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HomeMy WebLinkAboutPlanning Comm Reports 2003/10/08 AGENDA PLANNING COMMISSION MEETING Chula Vista, California Wednesday, Odober 8, 2003, 6:00 p.m. Council Chambers 276 Fourth Avenue Chula Vista, CA 91910 CALL TO ORDER: Castaneda Madrid O'Neill Hall Cortes Hom Felber ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES September 24, 2003 INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jLlrisdiction bLlt not an item on today's agenda. Each speaker's presentation may not exceed three minLltes. 1. ACTION ITEM: Report on closure of Environmental Impact Report review period for the 2003Redevelopment Plan Amendment for the BayfrontiTown Centre I and the Merged Chula Vista Redevelopment Plans. Project Manager: Miguel Tapia, Principal Community Development Specialist Staff recommends that the Commission take any public testimony and close the public review period. 2. PUBLIC HEARING: ZA V 03-11; Appeal of the Zoning Administrator's decision to grant a variance allowing a dental practice to use an existing office site that does not meet the on-site parking and driveway width requirements. The project is located at 235 F Street in the Administrative and Professional Office (C-O) zone. Applicant: Dr. Susan Tulenko. Project Manager: Michael Walker, Associate Planner Planning Commission - 2 - October 8, 2003 3. PUBLIC HEARING: PCC 03-77; Conditional Use Permit to allow a dwelling group in the R1-5P Zone at 1168 Alpine Avenue. Project Manager: LynneUe Lopez, Associate Planner 4. PUBLIC HEARING: PCC-03-73; Conditional Use Permitto construct an 1,194 sf accessory second dwelling unit at 447 Oxford in compliance with State Government Code Sections 65852.2(b)(1)(A)-(I) for cities without adopted accessory second unit ordinances. Applicant: Javier Nunez. Project Manager: Lynnette Lopez, Associate Planner BUSINESS: DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA). requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay Service is also available for the hearing impaired. PAGE 1, ITEM NO.: MEETING DATE: I 10-08-03 PLANNING COMMISSION AGENDA STATEMENT ITEM TITLE: REPORT ON CLOSURE OF ENVIRONMENTAL IMPACT REPORT REVIEW PERIOD FOR THE 2003 REDEVELOPMENT PLAN AMENDMENT FOR THE BAYFRONT/TOWN CENTRE I AND THE MERGED CHULA VISTA REDEVELOPMENT PLANS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR 4/5THS VOTE: YES D NO 0 BACKGROUND During the past few months, the Planning Commission has been reviewing different elements of the proposed Redevelopment Plan Amendment, which proposes to (1) consolidate the redevelopment plans for the Town Centre II, Otay Valley. Southwest Redevelopment Constituent Area into one plan, (2) consolidate the redevelopment plans for the Bayfront and Town Centre I Redevelopment Areas into one plan, (3) add approximately 550 acres of property located along the commercial and industrial corridors of the western part of the City, and (4) re-establish the authority to use eminent domain in the Town Centre II and Otay Valley Redevelopment Areas. One of the important elements of this process is the preparation, review and certifications of an Environmental Impact Report pursLlant to the requirements of the California Environmental Quality Act (CEQA). This report has been prepared and was made available for public review for a 45-day period, which started on August 25, 2003 and ends on October 8. 2003. Pursuant to City policy, the Planning Commission is tasked with closing the public review and comment period. Tonight's action by the pianning commission is to consider any public comments and subsequently officially close the public review period. ATTACHMENTS Attachment: Copy of Draft Environmental Impact Report for the 2003 Redevelopment Plan Amendment. PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 3 10/08/2003 ITEM TITLE: Public Hearing: Consideration of a Conditional Use Permit. PCC-03-77, to allow a Dwelling Group consisting of two detached single-family dwelling units on a single 10t located at 1168 Alpine Avenue. The app1icant, Miguel Hernandez, has submitted an application requesting approval of a conditional use permit for a Dwelling Group at the property known as 1168 Alpine Avenue. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class (a), categorical exemption pursuant to Section 15303 (new construction) of the State CEQA guidelines. No further environmental review is necessary. RECOMMENDATION: Staff recommends that the P1anning Commission adopt the attached Resolution PCC-03-77, approving a conditional use permit for a Dwelling Group in the R-I-5P zone based on the findings and subject to the conditions contained therein. DISCUSSION: I. Site Characteristics The property is a 10,472 sq. ft. lot located on the west side of Alpine Avenue between First and Second Avenues (see Locator). The site is essentially flat and contains a single-family dwelling. The uses adjacent to the property include single-family dwellings, severa1 which are two single- family dwellings on one parcel. 2. General Plan, Zoning and Land Use Site: North: South: East: West: General Plan Residential, Low-Medium Residential, Low-Medium Residential, Low-Medium Residential, Low-Medium Residential, Low-Medium Zoning R-I-5P R-I-5P R-I-5P R-I-5P R-1-5P Current Land Use Sing1e-family residential Sing1e-family residential Single-family residential Sing1e-family residential Single-family residential 3. Proposal The proposed Dwelling Group consists of two dwelling units on a 10,475 square foot lot designated R-I-5P, in a neighborhood with several similar parcels as the proposed dwelling group. The 10t is presently occupied by an existing single-family home within the front 5,000 square feet of the lot. The second dwelling unit is proposed to be built in the rear 5,000 square feet with access from Alpine Avenue via a concrete drive along the south side of the property. (See Attached Site Plan). / Page 2, Item: Meeting Date: 10/08/03 The existing and proposed dwelling units square footage is as follows: EXISTING House: 755 sq. ft. Proposed Add. 328 sq. ft. Garage 434 sq. ft. PROPOSED Second Dwelling: 1,694 sq. ft Garage: 420 sq. ft Total: 1,517 sq. ft. Total 2.1 14 sq. ft. The new single-family residence will match the existing single-family residence in color and material. As part of this proposal the applicant will stucco and paint the existing residence the same color as the new residence to ensure that there will be conformity of all structures on the lot. ANALYSIS: The dwelling group is proposed in a Single-Family Residence (R-I-5P) zone. Dwelling Groups, defined by the CVMC as "a group of two or more detached buildings used for dwelling purposes located on any parcel of land in one ownership and having any yard or court in common," are permitted in the R-I zone with a Conditional