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HomeMy WebLinkAboutOrd 2003-2926ORDINANCE NO. 2926 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING DEVELOPMENT STANDARDS FOR PRECISE PLAN PCM-03-33, KNOWN AS 216, 218, 220 DAVIDSON, AND 261 TWIN OAKS AVENUE, CONSISTING OF FOUR DETACHED CONDOMINUMS, EACH WITH A TWO-CAR GARAGE ON AN EXISITNG 9,632 SQUARE-FOOT LOT I. RECITALS A. Project Site WHEREAS, the ama of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consists of four detached condominiums, each with an attached two-car garage on an existing 9,632 square foot lot located at 216, 218, 220 Davidson and 261 Twin Oaks Avenue ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on April 1, 2003, Harold D. West ("Applicant") filed a Precise Plan apalication with the Planning and Building Department of the City of Chula Vista for a four unit coedominum project ("Project"); and C. Prior Discretionary Approvals WHEREAS, the Design Review Committee meeting was scheduled and advertised for June 2, 2003, at 4:30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design Review Committee found that the project conforms to the Design Guidelines of Chula Vista and voted 5-0-0-0 to approve the site plan and architectural elevations for the project. WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 25, 2003, and, after considering all reports, evidence and testimony presented, voted to recommend that the City Council adopt the ordinance approving the Project, in accordance with the development regulations shown in Exhibit "B" based on the findings listed below; and D. Planning Commission Record on Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, the Planning Department 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 general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and Ordinance 2926 Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on June 25, 2003, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hear'mgs, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 fi. of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, at the same City Council meeting at which this ordinance was introduced on July 15, 2003, the City Council of the City Of Chula Vista considered the ordinance which included the standards for a Precise Plan for 216, 218, and 220 Davidson and 261 Twin Oaks Avenue. II. NOW, THEREFORE, the City Council of the City Chula Vista does hereby find, determine and ordain as follows: CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus no further environmental review is necessary. A. PRECISE PLAN FINDINGS 1. 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 vic'mity or injurious to property or improvements in the vicinity. The project has been evaluated in accordance with the goals and objectives of the Chula Vista Municipal Code and the General Plan. By providing quality single-family detached homes with adequate on-site parking the project will enhance the quality of the neighborhood and will promote public convenience and the general welfare of the community. 2. That such plan satisfies the principle for application of the P modifying district as set forth in CVMC 19.56.041 (C). The site is zoned R-3 with a Precise Plan modifier (R-3P22) and is subject to the development standards of the R-3 zone. These deviations from the R3 standards are the intent to develop the site with an efficient and functional use to meet the need for quality housing in Chula Vista and that will have a proper relationship to adjacent uses. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the R-3 zone would limit the potential to maximize the use of the site with four detached single-family Ordinance 2926 Page 3 residences that would be more compatible with the neighborhood than attached units allowed by the R-3 zone. As a result, the project has been designed with reduced setbacks and heights that exceed the maximum allowed by the zone but at a density lower than the 22 units per acre allowed by the zone designator (P22). These deviations are warranted given the constraints to the site and the intent to maximize the use of the property to provide quality housing in the western portion of Chula Vista. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The project has been evaluated in accordance with the goals and objectives of Chapter I (1-8) of the General Plan Goal 3 which states that "It is the goal of the City to accommodate a fully diversity of housing types, while maintaining an orientation to detached single-family living." Further, Goal 3 states that it is an objective of the City (Objective 11) to "assure that new development meets or exceeds a standard of high quality planning and design." B. TERMS OF GRANT OF PRECISE PLAN The City of Chula Vista hereby grants Precise Plan PCM-03-33 for project depiction in Exhibit "A", and controlled by the Development Standards and Operational Standards in Exhibit "B" and subject to the following conditions: C. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this ordinance 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. III. APPROVAL OF PRECISE PLAN The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including property Development Regulations and Operational Regulations for 216, 218, 220 Davidson and 261 Twin Oaks Avenue, as represented in Exhibit "B". Iff. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by ~r Ann Moore City Attorney Ordinance 2926 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of July, 2003, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Salas ATTEST: Donna Norris, Assistant City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2926 had its first reading at a regular meeting held on the 15th day of July 2003 and its second reading and adoption at a regular meeting of said City Council held on the 22nd day of July, 2003. Executed this 22nd day of July, 2003. Donna Norris, 0/~'~ EXHIBIT "A" Exhibit "B" DEVELOPMENT AND OPERATIONAL STANDARDS A. Development Standards This exhibit details the spec'fflc development standards and regulations for the development of four condominiums located on Parcel Number: 568-164-01-00, also known as 216, 218, 220 Davidson and 261 Twin Oaks Avenue. This Precise Plan is intended to work in conjunction with the development standards in the City of Chula Vista's Zoning Ordinance (Title 19). Any information not shown within the Precise Plan should be referenced in the City of Chula Vista Municipal Code Chapter 19.28 Apartment Residential (R-3) zone. Residential (R-3P22) 1. Allowed Uses Allowed uses shall be those that are identified in the R-3 zone as permitted uses, detached single-family units, accessory uses and buildings and conditiOnal uses except: electrical substations and gas-regulators. 2. Development Standards The following development standards shall apply to all land and buildings within the R-3 zoning district. Dimensions and standards shown in Table 1 are allowed. Where in conflict with the R-3 zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the R-3 zone development standards shall be used. Where build'rog setback, parking and open space requirements are in conflict, the lot specific map (F_,xhibit "A") shall supercede the R-3 zone requirements. Exhibit B, Page 2 TABLE 1 Precise Plan Development Standard for 216-220 Davldson end 261 Twin Oaks Avenue Setbacks from Property Lines Front yard (minimum) to Garage Unit I -19 feet Unit 2 -19 feet Unit 3-20 feet Unit 4-18 feet Side yard (minimum) Rear yard (minimum) Maximum height 5 feet interior 10 feet exterior 3 feet 10 in. Unit 1 and 4 = 24 feet 6 in. Parking Fencing/walls (maximum) Unit 2 and 3 = 32 feet 2-car garages/unit 6 feet Notes: Table 1 figures are based on the information provided on the approved Precise Plan B. OperafionalStandards 1. Any violations of the terms and conditions of these Standards shall be grounds for revocation or modification of development permits. This development 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 Ordinance to be reviewed by the City' for additional conditions or revocation. 3. Any deviation from the above noted conditions of approval shall require approval from the City Council. The Applicant shall and does hereby agree to indemnify, protect, defend and hold harmless the City, Redevelopment Agency, Council members, its officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court Exhibit B, Page 3 costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of the Precise Plan, (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 (c) Applicant's installation and operation of a facility permitted hereby, including, without limitation, ant and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Developer shall acknowledge their agreement to this provision by executing a copy of this Precise Plan where indicated below. Developer compliance with this provision is an express condition of this Precise Plan and this provision shall be binding on any and all of applicant's/operator's successors and assigns. The site shall be developed and maintained in accordance with the final approved plans which will include revised site plans, architectural elevations, exterior materials and color board, and landscape plans on file in the Planning Division, the conditions contained herein, and the Chula Vista General Plan. 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. This Precise Plan permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. The Applicant shall be responsible for the building and landscaping maintenance in accordance with the approved project and landscape plans unless the Redevelopment Agency approves modifications. The Applicant may utilize appropriate street lighting subject to the approval of the Planning and Building Director which is consistent with the July 15, 2003 directive of the City Council.