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HomeMy WebLinkAboutPlanning Comm Rpts./1996/09/11 (6) PLANNING COMMISSION AGENDA STATEMENT Item 2 Meeting Date 9/11/96 ITEM TITLE: Public Hearing: PCM-97-02; Request to demolish and reconstruct a portion of a nonconfonning multiple family project located at 219 Madrona Street, within the R~3-P-14 zone - Faustino Martinez The request is to demolish and reconstruct a single family residence located at 219 Madrona Street, within the R-3-P-14 zone, The property is nonconfonning with respect to the density pennitted under current zoning; therefore, Planning Commission approval is required for any reconstruction. BACKGROUND: Four units (the existing single family residence and three apartment units) are currently located on this property, which is located in the R-3-P-14 zone (Apartment Residential/Precise Plan - 14 dwelling units per acre). Under current zoning regulations, only two units would be pennitted on this site. The applicant wishes to demolish and reconstruct the single family home; however, per Zoning Code Section 19,62.04, a nonconfonning use may not be reconstructed unless authorized by the Planning Commission, The Environmental Review Coordinator has detennined that this project IS exempt from environmental review under CEQA as a Class 1 exemption. RECOMMENDATION: That the Planning Commission adopt attached Resolution PCM-97- 02 approving the reconstruction of a portion of a nonconfonning use located at 219 Madrona Street, in accordance with the findings and subject to the conditions contained therein, DISCUSSION: Site Characteristics The project site consists of a level 6,750 sq.ft. parcel containing a two-story building with three apartment units behind a detached one-story single family residence, A driveway along the west side of the parcel leads to the site parking, which is located at the rear of the property behind the apartment units. Landscaping exists at the front of the property (somewhat unkept lawn and miscellaneous plantings); this area is surrounded by chain link fencing and provides a usable front yard area for the single family dwelling. Page 2, Item _ Meeting Date 9/11/96 Zoning and Land Use Site - North - South - East - West - R-3-P-14 R-3-P-14 R-3-P-22 R-3-P-14 R-3-P-14 Multi-family Residential Single Family Residence Single Family Residence Multi-family Residential Multi-family Residential (4 Units) (4 Units) (3 Units) The project site is located within a residential neighborhood containing a mix of older single family and multi-family uses, Both the westerly and easterly adjacent properties contain apartment units, while directly south across the street are single family residences. Temple Beth-Shalom is located across the street to the east, at the southwest corner of Madrona Street and Second Avenue, The majority of the residential lots on this block are of similar size, and would qualify for the same number of units (namely, two) under the current zoning; both adjacent properties, as well as other properties on this block, are also nonconfonning with respect to density, Proposal The proposal is to demolish and replace the existing one-story single family residence on this property with a two-story single family residence with an attached garage. No modification to the existing three-unit apartment building is proposed. ANALYSIS: Nonconfonning Use Regulations The site is located within an area that was rezoned from R-3 to the current R-3-P-14 designation in 1991. As noted previously, four dwelling units currently exist and would remain under this proposal. Under the current zoning only two would be pennitted, and even under the previous R-3 zoning, the property was considered nonconfonning because it would qualify for only 3 units. The site is therefore subject to the City's Nonconfonning Uses regulations under Chapter 19.64 of the Zoning Code. Section 19,64.050 states that "A nonconfonning use shall not be enlarged, extended, reconstructed, substituted, or structurally altered.,.", However, certain exceptions to this are provided. These exceptions include Section 19.64,060(A) which states that".. ,a nonconfonning use which is detennined by the [Planning] commission to be of the same or a more desirable nature may be substituted for another nonconforming use"; and Section 19.64.160 which states that "Requirements prohibiting restoration or reconstruction or requiring discontinuance of nonconfonning uses may be modified by the planning commission for Page 3, Item _ Meeting Date 9/11/96 dwellings located in any R zone.,." (please see zoning code sections attached). Neighborhood Compatibilitv This neighborhood features a mix of single family and multiple family dwellings. The proposal would retain a single family residence at its current location toward the front of the property with the multiple-unit structure behind it. Although nonconforming, given the existing uses surrounding this site (single family as well as multi-family), the proposal is not incompatible with the character of the neighborhood. Since the intent of the Nonconforming Uses section is to encourage phasing out nonconforming uses over time, leading to the existence of complementary and compatible uses as provided for within the regulations of individual zones, the question for the Planning Commission to decide is whether this use is likely to phase out on its own, and/or whether the requested replacement would be of the same or a more desirable nature than the