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HomeMy WebLinkAboutOrd 2003-2920Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 DOC 2003-1223709 03, 2003 3:24 OFFIOI~L RE~ORD8 8~N DIEGO [X]~NTY RE{~RBER'80FFIG'E GREGORY J, SMITH, ~8~NTY RE[~ORI)ER FEES: 0.00 This space for Recorder's use only ORDINANCE NO. 2920 Document Title ORDINANCE NO. 2920 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MITIGATED NEGATIVE DECLARATION IS-03-016 AND PRECISE PLAN PCM-03-15 FOR THE MIXED-USE PROJECT KNOWN AS BROADWAY URBAN VILLAGE CONSISTING OF 40 LANE HOMES AND NINE LOFT APARTMENTS ABOVE 9,000 SQUARE FEET OF COMMERCIAL SPACE 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 40 lane homes and nine loft apartments above 9,000 square feet of retail/commercial space known as Broadway Urban Village, and located at 760 Broadway ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on November 13, 2002, Carter Reese Associates and Bitteflin Development Corporation ("Developers") filed a Precise Plan application with the Planning and Building Department of the City of Chula Vista for a mixed-use project in the Central Commercial 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 recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration (IS-03-016) and approve the Precise Plan project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution (PCM-03-15); and WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 14, 2003, and, after considering all reports, evidence and testimony presented, voted 3-2-0-2 on a motion recommending 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 WHEREAS, four votes are required for the Planning Commission to take an official action; and WHEREAS, the Planning Commission did not forward an official recommendation to the Council; and D. Planning Commission Record on Applications Ordinance 2920 Page 2 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 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on May 14, 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 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. II. The City Council of the City Chula Vista does hereby find, determine and ordain as follows: SECTION 1: CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-016) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City Of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-016). SECTION 2: INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-016) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and hereby adopt same. SECTION 3: PRECISE PLAN FINDINGS The City Council does hereby find: 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 vicinity or injurious to property or improvements in the vicinity. The project has been evaluated in accordance with the goals and objectives of Chapter 10 Section 5.9 of the General Plan, which encourages mixed-used development along Broadway. The mixed-use project will introduce new retail uses, rental units and market rate for sale dwelling units that will provide an oppommity for homeownership in the area. surrounding area economically, socially and aesthetically. Ordinance 2920 Page 3 This will benefit the 2. That such plan satisfies the principle for application of the P modifying district as set forth in CVMC 19.56.041. Chula Vista Municipal Code 19.56.041(b) provides for application of the Precise Plan modifying district when the property is adjacent and contiguous to a zone allowing different land uses. The application of the Precise Plan here will allow the property to co-exist between land usages which might otherwise prove incompatible. In this case, the development standards limit the Developer's potential to maximize the use of the site with the project which has been designed with a high density residential concept and zero lot line for the retail uses. Thus, application of the P modifying district will bridge the uses between the surrounding retail/commemial and residential. The site is zoned Central Commercial with a Precise Plan modifier (C-C-P) and is subject to the development standards of the C-C and R-3 zone because the project is a mixed-use retail/commercial and residential development. These deviations are warranted given the constraints to the site and the intent to develop the site with a functional use to meet the policies of the General Plan. 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 developmem standards of the C-C and R-3 zone would limit the potential to maximize the use of the site with a mixed-use project. As a result, the project has been designed with a high density residential concept and zero lot line for the retail uses with building encroachments into the required setbacks, a reduction in the required common open space square footage for some residential units and the reduction in number of on-site parking spaces. These deviations are warranted given the constraints to the site and the intent to maximize the use of the property to meet other policies of the General Plan. The parking reduction is mitigated by the availability of on- street parking convenient to the retail uses proposed. 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 the Southwest Redevelopmem Project Area and Chapter 10 Section 5.9 of the General Plan relative to mixed-use development along Broadway. The Precise Plan as described, will allow the project to be consistent with the goals and objectives of the Southwest Redevelopment Plan, General Plan and the Chula Vista Municipal Code. C. TERMS OF GRANT OF PRECISE PLAN The City Council hereby grants Precise Plan PCM-03-15 for project depiction in Exhibit "A", and controlled by the Development Regulations in Exhibit "B", and subject to the following conditions: Ordinance 2920 Page 4 Planning and Building Department 1. The Developer shall install temporary erosion control devices including desilting basins, berms, hay bales, silt fences, dikes and shoring during construction activities. 2. The Developer shall implement to the satisfaction of the Director of Planning and Building and the City Engineer all mitigation measures identified in the 760 Broadway Village-Mitigated Negative Declaration (IS-03-016) and Mitigation Monitoring and Reporting Program. 