and
WHEREAS, on October 22, 2002 the owner appealed the Zoning
Administrator's decision to deny the request for a variance from the two-car requirement
of the R-I, Single-Family Zone; and
WHEREAS, the Environmental Review Coordinator, in compliance with the
California Environmental Quality Act (CEQA) has concluded that this project is a Class
3 categorical exemption from environmental review (CEQA Section 15303, new
construction or conversion of small structures); and
WHEREAS, the Planning Director set the time and place for a hearing on said
request for a variance and notice of said 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 hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
January 22, 2003 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the
Planning Commission; and
WHEREAS, after considering all reports, evidence, and testimony present at
said public hearing with respect to the conditional use permit application, the Planning
Commission voted to approve the condition use permit; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby deny ZA V -02-19 in accordance with the findings of this Resolution.
1. 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. Further, a previous variance can
never have set a precedent, for each case must be considered only on its individual
merits.
There is no hardship or special circumstance associated with the applicant's property.
The parcel meets the minimum lot size and dimension requirements of the underlying
zone, and is similar in configuration to surrounding parcels. The need for a variance has
been created by the subdivision of an existing parcel. The proposed lot does have ample
room in an appropriate location for the required garage to be provided. The historic
status of the property does not alleviate the owner from conforming to the regulations of
the zone as the two car garage can be detached and can be oriented with minimal visual
impact to the public right of way view.
2. 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 request is not necessary for the enjoyment of substantial property rights
enj oyed by surrounding properties. Surrounding parcels are very similar to the applicant's
in terms of lot size, dimension, and topography, and generally have two car garages.
Granting a variance from the two-car garage requirement would result in the granting of a
special privilege to the applicant that is not enjoyed by surrounding property owners,
since the variance would allow a house to be located on a new lot without providing the
required garage.
3. 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 variance would have a detrimental impact upon surrounding parcels. Allowing non-
conforming uses within the City is detrimental to the orderly development ofthe city 311d
adverse to the general welfare of persons 311d property. The two-car garage requirement
is to provide adequate off-street parking so as to alleviate the congestion on residential
streets and space for the necessary storage of materials in 311 enclosure. An enclosed two-
car garage is necessary to protect the general welfare of surrounding parcels by
preventing the establishment of parking spaces in 311 open parking lot situation, which is
inappropriate for residential development, 311d would prevent the open 311d disorderly
display of materials 311d items that would be stored in enclosures to avoid 311 unsightly
appear311ce.
4. 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 gr311ting of this vari311ce would adversely affect the General PI311 of the City of
Chula Vista. A vari311ce from the two-car garage requirement would be incompatible
with Goal 3 Objective 11 of the General PI311 which calls for development that".. . meets
or exceeds a st311dard of high quality planning 311d design." A two-car garage is
necessary 311d essential to the residential character of a neighborhood by ensuring that
open areas remain accessible and visual impacts are minimized.
BE IT FURTHER RESOLVED, the Planning Commission of the City ofChula
Vista hereby denies ZA V-02-19.
DENIED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 22 day of J311uary, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Di311a Vargas, Secretary
l:\Planning\Lynnette\administrative rcview\RESOLUTION ZA V-02-19Bensoussan.doc