existing nonconforming use, The existing use was nonconforming prior to the adoption of the current zone. Little redevelopment has taken place in this neighborhood, and redevelopment rarely occurs whereby a multi-family site is redeveloped with fewer units than were previously existing. Therefore, barring some natural disaster, it is reasonable to assume that the current units would not be phased out (or down from four to two) within the foreseeable future, The request for reconstruction does provide the opportunity to upgrade the site, thus providing for a replacement which would be more desirable in nature than the existing structure. With respect to consistency with surrounding uses, the single family residence at the foreground of the property, with the yard area at the front, is consistent with single family homes located directly across the street, and the multiple family units behind the single family dwelling are consistent with adjacent multi-family properties, Site Improvements The project could incorporate some improvements to the overall project which would benefit not only this property but also the surrounding neighborhood, thus lending to the determination that this project would be more desirable than the existing development. Site landscaping is untended, fencing is bordering on dilapidated, and the apartment building, which would still be somewhat visible from the street, could use "sprucing up", Although these are primarily design issues, this project will be reviewed by the Design Review Committee and the Planning Commission may, with approval of this project, direct that the DRC seek certain improvements while leaving the specifics to the DRC. Page 4, Item _ Meeting Date 9/11/96 Possible improvements could include modifying the proposal to mmlmlze the two-story appearance of the proposed residence and bring the project more into scale with surrounding properties; providing redeveloped site landscaping and irrigation; replacing fencing; and enhancing somewhat the appearance of the existing two-story apartment building. Additionally, it should be clear that the project will be required to meet all applicable development standards. CONCLUSION: Staff believes that the project can provide an opportunity to upgrade the current condition of the site for the benefit of the neighborhood; accordingly, it is believed that the project would represent the replacement of one nonconforming use with another which is of the same nature and is also more aesthetically desirable, Therefore, staff supports approval of the proposal subject to conditions which would ensure an upgrade of the overall site as indicated in the attached draft Planning Commission resolution. Attachments 1. Resolution PCM-97-02 2. Locator, Site Plan, Floor Plan 3. Zoning Code Section 4. Disclosure Statement (m: \home\planning \patty\pcc971 o. rep) RESOLUTION PCM-97-02 RESOLUTION NO. PCM-97-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING AN APPLICATION FOR THE RECONSTRUCTION OF A NONCONFORMING MULTIPLE FAMILY PROJECT LOCATED AT 219 MADRONA STREET, WITHIN THE R- 3-P-14 ZONE WHEREAS, a duly verified application was filed with the City of Chula Vista Planning Department on July 24, 1996 by Faustino Martinez, and; WHEREAS, said application requests approval to demolish and reconstruct a portion of a nonconforming multiple family project at 219 Madrona Street, within the R-3-P-14 (Apartment Residential/Precise Plan - 14 dufacre) zone, and; WHEREAS, the Municipal Code provides that a nonconforming use which is determined by the commission to be of the same or a more desirable nature may substituted for another nonconforming use, and; WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as a Class 1 exemption, and; WHEREAS, the Planning Director 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 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the hearing was held at the time and place as advertised, namely September 11, 1996 at 7:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby find, determine, resolve, and order as follows: I. Findings. The Planning Commission hereby finds that subject to the conditions set forth herein the proposed project will represent the replacement of one nonconforming use with another which is of the same nature and is also more aesthetically desirable. II, Conditional Grant of Pennit; Conditions. The Planning Commission hereby grants the request PCM-97-02, subject to the following conditions: A. With the exception of the specific project for which this approval is granted, no future rights with respect to this or any other dwelling units on the subject property are conferred by this approval. B, The project will be subject to all requirements and conditions of approval of the Design Review Committee (DRC-97-02). C. Site landscaping, fencing, and the apartment structure shall be upgraded to the satisfaction of the Design Review Committee, The architectural scale of the building and its visual impact upon surrounding structures shall be minimized to the satisfaction of the Design Review Committee. D, The project shall adhere to all current development standards. E. This resolution shall be recorded against the property known as 219 Madrona Street. Proof of said recordation shall be provided to the Planning Department prior to the issuance of building pennits. III, Additional Tenns and Provisions of Grant A. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, policies, or any condition of approval, or any provision of the Municipal Code as detennined by the Director of Planning, shall be grounds for revocation or modification of this approval by the City of Chula Vista, B, This approval shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety, or welfare which City shall impose after advance written notice to the grantee and after the City has given to the grantee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not imose a substantial expense or deprive Grantee of a substantial revenue source which the Grantee can not, in the nonnal operation of the approval granted, be expected to economically recover. C. This approval 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, IV. A copy of this resolution shall be transmitted to the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11th day of September, 1996, by the following vote, to-wit: AYES: NOES: ABSENT: Frank Tarantino, Chair Nancy Ripley, Secretary LOCATOR ! ---_.-.--"" =.~- .~.._"_... ,~._"."'..._...,,-~,..-,~'.__._- CHULA VISTA PLANNING DEPARTMENT LOCATOR ~, Alan Austin & PROJECT DESCRlPI1ON: C9 . faustino Martinez DESIGN REVIEW ~. 219 Madrona S...... Request: Proposal 10 replace a non-conforming single fomiJy Mlling With (3) aparimenfl. SCALE: FU NlJM8EII: NORTH No Scale ZONING CODE SECTIONS Olapter 19.64 .. NONCONFORMING USES Sections: 19.64.010 Declaration of policy. 19.64.020 Continuance of existing uses. 19.64.030 Completion of construction started prior to certain date. 19.64.040 Ezisting conditional uses to be considered nonconforming when. 19.64.050 Enlargement, extension or reconstruction prohibited-Ezceptions. 19.64.060 Substitution or eztension restrictions. 19.64.070 Cessation of use defined-Time limits. 19.64.080 Uses subject to mandatory discontinuance. 19.64.090 Tuning of discontinuance-Generally. 19.64.110 Discontinuance of structure having certain replacement value required-Tune IimiL 19.64.120 Removal of other uses and structures required- Notification- TlDle limits. 19.64.130 Uses not conforming to performance standards-TlDle limit for conformance. 19.64.140 Uses without conditional use permit or subject to fence requirements-Time limit for conformance. 19.64.150 Damaged or destroyed uses-Replacement restrictions. 19.64.155 Condominium Units - Replacement permitted. 19.64.160 Modification of provisions permitted when. 19.64.170 Repair or alteration permitted when. 19.64.180 Uses not conforming to setback or height requirements- Alteration or enlargement permitted when. . 19.64.010 Declaration of policy. Many nonconforming uses within the city are detrimental "9 the orderly development of the city and adverse to the general welfare of persons and property, in that said nonconforming uses constitute a special benefit or monopoly. In conformance with good zoning practices, it is the policy of the city that nonconforming uses shall be eliminated as soon as it is economically feasible and equitable to do so. (Ord. 1212 ~1 (part), 1969; prior code ~33.1101(A)). 19.64.020 Continuance of emting uses. Except as hereinafter specified, any use, building or structure existing as of July 8, 1969, may be continued, even though such use, building or structure may not conform with the provisions contained herein for the zone in which it is located; provided however, that this section does not apply to any use, building or structure established in violation of any zoning ordinance previously in effect in Chula Vista, unless said use, building or structure now conforms with the provisions herein. Except as otherwise provided by law, nothing in the ordinance codified in this title shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority. (Ord. 1212 ~1 (part), 1969; prior code ~33.1101(B)). 19.64.030 Completion of construction started prior to certain date. { A building, structure or part thereof which does not conform to the regulations for the zone in which it is situated, but for which a building permit was issued and construction started prior to July 8, 1969, may 1321 (R 9/94) ~ 19.64.080 Uses subject to mandatory discontinuance. The following nonconforming uses are illegal and shall be discontinued in Chula Vista after the useful economic value of the principal structures used in said uses has been realized by the owners of such structures: A. All nonconforming signs, billboards or commercial advertising 'structures; B. All nonconforming uses involving no structure or structures of an ,assessed value of five hundred dollars or less; C. Use permitted in an I-R or I.L or I zone when nonconforming in any CoN zone; D. Nonconforming residential uses located in an I-R, I-L or I Zone. (Ord. 1356 U (part), 1971; Ord. 1212 U (part), 1969; prior code 133.1102(C)). 19.64.090 Tuning of discontinuance-Generally. For determination of the time when such uses must be discontinued. the following tests and procedures are established, as set forth in Sections 19.64.100 through 19.64.160. (Ord. 1295 ~1 (part). 1970; Ord. 1212 U (part). 1969; prior code 133.1102(D)(pan)). ( 19.64.110 Discontinuance of structures having certain replacement value required-TlDle IimiL Nonconforming structures having a permit value, or by an appraisal made by the building inspector. of five hundred dollars orless shall be abated in three yean from date of notification. (Ord. 121211 (part). 1969; prior code ~33.1102(D)(2)). 