3. The Developer shall submit the design and colors for all buildings prior to the issuance of any building permits to the Planning and Building Department for review and approval. 4. The Developer shall comply with all requirements of the Building Division including the following codes for 2001: California Building Code California Plumbing Code California Mechanical Code California Electrical Code Energy Code Handicap Accessibility Code 5. The Developer shall submit a concept landscape plan for review and approval by the City's Landscape Planner to include the following to satisfy the City requirements: A. Plant 15-gallon Woody shrubs. B. 24-inch boxed sized street, accent and patio trees. C. Tree grates shall meet or exceed City requirements. D. Any proposed street tree and planting design shall meet Public Works operations standards. E. Move the internal sidewalk towards the parking lot curb edge to provide large usable planter areas. F. Provide additional landscape treatment to the building elevation that faces Broadway. G. Incorporate trellises or other architectural elements to storefronts. H. Provide details of the storefront areas to indicate potential locations for street furniture or sidewalk searing areas. Note: Any proposals that extend into the City right-of-way will also require an encroachment permit from the City Engineer. I. Add canopy trees along the storefronts. J. Bring the architectural paving shown inside the complex through the passageways out into the Broadway elevation paving. K. Provide a Water Management Plan per requirements of the City Landscape Manual during building permit submittal. 6. The Developer shall apply for and obtain approval of a planned sign program from the Director of Planning and Building prior to the issuance of any grading or building permits. Ordinance 2920 Page 5 7. The Developer shall establish Covenants, Conditions & Restrictions (CC&R's) and a Home Owners Association for the residential uses on the properties. 8. The Developer shall pay all applicable fees including PAD fees as required by Municipal Code Chapter 17.10. 9. Prior to leasing any retail space, the Developer shall submit written restrictions for hours of operation for the tenants of the retail/commercial uses to the Director of Planning for review and approval. The hours of operation shall be such that there is no conflict with the residential units. Engineering Department 10. The Developer shall submit improvement plans prepared by a registered Civil Engineer and obtain a development permit to perform any work in the City's fight of way or public utility easements. 11. The Developer shall submit a detailed grading plan in accordance with the Chuia Vista Grading Ordinance to the satisfaction of the City Engineer. 12. The Developer shall ensure that the development of the Project complies with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. The Applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board to obtain coverage under the NPDES General Permit of Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for post-construction control measures. 13. The Developer shall ensure that the development complies with the NPDES Municipal Permit Order No. 2002-01 requirements and apply Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. Adequate provisions shall be made in the planning and design stages of the project to facilitate compliance with such requirements. 14. The Developer shall obtain a grading permit in accordance with the Subdivision Manual and Grading Ordinance prior to the issuance of any building permits. 15. The Developer shall be required to complete the applicable forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 16. The Developer shall implement Best Management Practices (BMP's) to prevent the pollution of storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the Ordinance 2920 Page 6 project design, and shall be shown on the plans. Any construction and non-structural BMP's requirements that cannot be shown graphically must be either noted or stapled on the plans. 17. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NEPDS Municipal Permit, Order No. 2001-01. According to said Permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 18. The Developer shall identify storm water pollutants that are potentially generated at the facility, and purpose Best Management Practices (BMP's) that will be implemented to prevent such pollutants from entering the storm drainage systems. 19. A Soils Report shall be prepared by a registered geotechnical or soils engineer to determine soil conditions and to provide foundation and pavement recommendation to the satisfaction of the City Engineer. 20. Prior to the issuance of building and grading permits, the Developer shall submit a Construction Storm Water Management Plan (CSWMP) per the City of Chula Vista's Storm Water Management Standards Manual. 21. Prior to the issuance of building and grading permits, the Developer shall submit a Geotechnical Investigation. 22. A drainage study shall be prepared, which demonstrates the amount of flows contributed by the Project and the adequacy of fac'flities to handle the flows. Post-development flows shall not exceed pre-development flows. In addition, the project shall be designed such that flows are directed away from neighboring properties. 23. A hydrology study shall be required at the first submittal of gmdingJimprovement plans that demonstrates that post-development flow rate does not exceed the pre-development flow rate at the outlet of the site. 24. The Developer shall apply Best Management Practices (BMP's) to prevent pollution of the storm drain systems during and after construction. 25. Water quality and watershed protection principals shall be incorporated into the design of the project. Such measures shall minimize the discharge of pollutants into the storm drainage systems. 