Loading...
HomeMy WebLinkAboutOrd 2003-2934ORDINANCE NO. 2934 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PRECISE PLAN PCM-03-31 TO ESTABLISH DEVELOPMENT STANDARDS, AND APPROVING A 25 PERCENT DENSITY BONUS TO ALLOW FOR A 14-UNIT TOWN HOME PROJECT IN THE R2P ZONE FOR PROPERTY LOCATED AT 774 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 and two triplex and four duplex buildings, and located at 774 Ada Street ("Project Site"); and B. Project; Application for.Discretionary Approval WHEREAS, on March 21, 2003, Jorge Sanchez and Daniel Contreras for Jim Tmesdale Developments ("Developers") flied 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 June 2, 2003, at 4:30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design Review Committee voted 5~0-0-0 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-03-31); 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 site plan Exhibit "A" and the Development regulations shown in Exhibit "B" based on the findings listed below; and in accordance with the Planning Commission Resolution (PCM-03-31); 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 heating, 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 2934 Page 2 WHEREAS, the proceedings and ail 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 heatings, together with its purposes given by its publication in a newspaper of generai 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 find, determine and ordain as follows: Ordinance 2934 Page 4 Montgomery Specific Plan Land Use Map, and the adopted policy of the City Council for this area was that the R2P zoning overlay would be consistent with the Generai Plan and Spec'ffic 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 ailowed by the Montgomery Specific Plan will add 2 units where only 12 units would normaily 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 cataiyst for the potentiai redevelopment of this area in the future. The City Council concurs with the fmding 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 Spec'fiic Plan. D. Terms of Grant of Precise Plan The City Council hereby grants Precise Plan PCM-03-31 for project depiction in Exhibit "A", and controlled by the Development and Operationai Standards in Exhibit "B" and subject to the conditions of approvai found in the Design Review Committee l~ce of Decision, which are incorporated herein by reference. E. Execution and Recordation of Resolution of Approvai The Developer shail execute this document by signing the lines provided below, said execution indicat'mg that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shail 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/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approvai. Said document will aiso be on file in the Office of the City Clerk. Ordinance 2934 Page 5 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 competem 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 III 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 s D Sandov~al ~ ;ngand Building Director Approved as to form by Ann Moore City Attorney Ordinance 2934 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: A'I'I'EST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, Salas and Padilla None None ~t Stephen C/~ Susan Bigelow, CMC, 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. 2934 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 CFerk Exhibit "B" DEVELOPMENT AND OPERATIONAL STANDARDS A. Development Standards These development standards and regulations shall apply to the development of 14 condominium units within two triplex and four duplex buildings lmowa as the Ada III 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 ·. 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. TABL~ 1 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): Unit C (2-units, includes garage): 3,000-sq. ft. 50 percent 52 feet 32 feet 60 percent 1,980 sq. ft. 1,788-sq. ft. 2,083-sq. ft. 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. 6. 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 Pennittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved fight/condition, may not impose a substantial expense or deprive Permit l~t:ee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 7. 'Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold ~hannless 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 execufmg 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.