19.64.120 Removal of other uses and structures required-Notification-Tune limits. A. Every nonconforming building in any of the R zones. except residential buildings. churches and schools, which nonconforming building was designed or intended for a use not permitted in the R zone in which it is located. shall be completely removed or altered to structurally conform to the uses permined in the zone in which it is located. and the use of such building shall be changed to conform with the uses permitted in the zone in which it is located within the times specified in this chapter. upon notice from the planning commission. which time is measured from the date of construction. or from the date of the last transfer of title prior to July 8.1969. whichever is the lesser. B. The provisions of this chapter shall also apply to every nonconforming building or use in the industrial zones which is used for. or devoted to. any residential purpose, hospital (except emergency hospitals). hotels. institution or home for the treatment of convalescent penons. alcoholics. the wounded or mentally infirm.lodginghouses. schools, trailers used for human habitation orttaiJer camps; and which nonconforming building was designed or intended for a use not permined in the I zone in which it is located. C. In no case where the property is improved by structures requiring a building permit shall this period of time be less than ten yean from date of notification by the planning commission. except as provided in subsection 1 following. As used in this section, the designations 'type I building: 'type 1323 (R 9/94) be completed in accordance with such plans, providing the work is prosecuted continuously and without delay. Such building shall be deemed to be a nonconforming use and shall thereafter be subject to the regulations set forth herein. (Ord. 1212 ~1 (part), 1969; prior code ~33.1101(C)). '~ 19.64.040 Ezisting conditional uses to be considered nonconforming when. Any use legally existing as of July 8, 1969. which is listed as a conditional use in the zone wherein located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this title. (Ord. 1212 U (part), 1969; prior code ~33.1101(D)). . 19.64.050 Enlargement, extension or reconstruction prohibited-Ezceptions. A nonconforming use shall not be enlarged, extended. reconstructed. substituted or structurally altered, except in conformity with the order of a duly constituted authority. unless the use is changed to a use permitted in the zone in which such building or premises is located. and except as set forth in Sections 19.64.060 through 19.64.180, as follows. (Ord. 1212 ~1 (part). 1969; prior code ~33.1102 (part)). 19.64.060 Substitution or eztension restrictions. A. When authorized in accordance with the provisions herein. a nonconforming use which is determined by the commission to be of the same or a more desirable nature may be substituted for another nonconforming use. B. Whenever a nonconforming use has been changed to a conforming use. such use shall not be changed to a nonconforming use thereafter. . C. When authorized by the commission, in accordance with the provisions herein. a building devoted to a nonconforming use may be enlarged or completed upon the same lot or parcel where such completion is necessary and incidental to its use. (Ord. 1212 U (part). 1969; prior code ~33.1102(A)). 19.64.070 Cessation of use defined-TlDle limits. A use shall be deemed to have ceased when it has been discontinued either temporarily or permanently, whether with the intent is to abandon said use or not. A. Cessation of use of building designed for nonconforming use: A building or structure which was originally designed for a nonconforming use shall not be put to a nonconforming use again when such use has ceased twelve months or more. B. Cessation of use of building not designed for nonconforming use: A building or structure which was not originally designed for a nonconforming use shall not be put to a nonconforming use again when such use has ceased for six months or more. C. Cessation of use of nonconforming use of land: A nonconforming use of land. not involving any building or structure. except minor structures such as fences. signs and buildings less than four hundred square feet in area shall not be resumed when such use has ceased for six months or more. (Ord. 1212 ~1 (part). 1969; prior code ~33.1102(B)). ~ (R 9;94) 1322 11 building," 'type III building," -type IV building," and "type V building' are employed as defined in the Building Code: ~ 1. Where property is unimproved or is occupied by structures of a type for which the Building Code does not require a building permit, or any trailer park, five years &her receipt of notification from the planning commission; 2. Type IV or type V buildings (light incombustible frame and wood fr!UDe) fifteen years; 3. Type I. type II or type III buildings (fire resistant, ordinary masonry or heavy timber construction) twenty.five years. . D. Where more than one type of building has been constructed on the property and such buildings are used as a part of the business conducted on the property, the longest period of time permitted before removal is required for any such building by the provisions of this chapter shall apply to all such buildings. E. Where buildings have been constructed on the property at different times. and where the abatement period is measured by the date of construction, the date of removal shall be measured from the date of the construction of the building most recently constructed. COrd. 1212 ~1 (part), 1969; prior code ~33.1102(D)(3)). 