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HomeMy WebLinkAboutOrd 2003-2944 I~) /" éÍ ßJ I I iì Recording requested by: City ofChul. Vista After recording return to: City Clerk's Office City ofChul. Vista 276 Fourth Avenue Chul. Vista, CA 91910 DOC # 2004-0181155 MAR 05. 2004 11:43 AM OFFICIrt. RECORDS ~ DIEGO COONTV RECORDER'S OFFICE GREGORY J. SMITH, ~TY REaJRDER FEES: 0.00 This space for Recorder's use only Document TiJk ORDINANCE NO. 2944 ORDINANCE NO. 2944 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PRECISE PLAN (PCM-03-21) FOR A MIXED-USE RESIDENTIAL AND RETAIL DEVELOPMENT LOCATED AT 825 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA 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 consists of one acre located at 825 Broadway ("Project Site"); and WHEREAS, the City Council held an advertised public hearing on the project on June 10, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after the hearing staff presentation and public testimony, the Council voted 5-0 to table the item to a date uncertain to address several concerns that were raised at the hearing; and B. Project; Applications for Discretionary Approval WHEREAS, on January 10, 2003, a precise plan application was filed by the Metropolitan Area Advisory Committee (MAAC) ("Developer") with the Planning and Building Department of the City of Chura Vista requesting a precise plan to develop a mixed-use project that includes 41 residential apartments for senior citizens above 2,219 square feet of retail/commercial space, a manager's unit and reductions in setbacks, parking and open space requirements ("Project"); and C. Prior Discretionary Approvals WHEREAS, the Design Review Committee held an advertised public hearing on the project on April 21, 2003, at 4:30 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0 to recommend that the City Council approve the project, in accordance with the findings listed below; and D. Planning Commission Record on Applications 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 feet of the exterior boundary of the project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the project on May 14, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 4-0 to recommend that the City Council approve the project, in accordance with the findings listed below; and Ordinance 2944 Page 2 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 Council held an advertised public hearing on the project on June 10, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Council voted 5-0 to table the item to a date uncertain to address several concerns that were raised at the hearing; and 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 1,000 feet of the exterior boundaries of the project site at least ten (10) days prior to the hearing; and F. Discretionary Approval and Ordinance 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 II. The City Council of the City Chula Vista does hereby ordain as follows: A. Certification of Compliance with California Environmental Quality Act (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 was adequately covered in previously adopted Negative Declaration IS-03-oo8. The City Council has reviewed and considered Negative Declaration IS-03-008 and finds that no further environmental review or documentation is necessary. B. Independent Judgment of City Council The City Council has exercised of their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the proposed project adequately covered in Negative Declaration IS-03-oo8, and that said document was prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. C. 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 vicinity or injurious to property or improvements in the vicinity. The mixed-use project will introduce new retail and commercial uses and affordable rental units for senior citizens who will have the opportunity to experience a unique living environment by implementing property development standards. Additionally, the project will assist in implementing a "Generations Together" program that brings together senior citizens and the youth who attend the Chula Vista Charter School adjacent to the project site to participate in a J Ordinance 2944 Page 3 variety of character building programs. The project will not negatively impact the area because a new traffic control system has been implemented to alleviate the existing traffic congestion in the area. The project will introduce new retail and residential uses into an area where these uses currently exist. The project has been designed to function adequately on the I-acre site and is not out of scale with the surrounding area. The project also provides a transition from retail commercial along Broadway to the residential uses toward the east, which is an appropriate function of a mixed-use project. 