26. A water quality study shall be required demonstrating compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit including Standard Urban Storm Water Mitigation Plans (SUSM) and Numeric Sizing Criteria requirements. Special Operations Ordinance 2920 Page 7 27. The Developer shall develop and implement an integrated solid waste and recycling plan acceptable to the Special Operations Manager. The plan shall be designed to divert at least 50 percent of the waste stream generated by the project through participation in the City's residential recycling, yard waste, bulky pick up and household hazardous waste programs outlined in Sections 8.24 and 8.25 of the Chula Vista Municipal Code and the California Integrated Waste Management Act of 1989. Sweetwater Authority 28. Prior to the issuance of building permits, the Applicant shall obtain a letter from the Chula Vita Fire Depathnent stating fire flow requirements and submit the letter to the Sweetwater Authority for review. Chula Vista Elementary School District 29. The Applicant shall pay the appropriate school fees prior to the issuance of building permits. Standard Conditions 30. Any violations of the terms and conditions of this ordinance shall be grounds for revocation or modification of development permits. 31. 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. 32. Any deviation from the above noted conditions of approval shall require approval from the Redevelopment Agency. 33. The Developer 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 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. 34. The site shall be developed and maintained in accordance with the final approved plans which will include revised site plans, architectural elevations, Ordinance 2920 Page 8 exterior materials and color board, and landscape plans on file in the Planning Division, the conditions contained herein, and the Chula Vista General Plan. 35. 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. 36. 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. 37. The Developer shall be responsible for the building and landscaping maintenance in accordance with the approved project and landscape plans unless the Redevelopment Agency approves modifications. E. EXECUTION AND RECORDATION OF ORDINANCE 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/applicant's 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 City Clerk's Office. Signat~'of D e v e~l op e~a~p plicg,~ Date 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. SECTION 4: APPROVAL OF PRECISE PLAN Ordinance 2920 Page 9 The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including property Development Regulation for Broadway Urban Village, as represented in Exhibit "B". SECTION 5: 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 ~,~nning and Building Director Ann Moore City Attorney Ordinance 2920 Page 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of June, 2003, by the following vote: ATrEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, Salas and Padilla None None Step en alailla, ayor Sff~-fi Bigelow, 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. 2920 had its first reading at a regular meeting held on the 10th day of June, 2003 and its second reading and adoption at a regular meeting of said City Council held on the 17th day of June, 2003. Executed this 17th day of June, 2003. Susan Bigelow, City Clerk Exhibit A Replacement Page For Recording Purpose Only ORDINANCE NO. 2920 (760 Broadway) The drawings comprising Exhibit A of this Ordinance are not suitable for recording; thus, reference is made to the original of this document or a copy thereof, which is in the possession of The Bitterlin Development Corporation/Carter Reese and Associates (Developer) and the Redevelopment Agency of the City of Chula Vista. Exhibit A of this Ordinance comprises 2 pages; page one is the Project Site Plan and page two contains the Project's Elevations and Floor Plans. Exhibit "B" DEVELOPMENT STANDARDS A. Broadway Urban Village The following chapter details the specific development standards and regulations for development and individual residential lot improvements, the loft apartments and the commercial/retail buildings within Broadway Urban Village. 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 and Chapter 19.36 Central Commercial (C-C) zone. Residential 1. Allowed Uses Allow uses shall be those that are identified in the R~3 zone as permitted uses, 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 building setback, parking and open space requirements are in conflict, the lot specific map (Exhibit "A") shall supersede the R-3 zone requirements. Commercial/Retail 1. Allowed Uses Allowed uses shall be those that are identified in the C-C as permitted uses, accessory uses and buildings and conditional uses except: electrical substations, gas regulators and any automobile related uses. 2. Development Standards The following development standards shall apply to all land and buildings within the C-C zoning district. Dimensions and standards shown in Table 1 are allowed. Where in conflict with the C- C zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the C-C zone development standards shall be used. Where building setback, parking and open space requirements are in conflict, the lot specific map (Exhibit "A") shall supersede the C-C zone requirements. TABLE 1 Precise Plan Development Standard for Lane Homes Lot Cdteria Lot area (minimum) Lot coverage (maximum) Lot depth (minimum) Lot width (minimum) FAR (maximum) Setbacks from Property Lines Front yard (minimum) Side yard (minimum) Rear yard (minimum) Maximum height No accessory structures are permitted on individual lots Parking Minimum open space Fencing 1,200 s.f. 70 percent 50 feet 24 feet 1.67 percent or 2,011 s.f. None required None required 15 feet 35 feet N/A 2-car garages/unit 390 s.f./unit 6 feet (3.5-foot high wood/2.5-foot high lattice) Development Standard for Lofts/Retail Uses Building Setbacks Front yard (minimum) Side yard (minimum) Rear yard (minimum) Maximum height Parking (lofts apartments) Parking (retail/commercial) Minimum open space for lofts None required None required 24 feet 45 feet 1.5 per unit 1 space per 200 s.f. 2,050 s.f. Notes: Table 1 figures are based on the information provided on the approved Precise Plan