19.64.130 Uses not conforming to performance standards-TlDle limit for conformance. All uses nonconforming as of July 8, 1969, by reason of noncompliance with performance standards established herein shall r.dopt measures necessary to conform therewith within five years of July 8. 1969. (Ord. 1212 i1 (part). 1969; prior code ~33.1102(D)(4)). . 19.64.140 Uses without conditional use permit orsubjec:t to fence requirements-1ime limit for c:onformance. Any use that is not conducted wholly within an enclosed building as required herein and any use that has fencing requirements shall be considered nonconforming if said use has not complied to the requirements of applying for a conditional use permit or conformed to the fencing regulations as notified within one year of notifications and shall be abated in three years from the date of notification. (Ord. 1356 il (part). 1971; Ord. 1212 U (part), 1969; prior code i33.1102(D)(5)). 19.64.150 Damaged or destroyed uses-Replac:ement restrictions. Any nonconforming building damaged more than sixty percent of its value. as established by the director of building and housing inspection, at the time of damage by fire, flood, explosion. wind, earthquake, war. riot, or other calamity or act of God. shall not be restored or reconstructed and used as before such happening except as provided in Section 19.64.155; but if less than sixty percent damaged. it may be restored. reconstructed or used as before, provided that such be initiated within six months and be substantially completed within twelve months of such happening. (Ord. 2599 i2. 1994; Ord. 1356 il (part), 1971; Ord. 1212 U (part). 1969; prior code ~33.1102CD)(6)). C) (R 9/94) 1324 '. 19.64.155 Condominium Units. Replacement Permitted. Any residential condominium unit which is nonconforming with respect to density shan be allowed to be reconstructed in the event of destruction of greater than sixty percent of the property's improvement as defined in Section 19.64.150, provided such be initiated within six months and be substantially completed within twelve months of such happening. Said reconstruction shan meet all application code requirements in place at the time of reconstruction and. with respect to any increase in area. the owner shan comply with any appropriate financial or other mechanism sponsored by the Chula Vista Elementary School District and the Sweetwater Union High School District, as may be approved by the City. to mitigate impacts to school facilities. (Ord. 2599 ~3. 1994). 19.64.160 Modification of provisions permitted when. Requirements prohibiting restoration or reconstruction or requiring discontinuance of nonconforming uses may be modified by the planning commission for dwellings located in any R zone or to buildings nonconforming only on the basis of yard or height requirements. COrd. 135611 (part). 1971; Ord. 1212 ~1 (part), 1969; prior code ~33.1102CD)(7)). 19.64.170 Repair or alteration permitted when. . Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure. provided no structural alterations shan be made except such as are required by law or ordinance or authorized as permitted herein by the zoning administrator. (Ord. 1356 U (part). 1971; Ord. 1212 ~1 (part), 1969; prior code ~33.1102(E)(1)). 19.64.180 Uses not conforming to sethack or height requirements-Altention or enlargement permitted when. Any structure that is nonconforming because of setback or"height requirements may be altered and/or enlarged by approval of the zoning administrator on the basis that such alteratio!1 and/or enlargement shan conform to the regulations herein. COrd. 1356 ~1 (part). 1971; Ord. 1212 11 (part), 1969; prior code 133.1102(E)(2)). c 1325 (R 9/94) , DISCLOSURE STATEMENT ~- ..~.. :""""'..-:0 j .~",.-.._. C. .~'..l<W~.'Ad" ., ,...... THE C~ OF CHULA VISTA DISCLOSURE STLNT You are rcquircd to file a Statcment of Disclosure of ccrtain owncrship or financial intcrests, paymcnts, or campaign contrihutions, on all matters which will rcquirc discrctionaty action on thc part of thc City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all pcrsons having a financial interest in the property which is thc subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. FAUSTINO MARTINEZ MARTINEZ 2. If any person. identificd pursuant to (I) above is a corporation or partnership, list the names of all individuals owning morc than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE 3. If any person. identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or benellciary or trustor of the trust. NONE 4. Have you had more than $250 worth of business transacted with any member of the City starr, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ No~ If yes, please indicate person(s): _ S. Please identify each and evety person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before Ihe City in this matter. ALAN AUSTIN WARREN MAXWELL LAuRANCE WHYMAN 6. Have you and/or your officers or agents, in the aggr~ate, contribuled more than $1,000 to a Councilmember in the currenl or preceding election period? Yes_ No_ If yes, state which Councilmember(s): · · · (NOTE: Attach additional pag<<u- Date: 6-14-96 FAUSTINO MARTINEZ Print or type name of contractor/applicant . PtrIm, u defi'ted tu: "AllY ill.dividl4a/, /inn, co-ptJ1'tIamhip, jow venlWt, t1Uoda,iotl, IOCUU cWb, fralmUJ/ orgallwlioll, corport.on, CIUUe, InUI, ~ ~4k, tJW mad mIY other cowuy, cily QN/ cou/J/f)', city mWlicipa/iIy, disDicl, or other po/ilit:aJ subdj,Vion, or any olher ~p or combinDlion <<ling 11111 waiL "