Use Permit and are subject to the provisions of CVMC 19.58.130 (Attachment 3). The project, as proposed, is consistent with those provisions as follows: A. The area of the lot devoted to each structure is as follows: Rear 10t: 5,040 sq. ft., Front lot 5,432 sq. ft., inc1uding 1,335 sq. ft. for access driveway and one guest parking space. Because the two units share a common access driveway, it can be determined that the required 5,000 sq. ft. for the front lot has been met. B. Each dwelling unit will be connected to a gravity sewer, per condition No.6 C. All on-site utilities will be placed underground per Condition No.4. D. No garage conversion is proposed. E. All driveways and guest parking areas will be paved per Condition No.3. F. The 19-foot width of the access road meets the minimum IS feet required. G. The project proposed one guest parking space as required for dwellings that are served by an access roadway. H. The property does not require grading. I. The natural slope is less than 10 percent. J. The units of the dwelling group will comply with the required yards, as listed in the table below. K. The units of the dwelling group will comply with the minimum separation as listed in the tab1e below. DEVELOPMENT STANDARD Height Lot Coverage F100r Area Ratio (FAR) ALLOWED/REQUlRED 28 feet (2.5 stories) 40% 45% PROPOSED 16 feet 8 inches 35.2% 35.2% ~ Page 3, Item: Meeting Date: 10/08/03 26 feet 15 feet 19/5 feet front house 5/5 feet rear house Distance Between units 30 feet * 30 feet Parking 2-car garagell Guest Space 2-car garagell Guest space >1<] 9.58.130 (L) Minimum separation between units shall not be less than the combined total of yards required by the underlying 7one. Setbacks: Front Rear Side 15 feet 15 feet 10 feet (Combined) L. All development permitted under this provision shall be subject to the regulations and requirements of Title 19 of the CVMC, per Condition No.1. M. Site plan and architectural review for the proposed dwelling group has been provided by staff and shall be approved by the Planning Commission as part of the Conditional Use Permit. N. The proposed sing1e-family dwellings are permitted uses of the R-I-5P zone. The lot has sufficient size to accommodate the proposed dwellings and provides for adequate separation between the dwellings. The dwellings are proposed to be architecturally integrated in terms of design, building materials and colors, and will be compatible with other parcels on the same street that have two single-family dwellings on one lot. The Planning Commission, on a previous application at 1198 Alpine Avenue, had expressed some concern regarding the dwelling group provision and possible impacts on the residential character of single-family neighborhoods. This application differs from the previous appJication in that only one additional single-family residence is proposed and it will be set back 112 feet from the street. The previous application was for three units on one sing1e-family lot, each fronting Oxford Street. Further, though not a required element of the dwelling group provision, the proposed project will provide landscaping throughout the site. The project is consistent with the General Plan and the CVMC. Approval of the project requires compliance with the applicab1e codes and regulations, and all conditions must be satisfied prior to issuance of building permits or final inspections whenever applicable. CONCLUSION: Staff recommends approval of the application for a Conditional Use Permit to allow the dwelling group at 1168 Alpine Avenue, in accordance with the findings and conditions of approva1 in the attached Planning Commission Resolution PCC -03-77. Attachments I. Locator Map 2. Resolution PCC-03-77 3. Dwelling Group Provisions 4. CUP Application/Disclosure Statement J:\Planning\Lynnettc\administrative review\NOD\PlT-03-77 1 J(lM Alpine PC report,doc _3 SAN DIEGO COUNTRY CLUB ! MULTI FAMiLY UNITS CHULA VISTA PLANNING LC)OCATOR ~~~CI~';.,~T MIGUEL HERNANDEZ PROJECT ADDRESS: 116B ALPINE AVENUE SCALE: FILE NUMBER: NORTH No Scale PCC-03-77 c:lcherrylcllocatorsllocators03pcc03 77. cdr 03.28.03 AND BUILDING DEPARTMENT PROJECT DESCRIPTION: CONDITIONAL USE PERMIT Request: Proposing an addition to the existing single family dwelling on the lot. The applicant is also proposing a second dwelling unit. l./ I I RESOLUTION NO. PCC 03-77 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT TO ALLOW A DWELLING GROUP, CONSISTING OF TWO SINGLE FAMILY DETACHED DWELLING UNITS ON A SINGLE LOT LOCATED AT 1168 ALPINE AVENUE WHEREAS, a duly verified application for a conditional use permit was filed with the City ofChula Vista Planning and Building Department on March 13,2003 by Miguel Hernandez (Applicant); and WHEREAS. said Applicant requests approva1 of a Dwelling Group, as defined in Section 19.04.076 of the CVMC to include two single-family dwellings on an existing 10,476 square foot lot in the R-I-5P Zone; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class (a) Section 15303 (new construction) of the State CEQA Guidelines; and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit and notice of said hearing, together with its purpose, was given by its pubJication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was to be held at the time and place as advertised, name1y October 8, 2003, at 6:00 p.m. in Counci1 Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, after considering all reports, evidence, and testimony presented at said pubJic hearing with respect to the conditional use permit application, the Planning Commission voted to approve the conditional use permit; and WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the findings required by the City's ru1es and regulations for the issuance of conditional use permits. as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this 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 lot has sufficient size to accommodate the proposed Dwel1ing Group, and is compatib1e with the surrounding residential uses. The project as proposed, satisfies the conditions and requirements of Section 19.58.130 of the CVMC, and will contribute to J:\Planning\Lynnett~istrative review\RESOLUTION PCC-03-77 1168 ALPINE.doc S Page 2 . the general well being of the neighborhood by providing development consistent with the standards for the neighborhood and housing for the community. 2. 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 lot has sufficient size to accommodate the proposed dwellings, provides adequate separation between the proposed and surrounding dwellings and provides sufficient space to accommodated off-street parking. The proposed project will not visually impact the surrounding area as it is only one additional single-family residence that will be set back 112 feet from the street. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-03-77 requires compliance with all conditions, codes and regulations for the Single-Family Residence (R-I-5P) zoning district, as applicable, prior to the final issuance of any permit or occupancy for the use as described. 4. 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 project, as conditioned, is consistent with the General Plan, Zoning Ordinance and other applicable codes and regulations. The additional proposed detached single-family residence is compatible with the existing residence on the site and the surrounding land uses, as well as supports the established goal of The Chula Vista General P1an to provide a variety of housing opportunities. NOW THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION HEREBY grants Conditional Use Permit PCC-03-77 based on the above findings and subject to the following conditions: PLANNING & BUILDING DEPARTMENT CONDITIONS I. Develop and maintain the project in accordance with Title 19 of the CVMC and site plan, floor plan, and exterior elevations submitted with the CUP application and stamped received Septembcr 29,2003. 2. Obtain all required building permits in compliance with the 2001 Energy, Handicapped Accessibility, California Building Code, California Plumbing Code, California Mechanical Code and California Electrical Code requirements. 3. The applicant shall pave all roadways, driveways and parking areas with a minimum of fi ve inches of portland concrete cement. ~7 Page 3 4. The applicant shall remove the existing modular building from the site, prior to issuance of building permits. 5. All on-site utilities shall be placed underground. ENGINEERING DIVISION CONDITIONS 6. The appJicant shall pay the appropriate sewer connection and capacity fees, development impact fees, and traffic signal fees for the project. 7. The applicant shall install a separate sewer lateral for the new dwelling prior to the issuance of a building permit. 8. Ifrequired, provide grading plans to the Engineering Department for review and approval and obtain a grading permit as part of the building permit process. 9. Obtain a construction permit and construct street improvements per C.V. Drawing No. 00093, for the street widening and installation of curb, gutter, sidewalk and drainage improvements. 10. The project must comply with the City Of Chula Vista's Storm Water Management Standards Requirements Manual. The applicable forms must be completed and submitted to the Engineering Division. II. Both during and after construction, Best Management Practices (BMPs) shall be implemented to prevent pollution of the storm water conveyance systems. The applicant is required to identify storm water pollutants that are potentially generated at the facility and propose BMPs that will be implemented to prevent such pollutants from entering the storm drainage systems. Permanent storm water requirements shall be incorporated into the project design and shall be shown on the plans. 12. With first submittal of grading and improvement plans, a water quality study will be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. FIRE DEPARTMENT CONDITIONS 12. The 19 foot access way shall be maintained with an all weather driving surface and shall remain clear at all times to allow for emergency vehicle access. CHULA VISTA ELEMENTARY SCHOOL DISTRICT CONDITIONS 13. The applicant shall pay all appropriate school fees. 1 Page 4 STANDARD CONDITIONS 14. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document prior to the issuance of building permits. 15. 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 cannot, in the normal operation of the use permitted, be expected to economically recover. 16. This 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 permit to be reviewed by the City for additional conditions or revocation. 17. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 18. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City 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 and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemp1ated herein, and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of applicant's successors and assigns EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. ? Page 5 Failure to return the signed true copy of this document shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license be he1d in abeyance without approval. Signature of Property Owner Date Signature of Representative Date INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution 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 resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit PCC -03-77 in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of October, 2003, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Steven Castaneda, Chair ATTEST: Diana Vargas, Secretary q I I. t > "i \ f .'7 ,,'" , I: ~i ! ~ , ." ;f ,.;: .~. y i r ---... Chula Vista Municipal Code J 9.58. J 30 council shalJ have the authority to grant such extenSIOns. 2. The guests shaJJ be prescreened by a rec- ognized soci31 service agency to detennine resi- d~nt suitability. Active alcohol or drug abusers as well as those with crimina] convictions of a felony or any crime of violence or significant mema1 ill- ness shall be excluded from the program. Supervi- sion shall be provided at 311 times both on-site and during arrivals and depanures from the shelter. 3. A floor plan and set-up of the space to be occupied shall be submitted 310ng with a descrip- tion of the prescreening agency and criteria. A post set-up, pre-shelter inspection shall be conducted by the city in order to determine complj- anCe with applicable building. health, safety and fire regulations. 4. A church wlllch is providing shelter for the first time. or wlllch has not provided shelter in the last 18 months, sh31J prov'ide the city with cer- tification that written notice of the propos31 has been given to propenies within 300 feet of the shel- ter site. The host congregation is encouraged to hold a neighborhood meeting to infonn residents of the proposal and answer questions well before the commencement date. 5. The shelter may be subject to closure for the violation of the standards or determination by the zoning administrator that the shelter guests have been the negligent or intentional cause of one or more neighborhood illsrurhances. 6. Shelter proposals beyond the limit noted in subsection (B)(1) of this section, including extensions. are considered conditional uses and may only be pennitted by issuance of a conilltional use pennit. (Ord. 2485 S I. 1991; Ord. 2290 S I, 1989: Ord. 2287 S 2. J 988: Ord. 2285 S 1. 1988; Ord. 1356 S I. 1971: Ord. 1212 S I, 1969; prior code S 33.90J(B)(\0))' 19.58.115 Dance floors. Dance floors in conjunction with restaurants, bars. cocktai110unges or night clubs shall be sub- ject to the following standards: A. Any structure containing a dance floor shall maintain a minimum setback of 20 feet from any residential zone; B. Ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards; C. Adequate controls or measures shall be taken to prevent offensive noise and vibration from within the establishment adversely affecting adja- cent propenies or uses: D. Parking requirements. as established in C\'MC 19.62.050. The zoning administrator may modify or waive any of the above regulations upon a detennination that the prodsion js being satisfied by another acceptable means. The zorring admirristrator may require additional conditions of approval based on an analysis of the site. Any violation of the above regulations or other conditions attached to the pennit shalJ be sufficient grounds for the city council to suspend or revoke the dance floor license pursuant to CYMC 5.26.J20. (Ord. 2273 S 8.1988). 19.58.120 Drive-in establishments. A. Drive-in establishments, except theaters, shall be pennitted only where: 1. They are clearly required by public conVe- nience and necessity; 2. They do not break up continwty of retail store frontage for pedestrians; 3. They will not cause traffic hazards or undue traffic congestion; 4. An enclosed area with containers is pro- vided for waste and trash; 5. They will not be a nuisance to residences or other surrounding uses. B. Theaters shall be located only on major or secondary thoroughfares: shalJ provide ingress and egress so designed as to mirrimize traffic conges- tion; shall be located not less than 200 feet from any R zone. and so screened from such district that any noise shall not illsrurh residents or prospective residents: and shall maintain lighted signs and other lights only in such a way as not to disturb neighboring residents. Any projection screen image shall be so located or screened as not to be easily visible from any major or secondary thor- oughfare. lOrd. 1356 S I. 1971: Ord. 1212 S 1. 1969; prior code S 33.90J(B )(11 )). 19.58.130 Dwelling groups, A dwelling group as defined in CYMC 19.04.076 may be pennitted: provided, that all of the following conditions and requirements are met: A. The area of the Jot devoted to each structure used for dwelling purposes shall be equal to the minimum lot size of the under1ying zOne exclusive of the access road and guest parking areas. B. Each dwelling shall be COIlI1ected to a grav- ity sewer or any other means approved by the city engineer. C. All on-site utilities shall be undergrounded. D. No garage conversions shall be pennitted. II) A17AcHMeNT 19-]45 .3 ! !, I I I' II iii ~ !1 ~, r 19.58.J40 E. All roadways. driveways and guest parking areas shal1 be paved with a minimum of five inches of portland concrete cement. F. The minimum width of an access roadway serving one dwelling structure shall be 15 feet and 20 feet for two or more structures. G. Guest parking shall be provided for those dwellings served by an access roadway. The num- ber of spaces shall be as follows: I. One dwelling structure. one space; 2. Two or more dwelling structures, one and one-half spaces per dwelling structure. H. An on-site fire hydrant may be required by the fire depanment when it is deemed necessary. I. If the property is graded to create a building pad for each dwelling structure, the minimum level pad area (no slope over five percent) of each pad shall be not less than 80 percent of the minimum lot size required for said dwelling, but in no case shall the minimum level area be less than 5.000 square feet. J. Development proposed on existing natural topography having an average natural slope of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be subject to the approval of the director of planning, who shall con- sider whether such development will adversely affect adjacent properties or development. K. The following yards shall be based upon the front orientation of the structures: 1. Front yard, 15 feet ITom the access road- way and from any setback line set forth in this sec- tion. Any garage facing the access roadway shall be a minimum of 22 feet from the access roadway; 2. Side yard, not less than that required by the underlying zone; 3. Rear yard, not less than that reguired by the underlying zone upon initial construction, L. In addition to the setbacks established in this section, the minimum separation between dwell- ings shall not be less than the combined total of the yards required by the underlying zone, except where the dwellings face each other, in wlrich case an additional 20 feet shall be provided between dwellings. M. All development permitted under this provi- sion shall be subject to the regulations and require- ments of this title except as otherwise regulated in this section. N. The development shall be subject to site plan and ?rclritectural approval of the director of plan- rung. O. The types of dwelling structures permitted under this provision shall be limited to those listed 1',: II !i 1', ,Iii 'I!: Ii' 'I , i I I I i I ! ! , I: I! I' I'l ill j r i I ~ I' " " 'I I, !: !I'i II , ,I I, i II 19-146 under the permitted uses of the underlying ZOne. (Ord. 1874 ~ I. 1979; Ord. 1356 ~ 1. 197I: Ord. 1212 g I, 1969; prior code ~ 33.901(13)(12)). 19.58.140 Electric substations. Electric substations. when located in A, R. C-O. C- V and C-N zones. shall conform to the following requirements: A. All buildings and equipment shall be required to observe the same yards applicable to buildings in each specific zone. B. The property shall be surrounded by a solid masonry wall, or chain-link fence subject to staff approval, not less than six feet in height, with locked gates at all points of access. Facilities may also be housed inside an approved structure. The wall or fence may be waived by the planning com- mission if they [rod there would be no detrimental effect on the adjacent areas by elimination of this requirement. C. The wall or fence shall be set back not less than 20 feet ITem principal street frontage and the space between said wall and street lot line provided with permanent landscaping and adequate sprin- klers or appropriate automatic irrigation devices. (Ord. 1356 ~ I, 1971; Ord. 1212 ~ I. 1969; prior code ~ 33.901(B)(13)). 19.58.145 Factory-built housing. "Factory-built housing" means any housing unit prefabricated or constructed off-site of the building site in modular increments of whatever nature in accordance with the standards established by state and local government. In accordance with the pro- visions of this title, such units, subject to any arclri- tectural controls wlrich may be established for particular areas, may be placed on a pennanent foundation on a private lot in the A and R-I zones and on lots designated for single-family detached dwelling units in the P-C zone; provided, that: A. It may be occupied only as a residential use; B. All development standards of the underlying zone pertaining to conventional single-family development are complied with; and C. The foundation is in compliance with all applicable building regulations. (Ord. 1941 g 2. ]981). 