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HomeMy WebLinkAboutReso 2003-410RESOLUTION NO. 2003-410 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT, PCC-02-13, CONTRERAS, FOR A PROPOSED 906 SQUARE FOOT ACCESSORY SECOND DWELLING UNIT AT 736 CHURCH STREET A. RECITALS 1. Project Site WI-I~REAS, the parcel that is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 736 Church Avenue (Project Site); and 2. Project Applicant WHEREAS, on September 18, 2001 a duly verified application for a Conditional Use Permit (PCC-02-13) was filed with the City of Chula Vista Planning Division by Daniel Contreras (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, under the provisions of Government Code Section 65852.2(b)(1)(A)-(I) Applicant requested permission to add 498 square-feet to an existing detached garage/workshop to create a 906 square-foot accessory second unit and garage at 736 Church Street; and 4. Environmental Determination WHEREAS, in accordance with the requirements of the California Environmental Quality Act (CEQA), the Environmental Review Coordinator determined that the Project was a Class 3(a) exemption from environmental review. 5. Planning Commission Record on Application WHEREAS, a Planning Commission hearing was scheduled and advertised for March 27, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the Planning Commission voted 4-1-2-0 to deny the Project based on the findings of incompatibility with the surrounding neighborhood; and WHEREAS, an appeal was filed by the applicant and at the applicant's request a Planning Commission rehearing was scheduled and advertised for April 23, 2003 and continued to May 14, 2003 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the Planning Commission voted 4-1-2-0 to approve the Project based on the findings and subject to the conditions listed and, in accordance with Planning Commission Resolution PCC-02-13; and 6. City Council Record of Application Resolution 2003-410 Page 2 WHEREAS, an appeal was ftied by the applicant requesting City Council reconsideration of the limitation placed upon the size of the proposed accessory second unit by the Planning Commission; and WHEREAS, a duly called and noticed public hearing on the appeal was held before the City Council of the City of Chula Vista on August 19, 2003 and continued to September 16, 2003 to consider the appeal of the Planning Commission's action, and to hear public testimony with regard to same. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearings on this Project held on March 27, 2002, April 23, 2003 and May 14, 2003 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby declare that they are able to make all the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth as the evidentiary basis that permits the stated findings to be made. 1. That the proposed use at the 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 requested accessory second unit would be located on a lot within an existing single-family residential neighborhood with a variety of housing styles and accessory structures. The size of the garage and proposed unit, when added to the existing house on the lot, will result in a site that meets the lot coverage and floor area ratio parameters of the Ri zone. Said site will not be out of scale with surrounding residential uses, and the unit itself will not be visible from the street. The request would initially provide needed housing for a family caregiver. The City Council finds that the size, style and location of the proposed unit, along with the availability of the unit as either a rental or caregiver unit, will contribute to the general well being of the community. 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 accessory second unit is proposed as an expansion of an existing accessory structure that was legally constructed as a garage/workshop. Although modifications have been made to the workshop, these were not found by staff to be a sufficient threat to the safety or general welfare of the neighborhood warranting immediate code enforcement. The proposed addition will require a building permit resulting in inspections insuring the existing and continued safety of the building. The City Council finds that such a structure will not be detrimental to the health, safety or general welfare surrounding residential neighborhood. Resolution 2003-410 Page 3 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The City Council finds that the request meets the requirements of the California Government Code relating to accessory second units, which were the controlling regulations at the time the application was applied for. The unit: 1) will not be sold separately from the existing house, 2) is proposed on property that is developed with single family home in an area zoned Ri for single family homes, 3) is less than the 1,200 square foot size limit, and 4) meets ail of the Ri development standards including providing adequate on-site parking. 4. That the granting of this conditional use permit will not advemely affect the general plan of the City or the adopted plan of any government agency. The City Council finds that this conditional use permit for an accessory second unit is in compliance with the Housing Element of the Chula Vista General Plan, which promotes this type housing to meet the need for affordable housing in the City and the region. In addition, Section 65852.2b-5 of the California Government Code provides that accessory second units are not subject to density regulations from local general plans or zoning. D. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-02-13 subject to the following conditions: Planning & Building Depa,tment 1. The project plans including the site plan, floor plan and exterior elevations shall be revised to show a 906 square foot maximum accessory second unit, which shall include the existing 408 square foot workshop. Said plans shail be reviewed by the Planning Department prior to submitting for building permits. 2. The portion of the driveway in front of the garage shall be kept cleared and the garage shall be accessible for vehicular parking at all times. 3. The Applicant shall obtain a building permit in compliance with the 2001 Caiifomia Building, Plumbing, Electrical and Mechanical Codes, and the 2001 Energy requirements. 4. Building plans (construction documents) that include proposed colors and materials shall be submitted in conformance with the conceptual plans and elevations to ensure that the accessory second unit will be architecturally compatible with and/or match the primary single-family dwelling. Said plans shall be kept on file in the Planning Division, in compliance with the conditions contained herein and Title 19 of the CVMC, subject to the approval of the Planning and Building Director. Engineering Depathnent 5. The Applicant shall pay the following fees as required based on the final building plans submitted: sewer capacity fee based on all new construction or additional plumbing fixtures; and traffic signal fees based on the difference between the existing and proposed use. Resolution 2003-410 Page 4 Public Works Department 6. The Applicant shall be responsible for removing and replacing the raised portion of the sidewalk (area marked in white). Sweetwater Authority 7. Prior to the issuance of a building permit, the Applicant/owner shall obtain a letter stating fire flow requirements from the Chula Vista Fire Department and submit the letter to the Sweetwater Authority. Chula Vista Elementary School District 8. Prior to the issuance of building permits, the Applicant shall pay all appropriate school fees. Standard Conditions 9. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of~t~e building permits for the proposed unit, the applicant/property owner shall provide the Planni~g'~Division with a recorded copy of said document. 10. The accessory second unit shall be connected to the existing sewer lateral, or the other existing utilities such as water, electricity, gas, cable, etc. for the main dwelling using the same address. 11. This conditional use 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. 12. This conditional use 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. 13. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 14. The Applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's less (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, Co) 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 the facility permitted hereby, including, without limitation, ant and all liabilities arising from the Resolution 2003-410 Page 5 emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of applicant's/operator's successors and assigns. 15. 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 tree copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document 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. 736 Church Avenue Date Date 15. It is the intention of the City Council that its adoption of this resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of 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. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA THIS 16TH DAY OF SEPTEMBER 2003. Presented by Approved as to form by ~ing & Building Director Ann Moore City Attorney Resolution 2003-410 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of September, 2003, by the following vote: ATYEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, Rindone, Salas and Padilla McCann None Susan Bigelow, CMC, Cit/¢ Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-410 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of September, 2003. Executed this 16th day of September, 2003. Susan Bigelow, CMC, Cityqglerk EYE PHYSICIANS \ EXHIBIT A HENRY'S MARKET ALBERTSON'S MARKET US POST OFFICE PLAZA OFFICES ICATII ALVA GARDEN APARTMENTS GREEN TREE FOUNTAIN APARTMENTS CHULA VISTA PLANNING LOCATOR .RO~ECT APPUC.~'T: DANIEL CONTRERAS N~~RTH PROJECT AODRESS: 736 CHURCH AVENUE SCALE: I FILE NUMBER: No ScaleI PCC-02-13 j:\cherylc\locators\locators03\pcc0213.cdr 06.24.03 AND BUILDING DEPARTMENT pROJECT DESCRIPTION: CONDITIONAL USE PERMIT Request: Proposed 477 sf addition of two bedrooms to the existing 811sf two car garage which was used as a workshop in the past.