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HomeMy WebLinkAboutPCS 18-0002RESOLUTION NO. PCS18-0002 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING TENTATIVE SUBDIVISION MAP PCS18- 0002 TO CONVERT A 1,405 SQUARE—FOOT COMMERCIAL TENANT SPACE AND AN 870 SQUARE -FOOT MEETING ROOM FOR THE RESIDENTS INTO THREE (3) ADDITIONAL RESIDENTIAL UNITS FOR INDIVIDUAL OWNERSHIP, TWO OF WHICH BEING LIVE/WORK UNITS, FOR A TOTAL OF EIGHTY-THREE (83) CONDOMINIUM UNITS ON A 2.49 ACRE SITE AT 986 BROADWAY WHEREAS, on July 24, 2018, a duly verified application for a Tentative Subdivision Map was filed with the City of Chula Vista Development Services Department by Niki Properties, LLC (Applicant); and WHEREAS, a previously apnroved and constructed mixed-use project exists on the site which includes three (3) separate, three-story buildings totaling 118,678 square -feet and includes twelve different condominium plan types ranging from one and two bedroom units for a total of 80 condominium units with a 1,405 square -foot commercial tenant space and an 870 square -foot meeting room for the residents (the "Existing Project"); and WHEREAS, the application requests approval to convert the 1,405 square -foot commercial tenant space and the 870 square -foot meeting room for the residents within the Existing Project into three (3) additional residential units for individual ownership, two of which being live/work units, for a total of 83 condominium units (the "Project"); and WHEREAS, the area of land that is the subject of this Resolution is an existing 2.49 acre parcel located at 986 Broadway (Project Site); and WHEREAS, the Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines. Thus, no further environmental review is required; and WHEREAS, the Development Services Director set the date for the hearing of the Tentative Subdivision Map application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and mailed to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to said hearing date; and WHEREAS, a hearing at the time and place as advertised, namely October 24, 2018, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered Tentative Subdivision Map PCS 18-0002 in accordance with all City Codes and requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find and determine as follows: Il. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the Planning Commission finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The General Plan land use designation is Mixed -Use Residential. The implementing zone is Central Commercial, however for a Mixed -Use (MU) project the allowable density is based on the total project area, less any area devoted exclusively to live/work use, including parking and circulation areas. Per the MU standards, Section 19.58.205C, a total of 83 dwelling units is permitted on the 2.49 acre Project Site, with the proposed live/work units. 2. Circulation All off-site public streets required to serve the subdivision already exist in accordance with the Conditions of Approval. The on-site circulations system is already built and designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. No further changes to the existing circulation are required. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public services, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan. 4. Housing The Project is consistent with the density prescribed within the MU Residential General Plan designation, and provides additional opportunities for multi -family residential home ownership in the southwestern portion of the City. 5. Growth Management The surrounding street segments and intersections including Broadway and Moss Street will continue to operate at the same Level of Service in compliance with the City's traffic threshold standard with the proposed Project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed Project. The Project Site is located in the attendance area of Harborside Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Chula Vista High School, within the Sweetwater Union High School District. The Applicant will be required to pay applicable school fees based upon assessable area. The existing drainage improvements for the lot consist of maintaining the existing drainage pattern and runoff direction with the majority of the development draining near the proposed entrance along Moss Street and near the intersection of Broadway and Moss Street. A small portion of the Project Site also sheet flows into the Broadway curb and gutter system, where it is directed to the existing inlet located on Moss Street. Overall, the existing site collects the existing runoff and treats it in accordance with current Best Management Practice (BMP) methods and discharges to the Bio -retention basin located on Moss Street. No further changes to the drainage are required. The Project Site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system has sewer lines along Moss Street and Broadway including an existing off-site 8" sewer main, along the frontage of Broadway and Moss and an additional existing off-site 12" sewer main, along Moss Street for the proposed Project Site. Prior to the construction of the site, the Applicant submitted a final sewer study prior to connecting to the City's sewer system. No further changes to the sewer system are required. 6. Open Space and Conservation The Project proposes multi -family homes that meet the minimum open space requirement in accordance with the Chula Vista Municipal Code. The Project will also be required to pay in -lieu park fees towards the acquisition and development of future parks. The development of the Project Site is consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The proposed Project would not induce significant population growth with the addition of three (3) residential units and would not impact existing or proposed recreational facilities. The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safety The City Engineer, Fire and Police Departments have reviewed the proposed Project for conformance with City safety policies and have determined that the proposal meets those standards. 