19.58.147 Family day care homes, large. A large family day care home shall be allowed in the R-E and R-I zones, and within the P-C des- ignated R-E and R-S zones, upon the issuance of a large family day care permit by the zoning admin- ~~ft.. ::::~_ _ CITY OF CHULA VISTA ""::. _ _-= Planning & Building Department 01Y Of 276 Fourth Avenue CHU1A VISTA (619)691-5101 TYPE OF REVIEW REQUESTED (Check One) Development Processing Application Form - Type A Page One Ii o Miscellaneous: ,staff use onlY) Case No.: f c c. - 0 '" - -:r; Filing Date: ?:'.-l") - . 03. By: LT Assigned Planner: Ph tAp 5 Receipt No.: 1:;:12..- 00<;1 ., 00 I Project Acct: 13 e, - \ \ \ -=/- Depos~ Acct: D 6l. - ~ '1 =t- Related Cases: r/f{.A o Z.A. Public Hearing ~ Cond~ional Use Permit o Variance o Design Review o Special Land Use Perm~ (Redevelopment Areas Only) APPLICANT INFORMATION Applicant Name I H\4\..\e..L \- e; -e.~6.I..-n:>t2- Applicant Address \\ '<::A ALPI~,z. AYe. CI~ulA VIY,r.... Applicant's Interest in Property Own 0 Lease 0 In Escrow 0 Option to purchase Phone No. '512.. - ?:>217. Arch~ect/Agent -.\~Ar\ QI..\~~bPO Architect/Agent Address 19\ ~LDV~e... L::::.ve S~ A c...~\6L.6 Yl'::>~' ~ GENERAL PROJECT DESCRIPTION (for all types) Project Name Proposed Use .D w ~ '7r^' u..p \ie.~~O E.'- h\?"r~1--\D ~~ D..l~ ~~\T General Description of Proposed Project (Please use Appendix A to provide a full description and Justification for the project) .6DD\'\\~ e; ,\dO CA.</- C;.oE..04e ."t"C\?X~\G 0F12- Rp. k:>e.uP~O CW~u...\\'o..\.c, \4 / '2. <:AI".. G.,t:...~6 ~ .\ \~- C!'<2X'~'N; \\j:)~ ~ t:--? ' CA. 0.\"'\\\ If applicant Is not owner. owne(s authorization Is required to process request. See signature on Page Two. Phone No. (.o\~ 9'2..\ -14 o/? '" \'1 \D I Has a representative otten e a Pre-Application Conference to discuss this project? If so. what was the date? \-Lo - 'o~ Pre-App No.: I ~o:>. .. t> ~" , SUBJECT PROPERTY INFORMATION (for all types) Location! treet A ress \ \ V ~ . .6l..-\:> \r--t Eo A -V rE: Assesso(s arcel o. 0 a reage '\ ( \0,1 -<.n~ SF ) urren one sign Ion RISP 1:.2.. .' I F-I..M se ea (ff appticable) t-) Is this in Montgomery e..~ FORM A.DEV PL (F!'oGE 1 OF 2] .12/99 ~{~ -.- "--- --- ~ - ---- CITY OF CHULA VISTA Plarming & Building Department 276 Fourth Avenue (619)691-5101 Development Processing Application Form Page Two 0lY OF CHUlA VISTA (staff use onlY! Case No.: PROPOSED PROJECT (all types) Type of Use Proposed esidential D Comm. D Ind. DOther Landscape Coverage [% of lot) Building Coverage (% of lot) LJ~.O -?? '? ? RESIDENTIAL PROJECT SUMMARY Type of Dwelling Unit(s) o r \2- No. of Dwelling Units Number of Lots 1- Proposed Existing Required by Code: Total AI Off-street L.\ c;A~B Parking Sooces Provided: '2 - 1. CA'l- CAQAC,~ lopen Space Description [Acres each of private, common. and landscaping) II NON-RESIDENTIAL PROJECT SUMMARY Proposed Existing Hours of Operation [Days & Hour I Parking Spaces Required Spaces Provided I ren (~ applicable) Anticipated Total # Employees I ren (~ applicable) ~ O\\~Ul'Dn Print Applicant or Agent Name <:::::>'2_\ 'Z ~\O"? Date' . Print Owner Name Owner Signature* (Required if Applicant is not Owner) * Letter of owner consent may be used In lieu of signature. 13 FORM A.PAGE 2 OF 2 Date 11/'X I ~!/?- ---- ._~ ~ -= :::~ Planning & Building Department Planning Division - Development Processing 276 Fourth Avenue, Chula Vista, CA 91910 (619) 69]-5]01 mY Of CHULA VISTA Application Appendix "A" PROJECT NAME: PROJECT DESCRIPTION AND JUSTIFICATION y_/JE72-~t/A/Ji)~ Z )< M / ff1./ E L 1-/ E/2 luAI'>O 22. APPLICANT NAME: Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings' as listed in listed in the Application Procedural Guide. Description & Justification. IV Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. / 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. / 3. If any person' identified pursuant to (1) 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 beneficiary or trustor of the trust. --- 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No .::::::.... If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ..--- 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes No ~ If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECE Date: 'X. ,?-!.? -0 ') .---- !\S . Person is defined as: "Any individual, firm. co-partnership. joint venture, association, social club. freaterno} organization, corporalion, estate, trust, receiver, syndicate, this and any other county. city and country, city municipality, d:.srricl, or other political subdivision. or any other "r'OUD or- camhinorirJr'/ Qcline! as a unit" Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: APPENDIX C (I of I) DEVELOPMENT PERMIT PROCESSING AGREEMENT ~;/t(.l~ ~ f-JElZIJAJ-/bE L _=- zt AL _}/c A tI.( . ?_/7~D, ,$4.000 .00 , This-Agreement -("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. /0 APPENDIX C (20f2) 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1.' Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be br-ought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or .as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. /7 APPENDIX C (30f3) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers,or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: y 7 - I J J 0 J CitY~f h~1 Vist. / JS 7 alp 1/1./ OL.<f fl. 276 ou. A ue ,~t. 1 /.[;" / c jJ ;)11 J) J ~___ ~f /' u IS, CA L f)u.J., L J 77j <- X ~/~~/' CJi ~ dM3 C~i~I,~;1:":,,~J, ;jJ ;/ (j) C/J:)Li-LJ,,:,,,O''', 1/7/0 (Ii If/~ i'Y1fiPjJ(/(r By: Dated: By: Iy PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 10/08/2003 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-03-73, proposal to construct an accessory second dwelling unit at 447 Oxford Street. Applicant: Javier Nunez This application is for a 1,194 square foot accessory dwelling on a 13,939 square foot parcel that is set behind a 6,969 square foot parcel. The application was received on March 3, 2003, prior to the adoption of the City of Chu1a Vista's existing accessory second unit ordinance, and therefore is subject to the State Government Code Sections 65852.2(b)( 1)(A) (I). The Environmental Review Coordinator has concluded that this project is a Class 3( a) categorical exemption from environmental review (CEQA Section 15303 (a) new construction of small structures. RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC- 03- 73 approving the project based on the findings and subject to the conditions contained therein. DISCUSSION: I. Site Characteristics The project site, 447 Oxford Street, is located on the south side of Oxford Street between Fourth and Fifth Avenue (Attachment 1). The property is a 13,939 square foot level panhandle lot containing one 2,671 square foot single-family residence. The parcel is set behind a 6,969 square foot parcel of separate ownership that has an existing one-story single-family residence. Access is currently provided by a 15-foot concrete driveway. To increasc the overall access driveway to 20 feet, a reciprocal access agreement has been entered into for an additional 5-foot access. The parcel is bounded by a 6-foot high masonry wall on each side. 2. Genera1 Plan, Zoning and Land Use The project is located in theR-I - Single-Family Residential Zone, and has a General Plan Land Use Designation of Residential Low Medium (3-6 dwelling units per gross acre). Per Government Code Section 65852.2(b )(5), accessory second dwelling units (either attached or detached) are deemed to be consistent with the existing General Plan and zoning designations for the lot. Surrounding land uses and 1and use designations are as follows: , Page 2, Item: _ Meeting Date: 10-08-2003 General Plan Zoning Current Land Use Site: North: South: East: West: Residential, Low-Medium R-1 Residential, Low-Medium R-I Residentia1, Low-Medium R-I Residential, Low-Medium R-I Residential, Low-Medium R-1 Single-fanlily residential Single-fami1y residential Single-family residential Single-family residential Two Single-family residences 3. Proposal The proposal is to construct a 1,194 square-foot accessory second dwelling unit behind an existing 2,671 square-foot primary single-family home. The accessory second unit would be in compliance with state guidelines for cities without adopted Accessory Second Unit Ordinances. Prior to March 4, 2003, a conditional use permit was required in order to allow the city to determine compliance with the provisions as provided by the state government code. The application for this project was received March 3, 2003. The State Government Code states the following: Under Government Code Sections 65852.2(b)( I )(A)-(I): (h) (J) When a local agency has not adopted an ordinance by JuZv 1, 1983 or within 120 days after receiving its firsl application, the local agency shall grant a special use or conditional use permit for the creation of an accessory second unit if the unit complies with all of the/allowing: (A) The unit is not intended for sale or may he rented. (B) The lot is zoned for single-familv or multi~family use. (e) The lot conlains an existing single-familv dwelling. (D) The accessory second unit is either attaehed or detached and located on the same lot. (E) The increased floor area of the attached unit does not exceed 30 percent of the existing living area. IF) The total area of the detached unit does not exceed 1.200-sq..ft. (G) Requirements related to height, selback, lot coverage. architectural review, site plan review, fees. charges. and other zoning requirements generally applicahle to the zone. (H) Local building code requirements to detached dwellings. as appropriate. (I) Approval hy local health officer if private sewage disposal system is utilized. ANALYSIS: The proposed accessory second unit meets the above criteria, as out1ined below: (A) The unit is not intended for sale. Selling it apart from the primary residence on the lot would .;2 Page 3, Item: Meeting Date: 10-08-2003 require subdivision, and the underlying zone for this parccl wou1d not allow that. (B) The proposed accessory second unit is in a R-I, Single Family Residential Zone. (C) The proposed 1,194 square foot unit would be constructed on a lot where there is an existing single-family dwelling. (D) The accessory second unit is detached and on the same lot. The total area of the detached accessory second unit will be I, I 94-square- feet. (E) N/ A (The existing accessory second unit is detached) (F) The total square footage of the accessory unit does not exceed 1,200 square feet. (G) Site plan and architectural review for the proposed detached accessory second dwelling unit has been provided by staff and shall be approved by the Planning Commission as part of the Conditional Use Permit. The unit will comply with all of the required RI development standards, as outlined in the table below: DEVELOPMENT STANDARD Height Lot Coverage Setbacks: Front Rear Sides Parking ALLOWED 15 feet 40'Yo PROPOSED 13 feet 6 inches 23% IS feet 20 feet 10/3 feet each side 1 space (off street) IS feet 112 feet 20 feet and 14 feet lOin 1 space (off street) (H) Fees, and other charges shall be paid in association with the required building permit, to be applied for and reviewed in conformance with local building codes upon approval of this Conditional Use Permit; (I) Sewer service will be provided by the City of Chula Vista (not a private system), which means there is no requirement for local health official approval. Although the City's new accessory unit ordinance limits this type of housing units to 650 square feet and the most recent Planning Commission approval of a second unit request limited the proposed unit to 700 square feet, this proposal is unique in that the panhandle configuration and the large size of this parcel will minimize the neighborhood impact of an accessory second unit on this Jot. The proposed accessory second unit is an appropriate use for the large, 13,939 square-foot lot. The proposed project meets all the development standards of the R-1 Zone. The proposed second accessory dwelling unit is appropriate in mass and scale to the site and is compatible with the surrounding neighborhood. Though not a requirement of proposed second accessory dwel1ing units in the RI-Zone, the proposed project wil1 provide landscaping and open space with the provision of a IS x 50 landscaped front yard. The existing single- family residence has a 22 x 70 rear yard and landscaping on both sides. Further, it should be noted that Council has requested staff to re-evaluate the 650 square foot unit limit for larger lots, such as this, indicating that the limit may be too 10w. Additionally the Counci1 overturned the decision ofthe Planning Commission Jimiting the previous application to 700 square -~ Page 4, Item: Meeting Date: 10-08-2003 feet citing the mandatory nature of the applicable government code section, the general support of these units as a source of affordable housing, and the compatibi1ity ofthe unit with the neighborhood based on size, FAR, and lot coverage. The proposed unit is a high quality of sty1e and will be compatible with the existing residence on the parcel. The use of arched windows and entryways, trellises, and columns are proposed design elements that enhance the proposed architectural style. The colors and materials will be used to enhance the architectural elements of the project. Monotonous linear elevations will be avoided by the various roof Jines and a combination of vertical and horizontal articulation. CONCLUSION: Staff recommends approval of the proposed conditional use permit to constmct an 1,194 square foot accessory second unit at 447 Oxford Street, in accordance with the findings and subject to the conditions of approva1 in the attached Planning Commission Resolution PCC-03-73. Attachments 1. Locator Map 2. Conditional Use Permit Application 3. Resolution PCC-03-73 y RESOLUTION PCC 03-73 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-03-73, PROPOSAL TO CONSTRUCT AN ACCESSORY SECOND DWELLING UNIT AT 447 OXFORD STREET. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning and Building Department on March 3, 2003 by Mr. Javier Nunez; and WHEREAS, said application requests approval of an l,l94 square foot accessory dwelling unit at 447 Oxford Street; andthe City of Chula Vista Second Accessory Dwelling Unit Ordinance became effective March 4,2003; and WHEREAS, said app1ication for a conditional use permit was filed prior to the adoption of the City of Chula Vista Second Unit Ordinance (Ordinance # 2897 ) and therefore, said application is subject to State Government Code Sections 65852.2(b)(1 )(A) -- (I) for cities without adopted accessory second unit ordinances; and WHEREAS, Section 65852.2(b)(a)(A) - (I) of the State Government Code limits the size of accessory second units to a maximum of 1,200 square feet, attached or detached to the existing dwelling unit. A conditional use permit is required to determine the project compliance with the above State Government Code; and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmenta1 Quality Act (CEQA) has concluded that this project is a Class 3 categorical exemption ITom environmental review (CEQA Section 15303, new construction or conversion of small structures); and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of genera1 circulation in the city and its mailing to property owners and residents 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 p1ace as advertised, namely September 24, 2003 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, atter considering all reports, evidence, and testimony present at said public hearing with respect to the conditional use pern1it application, the Planning Commission voted___to approve the condition use permit; and ~ NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Permit PCC-03-73 in accordance with the findings and subject to the conditions contained in this resolution. I. That the proposed use at this 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 requested use would take place within an eXlstmg single-family residential neighborhood. The state legislation declares that accessory second units are a valuable form of housing in California, providing housing for family members, students, the elderly, in-home health providers, the disabled, and others, at below market prices within existing neighborhoods. 2. 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 proposed accessory second unit will not have a detrimental impact upon the surrounding residential neighborhood. The subject property is a 13,939 square foot panhandle lot that is set behind an existing 6,969 square foot parcel of separate ownership. The accessory second unit will be architecturally integrated in terms of design, building materials and colors used with the proposed primary single-fami1y residence. In addition, it will be required to be in conformance with the Uniform Building Code. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC -03-73 requires compliance with all conditions, codes, and regulations, as applicable, prior to the final issuance date of any permit or occupancy of any facility on the site for the proposed project. The Planning Commission finds that the request meets the requirements of the California Government Code relating to accessory second units as follows: (A) The unit is not intended for sale. (B) The lot is zoned for single-family use. (C) The accessory second unit will be constructed on a lot that contains an existing singlc- family residence. (0) The accessory second unit is detached and will be located on the same lot as a single- family residence. (E) The total area of the detached unit does not exceed 1,200 square feet. &, (F) The request meets local requirements related to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to the zone. (G) The request meets local building code requirements to detached dwellings, as appropriate. 4.) 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. This Conditional Use Permit is in compliance with the General Plan. Section 65852.2b-5 of the California Government Code provides that accessory second unit permits issued are exempt from the existing or future General Plan and zoning density regulations. BE IT FURTHER RESOLVED, the P1anning Commission of the City ofChula Vista hereby grants Conditional Use Permit PCC-03-73 subject to the following conditions, whereby the applicant and/or property owners shall: PLANNING & BUILDING DEPARTMENT I. The accessory second unit shall be developed and lllaintained in accordance with the site plan, floor plan and exterior elevations submitted with the conditional use permit application and dated August 12,2003. 2. Building Permits shall be obtained and shall comply with current Uniform Building Code, California Building Code, California Plumbing Code, California Electrical Code, California Mechanical Code, and 2001 Energy Requirements. 3. A soils report will be required prior to issuance of building permits. 4. The off street parking space shall be maintained as shown on the approved site plan. 5. Thc reciprocal access agreement for the 5 foot access easement from the property to the east shall be recorded prior to issuance of building permits. ENGINEERING 4. The following fees will be required based on the final building plans submitted: sewer capacity fee based on all new construction, development impact fees, traffic signal fees. There may be requirements set at the time development takes place and/or a building permit is applied for, depending on final plans submitted for building permits. CHlJLA VISTA ELEMENTARY SCHOOL DISTRICT 5. Prior to issuance of building permits, the applicant shall pay all appropriate school fees. 7 S WEETW A TER AUTHORITY 6. The applicant must submit a letter to the Sweetwater Authority from the Chula Vista Fire Depmiment stating fire flow requirements. Based on this requirement, the Sweetwater Authority will determine if there is a need for new water systems or substantial alteration to the existing water system. Applicant shall implement any recommendations from the Sweetwater Authority. OTHER CONDITIONS 7. The conditions of approval for this permit shall be applied to the subject property until sllch time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. 