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