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HomeMy WebLinkAboutPlanning Comm Reports/1993/06/21 (2) MEMORANDUM TO: FROM: DATE: SUBJ: Chula Vista Planning Commission )0/' Martin Miller, Associate Planner.ll\.~ June 21,1993 1''' Item No.1, PCC-93-39/IS-93-36: Revised Conditions of Approval/ Addendum Please find below revised conditions of approval for PCC-93-39, the request to establish transitional housing for homeless families at 31 Fourth Avenue. These changes are the results of consultation with the City Attorney's Office, the Engineering Department and the Planning Department and reflect a more exact consensus of the conditions which City staff is recommending for this project. The original conditions of approval can be found on page 1-113 of the packet you received last week from the Planning Department. Please note that a completely new resolution is also attached which incorporates these changes and can be slip-sheeted into your packet. In addition to the changes listed below, please find attached the Addendum to the Mitigated Negative declaration IS-93-36. New environmental information necessitated this addendum, as described therein. "BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants conditional use permit PCC-93-39 subject to the following conditions whereby the applicant shall: 1. Comply with and implement all requirements of the Chula Vista Municipal Code and applicable Fire Department and Building Department requirements, as appropriate. 2. Prior to occupancy, submit the rules for residency to the Director of Planning for review and approval.. and maintain compliance throuqhout occupancv. 3. Perform a studv of and ifmplement a solution to the potential courtyard drainage problem, (IS iaentificd in tAe Negative Deolaration fer j!, 9:3 :36, to the satisfaction of the City Engineer. 4. Malle BCBieation ef street right ef "...ay in thc farm of an 10D (irrevaeaBlc offer af aeaioation). ta tAe satisfaetion of tAe City EnIJincar. Transport all school aaed children to their school of attendance. In the event a child must attend a school within the Chula Vista Elementary School District. said child shall attend the school determined bv the District. 5. SeheBule a sceurity survey witA the CAuls Vista Police DCJ3artmcnt and implement their suggestians, as approJ3riate, in ardor to BnAsncc tAe PCC-93-39: Revised Conditions June 21. 1993 Page 2 security sf the fucility. Imclement the suaaestions of the Chula Vista Police Decartment security survey dated May 14. 1993. in order to enhance the security of the facility. 6. This 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 adyance 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 can not, in the normal operation of the use permitted, be expected to economically recover. 7. This conditional use permit shall become void and ineffective if not utilized within one year form the effective date thereof. in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation." If you have any questions regarding these changes, please contact me at your convenience at 476-5335. D R AFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT PCC-93-39, A REQUEST TO ESTABLISH A SHORT-TERM, TRANSITIONAL HOUSING PROJECT FOR HOMELESS FAMILIES AT 31 FOURTH AVENUE IN THE R-3 ZONING DISTRICT WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on April 28, 1993 by South Bay Community Services ("Applicant"); and WHEREAS, said application requests approval of a conditional use permit (PCC- 93-39) to establish a short-term, transitional housing project for homeless families for a maximum of 43 residents and one resident manager in the R-3 Zoning District ("Project") at 31 Fourth Avenue ("Project Site") (Attachment "A" in the Staff Report); and WHEREAS, the Planning Commission held a public hearing on June 23, 1993 and voted _- _-_ recommending that the City Council approve subject Project; and WHEREAS, the City Clerk set the time and place for a hearing on said application 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 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. July 13, 1993 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-93-36. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby find: 1 . That the project will have no significant environmental impacts and adopt the Negative Declaration issued on 18-93-36. The City Council hereby finds that the Project will have no significant environmental impacts in that the Project does not have: A. The potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause Resolution No. Page #2 a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. B. The potential to achieve short-term, to the disadvantage of long term, environmental goals. C. Impacts which are individually limited, but cumulatively considerable. D. Effects which will cause substantial adverse effects on human beings, either directly or indirectly. The following findings are required pursuant to Section 19.14.080 of the Municipal Code: 2.. That the proposed use at the particular 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 conditional approval of PCC-93-39 at the proposed location is necessary and desirable in order to provide a service which will contribute to the general well being of the community in that there is an existing, apartment complex in place. and the service to be provided by South Bay Community Services will contribute to the community by providing short-term, transitional housing for homeless families in the South Bay area. 3. 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 conditional approval of PCC-93-39 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 project vicinity or injurious to property or improvements in the project vicinity in that the project is residential in nature and will not negatively impact parking, circulation, services or residences in the project's vicinity. Resolution No. Page #3 4. That the proposed use will comply with the regulations and conditions specified in this code for such use. The conditional approval of PCC-93-39 complies with the regulations and conditions of ~he Municipal Code in that the project is conditioned to comply with the requirements of all applicable City departments, will not generate excessive traffic, and provides adequate off-street parking in accordance wit the Planning Commission determination, pursuant to the Chula Vista Municipal Code, Section 19.62.050. 5. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The conditional approval of PCC-93-39 will not adversely affect the General Plan of the City of Chula Vista in that quasi-public uses are unclassified, which are allowed in any zoning district upon approval of a conditional use permit. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants conditional use permit PCC-93-39 subject to the following conditions whereby the applicant shall: 1. Comply with and implement all requirements of the Chula Vista Municipal Code and applicable Fire Department and Building Department requirements, as appropriate. 2. Prior to occupancy, submit the rules for residency to the Director of Planning for review and approval, and maintain compliance throughout occupancy. 3. Perform a study of and implement a solution to the potential courtyard drainage problem, to the satisfaction of the City Engineer. 4. Transport all school aged children to their school of attendance. In the event a child must attend a school within the Chula Vista Elementary School District, said child shall attend the school determined by the District. 5. Implement the suggestions of the Chula Vista Police Department security survey dated May 14, 1993, in order to enhance the security of the facility. Resolution No. Page #4 6. This 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 can not, in the normal operation of the use permitted, be expected to economically recover. 7. This conditional use permit shall become void and ineffective if not utilized within one year form the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. That a copy of this resolution be transmitted to the applicant. Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION IS-93-36 South Bay Community Services Sixty-Day Short-Term Housing 31 Fourth Avenue PROJECT NAME: South Bay Community Services Sixty-Day Short-Term Housing PROJECT LOCATION: 31 Fourth Avenue PROJECT APPLICANT: South Bay Community Services, Inc.. PROJECT AGENT: Robert, Bein and Frost/Shoulders and Sanford CASE NO.: IS-93-36 I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; 2. Additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. This addendum has been prepared in order to provide additional information and analysis concerning drainage impacts.. As a result of this analysis, the basic conclusions of the Negative Declaration have not changed.. Drainage impacts are found to be less than significant for the proposed project. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to the Mitigated Negative Declaration for the South Bay Community Services 60-Day Short-Term Housing for the Homeless IS-93-36 which will make the determination that mitigation for drainage under CEQA is not required for this project and therefore will recommend adoption of a Negative Declaration.. WPC F:IJ-IOME\PLANNING\ADDENDUM Page 1 II. PROJECT DESCRIPTION The proposed project is the conditional use of an eXlstmg multi-family apartment building for families in need of transitional housing.. A maximum of 60 days is allowed. No exterior physical alterations are anticipated. Only minor interior alterations are anticipated.. There are no changes in the project description .. III. PROJECT SETTING The project setting consists of an existing 14 unit, two-story 9,412 sq. ft. apartment building on an 18,000 sq.ft parcel located at 31 Fourth Avenue. The fourteen apartment unit building, constructed in 1972 consists of 2 two-bedroom units and 12 one-bedroom units. The current number or residents at this building is approximately 34 people.. The units center around a landscaped courtyard. The pedestrian entrance to the complex is on Fourth Avenue and the parking area is in the rear of the complex - accessed from Fourth Avenue via Offerman Lane - a private road, and through a vehicular access on the property located at 17 Fourth Avenue.. Eighteen parking spaces are provided for this building.. IV. IDENTIFICATION OF ENVIRONMENTAL EFFECTS Drainage The previously circulated Mitigated Negative Declaration identified that there was a potential impact from inadequate drainage and that as mitigation, a monitor would field check the existing on-site drainage and that any problem would be corrected by the applicant.. Engineering comments on the Initial Study had stated that "Ponding may occur adjacent to buildings".. Subsequent to the circulation of the mitigated negative declaration and in order to obtain more specific information on the potential problem, the planning department staff and the engineering department staff went to the site to observe the situation.. Because of the unevenness of the concrete slabs in the courtyard between the two apartment buildings at 31 Fourth Avenue, it was clear that if it rained the courtyard could become slippery and there could be safety hazards.. At present, there was no apparent locations for some of the water to drain.. Staff from the Engineering Department stated that if the soil were removed to a level of about two inches below the slabs in the areas that are cut for landscaping, drainage would be absorbed into the landscaped areas and the majority of the remaining water would drain from there out to the street.. The checklist form, under the area of WATER, asks whether the proposed project will result in changes in absorption rates, drainage patterns or the rate and amount of surface runoff.. The answers to this question are then used to determine whether the project could potentially result in significant impacts. As the project is not requiring any new construction and there will not be any additional surfaces that will create additional runoff, and as the drainage problem is one that is in existence now and not created by this project, there is not a potential for a significant environmental concern.. WPC F:\HOME\PLANNING\ADDENDUM Page 2 V. CONCLUSION Drainage impacts are found to be less than significant Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that as a result of additional or refined information available since completion of the Mitigated Negative Declaration and that these changes do not show the project will have one or more significant impacts which were not previously addressed in the Mitigated Negative Declaration and that in fact they make the need for a "Mitigated" Negative Declaration a moot point and that the Negative Declaration, as amended, is adequate under the CEQA ENVIRONMENTAL REVIEW COORDINATOR REFERENCES WPC F:\HOME\PLANNING\ADDENDUM Page 3