8. The accessory second unit shall be connected to the existing sewer lateral, or the other existing utilities such as water, electricity, gas, cable, etc. from the main unit, utilizing the same address. 9. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 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 substantia1 expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 10. This 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 permit to be reviewed hy the City for additional conditions or revocation. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approva1 and issuance of this Conditiona1 Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknow1edge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's ~ compliance with this provision is an express condition ofthis Conditional Use Permit and this provision shall be binding on any and all of Applicant's successors and assigns. 12. Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document 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 approva1. Signature of Owner (447 Oxford) Date Signature of Representative Date PASSES AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this glh day of October, 2003, by the following vote, to- wit: AYES: NOES: ABSENT: ABSTAIN: Steve Casteneda, Chair ATTEST: Diana Vargas, Secretary J"\P!anning\Lynnette\administrative review\RESOLUTlON pcc-()3- TJ.doc 7 MALlSU SOUTH APARTMENTS ~ :\ ... o 0 ~O:s:. tP""O"""c. 'O(i,1.~ '60(<l-:!' (5 c: <1> VISTA DEL CORONADO APARTMENTS \'i \ \ MULTI FAMILY UNITS C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: JAVIER NUNEZ CONDITIONAL USE PERMIT PROJECT ADDRESS: 447 OXFORD STREET Request: Proposing a 1194sqft second dwelling unit. SCALE. FILE NUMBER: NORTH No Scale PCC-03-73 c:lcherrylcllocatorsllocators03Ipcc0373.cdr 03.24.03 10 ~{ft.. =~ _ CITY OF CHULA VISTA _ Planning & Building Department em' ~- 276 Fourth Avenue OfUlA VISTA (619)691-5101 I TYPE OF REVIEW REQUESTED (Check One) (staff use onM Case No,: FUing [)pie: .3 3/c3 Assigned Planner: >h Receipt No.: ,tl2 -OOg Project Acct: /3 . Deposit Acct: DO - "'1 Related Cases: N OZA Development Processing Application Form - Type A Page One o Miscel1aneous: II ~ Conditional Use Permit :3 &- o variance o Design Review o Special Land Use Permit [RedewIopment Areas Only) Applicant's Intere in Property ~ Own 0 Lease Qln Escrow t I APPLICANT INFORMATION ApPlicant Name -J~ - e; Applicant Address ArChitect/Agent Gv\ P Architect/Agent Ad ress '2<?",~ CA GENERAL PROJECT DESCRIPTION (for all Project Name Proposed Use V-Tn- Pi . General Description of Proposed Project (Please use ,Appendix A to provide a full descrlptfon and Justification for 1t1e project) Sc<" ?t'/,,oCH'/':Y 1 If applicant Is not owner. owne~s authorization o Option to purchase Is required to process request. See signature on Page Two. Phone No. q 0'1 1'2."''1- 00 0 .___I'>ri~ : ___ f<,.L-rv. / Urf s~- (Ij/J J~ /7Imi! tt:s/c/C?'P1?V- If FORM A.CJEV PI. fROG! 1 OF 2] 12199 ~ (ft.. ~ -= - - ~ CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 Development Processing Application Form Page Two 01Y OF CHUlA VISTA (staff use onlvl CeseNo.: 1'(( -{5-7" I PROPOSED PROJECT (all types) Type of Use Proposed Landscape Coverage (OJ. of lot) !& Residential 0 Comm. 0100. o Other Building Coverage (ok of lot) /}...."'!% RESIDENTIAL PROJECT SUMMARY Type of Dwelling Unit{s) Number of Lots C>N€!r No. of Dwelling Units Proposed Existing lBR I 2BR r:::N/!. 3+BR owe I Total luenslTy (uus/acre) I MOXImumlMding Helg MinimUm LOT Size Average -COT ~lZe I Parl<ina Soaces }Q!Q! Off-street Type of Parl<ing (size; whether covered) Required by Code: I ! I Provided: i Jopen Spoce Description (Acres each of private. common. and landscaping) II NON-RESIDENTIAL PROJECT SUMMARY t iGross floor Area (Sf) Proposed Existing BUilding Helghf ! I Hours of Operation (Days &. Hours) I , I !Anticipated Total # Employees I Max. # Of Employees at anyone lfme \ iParldng Spaces Required Spaces Provided Type of parldng (size) I I : 11' 01 ~tuaenrs/Children (ff op;:JIlcCbIe] i Age OT sruaenrs/cnllaren Iff cppIJcCble) seating CapacITY I , ." 1i (- ><. tJ.4 'VI Ell I h..l}y/5."Z. Print Applicanf 01 Agent Name "" '>(' 3 -3 - 03 Date Date Pnnt Owner Name Owner Signature* (Required If ,Applicant is not Owner) . Letter of awner consent may De used in lieu of signature. ( ~ FORM A.AAGE 2 OF 2 "/1/90 ~!~ ~r- ~~ Planning & Building Department Planning Division - Development Processing 276 Fourth Avenue, Chula Vista, CA 91910 (619) 691-5101 CJIY OF CHULA VISIA Application Appendix" A" PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: NrjiJ fE;.1.- Hoo~ APPLICANT NAME: \/;;tI!&X ~&Z. Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chura Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings' as listed in listed in the Application Procedural Guide. ' Description & Justification. ff,of~ 7INGt$-'5~ O;j)l!tU/~ (/IJ(T, UtJIT 7P U cPf./<;;17?rlt:.rU 1# ~NT if eyr'71l;J(;; /{PM!? /# .4- $~r IT '117 C?(C~. fJ Appendix B THE CITY OF CHULA VISTA DISCLOSURE STA'\ EMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies, The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. ~#K/~A AthEZ- 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) 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 beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No _ If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) Date: "'>< .3 3 - ~:3 'x. ~ Si pplicant x::. ,IM/;;/( /IIvN/~7._ Print or type name of cOntractor/applicant 1'1 . Person is defined as: "Any individual. firm, c~parlnership. joint \len/ure, association. social duh.lreaterna/ organization. corporation, estate, trust, receiver, syndicate. this and any other county, ciry and cDunrry. city municipality. district, or orher political subdivision. or any other r;rroun Dr combination ac/iff$? as a unit. .. Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: APPENDIX C (1 of I) DEVELOPMENT PERMIT PROCESSING AGREEMENT / -/' , 71./, (of 1\ (If} +' 2 ' / / I " / L , " ;'-, ._\/ l" Yl""~ _ ~~ c.__-- '-- t T:' I (: I -..__).,~ ,;. / \~~~ j/~21t,!)~. ( ~ ~ I (, L- , 1'-'- This, Agreement -("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount afore referenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty'. 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. I S"--- APPENDIX C (20f2) 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1.' Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Goveming LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or .as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. I~ APPENDIX C (30f3) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but. not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: ')C.:? - .3 -. 0 :3 City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: ~~ '-/J~ Dated: 'J-3-03 By: ~ 97~ 17