2. That such plan satisfies the principle for application of the "P" modifying district as set forth in CVMC 19.56.041. Section 19.56.041(B) provides for the application of the "P" modifying district it the property or area is in an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages, which might otherwise prove incompatible. The project is located on Broadway and is adjacent and contiguous to the C- T (Thoroughfare Commercial) zone, which allows various commercial and retail uses. Additionally, residential uses are nearby to the southeast and northeast. The project will introduce retail and residential uses that coexist allowing compatibility within the context of the existing land 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 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 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. Parking: The project has been analyzed within an urban context, in which parking on the public street is typical for retail and commercial uses having frontage along the public right-of-way. Parking along Broadway is typical for the existing retail uses; therefore parking for the retail portion of the project will be consistent with the existing retail uses along Broadway. The CVMC requires the project to provide 74 spaces (63 for residential parking and 11 for retail). The project is subject to on-site requirements including trash enclosures and open space, which limits the developer's ability to meet the on-site parking requirement. The project will provide a total of 45 on-site parking spaces and will use a parking ratio of 1:1 for the 42 residential units providing a designated parking space for each unit. The remaining three spaces would be available for retail parking. The project's retail space is approximately 2,200 square feet of floor area, which limits the number retail uses up to two small stores and the parking Ordinance 2944 Page 4 space demand. The project has sufficient frontage along Broadway to provide for parking spaces for the retail uses, which has a 2-hour parking limit, which will provide adequate parking for the retail uses. Furthermore, public transit is available within a reasonable distance that services the site, and operates in 15-minute intervals. Setback reductions: The project site is currently zoned Thoroughfare Commercial, Precise Plan (C-T-P) and is subject setback 1O-foot front setback. However, the project's rezone from C-T-P to Central Commercial, Precise Plan (C-C-P) (Ordinance 2943) requires a 25-foot front setback for the project. The project will have a 6-foot front setback from the public sidewalk, and will have balconies at the second and third floors that project into the setback. Other retail and commercial uses along Broadway maintain zero or minimal front setbacks, which is typical for commercial zones within an urban context. The proposed 6-foot setback is consistent other retail and commercial front setbacks, and will not impact the public right-of-way. On-site open space: The CVMC requires the project's residential component to provide 400 square feet of common open space per unit. In this case the 42 units would be required to provide 16,800 square feet of on-site open space. The project will provide approximately 6,100 square feet of on-site open space, which includes a large courtyard, a community room, lounge areas, a library and a recreation room. The project is immediately adjacent to the Charter School's recreation field, which the residence will have access to as provided in a written agreement between the Chula Vista Elementary School District and MAAC. This will provide adequate and accessible open space for the project residents in addition to the on-site open space. 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 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 General Plan, Southwest Redevelopment Area Plan and the Chula Vista Municipal Code. D. TERMS OF GRANT OF THE PRECISE PLAN The City Council hereby grants the Precise Plan (PCM-03-21) and Property Development Standards subject to the following conditions: Planning and Building Department 1. The Developer shall incorporate the approved materials and colors for all buildings in accordance with the materials and color board submitted on January 13, 2003, which include an exterior stucco finish for the wall and buildings. 2. The Developer shall comply with all requirements of the Building Division including the following codes for 2001: California Building Code -.----.-- . -~-~-_._._.~---_._..._._- --._-~--_.__-o Ordinance 2944 Page 5 California Plumbing Code California Mechanical Code California Electrical Code Energy Code Handicap Accessibility Requirements 3. 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. B. C. D. E. Show an enhanced accented landscape treatment for entrances. Provide raised planters at the corner and the overall Broadway elevation. Provide canopy trees at the sidewalk along Broadway. Provide planter cutouts within the on-sire parking lot. Show all downspouts connected to the sewer and not across driveways or planter areas. Provide an irrigation or water source design for all raised planters. Enhance the paving in the courtyard. Provide a Water Management Plan per requirements of the City Landscape Manual during building permit submittal. Encourage the use of street furniture as appropriate with the type of retail use. F. G. H. I. 4. 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. 5. The Developer shall provide drop-off zones and waiting areas with appropriate seating and overhead shelters. These should be located as close as possible near the primary entrances. The Developer shall provide a raised wood planter. The dimensions shall conform to the ADA planter standards for individuals with reach limitations and mobility aids. 6. 7. 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 8. 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 Ordinance 2944 Page 6 9. 10. 11. 12. 13. Fire Department 14. include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for post-construction control measures. The Developer shall obtain a grading permit in accordance with the Subdivision Manual and Grading Ordinance prior to the issuance of any building permits. The Developer shall complete the applicable forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 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 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. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES 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. 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. All buildings shall be fully fire sprinkled (NFPA13). The Developer shall install a standpipe system, fire extinguishers, on site fire hydrant, Knox boxes, a Knox override gate key switch and an optical gate opening system. The building shall have roof access. Sweetwater Authority 15. Prior to the issuance of building permits, the Developer shall obtain a letter from the Chula Vita Fire Department stating fire flow requirements and submit the letter to the Sweetwater Authority for review. Chula Vista Elementary School District 16. The Developer shall pay the appropriate school fees prior to the issuance of building permits. Special Operations 17. 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 ""'-.--'_-00 -o_---~-~~-------oo._----'-~_..~_.. ---- Ordinance 2944 Page 7 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. Standard Conditions 18. 19. 20. 21. 22. 23. 24. Any violations of the terms and conditions of this permit shall be ground for revocation or modification development permits. All development permits 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. Any deviation from the above noted conditions of approval shall require approval from the Redevelopment Agency. The Developer shall and does hereby agree to indemnify, protect, defend and hold harmless City, its and 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 fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of the Rezone and 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) Developer'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 Rezone and Precise Plan where indicated below. Developer compliance with this provision is an express condition of the Precise Plan and this provision shall be binding on any and all of Developer'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 shall be subject to any and all new, modified or deleted conditions imposed after approval to advance a legitimate govemmental 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. Ordinance 2944 Page 8 25. The Developer shall be responsible for the building and landscaping maintenance in accordance with the approved project and landscape plans unless the Director of Planning and Building approves modifications. 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 Developer and property owner 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 Developer and/or property owner, 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 Office of the City Clerk. ~~~ Signature of Property Owner of 825 Broadway SLlJ A-f..} Ifi /lr: J /::¡fI-f tE: òJ-/,of ó1 Date 149 loti Signatur Kt:presen i e Date /fJí7L-tfELL- 7lJ~ F. 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 anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this ordinance and the Precise Plan 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 including property Development Standards for Project as represented in Exhibit "B". IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. ----.- -'- - -_.~_._.._.. ----'-----. '~----_U_"'-"---- Presented by Ordinance 2944 Page 9 Approved as to form by 0-- ÌÌA ~ Ann Moore City Attorney P ASSED¡ APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9 h day of December, 2003, by the following vote: Davis, McCann, Rindone, Salas and Padilla AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ATTEST: STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA None None ~UL I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2944 had its first reading at a regular meeting held on the 14th day of October 2003 and its second reading and adoption at a regular meeting of said City Council held on the 9th day of December, 2003. Executed this 9th day of December, 2003. 1 J~CL AfM/~1~ ~ Susan Bigelow, "CMC, City Qlérk Exhibit "A" K~~ ~<~ ~~. EXHIBIT "B" MAAC Precise Plan Guidelines Property Development Standards for Commercial/residential Mixed-use projects: I. Building Setbacks: a) Building Setbacks: Front: 5* Side: 0 Rear: 0 Ext Side 5* * Architectural Projections, such as open balconies, bay windows, storefront canopies, etc. may encroach within the 5-foot building setback with Design Review approval. 2. Parking: a) Commercial The number of required parking spaces shall be per Municipal Code Section 19.62.050. However, on-street parking, up to 100 percent of the required parking, is allowed on Project site street frontage only. On-street parking stalls shall be 9 feet wide by 20 feet long. a) Residential Senior Housing: One space per unit, including caretaker unit Multi-family development, per Municipal Code Section 19.62.050. 4. Building Height: a) Three stories or 45 feet. whichever is less. 5. Open Space: a) Senior Housing Projects may have reduced open space with approval of the Precise Plan. b) Required private patio areas may also be reduced for senior citizen housing projects with approval of Precise Plan. c) For standard multifamily projects, private and common usable open space shall be provided as prescribed in Sectionl9.28.090 of the Municipal Code and City OfChula Vista Design Manual. 6. The Zoning Administrator may approve subsequent modifications to the Precise Plan by using the Design Review process.