9. Noise The Project was previously reviewed for compliance with the Noise Element and will continue to comply with applicable noise measures at the time of issuance of the first building permit. 10. Scenic Highway The Project Site is not located adjacent to or visible from a designated scenic highway. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities.. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. Pursuant to Government Code Section 66474 (a) -(g) of the Subdivision Map Act, the proposed Project: (a) is consistent with applicable general and specific plans as specified in Section 65451 because the General Plan land use designation of MU Residential allows for the proposed 83 units. The project is not within a Specific Plan area. (b) design or improvement is consistent with applicable general and specific plans. The Project's design of 83 units is consistent with the Central Commercial zoning classification which is consistent with the General Plan's MU designation. (c) site is suitable for the proposed density of development. The Project's 83 units are within the allowed density range with a maximum yield of 83 units. (d) site is physically suitable for the type of development. The Project is surrounded by commercial/retail and apartment developments with available access and infrastructure to serve the Project. (e) the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) the design of the subdivision or type of improvements will not cause serious public health problems because the Project has been designed to have emergency access and will be able to be served by fire and emergency services. (g) subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The project's roadways and utilities are within and are not in conflict with existing easements. E. The Project Site is physically suited for residential development because it is generally level and is located adjacent to existing residential and commercial/retail developments. The Project conforms to all standards established by the City for a residential development. F. The conditions herein imposed on the grant of permit or other entitlement herein contained are approximately proportional both in nature and extent to the impact created by the proposed Project. III. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the Conditions of Approval and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, or designees, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these Conditions of Approval, any conflict shall be resolved by the City Manager or designee. GENERAL/DEVELOPMENT SERVICES 1. The Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plans, and elevation plans on file in the Planning Division, the conditions contained herein, and Chula Vista Municipal Code (CVMC) Title 19. 2. Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DDA -0257. Land Development Division/Landscape Architecture Division: 3. A Final Map will be processed upon approval of the TM. Refer to Section 2-100 of the Subdivision Manual for requirements and guidelines for processing Final Maps. 4. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is required prior to the issuance of the first Building Permit in accordance with Municipal Code Section 17.10.100. The current PAD fee for West Chula Vista Projects is $7,888 for Multi -Family. The PAD fee is adjusted on an annual basis on October 1 based on the Engineer Construction Cost Index. The payment of the PAD fee amount in place at the time of the recording of the Final Map is required. The PAD fee for the project at this time is $23,964 (3 @ $7,888/unit). Credit will be awarded for existing buildings on the site. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 5. Approval of this Project shall not waive compliance with any sections of the CVMC, nor any other applicable City Ordinances in effect at the time of Building Permit issuance. 6. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this Tentative Map and (b) City's approval or issuance of any other permit or action, whether discretionary or non -discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 7. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property. 8. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Vista Design Plans and the Non -Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the Planning Commission. 9. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of Building Permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. IV. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL on the lines each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the The Property Owner and Applicant shall execute this document signing provided below, indicating that the Property Owner and Applicant have corresponding application for building permits and/or a business license, be held in abeyance wiihou� approval. Signature of Ppperty Owner Name of Propert O er Signature of p icant BnocilAn Name of Applicant 1 2-U Date Date 1 �r1 �3 k Date Date VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL The Planning Commission does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista Planning Commission does hereby approve Tentative Subdivision Map (PCS18-0002), subject to the conditions listed above to convert a 1,405 square -foot commercial tenant space and a 870 square -foot meeting room for the residents into three (3) additional residential units for individual ownership, two of which being live/work units, for a total of 83 condominium units at 986 Broadway. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of October 2018, by the following vote, to -wit: AYES: Burroughs, Calvo, Milburn, Nava, Zaker NOES: 0 ABSENT: Gutierrez ABSTAIN: 0 Gabe Gurie�r'tz, Chair AT ST: _ Pa ricia Salvaio Secretary Presente y: Kell Oughton Director of Development Services a# Approved as to form by: