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HomeMy WebLinkAboutOrd 2003-2933ORDINANCE NO. 2933 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING PCM-03-08 TO ESTABLISH DEVELOPMENT STANDARDS AND APPROVING A 25 PERCENT DENSITY BONUS TO ALLOW FOR A 14-UNIT CONDOMINIUM PROJECT IN THE R2P ZONE FOR PROPERTY LOCATED AT 815 ADA STREET I. RECITALS A. Project Site WHEREAS, the area 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 consist of 14 town homes in seven duplex buildings, and located at 815 Ada Street ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on August 23, 2002, Jorge Sanchez and Daniel Contreras for Jim Truesdale Developments ("Developers") filed a precise plan application with the Planning and Building Department of the City of Chula Vista for a town home condominium project in the Residential Two Family Zoning District ("Project"); and C. Prior Discretionary Approvals WHEREAS, the Design Review Committee meeting was scheduled and advertised for April 21, 2003, at 4:30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design Review Committee voted 3-0-0-2 recommending that the City Council approve the Precise Plan project based on the findings and subject to the conditions listed below, in accordance with the Notice of Decision (PCM-03-08); and 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 5-0-0-2 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 in accordance with the Planning Commission Resolution (PCM-03-08); 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 heating 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 heating; and Ordinance 2933 Page 2 WHEREAS, the proceedings and all evidence imroduced 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 tune and place for the hearing on the Project applications and notices of said hearings, 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 ft. of the exterior boundaries of the Project site at least ten days prior to the hearing; and II. NOW, THEREFORE, the City Council of the City Chula Vista does hereby f'md, determine and ordain as follows: A. Certification of Compliance With CEQA The Environmental Review Coordinator determined that the Project was exempt from the California Environmental Quality Act (CEQA) as a Class 32 exemption for infill developments on January 8, 2003. The Planning Commission adopted Resolution PCM-03-08 including the exemption from CEQA on June 25, 2003 recommending that the City Council approve the Project. B. Independent Judgment of City Council The City Council does hereby find that the environmental determination of the Environmental Review Coordinator and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. C. Precise Plan Findings 1. That such use will not under the cimumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity: The issuance of a precise plan will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity because the development of this 14-unit condominium project is characterized by outstanding planning or urban design that will significantly improve the adjacent neighborhood, surrounding community and general vicinity. The site plan layout provides for guest parking and common open space areas. The architecture of the individual buildings is exceptignal and the individual units incorporate features found in well designed single-family' homes, such as porch entries, open loft areas, raised ceilings, kitchens with bay windows, large bedrooms and bathrooms, walk-in closets, a study or den, laundry rooms, and ample storage space within the units adjacent to the two-car garages. 2. That such plan satisfies the principle for application of the P modifying district as set forth in CVMC 19.56.041: Ordinance 2933 Page 3 Based upon the facts presented, Section 19.56.041(C) would apply to this project because the basic or underlying zone regulations do not allow the property owner and/or the City appropriate comrol or flexibility needed to achieve an efficient use of the property and proper relationship of the project to the uses allowed in the adjacent zones. By strict imerpretation, only six single-family dwelling units could be allowed on this property according to the General Plan and Specific Plan land use designations of Residential Low Medium (3 - 6 dwelling units per acre). However, the adopted policy of the City Council for this area was that the R2P zoning overlay would be consistent with the General Plan and Specific Plan, and therefore the Zoning of R2P would allow for up to six duplex buildings for a total of 12 units utilizing the P (Precise Plan) modifying district overlay zone. In addition, the Montgomery Specific Plan allows for an additional 25 percent density bonus for projects located within single-family designated areas if characterized by "outstanding planning or urban design." Therefore, in order to provide a 14-unit condominium project, flexible development standards (such as the reduced front, side, and rear yard setbacks, reduced common and private open space areas, reduced two-car garage dimensions, a reduced number of guest parking spaces, and an increase in floor-area-ratio) need to be applied to the project in order to achieve an efficient use of the property and a proper relationship of the project to the uses allowed in the adjacent zones. 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: Exceptions to be granted which would deviate from the underlying zoning requirements are the building setbacks, common and private open space areas, the allowable floor-area-ratio, the two-car garage dimensions, and the number of guest parking spaces. These deviations are appropriate because the proposed site plan and the design of the seven two-story duplex buildings exterior architecture are exceptional and the individual units incorporate features found in well-designed single-family homes. The Design Review Committee approved the architecture, and the City Council and/or the Planning Commission finds that outstanding planning and urban design characterize the project as proposed. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista: Approval of the Precise Plan will be in substantial conformance with the General Plan Land Use Designation of Low Medium Residential (3 - 6 dwelling units per acre) in that the same land use designation was provided for on the Montgomery Specific Plan Land Use Map, and the adopted policy of the City Ordinance 2933 Page 4 Council for this area was that the R2P zoning overlay would be consistent with the General Plan and Specific Plan. 5. The approval of this plan will conform to the applicable sections of the Montgomery Specific Plan The 25 percent net density bonus as allowed by the Montgomery Specific Plan will add 2 units where only 12 units would normally be permitted, thereby providing more affordable housing relative to the current housing market. The development will include two-car garages for each unit, private yards and patios, sufficient guest parking and common open space recreation areas, and may also be a catalyst for the potential redevelopment of this area in the future. The City Council concurs with the finding of the Director of Planning and Building that the project reflects outstanding planning and urban design and therefore is entitled to a density bonus per the provision set forth in Montgomery Specific Plan. D. Terms of Grant of Precise Plan The City Council hereby gratus Precise Plan PCM-03-08 for project depiction in Exhibit "A," and controlled by the Development and Operational Standards in Exhibit "B" and subject to the conditions of approval found in the Design Review Committee Notice of Decision, which are incorporated herein by reference. E. Execution and Recordation of Resolution of Approval The Developer 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 returned to the City Clerk and Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicanfs desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Office of the City Clerk. S~~nz~d ~p,r~nt ativ e Ordinance 2933 Page 5 III. INVALIDITY; AUTOMATIC REVOCATION It is the intemion 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. IV. APPROVAL OF PRECISE PLAN The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including the property Development and Operational Standards for Ada II Town homes, as represented in Exhibit "B", which is incorporated herein by reference. V. 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 ~ng and Building Director Ann Moore City Attorney Ordinance 2933 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: AYES: NAYS: ABSENT: ATTEST: Councilmembers: Councilmembers: Councilmembers: Davis, McCarm, Rindone, Salas and Padilla None None ~Padilla, Mayor Susan Bigelow, CMC, City Ct~rk 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. 2933 had its first reading at a regular meeting held on the 26th day of August, 2003 and its second reading and adoption at a regular meeting of said City Council held on the 16th day of September, 2003. Executed this 16th day of September, 2003. Susan Bigelow, CMC, City'Clerk EXHIBIT A Exhibit "B" DEVELOPMENT AND OPERATIONAL STANDARDS A. Development Standards These development standards and regulations shall apply to the development of 14 condominium units within seven duplex buildings known as the Ada II townhomes. 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 19.26 Residential Two-Family (R2P) zone. Residential 1. Allowed Uses Allowed uses shall be those that are identified in the R2P zone as permitted uses or accessory uses. 2. Development Standards The following development standards shall apply to all land and buildings within the R2P zoning district. Dimensions and standards shown in Table 1 are allowed. Where in conflict with the R2P zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the R2P zone development standards shall be used. TABLE 1 Precise Plan Development Standard for Townhomes Lot Criteria Lot area per unit (minimum): Lot coverage (maximum): Lot depth (minimum): Lot width (minimum): Floor Area Ratio (maximum): Unit A (4-units, includes garage): Unit B (8-units, includes garage): 3,000-sq. ft. 50 percent 54-ft. 32-ft. 60 percent 1,980-sq. ft. 1,788-sq. ft. Setbacks from drives and perimeter lot lines Front yard (minimum): Exterior side yard (minimum): Interior side yard (minimum): Rear yard (minimum): Parking units A (7-units): Interior dimensions: Minimum garage door opening: Minimum depth and width For one of two parallel vehicles: Unit B (7-units): Interior dimensions: Minimum garage door opening: Minimum depth and width For one of two parallel vehicles: Guest Parking (compact): Minimum dimensions: Driveways: Open space Private Usable (minimum): Common Usable (two areas): 4-fi. O-ft. 8-ft. 2-car garages 420-sq. fi. 20'-6" x 19'-10" 16-fi. 17-fi. x 8-ft. 436-sq. ft. 21'-0" x 20'-0" 8'-4" & 8'-4" 17-fi. x 8-fi. 8 spaces 7-fi. x 15-fi. 20-fi. 28,645-sq. fi. - 385-sq. ft. Per unit 2,015-sq. ft. Fencing 6-ft. Perimeter: Stucco wall Interior: Wood fence Building Height 26-ft. No accessory structures are Patio covers permitted on lots with rear yards must be less than less than 8-ft. in depth: L 300-sq. ft. Notes: Table 1 figures are based on the information on the Precise Plan B. Operational Standards 1. 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. 2. Buildings and Landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. 3. ~ The driveway within the complex shall be designated and maintained as a private roadway. 4. All onsite drainage facilities shall be considered private. 5. Improvements will not be permitted within sight visibility area at the entrance per City requirements. This Precise Plan permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permit tee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless 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 attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns.