HomeMy WebLinkAboutPlanning Comm Reports 2003/06/25
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
Wednesday, June 25 , 2003, 6:00 p.m.
Council Chambers
276 Fourth Avenue
Chula Vista, CA 91910
CALL TO ORDER: Hall
Madrid O'Neill Cortes Castaneda Horn
Felber
ROll CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES:
June 11,2003
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on
any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: Consideration of the following applications filed by The
Eastlake Company involving 9.3 acres located on the east
side of the future Eastlake Parkway, north of Otay lakes
Road.
a. GPA 03-05 amendments to the Chula Vista General
Plan land Use Diagram in order to change the land use
designation from Commercial, Professional &
Administrative to Commercial, Retail.
b. PCM 03-29; amendments to the Eastlake II General
Development Plan, Eastlake I Village Center North
Supplemental Sectional Planning Area (SPA) plan and
Eastlake II Planned Community District Rrgulations to
change the land use designation from PA,
Professional-Administrative to CR, Commercial Retail,
and the land Use District Designation from VC-2 to VC-
4.
Planning Commission
- 2-
June 25, 2003
Project Manager: Jeff Steichen, Associate Planner
2. PUBLIC HEARING: PCM 03-33; Precise Plan to establish development
standards in order to construct four detached
condominiums on one lot at 216,218,220 Davidson and
261 Twin Oaks in the R-3 Apartment Residential, Precise
Plan (R3-P22) Zone. Applicant: Harold D. West.
Project Manager: Lynette Tessitore-Lopez, Associate Planner
3. PUBLIC HEARING: PCC 03-80; Conditional Use Permit proposal to allow a
dwelling group consisting ofthree single-family dwelling
units in the R-1-5P Zone, at 1198 Alpine Avenue.
Project Manager: Dawn Van Boxtel, Associate Planner
4. PUBLIC HEARING: PCM 03-08; Precise Plan including a Density Bonus to
allow for 14-unit condominium project in the R2P Zone at
815 Ada Street.
Project Manager: Harold Phelps, Associate Planner
5. PUBLIC HEARING: PCM 03-31; Precise Plan including a Density Bonus to
allow for 14-unit condominium project at the R2P Zone at
774 Ada Street.
Project Manager, Harold Phelps, Associate Planner
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 (TDD) at
585-5647. California Relay Service is also available for the hearing impaired.
PLANNING COMMISSION AGENDA STATEMENT
Item: I
Meeting Date: O/i/2"i/OJ
ITEM TITLE:
PUBLIC HEARING: Consideration of the following applications filed by
The Eastlake Company involving 9.3 acres located on the east side of the
future EastLake Parkway, north ofOtay Lakes Road.
a. GPA-03-05 amendments to the Chula Vista General Plan Land Use
Diagram in order to change the land use designation from Commercial,
Professional & Administrative to Commercial, Retail.
b. PCM-03-29; anlendments to the Eastlake II General Development Plan,
EastLake I Village Center North Supplemental Sectional Plarming Area
(SPA) plan and EastLake II Plarmed Community District Regulations to
change the land use designation from PA, Professional-Administrative to
CR, Commercial Retail, and the Land Use District Designation from
VC-2 to VC-4.
The applicant, The Eastlake Company, has submitted applications to amend the City's General Plan,
Eastlake II General Development Plan (GDP), Eastlake I Village Center North Supplemental
Sectional Plarming Area (SPA) plan and EastLake II Planned Community District Regulations to
convert 9.3 acres at the northeast corner of Otay Lakes Road and EastLake Parkway rrom
Commercial-Professional Administrative to Commercial-Retail (see Locator).
The Environmental Review Coordinator has reviewed the proposed project for compliance with
Califomia Environmental Quality Act and has determined that the proposed project was
adequately covered in previously adopted Negative Declaration (IS-03-028) and its attendant
addendum. Thus, no further review or environmental documentation is necessary.
RECOMMENDATION:
Adopt attached Resolution GPA-03-05/ PCM 03-29 recommending that the City Council review
and consider the adopted Negative Declaration for Village Center East (IS-03-028) and its attendant
addendum and approve the proposed amendments to the General Plan, EastLake II General
Development plans, Eastlake I Village Center North Supplemental Sectional Plarming Area (SPA)
Plan and EastLake II Planned Community District Regulations.
J - /
Page 2, Item: I
Meeting Date: hj?<Y01
DISCUSSION:
1. Existing Site Characteristics
The Project Site is an irregular shaped parcel located at the northeast comer of Otay Lakes
Road and EastLake Parkway, and surrounded by the following land uses:
Surrounding Land Uses
Chula Vista GDP Land PC District
Municipal General Plan Use (Land Use Existing
Code Designation Designation District) Laud Use
Project Site PC (Planned Commercial- PA, YC-2 Yacant
Community) Professional & Professional &
Administrative Administrative
East PC (Planned Research & Limited IR ,Research BC-INC-2 Day
Community) Mfg./Professional and & Ltd. CarelReligious
Administrative Mfg./P A, Institution
Commercial Professional &
Administrative
South (across PC (Planned Low Medium MH, Med- RC-15 Attached
Otay Lakes Community) Residential (3-6 du/ac) High condos.
Road) Residential
(11-18 du/ac)
West (across PC (Planned Retail Commercial CR. Retail YC-I Commercial
EastLake Community) Commercial Center (under
Parkway) development)
North PC (Planned Research & Limited lR. Resarch & BC-lIBC-2 Light
Community) Mfg. Ltd. Mfg. Industrial
buildings.
2. Project Description
G~n~r~l Phm Ampnnmp.nto;;:
Amend the Land Use Diagram to change the land use designation of the "Project Site"
from Commercial, Professional & Administrative to Commercial, Retail (see Exhibit B
of Attachment 2).
/ - 2.
Page 3, Item: I
Meeting Date: l)I?'ij1Yl
FBStT Bke TT Gener"! Development Pbn (GDP) Amendments
Change the land use designation from P A, Professional Administrative to CR,
Commercial Retail (see Exhibit C of Attachment 2)
Modify the Land Use statistics table to reflect the converSIOn of 9.3 acres from
Professional Administrative to Commercial Retail.
F"stl"ke T Vill"8e ('enter North Sl1pp!ement"l SPA Amendment
Change the designation for the westerly 9.3 acres from VC-2 to VC-4 as shown on the
proposed Site Utilization Plan (see Exhibit D of Attachment 2)
F~~tT ::tkp. IT Pl:mnp.n rnmml1nlty 01 "tnrt Rp.~1l1::!tlnn" RE T ::Inn TT"p' 01"trir.t M::.p
Incorporate new property development standards, including list of permitted uses, for a
new VC-4 Land Use District designation. This will be a "Project Specific Land Use
District" to allow the construction of a specific project (Kohl's department store) In the
event that this project is not constructed and open for business within a 3 year period, the
specific land use district will automatically revert back to the existing VC-2 land use
district.(see attachment B of Attachment 3).
3. AnaIaysis
Gp.np.r::.l Phn Amf'nnmp.nt
The proposed amendments will allow the continuation of the EastLake Village
Marketplace directly west across EastLake Parkway, achieving the intent of the activity
core concept envisioned in the EastLake I SPA. In staffs opinion, the project site is ideal
in terms of accessibility from major transportation corridors within the EastLake area, and
future transit facilities. The resulting loss of 9.3 acres of professional administrative
office use is considered insignificant in that the adj acent 247 -acre Business Center allows
for office commercial/corporate office uses, in addition to manufacturing and industrial.
Gener"! Development Pl"n/SPA Amendments
As indicated above, the conversion of the Project Site from Professional Administrative
to Retail Commercial reflects EastLake's desire to allow the continuation of the EastLake
Village Marketplace directly west across EastLake Parkway, achieving the intent of the
activity core concept anticipated by the EastLake I SPA
;-3
Page 4, Item:
Meeting Date:
/
1)/?"jO'l
Site Utilization Plan
The proposed amendment will divide the existing VC-2 site into two separate parcels as
illustrated in the "proposed" site utilization plan (see Exhibit D of Attachment 2).
Dividing the existing VC-2 site is necessary to preserve the existing land use of the
easterly 4.3 acres and establish new development standards for VC-4 to correspond with
the proposed commercial retail land use designation.
Pl:mn~c1 rnmmlmity ni~trirt RP.~111~ti()n~
Land Use District
The VC-4 is a "Project Specific Land Use" district intended only to accommodate an
approximately 100,000 square-foot Kohl's department store with a substantially similar
retail operation as the Kohl's store located in Temecula, California (31870 Redhawk
Parkway, Temecula California 92592), and 16,800 square feet for retail shops and
restaurants. The City of Chula Vista is interested in having a retail operation which is of
similar high quality to the above referenced retail store. The "Project Specific Land Use
District" will be in effect only until July 15,2006 unless the following two requirements
are met:
I) commence construction of the Kohl's department store no later than July 15,
2005. For purposes of this land use designation, "commence construction" means
the date of commencement of July 15, 2005, is set forth in a legally binding
contract for the construction of the Kohl's building and related site improvements
which has been entered into by Kohl's Department Stores; and .
2) Kohl's department store is open for business no later than July 15,2006.
The VC-4 land use district is intended to be developed as a "Project Specific Land Use
District" to allow specific types of land uses only in conjunction with the construction of
the proposed 100,000 square foot Kohl's department store on the "project site." In
addition to allowing the Kohl's department store, other categories are listed in Exhibit B
of Attachment 3.
Because the General Plan and GDP Retail Commercial designations allow the permitted
and conditional uses listed in both land use district VC-2 and VC-4, these two
amendments will not change if the project specific land use district reverts back to VC-2.
j- f
Page 5, Item: I
Meeting Date: hj?<;/01
CONCLUSION
For the reasons stated above, staff recommends adoption of the Resolution recommending that
the City Council adopt the Negative Declaration and attendant addendum and approve the land
use amendments.
Att:1cnmt"nt"
1. Planning Commission Resolution
2. Draft City Council Resolution
3. Draft City Council Ordinance
4. Negative Declaration and attendant addendum
5. Disclosure Statement
/.~ S
UNITED
PARCEL
SERVICE
PROFESSIONAL
ADMINISTRATIVE
CENTER
~
EASTLAKE
VILLAGE
MARKETPlACE
~
CHULA VISTA
COMMUNITY
PARK
\
~
I:
LOCATOR
J- ~
A TT ACHMENT 1
PLANNING COMMISSION RESOLUTION
/ .- 7
ATTACHMENT 2
DRAT CITY COUNCIL RESOLUTION
/ .-/0
RESOLUTION XXXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
CITY'S GENERAL PLAN; EASTLAKE II GENERAL
DEVELOPMENT PLAN, EASTLAKE I VILLAGE CENTER
NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA
(SPA) PLAN AND ASSOCIATED REGULATORY
DOCUMENTS FOR 9.3 ACRES AT THE NORTHEAST
CORNER OF OT A Y LAKES ROAD AND EASTLAKE
PARKWAY.
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject of this Resolution is
diagrammatically represented in "'Exhibit A" and incorporated herein by this reference
and for the purpose of general description consists of 9.3 acres known as Village Center
East, located at the northeast corner of Otay Lakes Road and EastLake Parkway within
the Eastlake Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHERES, a duly verified application was filed with the City of Chula Vista
Planning and Building Department on February 14, 2003 by the EastLake Company
requested amendments to the City of Chula Vista General Plan, EastLake II General
Development Plan and EastLake I Village Center North Supplemental PI arming Area
(SPA) Plan; and,
WHEREAS the proposed amendment to the General Plan Land Use Diagram
consists of changing the land use designation of said 9.3-acres from Commercial,
Professional & Administrative to Commercial, Retail; and,
WHEREAS the proposed amendment to the EastLake II General Development
Plan (GDP) consists of changing the land use designation of the Project Site from P A,
Professional Administrative to CR, Commercial Retail; and,
WHEREAS the proposed amendments to the EastLake I Village Center North
Supplemental Planning Area (SPA) Plan consists of amending the Site Utilization Plan
to change the designation of the westerly 9.3 acres from VC-2 to a new designation of
VC-4; and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of
various entitlements and agreements, including: 1) amended Eastlake II General
Development Plan (GDP) approved by City Council Resolution No. 2003-140 on April 8,
2003; 2) Eastlake I Village Center North Supplemental SPA approved by City Council
Resolution No. 2002-264 on July 23, 2002 and 3) Eastlake II Plarmed Community
/ -( /
Page 2
District Regulations approved by City Council Ordinance No. 2905 on April 15, 2003;
and,
D. Planning Commission Record of Application
WHEREAS, the Plarming Commission held an advertised public hearing on the
Project on June 25, 2003 and voted xxxx to forward a positive recommendation to the
City Council on the Project; and,
WHEREAS, the proceedings and all evidence introduce before the Planning
Commission at the public hearing on this project held on June 25, 2003 and the minutes
and resolution resulting there from, are hereby incorporated into the record of this
proceedings; and,
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes given by its
publication in a newspaper of general circulation in the city, and its mailing to property
owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior
to the hearing; and,
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on July 8, 2003 on the Project discretionary approval
applications, and to receive the recommendation of the Planning Commission, and to hear
public testimony with regard to same.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine
and resolve as follows:
II. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the previously adopted Negative Declaration (IS-
03-028) and its attendant addendum have been prepared in accordance with requirements
of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and
the Environmental Review Procedures of the City of Chula Vista, and has reviewed and
considered the previously adopted Negative Declaration (IS-03-28) and its attendant
addendum.
III. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with
the Environmental Review Coordinator's determination that the proposed project would
not have a significant effect on the environment in light of the whole record before the
City of Chula Vista, and the previously adopted Negative Declaration (IS-03-28) and its
attendant addendum in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act CEQA), the State Guidelines
and the Environmental Review Procedures of the City of Chula Vista and has reviwed
and considered same.
/ - /:J...
Page 3
IV. APPROVAL OF GENERAL PLAN AMENDMENT
The ChuIa Vista General Plan Land Use Diagram is hereby amended as set forth and
diagrammatically represented in Exhibit "B," a copy of which shall be kept on file in the
office of the City Clerk to change the land use designation of 9.3 acres at the northeast
corner ofOtay Lakes Road and EastLake Parkway from Commercial, Office Professional
to Commercial, Retail.
V. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan is internally
consistent and shal1 remain internal1y consistent fol1owing the amendments thereto in this
Resolution.
VI. GENERAL DEVELOPMENT PLAN FINDINGS
THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE
CHULA VISTA GENERAL PLAN, AS AMENDED.
The proposed amendments to the EastLake II General Development Plan reflects the land
use, circulation system and public facilities that are consistent with the City's General
Plan as proposed to be amended.
PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF
SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO
YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE.
A new supplemental Sectional Planning Area Plan known as Village Center North
Supplemental SPA, which was a continuation of the EastLake I SPA, was adopted by the
City Council on July 23, 2002.
IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABLITY AND STABILITY; AND THAT IT WILL BE IN
HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER
OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR
PUBLIC FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE
ADEQUATE TO SERVE THE ANTICIPATED POLPULATION AND APPEAR
ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION
THEREOF.
The project does not involve residential development.
VII. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN
In light of the findings above, the amended EastLake II General Development Plan is
hereby approved and adopted in the form presented to the City Council and on file in the
office of the City Clerk.
/ - /3
Page 4
VIII. SPA FINDINGSI APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE
IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
The SPA plan amendment reflects the proposed changes to the General Plan and
EastLake II General Development Plan. Thus, the EastLake I ViJlage Center
Supplemental SPA amendment will be consistent with the General Plan and EastLake II
General Development Plan, as proposed to be amended.
B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE
ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREAS.
The development of the Project Site is subject to the requirements, restrictions and
limitations prescribed in The EastLake Village Center North Supplemental Public
Facilities Finance Plan (PFFP) and therefore will be constructed in the order outlined in
the PFFP.
C. THE EASTLAKE I VILLAGE CENTER SUPPLEMENTAL SECTIONAL
PLANNING AREA (SPA) PLAN, AS AMENDED, WILL NOT ADVERSELY
AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION
OR ENVIRONMENTAL QUALITY.
The proposed changes in allowable land uses are consistent with the Eastlake Activity
Core land use concept originally envisioned by the EastLake I SPA. The changes in
allowable land uses will not adversely affect the adjacent land uses, residential
enjoyment, circulation or environmental quality of the surrounding uses.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND
OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO
CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED
DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL
MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE.
The amendments do not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE
PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED
FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT.
The proposed amendments do not involve Institutional, RecreationaJ or similar uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The Project Site will be served by two existing major streets: EastLake Parkway, a 4-
lane prime arterial and Otay Lakes Road, a 6-lane prime arterial. The main access to the
J- / 1-
Page 5
Project Site is along EastLake Parkway with secondary access points along Fenton Street.
and Otay Lakes Road. Deceleration lanes are proposed for both Eastlake Parkway and
Otay Lakes Road. The intersection of EastLake Parkway and Fenton Street will be
signalized as part of the development of the Village Center North project to the west,
which is currently under construction.
Regional access will be provided primarily by Interstate 805 located approximately 5
miles to the west, and eventually by the future State Route 125, immediately adjacent to
the west. Required improvements installation timing and financing mechanism are
discussed in the Village Center North Public Facilities Finance Plan. Thus, the streets
proposed to serve the Project Site are suitable and adequate to carry the anticipated traffic
thereon.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMIC ALL Y AT THE LOCATION (S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION (S).
The proposed amendments increase the acreage designated Commercial Retail to allow
for the construction of the EastLake Village Marketplace directly west across EastLake
Parkway, thereby achieving the intent of the activity core anticipated by the EastLake I
SPA. These amendments will provide additional needed commercial facilities, such as a
major department store, restaurant and other similar uses, to complement the Eastlake
Village Marketplace.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVELOPMENT.
The surrounding area is already zoned and incorporated into the EastLake I Village
Center Supplemental SPA. As indicated above, the change in land use designation for the
Project Site is the same as the parcel directly west across EastLake Parkway. This
change in land use will allow the continuation of the activity core concept and, therefore,
compatible with the anticipated development in the immediate vicinity.
BE IT FURTHER RESOLVED that in light of the findings above, the City
Council does hereby approve the EastLake I Village Center North Supplemental
Sectional Planning Area (SPA) Plan amendments as presented in "Exhibit C", a copy of
which shall be kept on file in the office of the City Clerk, subject to the conditions set
forth below:
X. SPA PLAN CONDITIONS OF APPROVAL
1. Implement, or cause the implementation of all mitigation measures pertaining to
the Project identified as applicable to the "VC-2" in MND IS-OI-042 which are
incorporated by reference into ND IS-03-028.
2. Implement the Federal and State mandated conservation measures outlined in the
EastLake I Supplemental Water Conservation Plan.
3. In addition to the mandated water conservation measures, implement the non-
mandated water conservation measures, which include I) Hot Water Pipe
/- / 17-
Page 6
Insulation, 2) Pressure Reducing Valves, and 3) Water Efficient/Drought Tolerant
Landscaping.
4. Prior to approval of building permits for each phase of the project, the applicant
shall demonstrate that air quality control measures outlined in the EastLake I
Supplemental Air Quality Improvement Plan pertaining to the design,
construction and operational phases of the project have been incorporated in the
project design.
5. Trash col1ection areas shan be covered, bermed or other method as approved by
the City Engineer to prevent runoff of polluted water across paved areas into the
storm drainage systems.
6. Tables and exhibits in the EastLake II General Development Plan and EastLake I
Vil1age Center North Supplemental SPA Plan must be modified to reflect the
proposed amendments.
7. Based on the Negative Declaration and attendant addendum, the maximum square
footage al10cated to Lot 1 shan be 98,487 SF and Lots 2 and 3 combined shall be
12,000 SF of high turnover sit-down restaurant and 4,800 SF of retail. Any
deviation from this al1ocation shal1 require review and approval by the
Environmental Review Coordinator and Zoning Administrator.
XI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shal1 have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of shall
future building permits, deny, revoke or further condition al1 certificates of occupancy
issued under the authority of approvals herein granted, instituted and prosecute litigate or
compel their compliance or seek damages for their violations. No vested rights are gained
by Developer or successor in interest by the City approval of this Resolution.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon 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
the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so
determines in its sole discretion, this resolution shall be deemed to be revoked and no
further in force or in effect.
Presented by
Approved as to form by
Robert A. Leiter
Planning Director
Ann Moore
City Attorney
/ - /if
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of July, 2003, by the fol1owing vote:
AYES:
Councilmembers:
Stephen C. Padil1a, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-264 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23rd day of July, 2002.
Executed this 8th day of July, 2003.
Susan Bigelow, City Clerk
/ - / 7
~~l~~~
gRUI RANCH ~
UNITED
PARCEL
SERVICE
. .
PROFESSIONAL
ADMINISTRATIVE
CENTER
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EASTLAKE
VILLAGE
MARKETPLACE
//'
CHULA VISTA
COMMUNITY
PARK
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EXHIBIT A
LOCATOR
/ - It
EXHIBIT B
Detail from General Plan (Proposed)
Project
Location
Commercial, Retail
Residential, Low-Medium
_ Parks & Recreation
_ Open Space
Commercial, Prof. &Admin.
_ Indust.. Res. & Ltd. Mfg.
(2112,'OJ) (5/910J)
Page 7 of 23
Project Description
EXHIBIT B
/ -19
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Page 10 of 23
Project Description
EXHIBIT C
/ -20
P;,rcd
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EMPLOYMENT Bus'ne-ss Ctnl~ I
E-1 Employment
E-2 Employment
E-3 Employment
E-4 Employment
E-5 Empioyment
E I) Employmen1
E-7 Employrnf:frt
E 8 Employment
E-9 Employment
To~1
ACTIVITY CENTER North
l dnd U~
VC-1
VC-2
VC-4
E-10
Tobl
OPEN SPACE/PARKS
0$-10 Op€"1) ~.pxe
0$-13 Open Spa1:e
QS-14 Opel) ~,pace
P_4 P<lrIo;
Tobl
SALT CREEK I
Patcel
Number
Village Center
VIllage Center
V,Uage Center
V~. ctr Employment
Land Use
R-16 Resldential- D€-bched
R.17 R~ideHtQI - Attachea
R" 18 RE'siden1<31 Attached
Sub.tobl
0$.-9 Open Span>
0$.-15 Open Space
0$-17 Open Space
05-18 Open Space
05-19 OpE'n Space
Sub-tobl
Total
Proposed Site Utilization Plan
EastLake Business Center I,
EastLake Activity Center,
and Salt Creek I
32.1
16.6
8.0
11.6
13.9
6.2
'25
46
146
121>.1
38.'
; ~I ..... subj<<;t 0( <1mendmenr
16.4
&8..
3.4
07
0.5
9.
13.7
436 G.5
200 5-15
a,s 15-25_
n.
6.5
'0
10
32
72
18.9
910
3.'
"'
16.9
76
>>o1e: Thslegeod IS lor the E:iosll;akt Busme-$.s Ctrtef I. E:io<;tl.3ke Vlbff'" Cffler (north)
:md 5-41 Crt'dt I ooIy n.c- E:t'S1l:tke I SPA:tIso iockJdM: E~slL:ioke ShoI"s. EastL:io),,, His.
:iol"ld E..s.tl;oke 8usir><css Cenlr:r II V,bpe Cenlr, (soo.>>>) is within tt>e E"sU;r.lo.e Grtens
seA
..4E/iSTLti<E 1
A plan~ed community by The EastLake Company
~fffiJ (5/9/03)
Page /3 of 23
EXHIBIT D
/ -:2../
~ -
--"'~/
&j~ IWOJECT
SITE
Location
.-
,
-"~"
"
Ci'-;~j land Planning
_-,....b\>'9}:O:O-7_ n"1
ri....JI
, ~ ~ ,~L~
4129f03
Project Description
ATTACHMENT 3
DRAT CITY COUNCIL ORDINANCE
/-2:{
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
EASTLAKE II PLANNED COMMUNITY DISTRICT
REGULATIONS AND LAND USE DISTRICT MAP.
1. RECIT ALS
A Project Site
WHEREAS the area of land, which is the subject of this Ordinance is
diagrammatically represented in "Exhibit A" and incorporated herein by this reference and for
the purpose of general description herein consists of9.3 acres known as Vi11age Center East, and
located at the northeast corner of Olympic Parkway and EastLake Parkway within the EastLake
Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS a duly verified application was tiled with the City of Chula Vista
Planning and Building Department on February 14, 2003 by the EastLake Company requesting
amendments to the EastLake II Plarmed Community District Regulations; and,
WHEREAS, the VC-41and use district is being created as a "Project Specific Land
Use District" to a110w specific types ofland uses only in conjunction with the construction of the
approximate 100,000 square foot Kohl's department store; and
WHEREAS, the new VC-4land use district permitted and conditional uses include
department stores, hobby shops, apparel stores, arcades and misce11aneous retail shops; and
WHEREAS, the provisions of this "Project Specific Land Use District" will be in
effect until July 15, 2006 unless the following two requirements are met: 1) commence construction
ofthe Kohl's department store no later than July 15, 2005. For purposes ofthis land use designation,
"commence construction" sha11 mean the date of commencement of July 15,2005, is set forth in a
legally binding contract for the construction of the Kohl's building and related site improvements
which has been entered into by Kohl's Department Stores; and 2) Kohl's department store is open for
business no later than July 15, 2006; and
WHEREAS, in the event Kohl's has not commenced construction by July 15, 2005,
the VC-4 "Project Specific Land Use" designation wi11 revert back to VC-2 land use district; and
WHEREAS, in the event that the Kohl's department store is not open for business by
July 15, 2006, the VC-4 "project specific land use" designation will revert back to the VC-2land use
district.
j- 2.3
Ordinance No.
Page 2
C. Prior Discretionary Approvals
WHEREAS, development ofthe Project Site has been the subject matter of various
entitlements and agreements, including: 1) amended Eastlake II General Development Plan
(GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003; 2) Eastlake I
Village Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on
July 23, 2002and 3) Eastlake II Planned Community District Regulations approved by City
Council Ordinance No. 2905 on April 15,2003; and,
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on June 25, 2003 and voted xxxx to forward a recommendation to the City Council on
the Proj ect; and
WHEREAS, the proceedings and all evidence introduce before the Planning
Commission at the public hearing on this project held on June 25, 2003 and the minutes and
resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on July 8, 2003 on the Project discretionary approval
applications, and to receive the recommendation ofthe Plarming Commission and to hear public
testimony with regard to same; and,
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 ft. of the exterior
boundaries of the Project Sites at least ten days prior to the hearing.
F Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council hearing at which this Ordinance was introduced for
first reading on July 8, 2003, the City Council of the City of Chula Vista approved Resolution
_by which it adopted the amendments on the City of Chula Vista General Plan, EastLake II
General Development Plan and EastLake I Village Center North Supplemental Sectional Planning
Area (SPA) Plan.
NOW THEREFORE, the City ofChula Vista does hereby find, determine and ordain
as follows:
/-,1t(
Ordinance No.
Page 3
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Plarming Commission at their public hearing
on the Project held on June 25, 2003, and the minutes and resolutions resulting therefrom, are hereby
incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the previously adopted Negative Declaration (1S-03-28) and
its attendant addendum have been prepared in accordance with requirements of the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review
Procedures of the City of Chula Vista, and has reviewed and considered the previously adopted
Negative Declaration IS-03-28 and its attendant addendum.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council exercised their independent review and judgment and concurred with the
Environmental Review Coordinator's determination that the proposed would not have a significant
effect on the environment in light of the whole record before the City of Chula Vista, and the
previously adopted Negative Declaration (IS-03-28) and its attendant addendum in the form
presented has been prepared in accordance with requirements of the California Environmental
Quality Act (CEQA), the State Guidelines, and the Environmental Review Procedures ofthe City of
Chula Vista and has reviewed and considered same.
V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the proposed amendments to the EastLake II Planned Community
District Regulations are consistent with the City of ChuIa Vista General Plan, as concurrently
amended, and public necessity, convenience, the general welfare and good zoning practice support
the amendment.
VI. APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the amendments to the EastLake II Planned Community
District Regulations, Land Use Districts Map as represented in Exhibit B.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon the
enforceability of each and every ternl, 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 orunenforcable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
}.-:25
VIII. EFFECTIVE DATE
Ordinance No.
Page 4
This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption.
Presented by
Bob Leiter
Director of Planning and Building
/<j[
Approved as to form by
Ann Moore
City Attorney
UNITED
PARCEL
SERVICE
~.-
EASTLAKE
VILLAGE
MARKETPLACE
~/
",\'l~ '\
V':;'f.'<O :\ ;
O--.1>--{ ')/J_
EASTLAKE )'
VONS
MARKET
CHULA VISTA
COMMUNITY
PARK
~
EXHIBIT A
LOCATOR
/-~7
f,)1.!lIB1.'r v
Land Use Districts
proposed
~
RESIPE>>TIAL
,,~E_
-""" ~F_
-"'" _F"""
,...,....,...--""""'"
-"'" -"' u:<
,...,....,...~
......,..,...~""""'"
-""'~
-"'"'~
".,.,........ ...,..,-
-"'"' _F_
\fiii}\GE CENTI'R to ~RCIAL
~~iRel.:l:i1)
~eente' jPrcl'. J\dmin.IlJd'- ReiaiO
C~(Rv!a#}
~ (prof. Ac!fT1InJl-ld Fu:!atTJ
F_~
""~&~
6IJ$,,",SS C~
\iB--~.~"""'''"''''''
.,c-2 __Ceri""~-"."net
aC-3 {W$\.oess center r COfe Ot!>lrid
SPEcIAL ~
--
--
""",--
--
--
--
--
""",u.- "."net
~"*"""
,."..- F_
""""t_"",,,'-""~~
w~J.30""pG[)iid. 'P:C9")
~iDti rI'
~.:G" j
-;;a'-M~
\ \..;;iI \ 4/15J03
~$~J!
rrojcct Descnp\i.on
11.6
~ ;>19191
EXlIlBll' B
j-) g
II. 1 Permitted Uses: Village Center Districts
The matrix of land uses on the following pages indicates the relative permissive status
using the following symbols:
<<p'?
Permitted
((C~
Pennitted subject to Conditional Use Permit approved by the Chula Vista
Planning Commission.
"A"'''or "ZA'"
Pennitted subject to Conditional Use Permit by the Zoning Administrator.
<<a''''
Pennitted Accessory Use to a Pennitted or Conditional Use,
''"N''
Use Not Pennitted.
/-29
.tJanQ use
A.
Admin~strati~e ana professiona1
Services
1.
B~ Genera1 Commercia1 Uses
Antique shops (no outdoor storage)
2.
3_
4_
5.
6.
7,
8 _
9 _
7/2J/02 5/9/03
Apparel. stores
Art~ music and photographic
studios and supply stores
Appliance stores and repair (no
outdoor storage)
Arcades and electronic games (see
Section VI.4)
Athletic and health clubs
Automobile anu/or truck cervices. sales.
rent-al agPDcies
Bakeries ~ re~ail
Barbex an<l bef)uty ~,hop~::.
] O.
Bicyrlp Sh<>\:,5, Don mutol-1 Zf:>(l
1].
fll11ppxint ann photocopy ~~,e:rvi\l:"s
]2
Bonk. gifts ,md statiqnel-Y store:;.;
13.
Candy stQres and c{Jrlft->cLioners
11
Car Hach subject to p1.ovisions of
Section 19.58.060 CV11C
15
Catering estab1isrunents
16.
Cleaners
17 .
CQmmerci~l recreation facilities
Dot otherwise listed
18_ E0ting and ~rinking est~blishments:
a_
Bars, nightclubs
cabarets
h. Restaurants, coffee shops,
delicatessens:
1 )
with alcoholic beverages
and/or entertainment
without alcoholic beverage
with outdoor seatin9~
2)
3)
111-19
/~ go
VC-1
p
p
p
p
p
C
C
A
p
p
p
p
p
p
r
p
p
c
c
c
p
p
VC-2
p
N
N
N
N
N
c
N
p
p
p
p
p
"
N
N
N
c
N
VC-3 VC-4*
. p
c
p
p
p
E
p
IT
p
P': "
P
p
.L.
c
P.,
C
!;.
A
IT
p
1:
p
1:
p
l'
p
l'
p
l'
p
~
c
IT
p
IT
p
p -
C
~
N
IT
c
p
p
!;.
1:
1:
Chapter II - Section 11.3
EastLake 11 SPA Plans
19.
Land Use
c.
Snack bars and refreshment stands
contained within a building
Land Use District
vc-1 VC-2 VC-3 vc-4*
p
p
p
~
d_ Fast food restaurants witb drive-in
or drive-through (s~bject to Site Plan
And Arch. Review by the Zoning
Administrator) C
Equipment rental (enclosed building)
p
N C ~
P P .!?
N P ~
P N .!?
p p ~
N P !!
N N !!
N C !1
N P !!
N N P ""
P N l'
N P V
P P 1:
N N P
21.
20. Feed and tack stores (no outside storage) P
p
22.
23.
24-
25,
26,
27.
2R.
29
30.
7/2)/02 5/9/03
Financial Institutions with drive thru
Florists' shops
Food stores, supermarkets, orug stores
Forniture stores
Gasoline service stations
Haroware stores
Hobby sh01JS
Hotpls and motels (and accessory uses,
in..] udi1l9 "I. est;='\\J.T<'1nt r b<--yr. shops)
,1;-JnituriaJ s'_~J:vi..c:Ps/s\J.plJlies
Jpwf?lry stOIPS
31.
Junior department. departmt-'nt stores,
discount and m{-'mhership depa:ttment
stores.
32. Kiosks, and moveable vendors, including
photo sales, located in parking lot
33. Liquor stores
34. Medical and dental offices, clinics
35. 110rtuaries
36. Motorcycle sales and services including
motorized bicycles
37. Newspaper and magazine stores
38.
Nurseries and garuen supply stores in
screened area
39_ Office suites.
general
III-20
/ -3/
p
p
p
c
p
p
p
p
p
p
c c c ~
C N C II
p p p E
N N N II
A N A li
p a P 2
p
N
p
li
p p
Chapter II -
EastLake
P R
Section 11.3
II SPA Plans
40.
41.
42.
43.
44.
45.
46.
47.
48.
49,
50,
51-
Land Use
Office supplies/stationery stores
Parking facilities (commercial)
Pharmacies
Photocopying services
Printing shops
Recycling drop-off bins
Retail stores and shops
Sign ~aintiog shops (enclosed building)
Stamp and coin shops
Swimming pool supplies
Television~ stereo and radio stores
including sale5 and repair
Theaters
52.
Tire sales iUHl ~:;eI.--vlCeS
S3.
Tri1vel <':Igencips
"-,4 _
VeteriJJ3.l-Y nfficP~. ",!Dn aoimal hospit_C11s
c. Public and Sp~i-public Uses
7!2J fa 2 519/03
1.
Day nurseries, day care ~chools'(subject
to provisions of the Municipal Code) A
Land Use District
VC-1 VC-2 VC-3 VC-4*
p
N
p
p
p
A
P
P
P
P
p
A
A
p
A
3.
Convalescent lWInes and hospital:o: C
2.
Clubs and lodges including YMCA,
YWCA and similar youth group uses A
5.
EducQtional institutions
Lihraries P
c
4.
6.
Hospital, medical care facilities
7.
Post office
8.
Religions institutions
9,
Group care facilities and residential
retirement hotels
10.
Utilitiesr public and private
111-21
1-32
N
P
N
p
c
p
p
P
N
N
N
N
N
N
N
N
p
c
A
N
N
N
c
N
N
N
c
P
p
c
P
p
p
A
N
N
.!'.
<;;
!'.
!'.
!'.
p
!:!
p ...
P
!:!
P
P,
p.
p
P
?~
l!
N
A
!1
p
!.'
A
<:'
A
!}
c
!'!
N
l!
P
!1
c
s:
N
!i
P
!i
N
!!
c
!!
p
!!
Chapter II - Section II.3
EastLake 11 SPA Plans
'The VC-4 is a "Project Specific Land Use" district intended only to accommodate an
approximately 98,500 square.foot Kohl's department store substantially similar retail
operation as Kohl's store located in Temecula, California store (31870 Redhawk Parkway,
Temecula California 92592), 16,800 square feet for retail shops and restaurants, The
Project Specific Land Use District will be in effect only until July 15, 2006 unless the
fo]]owing two rcquirements are met:
J) commence construction of the Kohl's department store no later than July 15,
2005, For purposes of this land use designation, "commence construction" means
the date of commencement contained within a contract for the construction of the
Kohl's building and related site improvements which has been entered into by
Kohl's Department Stores; and
2) Kohl's department store is open for business no later than July 15,2006,
In the event that Kohl's has not commenced construction by July 15, 2005, the VCA
"project specific land use" designation wi]] revert back to VC-2 land use district.
FurthemlOre, in the event that the Kohl's department store is not open for business by
July 15,2006, the VC-4 "project specific land use" designation will revert back to VC-2
land use district.
! - 33
~.l~.'L
property Deve~opment Standards: Vi~1age Center Districts
The property development standards that shall apply to all land and buildings
permitted in the Village Center Districts shall be those indicated on an approved
site plan submitted pursuant to Section 19.14.420 through Section 19.14.480
inclusive in Title 19 of the Chula Vista Municipal Code.
The following property development standards apply to all land and buildings
other than accessory buildings authorized in VC-lL and VC-2, and VC-4 districts.
Any legal lot may be used as a building site.
A. General Requirements
The following requirements are minimums unless otherwise stated:
VC-l VC-2 VC-4
1. Setback from Otay Lakes Road* 50 feet 50 feet 50 feet
2} Setback from Fenton Avenue** NA 20 feet 20 feet
3} Setback from SR-125** 50 feet NA NA
4} Se.tback from EastLake parkway**** 30 feet 30 feet 30 feet
5. Building height, maximum*** 45 feet 45 feet 45 feet
* As measured from edge of curD may be modifierl with approval of DRC.
** As measured from right-of-way.
*** Architectural features may exceed height with Design Review Approval.
**** AS measured from R/W. May be modified with Design Review Approval.
7/2J/02 519/03
III-23
Chapter II - Section 11.3
EastLake II SPA Plans
/' 3f
SECTION I: GENERAL PROVISIONS
LO
Purpose and Scope
For the purpose of promoting and protecting the public health, safety and welfare
of the people of the City of Chula Vista, to safeguard and enhance the appearance
and quality of development of EastLake II, and to provide the social, physical
and economic advantages resulting from comprehensive and orderly planned use of
land resources, these Planned Community District Regulations defining land use
districts and regulations within those districts are hereby established and
adopted by the City Council,
Ll
Private Agreements
The provisions of this ordinance are not intended to abrogate any easements,
covenants, or other existing agreements which are more restrictive than the
provisions of this ordinance.
L2
Repeal of Conflicting Ordinances
Whenever the provisions of this ordinance impose more restrictive regulations
upon construction or use of buildings or structures, or the use of lands or
premises than are imposed or required by other ordinances previously adopted, the
provisions of this ordinance or rules or regulations promulgated hereunder shall
govern.
I.3 Establishment of Land Use Districts
A. Division of EastLake II into Land Use Districts
In order to classify, regulate, restrict and separate the use of land,
buildings and structures, and to regulate and limit the type, height and
bulk of buildings and structures in the various districts, and to regulate
the areas of yards and other open area abutting and between buildings and
structures, and to regulate the density of population, EastLake II GDP is
hereby divided into the following Land Use Districts:
Residential Land Use Districts
RE-3
RS-5
RS'7
Residential Estate
Residential Single Family
Residential Single Family
Residential Planned Development
Residential Planned Development
Residential planned Development
Residential Condominium
Residential Condominium
Residential Condominium
Residential Multi-Family
Residential MUlti-Family
RP-8
RP-13
RP-SL
RC-I0
RC-15
RC-22
RM.25
RM-44
7/23/02
I-I
1-35
Villaqe Center and Commercial Land Use Districts
VC~l
VC~2
VC~3
VC~4
FC
PA
Village Center
Village Center
Village Center
Villaqe Center
Freeway Commercial
Professional and Administrative
-- ----
.--
Business Center Land Use Districts
BC~1
BC~2
BC~3
Business Center Manufacturing Park
Business Center Manufacturing Service
Core District
Special Purpose Land Use Districts
OS~l
OS~2
OS~3
OS~4
OS~5
OS~6
OS~7
PQ~l
CPF
Open Space
Open Space
Open Space
Open Space
Open Space
Open Space
Open Space
Quasi-Public Facilities
Community Pu~~ose Facilities
B. Adoption of Land Use Districts - Maps
Said several Land Use Districts and boundaries of said Districts and each
of them hereby are established and adopted as shown, delineated and desig-
nated on the EastLake II Planned Community District Regulations Land Use
Districts Map of the City of Chula Vista, San Diego County, which map,
together with all notations, references, data, district boundaries and
other information theIeon, is made a part hereof and adopted concurrently
herewith.
C. Filinq
The original of the EastLake II Planned Community District Regulations
Land Use District Map shall be kept on file with the City Clerk and shall
constitute the original record. A copy of said Map shall also be filed
with the Planning Department.
D. Chanqes to the Land Use District Map
Changes to the boundaries of the land use districts shall be made by
ordinance and shall be reflected on the EastLake II Planned Community
District Regulations Land Use District Map. Minor changes resulting from
the approval of a tract map may be made to the land use district map as an
administrative matter.
7/23/02
I~2
Chapter II ~ Section 11,3
EastLake II SPA Plans
/-3CJ
ATTACHMENT 4
NEGATIVE DECLARATION AND ATTENDANT ADDENDUM
/-37
COPY FOR PUBLIC Kt:VIt:VV
Negative Declaration
PROJECT NAME:
EastLake Village Center East
PROJECT LOCATION:
Northeast corner of the EastLake Parkway/Otay Lakes Road
intersection
ASSESSOR'S PARCEL NO,: 595-232-27
PROJECT APPLICANT:
The EastLake Company, LLC
CASE NO,:
Case No, IS-03-028
DATE:
May 22, 2003
A. Project Setting
The proposcd EastLake Village Center East project (hereinafter referred to as "the proposed
project") involves approximately 9,3 acres (ac) located at the northeast corncr of EastLake
Parkway and Otay Lakes Road in the City of Chula Vista (Figures I and 2). The site is bordered
by EastLake Parkway to the west, Otay Lakes Road to the south, Fenton Street to the north and
an existing church and day care center to thc east. The EastLake Greens rcsidentia] community
is located south of the site, south of Otay Lakes Road. The EastLake Business Centcrs I and II
arc located n0l1h and cast of the site, respcctively. The EastLakc Vons Shopping Center is
located southwest of the site, and the EastLake Village Marketplace, a commercial shopping
center that is under constmction, is located to the w'est of the site across EastLake Parkway.
The site is currently designated as follows:
City ofChula Vista General Plan
Commercial -
Professional Administrative Commercial
EastLake II Gencral Development Plan (GDP)
Professional Administrative
EastLake Village Center North Supplemental
Sectional Planning Area Plan (SPA)
Professional Administrative; parcel VC.2
The site has been previously graded in accordance with the approved master grading plan for the
EastLake I SPA. The site drains from the northeast to the southwest. Non-native grassland and
ornamental landscaping occurs on the site,
B. Prior Approvals and Environmental Documentation
The project site has been addressed in several prior environmental documents as discussed
below:
Page I of 14
/ - 3g
EastLake Master EIR (EIR 81-03)
A Master EIR (EIR 81.03) was completed for the 3,073-acre EastLake community in February
1982, This Master EIR considered the impacts of site annexation from the County of San Diego
to the City of Chula Vista, as well as the potential impacts associated with the implementation of
a General Plan Amendment, prezoning and General Development Plan for the future EastLake
Development.
EastLake I SPA Plan Supplemental EIR (SEIR 84-01)
In 1984, a SPA Plan was developed for approximately 1,268 acres of the 3,073-acre EastLake
community, This SPA plan, referred to as EastLake I, was prepared as a refinement and
implementation framework for the Planned Community zoning previously applied to the site in
1982, A Supplemental EIR (SEIR 84-01) was certified in February 1985 that addressed the
EastLake I SPA Plan and two accompanying Tentative Subdivision Maps, one of which included
thc subject site,
EastLake I SPA Plan AmendmentIKaiser Permanente Chula Vista Medical Center Supplemental
EIR (SEIR 92-01)
In 1992, a Supplemental EIR (SEIR 92-01) was ccrtified for the EastLake I SPA Plan
Amendment/Kaiser Permanente Chula Vista Medical Center. The SEIR addressed the land use
change of 12 acres identified as "YC-2" that is located at the northeast corner of EastLake
Parkway and Otay Lakes Road, SEIR 92-01 addressed the reduction ofthe 12-acre YC-2 area to
10 acres, including six acres of office/commercial uses and four acres of community purpose
facility (CPF) use, The remaining two acres of land located at the southeast intersection of
EastLake Parkway and Fcnton Street were eliminated from the adopted YC-2 area, moved to the
Business Center portion of the site and redesignated to employment use (E-IO), The EastLake I
GDP and SPA Amendments were approved by Resolution No, 16702 on June 30,1992,
EastLake Village Center North MND (IS-0I-042)
On July 23, 2002, the City Council adopted the EastLake Village Center North project and
associated Mitigated Negative Declaration (MND) by Resolution No 2002-64, The proposed
project encompassed three separate land use districts within the Eastlake 1 SPA identified as
"YC-l", "BC-3" and "YC-2", The 9.3-acre project site is within the larger YC-2 district. The
MND addressed the following actions for the YC-2 district:
.
EastLake II GDP Amendmcnt to change two acres of Research & Limited
Manufacturing to Professional & Administrative; and
EastLake I SPA Plan Amendment to change two acres of Employment designation to
Village Center-2 (YC-2); change two acres from Business Center-Manufacturing Park
District (BC-1) and Open Space (OS-7) to Village Center-2 (YC-2) and change the
permitted uses and property deveJopment standards for YC-2 (PC District Regulations);
repeal the Precise Plan and adopt new Design Guidelines,
.
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No site plan was proposed for the BC-3 or YC-2 districts at the time the MND was prepared.
The MND states:
"Future development of these parcels would be governed by the proposed Planned
Community District Regulations and Design Guidelines. Specifically, the PC District
Regulations set forth the development and land use standards for all property within the
EastLake II General Development Plan area by establishing: setbacks; building heights;
parking requirements; landscape requirements; use restrictions; animal regulations;
density of development; lot size, width and depth; fencing requirements; and signing
regulations, Sections ill and IV of the PC District Regulations specify the types of uses
that are pennitted, conditionally permitted and not pennitted within YC-2 and BC-3
districts, respectively,
Future site plans for the YC-2 and BC-3 parcels will be evaluated against the adopted PC
District Regulations and Design Guidelines specific to these parcels, In addition, an
environmental evaluation of issues related to the proposed land uses, such as but not
limited to land use compatibility with adjacent uses, noise, and aesthetics would need to
be conducted at thc time a future site plan is proposed, In addition, the need for any new,
,or expansion of, a public service specifically related to a proposed use (such as
emergency services and disposal of medical/toxic waste related to hospital or other
medical facility, disposal of biotechnical waste related to biotechnical research facilities,
etc,) would need to be evaluated for environmental considcrations,
On thc other hand, physical features "fthese parcels, includiug geology, biology, cultural
and paleontological resources and drainage, havc been addressed in current technical
studies or prior environmental documentation, and therefore would not need further
analysis, With respect to traffic, a worst-case traffic analysis has been prepared that
assumed the highest trip-generating land uses allowed on these parcels. As long as the
total trip generation for the three parcels (VC-l, VC-2 and BC-3) does not exceed that
projected in the 2002 LLG traffic study for the EastLake Village Center North project
(i.e" 36,356 average daily trips), no further traffic analysis would be required. Similarly,
a worst-case sewage generation and water demand analysis was conducted, Provided that
the ultimate development that is proposed for the VC.2 and BC-3 parcels is in
conformance with the PC District Regulations and Design Guidelines, no additional
water or sewer analyses would be required."
In summary, while a site plan for the YC.2 parcel was not proposed at the time, a worst-case
development scenario was assumed for traffic and public service consideration, The scope of
analysis in Section E of this MND is based upon the assumptions and technical studies prepared
for the EastLake Yillage Center North MND (lS-OI-042) and updates to these studies prepared
for this project.
C. Project Description
The proposed project involves the commercial development of 9.3 acres of the aforementioned
YC-2 parcel within the EastLake Yillage Center North Supplemental SPA Plan area. The
proposed project involves amendments to existing land use plans and approval of a site plan, as
discussed in detail below:
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Discretionary Actions
The proposed project requires approval of the following actions:
· Amendment to the City of Chula Vista General Plan to change the land use designation
of the site from Commercial-Professional Administrative Commercial to Commercial-
Retail;
. Amendment to the EastLake II General Development Plan to change the land use
designation of the site rrom Professional Administrative to Commercial Retail;
. Amendment to the EastLake Villagc Center North Supplemental Sectional Planning Area
Plan (Eastlake I SPA) to revise the site utilization plan to reflect a shift of 9,3 acres from
VC-2 to "VC-4", The proposed amendment would not change the Development Phasing
or Design Guidelines;
. Amendment to the EastLake II Planned Community (PC) District Regulations to add a
"VCA Land Use District" that would permit the proposed project, The existing church
and day care center is not subject to the proposed amendmcnts and will remain within the
VC -2 district.
Thc PC District Rcgulations currently allow primarily offices and limited gcneral
commercial uses on the subject site, The proposed changc in the PC District Regulations
would broadcn the spectmm o[retail uses allowed on the 9,3-acre site, Specifically, with
the proposed amendment to the PC District Regulations, thc additional retail commercial
uses would be permitted on the site including but not limited to: apparel stores, art music
and photographic studios and supply stores, appliance stores, arcades and electronic
games, cleaners and department stores, retail stores and shops, sign painting shops,
swimming pool supplies and television stereo and radio stores including sales and repair.
Site Plan
The proposed project is subjcct to a site plan and architectural review process through the Design
Review Committee and parcel map approval by the City Engineer. The site plan proposes a
98,497 square foot (SF) Kohl's department store, 7,000 SF ofretail in a stand-alone building and
a 5,500 SF sit-down restaurant building, The analysis contained hercin addresses a maximum
development potential of a 7,500 SF retail building and a 6,000 SF restaurant. The department
store would be located in the northeast comer of the site (Figure 3), The two other buildings
would be located on the southwest comer of the site. Adequate parking for the three buildings
would be provided onsite in accordance with City standards (minimum of 5 spacesll ,000 SF),
There would be four ingress/egress points for the site, The primary acccss to the site would be
from the driveway on EastLake Parkway, In addition to thc main entrance, thcre would be two
driveways on Fenton Street and one drivcway on Otay Lakes Road. The easternmost driveway
on Fenton Street would be dedicated to truck delivery, The driveway on Otay Lakes Road would
be shared with the adjacent church and day care center.
D. Compliance with Zoning and Plans
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TIle proposed project site is within a Planned Community District. The EastLake II PC District
Regulations would be amended as part of this project to change pennitted land uses on the site,
Amendments to the General Plan, EastLake II General Development Plan and EastLake I Village
Center North Supplemental SPA Plan are required for the proposed project to comply with
regulating plans,
E. Identification of Environmental Effects
Basis of Analvsis
As noted above, the project site has been the subject of several previous environmental
documents, The most recent of the earlier documents is the MND for the EastLake Village
Center North project (IS-01-042) which was prepared Jess than one year ago (June 2002), The
previous environmental documents provide a comprehensive evaluation of the site conditions
amI potential impacts of developing the site, These documents provide the basis of analysis and
scope for the evaluation of environmental effects in this ND,
Sitc conditions have not changed since the preparation of the MND for the EastLake Village
Center North, As such, the impacts of the proposed project on the physical features of the site,
including geology, biology, cultural and paleontological resources would be the same as
addrcssed in the EastLake Village Center North MND and are hereby incorporated by reference.
A rcgional detention facility is located at the southwest comer of the EastLake Village Center
North site, and it was designed to accommodate peak design flow events assuming full
development ofthe upstream watershed, Runoff from the project site would drain to the regional
detention facility (comprising approximately 1.5 percent of the total inflow to the detention
basin) via an existing storm drain system. A "Detention Basin Analysis for EastLake Village
Center North" was prepared in March 2002. This study assumed full development of the subject
site, Regardless of the land use, the impacts of development of the site on drainage would be the
same as addresscd in the EastLake Village Center North MND ,md are hereby incorporated by
reference,
The proposed project would not have an impact on agricultural or mineral resources, These
resources do not occur on the site. The proposed project is a commercial development.
Therefore, the proposed project would not increase population, or create the need for additional
housing or recreational facilities. No known hazardous materials occur on the site, and the
proposed commercial development of the site would not create a significant public hazard,
Mitigation measures identified in the EastLake Village Center North MND Mitigation
Monitoring and Reporting Program (MMRP) are valid and are required to be implemented by
The EastLake Company, LLC which is also the applicant for this project. The mitigation
measures that were identified in the EastLake Village Center North MMRP that are specific to
the project site are included as Attachment A. Note that these measures are not new measures,
but are incorporated by reference from MND IS.O 1-042,
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Analysis of Potential Environmental Effects
Because the proposed project involves a land use change, and a site plan for the site has not been
previously evaluated, the issues of land use compatibility, aesthetics, public services,
transportation and circulation, noise and air quality are addressed below,
Land Use Compatibility
The proposed project would be compatible with the established EastLake community, The
proposed change to the land use designation from Professional Administrative to Retail
Commercial would allow the continuation of the EastLake Village Marketplace directly west of
the site (across EastLake Parkway), This would achieve the intent of the activity core concept
anticipated by the EastLake I SPA,
The project site is ideal in terms of accessibility due to the fact that it is adjacent to major
transportation corridors within the EastLake area (Otay Lakes Road and EastLake Parkway) and
is within one mile of future SR-125, In addition, future transit facilities are being considered on
EastLake Parkway ncar the projcct site,
The resulting loss ~f 9.3 acres of professional administrative office use is considered
insignificant in that the adjaccnt 247-acrc Business Center allows for office
commercial/corporate office uses, in addition to manufacturing and industrial.
The proposed site plan has been dcveloped to provide a buffer betwcen the existing church and
day care facility and the proposed commercial center. The dcpartmcnt store would be the closest
building to these offsite existing facilities. There would be a distance of approximately 75 feet
between the eastern department store facade and the property line, There would be distancc of
approximately 150 fect ITom the loading docks to the property line, The project site would be at
a lower elevation (approximately 5 feet) than the existing church/day care center pad elevation,
Existing wrought iron fencing is located at the top of slope adjacent to the day care facility, The
day care facility has installed landscaping along the fence line, and thc proposed project includes
landscaping on the slope within the propcrty boundary. The elevation differcnce and
landscaping would provide a visual buffer between the land uses,
Activities at the loading docks can be a land use compatibility issuc, The loading docks are
located on the northeast comer of the building, According to the potential department store user,
loading and unloading at the department store would occur twice per week; multiple trucks ITom
various venders would not occur. All deIiveries would be from a centra] distribution center. The
loading activity would take a maximum of 30 minutes, The trucks arrive with a trailer with
merchandise, off-load the trailer and pick up an empty trailer. This type of centralized delivery
service minimizes truck activity as well as loading and unloading activity.
Sensitive uses are not directly within the line-of-sight of the loading dock area, Directly east of
the property line in the linc-of-sight of the docks is the day care facility parking lot. The day
care building is located south of the parking lot. The outdoor use area at the day care facility is
Page 6 of 14
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approximately 180 feet southeast of the loading dock area and would not be within the line.of-
sight of the loading dock area, The existing church is located south of the day care building,
Due to the orientation of the building and location of the loading dock area, the building itself
would block views of the loading dock from the outdoor use areas at the day care facility and the
church, As such, the distance between the proposed and existing offsite uses, orientation of the
buildings, elevation difference, fence and landscaping would provide a visual, air quality and
noise buffer between the two uses,
Lighting is also a land use compatibility issue, The residential land use to the south and the
church may be sensitive to night lighting, but the day care facility would be less sensitive due to
their daytime operating hours, The proposed project represents an infill project located in a
commerciaVindustrial area. Night lighting on the site would not create a new source of lighting
in the area. Night lighting would be required for security and architectural purposes, Night
lighting would be required to comply with the EastLake II Planned Community District
Regulations, According to the regulations, all lighting sources would be shielded in such a
manner that the light is directed away from streets or adjoining properties, The intensity of the
light at the boundary of the site would be required to comply with City standards. Thus, the
proposed night lighting would not result in a significant land use compatibility impact.
Aesthetics
The proposed project is subject to the EastLake II Planned Community (PC) District Regulations
and Design Guidelines as an1ended August 6, 2002, Specifically, the PC District Regulations set
forth the development and land use standards for all property within the EastLake II General
Development Plan area by establishing: setbacks; building heights; parking requirements;
landscape requirements; use restrictions; animal regulations; density of development; lot size,
width and depth; fencing requirements; and signing regulations, Preliminary building elevations
show an architectural style and building fenestration that would be compatible with the adjacent
EastLake Village Center North commercial center. Extensive use of recessed and lighted
alcoves, landscaping, parapets and windows are proposed for the department store facades that
would reduce the building mass, Similar features are replicated in the adjacent retail and
restaurant building for continuity, The proposed projcct would comply with the existing PC
District Regulations and Design Guidelines and would be subject to design review and approval
by the Design Review Committee, No impacts to aesthetics are anticipated,
Public Scn'ices and Utilities
The proposed change in land use would not result in a significant impact on public services or
utilities, The site is planned for development. Development impact fees are re'luired during the
building permit process to address the impact on public services. The proposed land use change
would not generate additional population; therefore, population-based public resources, such as
parks and recreation, would not be affected by the proposed land use change,
Potable and recycled water demands were estimated for the EastLake Village Center North
MND in the "EastLake Village Center North Water Analysis" (PBS&J, February 2002), As
noted in Section B, a worst-case water demand was assumed in the February 2002 study. An
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update of this analysis, "Amended EastLake Village Center North Supplemental SPA Plan Water
Analysis" (PBS&J April 2002), concluded that siuce the adopted (Professional-Administrative)
and proposed (Retail Commercial) land uses both fall into the general commercial category in
the Otay Water District (OWD) Water Resources Master Plan, no impacts to the projected
potable or recycled water demands would result from the proposed land use amendments. The
potable and recycled water demand would be the same under either land use scenario.
Therefore, no impacts to the projected potable and recycled water demand would result from the
proposed land use amendments,
Wastewater generation was estimated for the EastLake Village Center North MND in the
"EastLake Village Center North Sewer Analysis" (PBS&J, March 2002), As noted in Section B,
a worst-case wastewater generation was assumed for the site in the March 2002 study. An
update of this analysis, "Amended EastLake Village Center North Supplemental SPA Plan
Sewer Analysis", PBS&J, April 2003), concluded that thc average daily wastewater generation
rates in the Chula Vista Subdivision Manual are the same for the adopted (Professional
Administrative) and proposed (Retail Commercial) land uses, Thus, the estimated wastewater
generation would be the same under either land use sccnario, Therefore, no impacts to the
projected wastewater generation would result ITom the proposed land use amendments,
Transportation ami Circulation
As noted previously, because no site plan was proposed at the time, a worst-case development
scenario was assumcd for the VC-2 parcel in thc EastLakc Village Center North MND (IS-OI-
042), The traffic analysis for the MND entitled "Traffic Impacts Analysis, EastLake Village
Center North" (Linscott, Law & Greenspan, May 8, 2002) assumed that the entire 68-acre
projcct (VC-I, VC-2 and BC-3) would generate 36,356 avcrage daily trips (ADT), It was
assumed that a total of 8,830 ADT would be generated by the VC.2 parccl, which includes the
project site, The MND stated that as long as the updated total trip generation for the three
parcels does not exceed that projected in the May 2002 traffic study for the EastLake Village
Center North project (i,c" 36,356 average daily trips), no further traffic analysis would be
required,
The May 2002 traffic impact analysis was updated with a ncw traffic study specific to the
proposed project. This study, entitled "Traffic Impact Analysis, EastLake Village Center East"
(Linscott, Law & Greenspan, April 24, 2003) addressed the maximum development potential for
the sitc, specifically a 98,497 SF department store, a 7,500 SF retail faciJity and a 6,000 SF sit-
down restaurant on the VC-2 parcel. The study compared the proposed project traffic generation
to the assumptions in the May 2002 study.
Table I is a comparison of the land uses and trip generation assumed in the May 2002 report for
the project site and the proposed land uses, As shown in Table I, the approved site land uses are
calculated to generate 8,830 ADT with 473 trips in the AM pcak hour and 850 trips in the PM
peak hour. The proposcd project would generate 8,004 ADT with 242 trips in the AM peak hour
and 729 trips in the PM peak hour. Thus, the proposed project would result in an estimated 826
ADT less than the approved land uses, as well as fewer AM and PM peak hour trips,
Page 8 ofI4
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The proposed project would not gencrate more vehicular trips than previously assumed for the
site, and the total trip generation for the three parcels (VC-], VC-2 and BC-3) would not be
exceeded (i.e" 36,356 average daily trips). Thus, no addition a] offsite analysis is required, The
offsite traffic analysis contained in the EastLake Village Center North MND (IS-OI-042) and
associated J'vIMRP is hereby incorporated by reference.
Intersection (PM peak hour) and street segment operations (ADT) within the study area were
analyzed for the following scenarios:
. Existing plus Project (near term)
. Year 2005 without SR.125
. Year 2005 with SR-]25
. Bui]dout (complete build out of planned developments and the street network in the Eastern
Territories)
Only PM peak hour analysis was conducted since the PM traffic generation is the worst case
with the highest traffic volumes as compared to the AM peak hour. The project generated PM
peak hour trips were assigned to thc four project driveways for the four scenarios listed above,
The results are shown in Tablc 2, All driveway intersections are unsignalized, In summary, the
level of service at all four projcct driveway intersections would operate at LOS B or bettcr for
the Existing + Project scenario, LOS C or better for the Year 2005 Without or With SR ]25
scenarios, and LOS D or better in the Buildout sccnario, Thus, the proposed project would not
rcsult in additional traffic impacts or traffic impacts that would be more severe than what was
addressed in the MND for the EastLake Village Centcr North project, No additional traffic
analysis or mitigation measures are requircd.
Air Quality
The proposcd project would generate pollutants during the construction and operation phases of
the project. The air quality analysis in the EastLake Village Center North MND addressed the
temporary construction-related emissions pertaining to the grading of the site, The impact
analysis and mitigation measures addressed in MND IS-02-042 and associated MMRP are
incorporated by reference. The applicant would be required to implement air quality control
measures outlined in the EastLake I Supplemental Air Quality Improvement Plan pertaining to
the design, construction and operational phases of the project as required in the MMRP for MND
IS-02-042,
As discussed previously, the proposed project would result in less vehicular trips than what was
previously analyzed for the site, Thus, the proposed project would not result in new or more
severe air quality impacts related to mobile source emissions, Higher concentrations of exhaust
fumes could occur in the loading dock area during deliveries, As stated previously, truck
deliveries would occur up to four times per week, and the deliveries could take up to 30 minutes.
Trucks may idle during the unloading and loading of trailers onto the cabs, The closest offsite
use to the docks would be the day care facility parking lot, which would be over ]50 feet to the
east, The closest outdoor use area would be the day care facility play area, which would be over
] 80 feet to the south of the loading dock area and would not be within the line-of-sight of the
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dock area. Due to the frequency of deliveries, length of delivery time, distance to outdoor use
areas, and the fact that there would be no direct line-of-sight to the loading dock area, no
significant air quality impact is anticipated from loading/unloading activities,
Noise
Projected noise levels on the subject site were calculated in the "Noise Assessment for the
EastLake Village Center North project" (Dudek & Associates, Inc, April 29, 2002), However
the noise assessment acknowledged that a site plan was not analyzed at that time, Therefore, the
assessment only addressed noise generated by project-related traffic and buildout traffic volumes
on adj acent strects.
A "Supplemental Environmental Noise Assessment for the EastLake Village Center East GP A &
GDP/SPA Amendment" project was prepared by Dudek & Associates (May 2003) to address the
proposed site plan (Figure 3), The study addressed noise levels generated by offsite traffic
volumes and onsite uses,
The noise exposure criterion for commercial uses is 70 dB CNEL. This criterion applies at
outdoor use areas such as lunch areas or outdoor garden centers, The site would be primarily
affected by offsite traffic-related noise from Otay Lakes Road, EastLake Parkway and Fenton
Street and onsite noise generated by loading and delivery activities, outdoor mechanical
cquipment and parking lot activities,
Offsite Traffic Noise
As discussed previously, the proposed project would not increase the traffic volumes on adjacent
streets above what was previously calculated in thc EastLake Village Center North MND and
associated traffic analysis (LLG 2003), The traffic noise impacts associatcd with development of
the EastLake Village Center North project (which includes the subject site) was previously
considered to be less than significant (Dudek& Associates 2002), This determination was based
on the fact that the noise level increase from project-related traffic would be 3 dB or less, the
threshold for audible change, with the exception of EastLake Parkway between Otay Lakes Road
and Fenton Street and along Fenton Street. At the time the 2002 noise analysis was prepared, no
sensitive land uses were located along these segments of road,
The updated noise analysis calculated the noise level along these segments of road as well as
Otay Lakes Road using buildout traffic volumes /Tom the EastLake Village Center North MND
traffic analysis, The future buildout traffic volumes along Otay Lakes Road, EastLake Parkway
and Fenton Street were calculated to be 42,000 ADT, 25,000 ADT and 14,000ADT, respectively
(LLG 2002), As shown in Figure 4, the noise level adjacent to EastLake Parkway would 70 db
CNEL which meets the City's criterion for commercial uses, The noise level along Fenton Street
between 65 and 70 dB CNEL which also meets the City's criterion for commercial uses. The
noise levels adjacent to Otay Lakes Road would be up to 75 db CNEL. The noise levels between
70 and 75 dB CNEL would occur within the landscaped area and parking lot adjacent to the road,
Noise levels at the outdoor use areas would be 70 dB or less, This noise level would comply
with the City's noise standards and would not be significant.
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Onsite Noise Generation
Onsite noise would be associated with the loading dock and delivery activities, outdoor
mechanical equipment and parking lot activities,
Loading Dock/Delivery Truck Activities, A loading dock area would be located at the
northeast side of the proposed Kohl's store (Figure 3), Because Kohl's operates tTom a
distribution center, the number of truck deliveries is minimized, A maximum of four deliveries
are anticipated per week, the maximum occurring during peak sales periods, The loading
activities would occur during the store's proposed hours of operation (i,e" 9 AM -9PM).
The time period for the truck delivery would be approximately 30 minutes or less, This is due to
Kohl's specific procedure for deliveries, Their procedures is to drive up to the loading dock and
"seal" to the loading dock delivery door. The trucks disconnect the cab fiom the trailer, and
attach the cab to an empty trailer, then the truck would leave the store, The receiving crew
would unload the trailer and transfer merchandise into the store, The primary noise that would
be generated by the process would be from the truck arriving, backing up into the dock,
detaching the cab, attaching the cab to the empty trailer and driving away, Noise measurements
taken at a similar retail store with similar activities resulted an hourly average noise level of up
to 55 dB at 50 feet from the source,
The loading dock would be located at the northeast corner of thc building, Thc closest noise
sensitive arca would bc the day care center located approximately 150 feet east of the loading
dock, The on,hour average noise level associated with the loading dock activities would be
approximately 51 dB at the eastern property boundary, This noise level would not result in a
significant noise impact.
Outdoor Mechanical Equipment. Heating Ventilation and Air Conditioning Equipment
(HV AC) as well as trash compactors would be located at the proposed department store. Eight
HV AC units would be located on the roof of the department store, The units would be set back
from the edge of the roof a minimum of 20 feet, and a parapet would screen the units. Each of
the units has a manufacturer's sound power rating of 92 dB, At the property boundary of both
the day care center and the church, the one-hour average noise levels would be 45 dB or Jess
assuming all equipment operates continuously for a one-hour period, This noise level would
comply with the City's noise standards and would not be significant.
HV AC equipment would also be locatcd on the other retail building and the restaurant. The
closest sensitive use to the retail building and rcstaurant would be 340 feet and 250 feet,
respectively, The HV AC units proposed for these buildings typically gcnerate noise levels of
approximately 45 to 55 dB at a distance of 50 feet. The one-hour average noise level associated
with the retail building and the restaurant on Lot 3 would be 43 dB or less assuming the
equipment operates continuously for a one-hour period, This noise level would comply with the
City's noise standards and would not be significant.
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A compactor would be located near the loading dock area. The property line of the day care
center would be approximately 110 fect or more from the compactor. Based on measurements
taken of compactors similar to the type proposed (15 HP), the maximum noise level at 110 feet
from the compactor would be approximately 56 dB, The compactor would typically be operated
for no more than two cycles per hour, or approximately two to three minutes per hour. The one.
hour average sound level would be approximately 43 dB at a distance of 110 feet, This noise
level would comply with the City's noise standards and would not be significant.
Parking Lot Noise. Typical noise sources in parking lots include opening and shutting of car
doors, starting engines and vehicle pass-bys. Based on published data, the sound exposure level
for each vehicle within the parking lot would be 68 dB at a distance of 50 feet. Assuming a
maximum of 729 vehicles in the parking lot during the peak hour (LLG 2003) and that the
vehicles are evenly distributed throughout the parking lot, the one-hour average noise level
would be approximately 47 dB along the eastern property boundary and 42 dB at the multi-
family residcntial development to the south, This noise level would comply with the City's noise
standards and would not be significant.
Cumulative Noise
The future one-hour average noisc level contribution from the project to ambient noise levels at
the eastcrn property boundary and the multi-family rcsidential use south of Otay Lakes Road
would be approximately 54 dB or less and 46 dB or less, respectively, These noise levels
include the onsite noisc sources including the loading dock/delivery tnIck noise, outdoor HV AC
mechanical equipment, trash compactor and parking lot noise, These noise levels do not account
for noise attenuation associated with intervening topography, buildings or walls. These noise
levels would comply with the City's noise standards and would not be significant.
F. Mitigation Necessary to A void Significant Impacts
The proposed project would not result in new significant environmental impacts or increase the
severity of the impacts identified in previous envirorunental documents prepared for the site,
The mitigation measures ineluded in the MMRP for the EastLake Village Center North MND
(IS.02-042) are still valid, and the applicant is required to fulfill the mitigation requirements
outlined in the MMRP, The MMRP for MND IS-02-042 is included in Attachment A for
reference,
G. Consultation
Citv ofChula Vista
Lombardo DeTrinidad, Civil Engineer
David Kaplan, Transportation Engineer
Jim Newton, Civil Engineer
Luis Hernandez, Principal Planner
Jeff Steichen, Associate Planner
Marui Borg, EnvirOlIDlcntal Projects Manager
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Applicant's Agent
Cinti and Associates, Gary Cinti, Principal
Village Center East ApplicanVDeveloper
The EastLake Company
Gatlin Development Company
Kohls Department Stores
Documents
. EastLake Master EIR (EIR 81.03), February 1982,
. EastLake I SPA Plan Supplemental EIR (EIR 84-01) January 1985,
. EastLake I SPA Plan Amendment/Kaiser Pcrmanente Chula Vista Medical Center
Supplemental EIR (EIR 92.01), June 12, 1992,
. EastLake ViII age Center North Mitigated Ncgative Declaration (MND IS-Ol-042), June
11,2002
. Detention Basin Analysis for EastLakc Village Ccntcr North, Hunsaker & Associates,
March 4, 2002,
. Traffic Impact Analysis for EastLake VilIage Center North, Linscott, Law & Greenspan,
May 2002
. EastLake ViII age Center Project Environmental Noise Assessment, Dudek & Associates,
Inc" April 29, 2002.
. EastLake VilIage Center North Water Analysis, PBS&J, February 2002,
· EastLake ViII age Center North Sewer Analysis, PBS&J, March 2002,
. Traffic Impact Analysis for EastLake VilIage Center East, Linscott, Law & Greenspan,
April 2003,
. Amendcd EastLake VilIage Center North Supplemental SPA Plan Sewer Analysis,
PBS&J, April 2003,
. Amended EastLake Village Center North Supplemental SPA Plan Water Analysis,
PBS&J, April 2003
· Detention Facility Letter, Hunsaker & Associates, April 2003,
. EastLake Village Center East GPA & GDP/SPA Amendment Project Supplemental
Environmental Noise Assessment, Dudek & Associates, Inc, May 2003,
I. Environmental Determination
The City of Chula Vista determined that the proposed project wilI not have significant
environmental effects other than what has been previously identified in prior environmental
documentation. The preparation of an Environmental Impact Report wilI not be required, This
Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA
Guidelines,
Page 13 of14
J - ij-O
I find that there will not be a significant effect on the environment because the proposed project
would not result in new impacts or impacts that are more severe than previously analyzed in the
EastLake Village Center North MND (IS-02-042) and other related environmental documents,
The mitigation measures described in the MND and associated MMRP (see Attachment A) are
still valid and are incorporated by reference, This Mitigated Negative Declaration has been
prepared in accordance with Section 15070 of the Guidelines for the California Environmental
Quality Act (CEQA) as amended December 2001. This report reflects the independent judgment
of the City of Chula Vista. Further information regarding the environmental review of this
project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista,
CA 91910.
h;~~-ff'
Marilyn ,F. Ponseggl
Environmental Review Coordinator
Date: &//q/tJ 3-
I .
Page 14 of 14
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FIGURE 1
Regional Location
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Village Center North
Supplemental SPA
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I!o.~ EastLake I SPA
Shores Neighborhood
Hills Neighborhood
Business Center I & II
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~E'ASTLAKE
A pbDllro CDUlmlllliry by The EurL8kc Compaay
FIGURE 2
Project Site Location
/.- 53
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Table 2
PM PEAK HOUR INTERSECTION OPERATIONS
EXISTING + YEAR 2005 YEAR 2005
WITHOUT SR BUILDOUT
INTERSECTION PROJECT 125 WITH SR 125
DELAY LOS DELAY LOS DELAY LOS DELAY LOS
Fenlon SUProject Dwy. 1 8,9 A 10,5 B 10.5 B 11.3 B
Fenton St /Kuhn DrJProj. Dwy, 2 11,8 B 22.5 C 20,1 C 28.6 . 0
Eastlake Pkwy/Project Dwy, 3 112 B 13,7 B 15,0 B 19.0 C
otay Lakes Rd.lProject Dwy, 4 11,3 B 12.9 B 15.5 C 18,2 C
Noles:
1 Delay - Average delay per vehicle in seconds
2 LOS - Level of Service.
UNSIGNALIZED INTERSECTIONS
AVERAGE CONTROL DELAY LEVEL OF
PER VEHICLE SERVICE
0.0 :' 10.0 ~
10.1 to 15,0 B
15.1 to 25,0 C
25.1 to 35.0 D
35.1 to 50.0 E
.': 50.0 F
/ -57
ATTACHMENT "A"
Mitigation Monitoring Reporting Program
IS.OI.042
This Mitigation Monitoring Reporting Program (MMRP) is prepared for the City of Chula Vista
in conjunction with the proposed EastLake Village Center North (IS-01.042) project. The
proposed project has been evaluated in a Mitigated Negative Declaration (MND) prepared in
accordance with the California Environmental Quality Act (CEQA) and City/State CEQA
Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures
are implemented and monitorcd on Mitigated Negative Declarations, such as IS.01-042, The
MMRP for this project ensures adequate implementation of mitigation for the following potential
impacts:
1. Water Quality
As discussed in the EastLake Village Center North MND, grading, construction and operation of
the proposed project would increase the potential for erosion and impacts on water quality from
runoffthat contains silt, oils, fuel residues, etc,
2, Air Quality
As discussed in the EastLake Village Center MND, the proposed grading of the site would
generate construction equipment emissions and airborne particulates, In addition, particulates
associated with grading equipment (particulates from haul trucks, dirt on the truck tires, and dirt
on unimproved portions of haul routes) would become airborne during hauling operations, The
incremental increase in mobile emissions Jiom site improvement would contribute to existing air
quality violations on a short-term basis.
3. Geology
As discussed in the EastLake Village Center North MND, grading of site would impact
unsuitable geologic conditions,
4. Transportation
As discussed in the EastLake Village Center North MND, the project would generate sufficient
volume of traffic to reduce levels of service on segments of EastLake Park-way and Otay Lakes
Road, as well as several intersections on Otay Lakes Road and EastLake Parkway to
unacceptable levels,
S. Paleontological Resources
As discussed in the EastLake Village Center North MND, the grading of the site may impact the
Otay Formation, which has high paleontological resource potential.
1
/- 58
6. Noise
Site plans for the VC-2 and BC.3 parcels are not being proposed at this time. If the noise level at
outdoor use areas in the parcels exceeds the City's noise standards, the noise impact would be
considered significant.
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator
shall be the Environmental Review Coordinator for the City of Chula Vista. It shall be the
responsibility of the applicant to ensure that the conditions of the Mitigation Monitoring
Reporting Program are met to the satisfaction of the Environmental Review Coordinator.
Evidence in written form confirming compliance with the mitigation measures specified in the
EastLake Vi11age Center North MND (IS.OI,042) shall be provided by the applicant to the
Environmental Review Coordinator. The Environmental Review Coordinator will thus provide
the ultimate verification that the mitigation measures have been accomplished.
2
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j" 7/
ADDENDUM TO THE NEGATIVE DECLARATION
FOR EASTLAKE VILLAGE CENTER EAST
PROJECT NAME: EastLake Village Center East
PROJECT LOCATION: Northeast corner of the EastLake Parkway/Otay Lakes Road
intersection
PROJECT APPLICANT: The EastLake Company, LLC
CASE NO:
IS-03.028
DATE:
June 19,2003
1. BACKGROUND
A Negative Declaration (IS-03-028) has been prepared for the EastLake Village Center East
project, which involves the commercial development of a 9,3-acre parcel within the EastLake
Village Center North Supplemental SPA Plan area, The Negative Declaration (ND) addresses a
City of Chula Vista General Plan Amendment, EastLake II General Development Plan
Amcndment, EastLake Village Center North Supplemental Sectional Planning Area Plan
Amendment and an amendment to the EastLake II Planned Community District Regulations to
change the land use designation of the site from Commercial-Professional Administrative
Commercial to Commercial-retail and to broaden the spectrum of retail land uses that can be
developed on the site.
The proposed project is subject to a site plan and architectural review process through the Design
Review Committee and parcel map approval by the City Engineer. The ND also addresses a
proposed site plan that includes a 98,497 square foot (SF) Kohl's department store (Lot I), 7,500
SF retail building (Lot 2) and a 6,000 SF restaurant (Lot 3),
II, THE PROPOSED PROJECT
Since issuance of the ND for public review, the land use allocation for Lots 2 and 3 has changed.
The revised project includes a maximum total of 12,000 SF of restaurant/food use and 4,800 SF
of retail combined between the two lots, No other changes are being proposed to the site plan or
development potential ofthe site,
III. CEQA REQUIREMENTS
Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's
responsibilities in handling new information that was not included in a project's environmental
document. Section 15162 of the State CEQA Guidelines provides:
(a) When an EIR has been certified or a negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency
ND 15-03-028 Addendum
06/19/03
/-7~
determines, on the basis of substantial evidence in the light of the whole record,
one or more of the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the
involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the
previous EIR or negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
(3) New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the
time the previous EIR was certified as complete or the negative
declaration was adopted, shows any of the following:
a, The project will have one or more significant effects not discussed
in the previous EIR or Ncgative Declaration;
b, Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
c, Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible and' would substantially reduce
one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative;
or
d, Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative,
As discussed in Section IV below, the proposed project would not result in new significant
impacts or an increase in severity of the impacts disclosed in the ND. With the exception of the
change in development potential of Lots 2 and 3 combined, the proposed project is consistent
with the land use and intensity of development assumed for the site in the ND, No new
information of substantial importance has been identified that was not known and could not have
been known at the time the ND was prepared. Further, the proposed project does not change the
analysis and conclusions in the ND.
Pursuant to Section 15164 of the State CEQA Gttidelines, a lead or responsible agency shall
prepare an Addendum to a ND if some changes or additions are necessary but none of the
conditions described in Section 15162 calling for preparation ofa subsequent EIR have occurred.
This Addendum to the ND for Eastlake Village Center East (IS-03.028) has been prepared in
accordance with the requirements of the City of Chula Vista Environmental Review Procedures
and Section 15164 of the State CEQA Guidelines, This Addendum addresses the proposed
change in development potential of Lots 2 and 3 and makes only a minor technical change or
ND IS-03-028 Addendum
2
06119/03
/-73
addition that is necessary to make the ND for EastLake Village Center East adequate under
CEQA. The Addendum need not be circulated for public review but will be attached to the ND
(State CEQA Guidelines, 915164(c)).
IV, ANALYSIS
As stated previously, the ND addressed a development potential for Lots 2 and 3 of 7,500 SF of
retail and 6,000 SF ofrestaurant use, The proposed revised project would increase the restaurant
use on Lots 2 and 3 by 6,000 SF and would decrease the retail use by 2,700 SF,
A maximum of 8,830 average daily trips (ADT) are allocated to the entire site based on the
approved land use designation for the site. As long as the proposed project does not exceed the
total trips alJocated to the site (i,e" 8,830 ADT), there would be no traffic impact associated with
the proposed development potential.
The revised project represents a maximum development potential for the site. A trip generation
analysis was conducted for a 98,497 SF department store, 12,000 SF of restaurant use, and 4,800
SF of retail use for the entire site, The trip generation would not exceed the 8,830 ADT that was
assumed for the site in the ND (LLG, June 18, 2003). No new traffic impacts would occur from
the revised project.
Sif!nificance of Impacts
Since no impacts were identified, no mitigation measures are required,
IV, CONCLUSION
Pursuant to Section 15164 of the State CEQA Guidelines, and based upon the substantial
evidence in the record supporting the above discussion, I hereby find that the proposed change in
the proposed project will result in only minor technical changes or additions which are necessary
to make the Negative Declaration for the EastLake Village Center East project (IS-03-028)
adequate under CEQA.
Ua.JidL
-& Manlyn R. F. Ponseggi
- Environmental Review Coordinator
References:
. City of Chula Vista Environmental Review Procedures
· Negative Declaration for EastLake VilIage Center East (IS.03.028) dated May 22,2003
ND IS-03~028 Addendum
3
06/19/03
/- 71j
.
) - 7!J~
ATTACHMENT 5
DISCLOSURE STATEMENT
Appendix B
iE CITY L. CHULA VISTA DISCLO~ (E STATElv,cNT
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.
'll-L &.slt&/L ~P({."''1V, "'t--.<'--
~ J /.;
,1. (? k.we,(( L'CM'\.d ~P''''V\v
1
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.
T,[,. ?'o"",;,Je_((
3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of
8ny person serving as director of the non,profit organization or as trustee or beneficiary or trustor of
U'jr: 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
inde-!5ende~t contractors who you have assigned to repres~!lt you b~f~r,e the ,City in this matter,
r)d ( ;}:Jff.w\ bd I INrC hh'Yi
()v\i RCoiJ){'() (Or.'['1 (.; ,\ +,
(~+ s v,,'dI. '\1-, vl C, NY
6. Have you and/or your officers or agents, in the aggregate, contributed m~ than $1,000 to a
Councilmember in the current or preceding election period? Yes No ~ If yes, state which
Councilmember(s):
Date:
., ,. - ~
,;I- d-. 0.'7
(NOTE: ATTACH ADD/TlONAL PAGES AS NE~~SZ)
Signature of contractor/applicant
(~(/V ffSC.fG
Print or type name of contractor/applicant
* Person is defined QS: "Any individual, firm, co-partnership. joint venture, association, social ciub,Jreaternal organl-?ation, corporation,
estate, trust, receiver, syndicate, this and any other county, City Grid country, city municipality, district, or other political subdivision, or any
other group or combination acting as a unit. "
/-7(;7
PLANNING COMMISSION AGENDA STATEMENT
Item: 2...
Meeting Date: 06/25/2003
ITEM TITLE:
Public Hearing: Precise Plan PCM-03-33, to establish development standards
in order to construct four detached condominiums on one lot at 216,218,220
Davidson and 261 Twin Oaks in the R-3 Apartment Residential, Precise Plan
(R3-P22) Zone. Applicant: Harold D, West
Precise PlmlS require the approval by the Planning Commission and City Council per Section
19,14,573 of the Chula Vista Zoning Code.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed project qualifies for a
Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines, Thus no
further environmental review is necessary,
RECOMMENDATION: That, based upon the findings of fact, the Planning Commission
recommend approval of the attached Resolution, to recommend to that the City Council adopt the
ordinance approving PCM-03-33,
DISCUSSION:
I. Sitc Characteristics
The subject property currently consists of four dwelling units, three attached units and one detached
SFR on a 9,632 square foot lot. All of these lmits are proposed to be demolished, The site is
situated west of Third Avenue, east of Second Avenue and is bordered by F Street to the north and
G Street to the south.
2, General Plan, Zoning and Land Use
The project is located in the R-3 - Apartment Residential Zone, with a Precise Plan (P) Designation
(R.322P) ami has a General Plan Land Use Designation of Residential Medium High (II - 18
dwelling lmits per gross acre), The (P) designation allows for discretionary approval of development
standards and regulations that will allow development within the zone that may not otherwise meet
the standards of the underlying zone. The proposed density is consistent with the Residential
Medium High general plan designation and lower than the 22 units per acre zone designation,
/
Page 2, Item:
Meeting Date: 06/25/2003
Adjacent zoning and land use include:
General Plan
Zoning
Current Land Use
Site:
North:
South:
East:
West:
Residential, Medium.lligh
Residential, Medium.High
Residential, Medium-High
Residential, Medium-High
Residential, Medium.High
R-3P22
R-3P22
R-3P22
R-3P22
R-3P22
Multi.family residential
Multi.family residential
Single-family residential
Single-family residential
Duplex/Residential
3, Proposal
The project consists of constructing 4 detached condominium units of varying sizes. Each unit
would have a two.car garage, The decorative facades, various roof pitches and the asymmetrical
architecture of each unit will be compatible with the Victorian home to the east and the historic flair
of downtown Chula Vista to the west. The project also proposes patios and porches, which are
important elements of Victorian architecture, However the applicant is also proposing 7 - 8 feet wall
enclosures which may deter from the overall open design of Victorian subtypes and are inconsistent
with the single. family residential allure of the project. The applicant also proposes to utilize mature
landscaping and will provide street trees along the length of the project.
4, Background
The applicant brought his proposal to the Design Review Committee for preliminary review on
February 17,2003, At that time the members of the committee expressed concern with the linear
affect of the units, the reduction of setbacks and fence heights. To address the concerns of the
committee, the applicant revised his proposal to allow for more movement of the buildings and
variations of roof heights, The item was brought back to the Design Review Committee on June 2,
2003. At that time, the Design Review Committee found that thc project conforms to the Design
Guidelines ofChula Vista and votcd 5-0-0-0 to approve the site plan and architectural elevations for
the project. The precise plan has been applied for to allow for thc reduction in setbacks and to exceed
the maximum height requirement of the zone. The proposal includes wall heights of 7 to 8 feet, but
the Design Review Committee accepted staffs recommendation and approved the design of the
project with a maximum of 6 foot wall heights, Both the Planning Commission and the City Council
must approve the precise plan before construction of the project can begin,
ANAL YSIS:
DEVELOPMENT STANDARD
Height
ALLOWED
28 feet
Lot Coverage
50%
PROPOSED
Units 1 & 4 = 24 ft 6 in.
Units 2 & 3 = 32 ft,*
44%
~
Page 3, Item:
Meeting Date: 06/25/2003
Setbacks:
Front (to garage)
22 feet
Unit I - 19 feet*
Unit 2 - 19 feet*
Unit 3 = 20 feet*
Unit 4 = 18 feet*
15 feet 3 feet 6 in*
5 feet (interior) 5 feet
10 feet (exterior) 10 feet
Parking 4 two.car garages 4 two.car garages
*Requested flexibility from the R-3 zone per Sections 19,56,040 and 041 of
the Chnla Vista Municipal Code,
Rcar
Sides
The proposed project is an appropriate use for the 9,632.square-foot lot located in the R.3P22 Zone,
where, according to the Chula Vista Municipal Code, "The purpose of the R-3 zone is to provide
appropriate locations where apartment house neighborhoods of varying degrees of density may be
established, maintained, and protected,"
Section 19,56,041(C) states that a precise plan may bc implemented if the basic underlying or
underlying zone regulations do not allow the property owncr and/or the city appropriate control or
flexibility needed to achieve an efficient and proper relationship among the uses allowed in the
adjacent zones,
The development standards of the R.3 Zone limit the applicant's potential to maximize the use of
the site. The applicant would like to develop an "upscalc" condominium development that will be
compatible with the historic charactcr of the surrounding area, In an effort to provide relatively
affordablc single-family housing opportunities, the applicant has proposed this condominiwn project
with four detached units, cach with an attached two.car garage, However, the applicant is
constrained by the development standards of the R.3 Zone, The goal ofthe applicant is to retain the
same number of existing housing units, while creating a single. family allure, The requested
deviations would provide the applicant an opportunity to meet these goals and as well would
enhance the public convenience and general welfare of the community by providing quality housing
opportunitics, Further, the new project would provide oft~street parking that currently does not exist
at 216, 218, and 220 Davidson and 261 Twin Oaks Avenue, The on.site provision of parking would
help enhance the character of the neighborhood and the public convenience of the community by
alleviating on-street parking that at times is impacted by events within the downtown area,
1, Access/Circulation
Each unit will have a two-car garage that will be directly accessible from the frontage street. No on-
site vehicle circulation will result from this design, The proposed project will be replacing four
existing dwelling units and thercfore should not result in a significant increase in traffic,
3
Page 4, Item:
Meeting Date: 06/25/2003
2, Parking
The 4 two-car garages will meet the required parking for this project. The applicant has requested a
reduction of2 to 4 feet from the 22 foot setback requirement for each of the two-car garages. The
provision of on-site parking will help alleviate any parking impacts created from downtown
activitics,
3, Landscaping
To help minimize the mass of the structures, this project will utilize mature landscaping, It will also
include shrubs, trees, and flowering plants throughout the site, To contribute to the pedestrian appeal
of the neighborhood, the applicant will also provide street trees along the length of the project on
Davidson and Twin Oaks. In addition, all landscaping will be subject to the requirements of the
City's Landscape Manual and will require review and approval by the City's Landscape Planner.
Prior to issuance of a building permit, an irrigation and water management plan shall be submitted to
the City Landscape Planner for review and approval.
4. Trash Disposal/Recycling
The project proposes one trash storage unit per unit. The trash storage units will be fully enclosed
and easily accessible to each unit, The applicant must enter into a Recycling and Solid Waste Plan
with the City prior to final project approval.
5, Architecture
Monotonous linear elevations will be avoided by the various roof heights and styles of each unit.
The asymmetrical facades provide dimension and character to the project as well as to the overall
neighborhood, The architectural style complements the historic character of the surrounding area,
The combination of both vertical and horizontal articulation of the roof lines and the use of hips
and gables lend to the Victorian charm and architecture,
Each of the proposed units would use color contrast and variation to enhance the architectural
elements of the project. A minimum of three colors will be used on each unit, The use of material
and color contrast will provide dimension and will complement the architectural style of the
project and the historic Victorian house to the east.
CONCLUSION:
The standard of high quality planning and design of this project will enhance the public
convenicncc and general welfare ofthe surrounding neighborhood, Therefore, staff requests that the
Planning Commission recommend that City Council adopt the attached Ordinance approving PCM-
<f
Page 5, Item: _
Meeting Date: 06/25/2003
03-33, a Precise Plan to deviate from the development standards of the R3 Zone.
Attachments
I, Locator Map
2, DRC-03-79 NOD
3, Resolution PCM-D3-33
4, Draft Ordinance for PCM-03-33
5, Processing Application
JWlanninglLynnette\administrativc rcvicw\PCM-OJ-33 216 Davidson planning cummission report.doc
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C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT'. TWIN OAKS PRECISE PLAN
PROJECT 216/218/220 DAVIDSON ST & Request: Proposing a precise plan for demolition of
ADDRESS: 261 TWIN OAKS
SCALE: FILE NUMBER: (4) units and construction of (4) single family homes
NORTH No Scale PCM-03-33 (p with enclosed 2 car garage.
c:\cherrylc\locatorsllocators03Ipcm0333,cdr 04,17,03
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Design Review Committee
CITY Of
CHULA VISTA
NOTICE OF DECISION
On DRC-03-79; (Harold West)
216-220 Davidson Street/261 Twin Oaks
Notice is hereby given that the Design Review Committee has considered DRC-03-79 for
property located at 216-220 Davidson and 261 Twin Oaks. This is a request for a new
condominium project consisting of four detached condominiums each with a attached two car
garage.
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project qualifies
for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines.
Thus no further environmental review is necessary.
The Design Review Committee, under the provisions of Section 19.14,582.1 of the Chula Vista
Municipal Code, has conditionally approved said request based upon the following findings of
facts:
I, That the proposed development is consistent with the development regulations of
the R-3P-22 Zone.
The proposed development conforms with the development regulations of the R3P22
Zone to promote and encourage varying degrees of density and residential opportunities.
The project will provide adequate off-street parking with the construction of 4 two-car
garages. The (P) modifier designation allows for flexibility of development standards
such area and yard requirements, such as, setbacks and building height limitations,
2, The design features of the proposed development are consistent with, and are a cost
effective method of satisfying, the City of Chula Vista Design Manual and
Landscape Manual.
The project is consistent with the City Of Chula Vista Design Manual. The architecture
ofthe proposed project will be compatible with the character of the surrounding
neighborhood, The proposed project is in proportion to the scale of the surrounding area.
The proposed project will be harmonious in style, form, size, color and materials and will
mcet the standards of quality which has been set by the surrounding development.
Approval ofDRC-03-79 is conditioned upon the following:
1. Prior to the issuance of any pernlits required by the City ofChula Vista for the use of the
subject property in reliance upon this approval, the applicant shall satisfy the following
requirements:
7
DRC- 03-79
Page 2
^- The property owner and the applicant shall execute this document by making a true
copy of this Notice of Decision and signing both this original notice 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 prior to submittal for building permits to the Planning Department
shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in
abeyance without approvaL
Signature of property owner
216-220 Davidsonl26I Twin Oaks
Date
N/A
Signature of Authorized Representative
N/A
Date
Planning and Building Department Conditions:
B,) The colors and materials specified on the building plans for all four units must be
consistent with the colors and materials shown on the site plan approved by the Design
Review Committee on June 2, 2003,
C.) The wall facing Twin Oaks shall line up with the entrance of Unit 2, All wall heights are
subject to the provisions of CVMC 19.58,150 and no fence or wall shall exceed 6 feet in
height.
D,) Planning Commission and City Council must approve precise Plan, PCM-03-33,
E,) Provide a detailed Planting and Irrigation plan for review and approval by the Landscape
Planner.
F,) A Water Management Plan and a Fencing Plan shall be provided in conjunction with
Planting & Irrigation Plan.
0,) Lighting for the facility shown on the site plan shall be in conformance with Section
17,28,020 of the Municipal Code, A lighting plan shall be provided that includes details
showing that the proposed lighting shall be shielded to remove any glare from adjacent
properties,
H.) Comply with all requirements of the Building Division including the following:
I) Obtain all necessary permits.
y
DRC- 03-79
Page 3
2) Submit architectural plans for building permit review that are stamped and signed
by a licensed architect, Plans shall include a site plan and building elevations that
are consistent with this DRC approvaL
3) Structural plans and calculations must be stamped and signed by a California
Registered Civil/Structural Engineer,
4) Project shall comply with 2001 Energy Requirements
5) Project shall comply with 2001 CBC, CPC, CEC, and CMC
6) Openings are not permitted in walls less than 3 feet from assumed property lines
between buildings, Overhangs less than 3 feet from assumed property lines must
be heavy lumber construction or I hour rated.
I.) A graffiti resistant treatment shall be specified for all wall and building surfaces, This
shall be noted for any building and wall plans and shall be reviewed and approved by the
Director of Planning & Building prior to the issuance of building permits, Additionally,
thc project shall conform to Sections 9,20,055 and 9,20,035 of the CVMC regarding
graffiti controL
J,) All ground mounted utility appurtenances such as transformers, AC condensers, etc"
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping to the
satisfaction of the Director of Planning and Building,
J.) To determine water sufficiency for this project, a letter from the Chula Vista Fire
Department stating fire flow requirements must be submitted to Sweetwater Authority,
K,) The applicant shall pay all applicable school fees,
L.) The City of Chula Vista Recycling and Solid Waste Plan must be completed and
approved by the City's Special Operations Manager.
Engineering Department Conditions
M, )The applicant must comply with all conditions of the Engineering Department:
],) A Tenative Parcel Map and Final Parccl Map shall be required in order to create
the four dctachcd single family units (Condominium Map),
2,) The applicant shall pay all applicable development fees (i,e, sewer capacities fees,
traffic signal fees, and development impact fees,)
3.) Removal of existing driveways and replacement with sidewalk must be in
conformance with Chula Vista City Standards.
4.) Pack Acquisition and Development (PAD) fees will be required,
5,) Separate sewer lateral connections to the City Sewer System for each unit.
9
DRC- 03-79
Page 4
6,) Installation of curb, gutter and sidewalk on Twin Oaks A venue, Curb line shall
be 18 feet from centerline on Twin Oaks Avenue, Curb and sidewalk
improvements shall be transitioned to match existing improvements.
7,) Installation of one I OOW HPSV Street Light at the southeast corner of Davidson
Street and Twin Oaks Avenue.
8.) Improvcment plans prepared by a registered civil engineer shall be approved prior
to issuance of a construction permit.
Fire Department Conditions:
N,) Three story units will require 13D tire sprinkler systems installed, (Units #2 and #3)
0.) All units require smoke detectors in all bedrooms and hallways leading to bedrooms and
at top of stairs, All must be battery back up and interconnected,
P,) Sprinkler plans must be submitted and approved prior to issuance of building permits,
Q,) Final sprinkler and building inspection will be required prior to use or occupancy.
Police Department Conditions:
Plans for huilding permits shall note the following requirements of the Chula Vista Police
Department.
S.) If applicable, all management and employees are to complete training in the Crime Free
Multi-Housing Program.
T.) All living unit doors must be solid core doors with deadbolts, two-inch screws for
mounting deadbolt lock strike plates and peep holes with a minimum of 180 degree range
of view.
U,) Windows must meet AAMA Forced Entry Resistance Standards.
W,) Sliding glass doors must have Track or Channel Locks,
X,) All lighting must be break resistant/tamper proof fixtures,
y,) A security survey may be performed by the Crime Prevention Unit.
II. Prior to use or occupancy of the property in reliance on this approval, the following
requirements shall be met:
10
DRC- 03-79
Page 5
Landscaping:
A,) All landscaping and hardscapc improvements shall be installed in accordance with the
approvcd landscape plan and the comments of the City Landscape Planner.
Engineering:
B.) Construct the driveway approach per Chula Vista Construction Standard No, I,
C) The project must comply with all the applicable provisions of the Model SUSMP for the
San Diego Region to the satisfaction of the City Engineer. The project shall incorporate
into the project planning and design effective post-construction Best Management
Practices and provide all the necessary studies and reports demonstrating compliance
with Model SUSMP and thc rcquircments of the NPDES Municipal Permit, Order
No,200l-01. The applicant is required to complete the applicable Storm Water
Management Forms (provided to applicant May 9, 2003), The applicant shall implement
a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement
of any grading activities. A water quality study will be required to demonstrate
compliancc with the rcquirements of the National Pollutant Discharge Elimination
System (NPDES) Construction and Municipal Permits, including Standard Urban Storm
Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements,
Fire Department:
D.) Final sprinkler and building inspection will be required,
III. The following on-going conditions shall apply to the subject property as long as it relies
upon this approvaL
A,) The site shall be developed and maintained in accordance with the approved plans dated
June 2, 2003.
B.) The property must be kept sanitary and litter free as per Chula Vista Municipal Code
8,24,060,
C,) Fire sprinkler system must be maintained.
D,) All trees and shrubbery are to be maintained, Trees are to be cleared up at least six feet
and shrubbcry is to bc clcared to three feet talL
[,) The project must stay in compliance with the State mandate to reduce waste generated by
all residences and must comply with the Recycling and Solid Waste Plan filed with tbe
City ofChula Vista Manager of Special Operations office,
II
DRC- 03-79
Page 6
F,) Approval of this request shall not waive compliance with all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance,
G.) This Design Review 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
cxpected to eeonomicall y recover.
PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE
CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of June, 2003.
AYES:
NOES:
ABSTAIN,
ABSENT:
ATTEST:
John Schmitz, Zoning Administrator
Roscmarie Rice, Secretary
J:\Planning\Lynnette\administrativc rcvicw\NOD\DRC-03~ 79216 davidson NOD.doc
I~
RESOLUTION NO. PCM 03-33
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMEDING THAT THE CITY
OF CHULA VISTA CITY COUNCIL APPROVE A PRECISE
PLAN (pCM-03-33) ALLOWING THE DEVELOPMENT OF
FOUR CONDOMINIUMS LOCATED AT 216, 218, 220
DAVIDSON AND 261 TWIN OAKS AVENUE IN THE
APARTMENT RESIDENTIONAL, PRECISE PLAN (R3-P22)
ZONE.
WHEREAS, a duly verified application for a Precise Plan was filed with the City of
Chula Vista Planning Department on April I, 2003, by Harold D. West; and
WHEREAS, said applicant requests approval of a Precise Plan to allow for four detached
condominiums on one lot located in the Apartment Residential, Precise Plan (R3-P22) Zone; and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has determined that the proposed project qualifies for a
Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines and thus
no further environmental review is necessary; and
WHEREAS, the Design Review Committee approved the design of said project at a
meeting on June 2, 2003,
WHEREAS, the Planning Director set the time and place for a hearing on said Precise
Plan 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 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 place as advertised, namely June 25,
2003, at 6:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed: and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the Precise Plan application, the Planning Commission voted
_ to recommend approval of the Precise Plan (PCM-03-33),
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council adopt the attached Ordinance approving Precise
Plan (PCM-03-33) in accordance with the findings and subject to the conditions contained
therein,
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council and the applicant.
13
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA. CALIFORNIA, this 25th day of June 2003, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
J\Planning\Michael\PCC RepoJ1S\PCM~03-15
1,/
ORDINANCE NO,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING DEVELOPMENT
ST ANDARDS FOR PRECISE PLAN PCM-03-33 KNOWN AS
216, 218, 220 DAVIDSON AND 261 TWIN OAKS AVENUE
CONSISTING OF 4 DETACHED CONDOMINUMS EACH
WITH A TWO-CAR GARAGE ON AN EXISITNG 9,632
SQUARE FOOT LOT.
1. RECITALS
A Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consists of 4 detached condominiums, each with an attached two-car
garage on an existing 9,632 square foot lot located at 216, 218, 220 Davidson and 261 Twin
Oaks Avenue ("Project Site"); and
B Project; Application for Discretionary Approval
WHEREAS, on April 1, 2003, Harold D West ("Applicant") filed a Precise Plan application
with the Planning and Building Department of the City ofChula Vista for a 4 unit condominum
project ("Project"); and
C. Prior Discretionary Approvals
WHEREAS, the Design Review Committee meeting was scheduled and advertised for June 2,
2003, at 4'30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design
Review Committee found that the project conforms to the Design Guidelines ofChula Vista and
voted 5-0-0-0 to approve the site plan and architectural elevations for the project
WHEREAS, the Planning Commission held an advertised public hearing on the Project on June
25, 2003, and, after considering all reports, evidence and testimony presented, voted _ to
recommend that the City Council adopt the ordinance approving the Project, in accordance with
the Development regulations shown in Exhibit "B" based on the findings listed below; and,
D. Planning Commission Record on Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same; and,
WHEREAS, the Planning Department set the time and place for a hearing on said Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 ft, of the exterior
boundary of the project, at least ten (10) days prior to the hearing; and,
/~
Ordinance
Page 2
WHEREAS, The proceedings and all evidence introduced before the Planning Commission at
the public hearing on this project held on June 25, 2003, and the minutes and resolution resulting
there from, are hereby incorporated into the record of this proceedings; and,
E City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and
notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 ft. of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, at the same City Council meeting at which this Ordinance was introduced on July 8,
2003, the City Council of the City Of Chula Vista considered the ordinance which included the
standards for a Precise Plan for 216,218, and 220 Davidson and 261 Twin Oaks Avenue.
Jl, NOW, THEREFORE, the City Council of the City Chula Vista does hereby find,
determine and ordain as follows:
CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project qualifies
for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines.
Thus no further environmental review is necessary.
A PRECISE PLAN FINDINGS
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 project has been evaluated in accordance with the goals and objectives of the Chula
Vista Municipal Code and the General Plan. By providing quality single-family detached
homes the project will enhance the quality of the neighborhood and will promote public
convenience and the general welfare of the community
2 That such plan satisfies the principle for application of the P modifying district as set
forth in CYMC 19.56 041 (C).
The site is zoned R-3 with a Precise Plan modifier (R-3P22) and is subject to the
development standards of the R-3 zone, These deviations are warranted given the
constraints to the site and the intent to develop the site with a functional use to meet the
need for quality housing in Chula Vista.
/0
Ordinance
Page 3
3, That any exceptions granted which may deviate from the underlying zoning requirements
shall be warranted only when necessary to meet the purpose and application of the
Precise Plan.
Development of the lot using the development standards of the R-3 zone would limit the
potential to maximize the use of the site with four detached single-family residences that
would be more compatible with the neighborhood than attached units allowed by the R-3
zone. As a result, the project has been designed with reduced setbacks and heights that
exceed the maximum allowed by the zone. These deviations are warranted given the
constraints to the site and the intent to maximize the use of the property to provide
quality housing in the western portion ofChula Vista.
4. The approval of this plan will conform to the General Plan and the adopted policies of the
City Of Chula Vista,
The project has been evaluated in accordance with the goals and objectives of Chapter I
(1-8) of the General Plan Goal 3 which states that "It is the goal of the city to
accommodate a fully diversity of housing types, while maintaining an orientation to
detached single-family living" Further, Goal 3 states that it is an objective of the City
(Objective II) to "assure that new development meets or exceeds a standard of high
quality planning and design
B TERMS OF GRANT OF PRECISE PLAN
The City of Chula Vista hereby grants Precise Plan PCM-03-33 for project depiction in
Exhibit "A", and controlled by the Development Standards and Operational Standards in
Exhibit "B". and subject to the following conditions,
C INVALIDITY, AUTOMATIC REVOCATION
It IS the intention of the City Council that its adoption of this Ordinance is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and
the permit shall be deemed to be automatically revoked and of no further force and effect
ab initio.
111 APPROV AL OF PRECISE PLAN
The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including
property Development Regulations and Operational Regulations for 216, 218, 220 Davidson and
26 I Twin Oaks Avenue, as represented in Exhibit "B"
17
Ordinance
Page 4
IIlL EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
Robert A. Leiter
Planning and Building Director
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 8th day of July, 2003, by the following vote:
AYES
Councilmembers
NAYS
Council members.
ABSENT
Council members:
Steve Padilla, Mayor
ATTEST.
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. had its first reading at a regular meeting held on the 8th day of July 2003 and its
second reading and adoption at a regular meeting of said City Council held on the _ day of
2003.
Executed this _ day of _ 2003.
Susan Bigelow, City Clerk
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Exhibit "8"
DEVELOPMENT AND OPERATIONAL STANDARDS
A. Development Standards
This exhibit details the specific development standards and regulations for the
development of four condominiums located on Parcel Number 568-164-01-00, also
known as 216,218,220 Davidson and 261 Twin Oaks Avenue This Precise Plan is
intended to work in conjunction with the development standards in the City of Chula
Vista's Zoning Ordinance (Title 19), Any information not shown within the Precise
Plan should be referenced in the City of Chula Vista Municipal Code Chapter 19,28
Apartment Residential (R-3) zone,
Residential (R-3P22)
1. Allowed Uses
Allowed uses shall be those that are identified in the R-3 zone as permitted
uses, detached single-family units, accessory uses and buildings and
conditional uses except: electrical substations and gas regulators,
2, Development Standards
The following development standards shall apply to all land and buildings
within the R-3 zoning district. Dimensions and standards shown in Table I
are allowed. Where in conflict with the R-3 zone development standards, the
standards outlined in this Precise Plan take precedence; where a particular
item is not addressed in the Precise Plan, the R-3 zone development standards
shall be used, Where building setback, parking and open space requirements
are in conflict, the lot specific map (Exhibit "A") shall supercede the R-3 zone
requirements.
~
Exhibit B, Page 2
TABLE 1
Precise Plan
Development Standard for 216-220 Davidson
and 261 Twin Oaks Avenue
Setbacks from Property Lines
Front yard (minimum) to Garage Unit 1 -19 feet
Unit 2 -19 feet
Unit 3-20 feet
Unit 4-18 feet
Side yard (minimum) 5 feet interior
10 feet exterior
Rear yard (minimum) 3 feet 6 in.
Maximum height Unit 1 and 4 -
24 feet 6 in,
Unit 2 and 3 =
32 feet
Parking 2-car
garages/unit
Fencing/Walls (maximum) 6 feet
Notcs: Table I fih'llrCS are based on the information provided on thc approved Precisc Plan
B. Operational Standards
Any violations of the terms and conditions of these Standards shall be
grounds for revocation or modification of development permits.
2 This development permit shall become void and ineffective if not utilized
within one year from the effective date thereof, in accordance with Section
1914.260 of the Mumcipal Code. Failure to comply with any conditions
of approval shall cause this Ordinance to be reviewed by the City for
additional conditions or revocation.
3 Any deviation from the above noted conditions of approval shall require
approval from the City Council.
4 The Applicant shall and does hereby agree to indemnify, protect, defend
and hold harmless the City, Redevelopment Agency, Council members, its
officers, employees and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court
~
Exhibit B, Page 3
costs and attorney's fess (collectively, liabilities) incurred by the City
arising, directly or indirectly, from (a) City's approval of the Precise Plan,
(b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) Applicant's installation and operation of a
facility permitted hereby, including, without limitation, ant and all
liabilities arising trom the emission by the facility of electromagnetic
tields or other energy waves or emissions, Developer shall acknowledge
their agreement to this provision by executing a copy of this Precise Plan
where indicated below Developer compliance with this provision is an
express condition of this Precise Plan and this provision shall be binding
on any and all of applicant' s/operator's successors and assigns.
:;. The site shall be developed and maintained in accordance with the final
approved plans which will include revised site plans, architectural
elevations, exterior materials and color board, and landscape plans on file
in the Planning Division, the conditions contained herein, and the Chula
Vista General Plan,
6. Approval of this request shall not waive compliance with all sections of
Title 19 of the Municipal Code, and all other applicable City Ordinances
in etfect at the time of building permit issuance,
7 This Precise Plan 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 the Permittee of a
substantial revenue source which the Permittee cannot, in the normal
operation of the use permitted, be expected to economically recover,
8, The Applicant shall be responsible for the building and landscaping
maintenance in accordance with the approved project and landscape plans
unless the Redevelopment Agency approves modifications.
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PLANNING COMMISSION AGENDA STATEMENT
Item: .3
Meeting Date: 06/25/2003
ITEM TITLE:
Public Hearing: Conditional Use Permit PCC.03-80, proposal to allow a
dwelling group consisting of three single-family dwelling units in the
R-] -5P zone, at I] 98 Alpine Avenue.
The property owner proposes to build three 1,544 square foot single-family dwelling units on a
18,725 square foot lot. The lot contains an existing 957 square foot single. family dwelling, and
detached garage which will be demolished,
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 3(b), categorical exemption pursuant to Section 15303 the State CEQA guidelines.
No further environmental review is necessary,
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached Resolution PCC-03-S0 approving a conditional use permit allowing a dwelling group
in an R-I-5P zone hased on the attached draft Resolution and the findings and conditions
contained therein,
DISClJSSION:
J. Site Characteristics
The property is 18,725 square-feet in size, essentially flat and contains an existing 957 square-
foot single. family dwelling and detached garage, which will be removed, The uses adjacent to
the property include single-family dwellings in all directions,
2. General Plan, Zoning and Land Use
Site:
North:
South:
East:
West:
General Plan
Residential, Low-Medium
Rcsidential, Low-Medium
Residential, Low.Medium
Residential, Low.Medium
Residential, Low-Medium
Zoning
R-l.5P
R-I-5P
R-]-5P
R-l.5P
R.I-5P
Current Land Use
Single-family residential
Single-family residential
Single. family residential
Single-family residential
Single.family residential
3, Background
In 1999, the property owner submitted for and received approval of a Conditional Use Permit
(PCC-99-34) for a three unit dwelling group at this location, The approved project at the time
incorporated the expansion of the existing residence and the addition of two units, very similar
I
Page 2, Item:
Meeting Date: 06/25/03
in design to those III the current proposal. The permit was never utilized and has since
expired,
4, Proposal
The project is located at the northwest corner of Alpine Avenue and Oxford Street, The
property is currently developed with a 957 square foot single-family dwelling with a front yard
that is oriented toward Alpine A venue and takes vehicular access from Oxford Street. The
proposal is to remove the existing dwelJing unit and construct three new single-family detached
dweIJings, The dwelJings front yards will be oriented toward Oxford Street and they will take
vehicular access from Alpine Avenue by a drive along the rear of the units, Each unit includes
a detached two-car garage to meet the minimum parking requirements.
The lot size is adequate to meet the minimum 5,000 square foot lot size requirement for each
dwelling unit, The proposed location of the units meets the required setbacks and building
separation,
ANAL YSIS;
The dwclling 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 un any parcel of land in one ownership and having any yard or court in common", are
permitted in the R-l zone with a Conditional Use Permit and are subject to the provisions of
CVMC 19.58.130, The project, as proposed, is consistent with those provisions as follows:
A, The area of the lot devoted to each structure used tor dwelling purposes exceeds the
minimum lot size of the underlying zone.
B, Each dwelling will be connected to a gravity sewer per Condition No, 6.
C. All on-site utilities wilJ 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 width ofthc acccss road is cqual to thc rcquircd twcnty feet for the first two units and
fifteen feet for the last unit.
G, Guest parking spaces are only necessary in cases where dwellings are served by an access
roadway. These units can utiJize on-street parking for guests since the front yard is
oriented toward Oxford Street.
H. The Fire Marshal may rcquirc an on.site fire hydrant if necessary,
I. Thc property does not require grading.
J, The natural slope is less than 10 percent.
K, The units of the dwelling group will comply with the required yards, as listed in the table
bcJow,
L. The units of the dwelling group will comply with the minimum separation as listed in the
table below.
..2.
Page 3, Item:
Meeting Date: 06/25/03
DEVELOPMENT STANDARD
Height
Lot Coverage
Floor Area Ratio (FAR)
Setbacks:
Front (Oxford SO
Rear
Side
Corner Side (Alpine Av)
Distance Between units
Parking
ALLOWED/REQUIRED
28 feet (2,5 stories)
40%
45%
PROPOSED
23'-4"
24%
31%
IS feet
15 feet
5 feet
10 feet
10 feet
2-car garage
IS feet
15-20 feet
10,5 to dwelling,S to garage
17 feet
32-36 feet
2-car garage
M, All development pennitted under this provision shall be subject to the regulations and
requirements of Title 19 of the CYMC, per Condition No, 1.
N, Site plan and architectural review for the proposed dwelling group has been provided by
stafT and shall be approved by the Planning Commission as part of the Conditional Use
Permit.
O. The proposed single-family dwellings are permitted uses of the R.I-5P zone,
Pursuant to Section 19,24,040,A of the CVMC a dwelling group is an allowed use in a single-
family residential zone with a conditional use permit. The lot has sufficient size to accommodate
the proposed dwellings and provides for adequate separation between the dwellings. The
dwellings will be architecturally integrated in terms of design, building materials and colors and
will be compatible with thc existing single-family dwellings in the area.
The project is consistent with the General Plan and the CYMe. Approval of the project requires
compliance with the applicable codes and regulations, and all conditions must be satisfied prior
to the final building inspection or occupancy,
CONCLUSION:
Staff recommends approval of the application for a Conditional Use Permit to al10w the dwelling
group at 1198 Alpine A venue, in accordance with the findings and conditions of approval in the
attached Planning Commission Resolution PCC-03-S0,
6~~achments
1. Locator Map
2, Resolution PCC -03-80
3. Project Submittal
J"\Planning\DAWN\CaseFiles\pc reports&resos\pcc-03-80 1198 Alpine av dw grp,doc
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STRATFORD
ARMS
APARTMENTS
MULTIPLE
FAMILY
UNITS
----------
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLlCANT:VICTORlJUANITA ORELLANA CONDITIONAL USE PERMIT
PROJECT
ADDRESS: 1198 ALPINE AVENUE Request: Proposing dwelling group within the R15P
SCALE: FILE NUMBER: '-I- zone, Will be demolishing existing house.
NORTH No Scale PCC-03-80
C: Icherryl cllocatorsllocators031pcc0380 ,cdr 04.08,03
RESOLUTION NO. PCC 03-80
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
PCC-03-80, A DWELLING GROUP TO ALLOW THREE
SINGLE FAMILY DETACHED DWELLINGS AT 1198 ALPINE
AVENUE
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Division on March 19,2003 by Victor and Juanita Orellana; and
WHEREAS, said applicant requests a dwelling group as defined in Section 19.04,076 of
the CVMC to include three proposed 1,544 square foot second single-family dwellings
("Project"); and
WHEREAS, the Environmental Review Coordinator has determined that the project
qualifies for a Class 3(b), categorical exemption pursuant to Section 15303 the State California
Environmental Quality Act 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
publication 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, namely June
25, 2003, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning
Commission; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public 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 rules 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,
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 use is a dwelling group located in a single-family residential neighborhood in a
Single-Family Residence (R-I-5P) zoning district. The lot has sufficient size to
accommodate the proposed dwellings. The dwelling group is an allowed use, and is
compatible 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\DAWN\CaseFiles\pc reports&resos\pcc.03.aO 1198 alpine av dw grp reso.doc
5"
Page 2
the general well being of the neighborhood by providing street improvements and
development consistent with the standards for the neighborhood,
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.
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-S0 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 is in consistent with the General Plan and Zoning Ordinance land use
designations. The property is zoned R.I.5P, which allows dwelling groups with a
conditional use pennit. The project, as conditioned, is in compliance with the applicable
codes and regulations. All conditions shall be satisfied prior to final building inspection
or occupancy,
WHEREAS, the Planning Commission ofthe City of Chula Vista grants Conditional Use
Permit PCC.03.S0 subject to the following conditions, whereby the applicant and/or property
owners shall:
PLANNING & BUILDING DEPARTMENT CONDITIONS
I. Develop and maintain the project in accordance with Title 19 of the CVMC and the
project plans dated February 26, 2003, including a site plan, floor plan, and exterior
elevations.
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
five inches of portland concrete cement.
4. All on-site utilities shall be placed underground,
V;
Page 3
ENGINEERING DIVISION CONDITIONS
5, The applicant shall pay the appropriate sewer connection and capacity fees, development
impact fees, and traffic signal fees for the project.
6, The applicant shall install a separate sewer lateral for the new dwelling prior to the
issuance of a building permit.
7. If required, provide grading plans to the Engineering Department for review and approval
and obtain a grading permit as part of the building permit process.
8. 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.
9, 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,
10. 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,
I I, 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,
CHULA VISTA ELEMENTARY SCHOOL DISTRICT CONDITIONS
12, The applicant shall pay all appropriate school fees,
STANDARD CONDITIONS
13. 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.
14. This penuit 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
7
Page 4
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.
15. 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.
16, Any deviation from the above noted conditions of approval shall require the approval of a
modified conditional use permit.
17, 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 contemplated herein, and
(c) Applicant's installation and operation of the facility permitted hereby, including,
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. Applicant/operator shall
acknowledge 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 of this Conditional Use Permit and this provision shall
be binding on any and all of applicant's/operator's successors and assigns
EXECUTION AND RECORDATION OF RESOLUTION OF APPRO V AL
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 he 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 approval.
Signature of Property Owner
Date
Signature of Applicant
Date
~
Page 5
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-03-80 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 25th day of June, 2003, by the following vote, to.wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
.
9'
PLANNING COMMISSION AGENDA STATEMENT
Item: !1:.
Meeting Date: 6/25/03
Public Hearing: Precise Plan (PCM-03-08) including a Density Bonus to
allow for 14.unit condominium project in the R2P zone at 815 Ada Street.
The applicant proposes a condominium project with certain deviations from the R.2 development
standards, and an increase from 12 to 14 dwellings units utilizing the provisions for a Precise
Plan as outlined in the Zoning Code Sections 19,14.570 -580. The Montgomery Specific Plan
provides that a net density bonus of 25 percent may be given to development projects
"characterized by outstanding planning or urban design," if approved by the Planning
Commission and City CounciL
ITEM TITLE:
Pursuant to compliance with the California Environmental Quality Act (CEQA), the
Environmental Division has reviewed the proposal and found that the project is a Class 32
exemption for infill developments (Section 15332),
BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee
approved the design of the project with conditions at their April 21, 2003 meeting, without
finding the project "characterized by outstanding planning or urban design" (Attachment No, 6).
RECOMMENDATION: That the Planning Commission approve the attached Resolution
PCM-03.08 that recommends the City Council approve the Precise Plan, subject to the
conditions and findings contained in the attached draft City Council Precise Plan Ordinance and
grants Density Bonus pursuant to Montgomery Specific Plan,
DISCUSSION:
1. Site Characteristics
The project site is a vacant lot located in an older residential area described as "Harborside 'B'"
in the Montgomery Specific Plan, The 1-5 freeway to the west and the Industrial
Boulevard/MTDB Trolley R-O-W to the east geographically define the neighborhood. A natural
drainage course defines the rear property lines of the block defined by Ada Street, Frontage
Road, Dorothy Street, and IndustriaL
2. General Plan, Zoning and Land Use
Although the General Plan and Montgomery Specific Plan designate this area as single. family
residential, there are pre.existing and new two-family and multi.family developments already
located within the area. In addition, the redevelopment agency has located other higher density
affordable housing in this area utilizing the density bonus provisions provided for by State
Government Code.
The project is located within a quarter mile radius of the Palomar MTDB Trolley Station, and as
a result falls within a transit-oriented development (TOD) study area targeted by state legislation
for smart growth, The General Plan Update is examining this area to determine whether higher
density developments should be encouraged within this neighborhood. Existing land uses are:
I
Page 2, Item:
Meeting Date: 6/25/03
General Plan & Montgomerv Specific Plan
Land Use Designations & Densitv:
North: Residential Low Medium:
(3 - 6 dwelling units/acre)
South: Residential Low Medium:
(3 6 dwelling units/acre)
East: Residential Low Medium:
(3 - 6 dwelling units/acre)
West: Residential Low Medium:
(3 6 dwelling units/acre)
Zoning:
Existing Land Use:
R-2-P
Single Family Home
R-2-P
Dwelling Group
(Two Homes)
Dwelling Group
(Two Homes)
Single Family Home
R-2-P
R-2-P
3, Proposal
The applicant proposes to construct a 14-unit town home project, consisting of 7 duplex
buildings. Each building would incorporate two-story "Unit A" and "Unit B" floor plans. "Unit
A" would measure 1,560-sq. ft. with a 420-sq, ft. two-car garage, and "Unit B" would measure
I ,352-sq. ft, with a 436-sq, ft, two-car garage Each unit will have three bedrooms and three
baths with a vaulted ceiling living room creating a loft effect within the stairwells to the second
floor hallways leading to the bedrooms. Each duplex building is 24 feet in height, and will be
enclosed by private fenced-in rear yard areas with patios.
A 24- ft. wide access driveway through the center of the property will serve the complex,
including sidewalk on both sides for both vehicular and pedestrian paths to the garage and
condominium entrances. Recreation areas are located on both sides of the driveway, including
playgrounds and BBQ picnic areas behind guest parking spaces and the trash enclosure.
BACKGROUND:
This appJication for a 14-townhome project is located at 815 Ada Street and is aJso known as the
"Ada II Villas." It was submitted in August 2002 as a follow-up to the "Ada I Villas" 12-
townhome project that was approved by the Design Review Committee, Planning Commission,
and City Council in June, July, and August 2002 respectiveJy,
The R2P zoning for the property allows for the Precise Plan (Two-FamiJy ResidentiaJ within a
Precise Plan overlay-modifying district). Therefore, the Precise Plan proposed for this property
is to allow or require the following:
(1) An increase in density above what the zoning would allow per the Montgomery Specific
Plan, which in this case would allow for 14 instead of 12 town home dwelling units;
(2) Deviations to the underlying zoning with regards to required overall floor-area-ratio, yard
setbacks, private usabJe open space, two-car garage dimensions, and guest parking spaces
(a decrease from 14 to 8 spaces),
Ada II is located a few properties to the west of Ada I (777 Ada Street) and will rely on the same
findings that were made in granting a 25 percent density increase to the first project. Ada I was
;L
Page 3, Item:
Meeting Date: 6/25/03
allowed an increase from 10 to 12 town home units based on the project being "characterized by
outstanding planning or urban design" per the provision found in the Montgomery Specific Plan,
For Ada II, the request is to allow for an increase from 12 to 14 town home units.
The initial proposal included a retaining wall along the southerly edge of the property. After
further review of the original submittal by the Environmental and Engineering Divisions, it was
determined based on the technical studies received that the retaining wall shown on the first site
plan was located within a 100-year limit inundation area, To avoid additional environmental and
engineering studies a revised plan was submitted in November 2002,
In December 2002 a hydrology/drainage study was provided to the City showing that the impact
of the project on the existing drainage course at the rear of the property would be less than
significant, and as a result, the Environmental Division was able to exempt the project from
further review under CEQA in January 2003, clearing the way for the attached plans for
discretionary review to be deemed complete in February 2003.
Of note, the Design Review Committee did not make the finding of "outstanding planning or
urban design" for Ada II when it was approved in April 2003, Essentially, they approved of the
overal1 concept for the project but did not make the finding because of the reduced size of the
common open spaces and the reduced number of guest parking spaces (the minutes of their April
21 and June 2 2003 public hearings are attached).
The reductions in common open space and guest parking are directly attributable to the reduction
in developable land due to the 100-year limit inundation area as discussed above. Thus, the City
Council will need to make the finding of "outstanding planning or urban design" for Ada II
without the endorsement of the Design Review Committee, In addition, the applicant decided to
delay review of Ada II until Ada III was able to go forward to the Planning Commission and City
Council so the two projects could be processed at the same time.
ANALYSIS:
The Precise Plan provisions as found in Section 19.56.040 of the Zoning Ordinance indicate that
the purpose of the P precise plan modifying district is to allow diversification in the spatial
relationship of land uses, density, buildings, structures, landscaping and open spaces, as wel1 as
design review of architecture and signs through the adoption of specific conditions of approval
for development of property in the city.
Further, Section 19.56.045 of the Zoning Ordinance indicates that Precise Plan modifying
districts may not increase densities above the maximum range within the underlying zone,
However, since there was no density established as expressed in a number following the P
designator for the zoning of this property (R2P), the Montgomery Specific Plan (MSP) provision
as noted above can be applied on a case by case basis for individual projects within the
Montgomery Specific Plan area,
The Zoning Code requires compliance with specific criteria and findings as provided for Precise
Plans, which must also be reviewed and approved by the Planning Commission and City
.3
Page 4, Item:
Meeting Date: 6/25/03
Council. In this case, the Precise Plan process could allow the applicant to develop the proposed
project with 14 instead of 12 dwelling units, for a net density increase of25 percent as provided
for in the Montgomery Specific Plan.
Zoning:
With regard to the Montgomery Specific Plan provIsIOn for a net density bonus in areas
designated low medium residential (3 6 dwelling units per acre), the increase from 12 dwelling
units to 14 dwellings units will require deviations from the typical R2P zoning requirements in
order for the site plan layout to accommodate the additional number of units on the amount of
land area that is available,
The result is a two-family or R-2 development that appears more as a multi-family development.
However, the private and common usable yard areas are designed to a higher standard than many
other multi-family developments such as converted apartments located in R-3 Zones; therefore
these units will function more like town homes, Overall, the project would provide more usable
open space areas than most multi-family units.
The following two tables show the typical development standards of the R-2 (Two-Family)
Residential Zone in relation to the proposed Precise Plan development standards:
Typical R2P Zoning Development Standards:
STANDARDS: REQUIRED:
Front yard setback: 15-ft.
Side yard setback: 5/1O-ft,
Rear yard setback: 15/20- ft.
Building Height: 28 feet
Two-Car Garage Parking: 28 spaces
Guest Parking: 14 spaces
Lot Coverage: 50 percent
Floor Area Ratio: 55 percent
Proposed Precise Plan Development Standards:
Development Standard for Townhomes:
Lot Criteria
Lot area per unit (minimum): 3,000-sq. ft.
Lot coverage (maximum): 50 percent
Lot depth (minimum): 54-ft,
Lot width (minimum): 32-ft,
Floor Area Ratio (maximum): 60 percent
Unit A (7-units, includes garage): 1,980-sq, ft,
Unit B (7-units, includes garage): 1.788-sq, ft,
Setbacks from drives and perimeter lot lines
f
Page 5, Item:
Meeting Date: 6/25/03
Front yard (minimum): 4-ft.
Exterior side yard (minimum): 4-ft,
Interior side yard (minimum): O-ft,
Rear yard (minimum): 8-ft.
Parking 2-car garages
Units A (7-units): 420-sq. ft.
Interior dimensions: 20'-6" x 19'-10"
Minimum garage door opening: 16-ft,
Minimum depth and width
For one oftwo parallel vehicles: 17-ft, x 8-ft.
Unit B (7-units): 436-sq, ft.
Interior dimensions: 21 '-0" x 20'-0"
Minimum garage door opening: 8'-4" & 8'-4"
Minimum depth and width
For one of two parallel vehicles: 17-ft. x 8-ft.
Guest Parking (compact): 8 spaces
Minimum dimensions: 7-ft, x 15-ft,
Driveways: 20-ft.
Open space 28,645-sq. ft.
Private Usable (minimum): 385-sq. ft.
Per unit
Common Usable (two areas): 2,015-sq, ft.
Fencing 6-ft.
Perimeter: Stucco wall
Interior: Wood fence
Building Height 26-ft.
No accessory structures are Patio covers must
permitted on lots with rear yards be less than
less than lO-ft, in depth: 300-sq, ft.
Site Plan:
The site plan shows seven duplex buildings, three east ofthe access road, and four to the west of
the access road, Identical recreation areas are shown on both sides, between units 10 and 11 to
the east and between units 2 and 3 on the west side. The west area includes a trash enclosure,
The landscape plan only shows lawn and picniclbarbecue equipment in each open space area, but
as a condition of approval a children's "tot-lot" with play equipment will be required to be
located in the eastern open space area, where there are potential conflicts with a trash enclosure.
Staff believes the findings can be made in support of the deviations to the /Tont, rear, and side
setbacks, the reduction to the size of the private open space areas, and the maximum floor-area-
ratio for the overall site.
The central spine driveway will provide vehicular access to two-car garages for each duplex unit
in conformance with R-2 parking requirements, Pedestrian access will be provided along the
edges of the driveway with stamped concrete. There is no fire hammerhead turnaround since all
buildings will possess fire sprinkler systems in conformance with Fire Department requirements.
A masonry retaining wall rising up to a maximum 5-ft. will be constructed along the east and
--
.:>
Page 6, Item:
Meeting Date: 6/25/03
west property lines in order to minimize fill slopes to the east and west. As seen on the site
longitudinal sections, the building pads will be stepped down from the grade of the street down
to the drainage channel. In addition, a S-ft, rear retaining wall will be installed at the lOO-year
inundation line as shown in the rear wall elevation. A 6-ft. wood fence will be constructed on
top of the retaining walls along the east and west property lines and in-between duplex buildings,
to create private rear yard areas, The applicant will be required to remove and replace the two
existing driveway aprons and install a new central driveway apron along the Ada Street frontage
of the site pursuant to the requirements of the Engineering Department to process a Tentative
Subdivision Map for 14 condominiums,
Parking:
Two-car garages with a minimum depth of 17-ft, for one space are proposed in lieu of the typical
20-ft. x 20-ft. dimension for a two-car garage to accommodate angled privacy entries and living
room areas, Guest parking will be provided by 8 on-site compact (7-1I2-ft. x IS-ft.) spaces. A
minimum of 6 off-site guest parking spaces would be available on the street in front of the
complex. Staff believes the findings can be made in support of the deviations to the garage
dimensions and compact guest parking for the overall site,
Landscaping:
The existing drainage channel directly impacts and significantly reduces the usable lot area
where more usable common open space could have been provided for children and families, The
original site plans showed greater usable common open space area that was subsequently
reduced because of the need to protect and prevent any encroachment into the drainage channel.
However, the landscape treatment of the area adjacent to the drainage channel will provide a
passive open space amenity that should be considered beneficial to the complex.
The proposed landscape plan has been reviewed by the City Landscape Planner and found to be
substantially consistent with the City's Landscape Guidelines. The proposed landscape plan calls
for the placement of accent trees and turf along the driveway entrance and along the elevation
facing Ada Street elevation of the site, Trees and other significant landscaping will be placed
throughout the site and around the guest parking.
Architecture:
The duplex buildings incorporate two different floor plans. Each unit is designed to incorporate
features found in some of the better designed single-family homes currently being built, such as
angled privacy entries, open loft areas, raised ceilings, kitchens with bay windows, large
bedrooms with bathrooms and walk-in closets, a bedroom/study or den option, laundry rooms,
and ample storage space within the units adjacent to the two-car garages,
The exterior architecture is exceptional and shows two different fTont, side and rear elevations
for each building. Each elevation shows variations in the horizontal and vertical planes, utilizing
varying rooflines and fenestrations, such as covered porch entries and articulated windows,
Exterior materials would consist of beige and tan colored stucco (Dolce, Carida, Renaissance,
Romanesque) with red barrel Spanish tile roofing (Deleo flash). Accent trim wood fascia will be
tan or brown (Cinnamon Stick, Brown Rice). The Design Review Committee found that the
building designs provided exceptional architecture,
(p
Page 7, Item:
Meeting Date: 6/25/03
CONCLUSION:
The Design Review Committee could not make the finding of "outstanding planning or urban
design" because the two common open space areas and the number of guest parking spaces were
reduced as a result of the IOO-year inundation line over a large part of the southerly portion of
the property prevented full utilization of the property, However. as mentioned above, the
landscape treatment of the area adjacent to the drainage channel will provide a passive open
space amenity that should be considered beneficial to the complex. Therefore, staff believes that
the finding of "outstanding planning and urban design" can be made, This project will be a
catalyst for future redevelopment of this area, and the density bonus will allow for more
affordable housing relative to the current housing market. In addition, Ada II is consistent with
Ada I and Ada III in terms of building design, Therefore, staff believes that the project meets the
minimum Precise Plan requirements and recommends approvaL
ATTACHMENTS
L Locator Map
2. Landscape/Floor Plans/Elevations/Site Sections/Rear Floodplain Elevation
3, Planning Commission Resolution PCM-03-08
4. Draft City Council Precise Plan Ordinance with Findings
Exhibit A: Tentative Parcel Map (l4-unit Condominium Subdivision)
Exhibit B: Precise Plan Development and Operational Standards
5, Minutes of Design Review Committee April21 and June 2 2003 public hearings
6. Notice of Decision PCM-03-08 with Conditions of Approval
7, Application Documents with Disclosure Statement
J :\PLANNINGIHAROLDlPCM-03-08PCREPORT.DOC
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LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: JORGE SANCHEZ MISCELLANEOUS
PROJECT
ADDRESS: 815 Ada Street Request: Proposal for the construction of 14-unit
SCALE: FILE NUMBER: <?' townhomes,enclosed garages and playground area.
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RESOLUTION NO. PCM 03.08
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION,
RECOMMENDING THAT THE CITY COUNCIL GRANT PRECISE PLAN
PCM-03.08, INCLUDING A DENSITY BONUS TO ALLOW FOR A 14.UNIT
CONDOMINIUM DEVELOPMENT IN THE R2P ZONE LOCATED AT 815
ADA STREET.
WHEREAS, a duly verified application for a Precise Plan zoning permit was filed with
the City of Chula Vista Planning Department on August 23, 2002 by Jorge Sanchez and Daniel
Contreras for Jim Truesdale Developments, Applicant; and
WHEREAS, said applicant requests permission to develop a 14 town house
condominium development, consisting of7-duplex buildings located at 774 Ada Street; and
WHEREAS, the Environmental Review Coordinator determined that the project was
exempt from the California Environmental Quality Act as a Class 32 exemption for infill
developments on January 8, 2003; and
WHEREAS, the Planning Director set the time and place for a hearing on said Precise
Plan zoning permit 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
and residents within 500.ft, 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 advertised, June 25, 2003, at 6:00
p,m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to subject application,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council approve Precise Plan PCM-03.08 in accordance
with the findings and development standards of the draft Precise Plan Ordinance and subject to
the conditions contained in the Design Review Committee's Notice of Decision.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 25th day of June, 2003, by the following vote, to.wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
Ie;-
ORDINANCE NO,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING PCM.03-08 TO ESTABLISH
DEVELOPMENT STANDARDS AND APPROVING A 25
PERCENT DENSITY BONUS TO ALLOW FOR A l4-UNIT
CONDOMINIUM PROJECT IN THE R2P ZONE FOR
PROPERTY LOCATED AT 815 ADA STREET
L REClT ALS
A, Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consist of 14 town homes in seven duplex buildings, and located at
8] 5 Ada Street ("Project Site"); and
B, Project; Application for Discretionary Approval
WHEREAS, on August 23, 2002, Jorge Sanchez and Daniel Contreras for Jim Truesdale
Developments ("Developers") filed a Precise Plan application with the Planning and Building
Department of the City of Chula Vista for a town home condominium project in the Residential
Two Family zoning district {"Project"); and
C. Prior Discretionary Approvals
WHEREAS, the Design Review Committee meeting was scheduled and advertised for April2J,
2003, at 4:30 p,m, in the Council Chambers, 276 Fourth Avenue at which time the Design
Review Committee voted 4.0.0.1 recommending that the City Council approve the Precise Plan
project based on the findings and subject to the conditions listed below, in accordance with the
Notice of Decision (PCM-03-08); and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on June
25,2003, and, after considering all reports, evidence and testimony presented, voted X.X-X-X to
recommend that the City Council adopt the ordinance approving the Project, in accordance with
the Development regulations shown in Exhibit "B" based on the findings listed below; and in
accordance with the Planning Commission Resolution (PCM-03.08); and
D, Planning Commission Record on Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same, and,
WHEREAS, the Planning Department set the time and place for a hearing on said Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
I~
Ordi nance
Page 2
general circulation in the City, and its mailing to property owners within 500 ft. of the exterior
boundary of the project, at least ten (10) days prior to the hearing; and,
WHEREAS, The proceedings and all evidence introduced before the Planning Commission at
the public hearing on this project held on June 25, 2003, and the minutes and resolution resulting
there from, are hereby incorporated into the record of this proceedings; and,
E. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and
notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 ft. of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
F Discretionary Approvals and Ordinance
WHEREAS, at the same City Council meeting at which this Ordinance was introduced on July
29, 2003, the City Council of the City Of Chula Vista considered Ordinance for a Precise Plan
for a 14 town home condominium project known as Ada II.
II. NOW, THEREFORE, the City Council of the City Chula Vista does hereby find,
determine and ordain as follows'
A Certification of Compliance With CEQA
The Environmental Review Coordinator determined that the Project was exempt from the
California Environmental Quality Act (CEQA) as a Class 32 exemption for infill developments
on January 8, 2003. The Planning Commission adopted Resolution PCM-03-08 including the
exemption from CEQA on June 25, 2003 recommending that the City Council approve the
Project.
B Independent Judgment of City Council
The City Council does hereby find that the environmental determination of the Environmental
Review Coordinator and the Planning Commission was reached in accordance with requirements
of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental
Review Procedures ofthe City of Chula Vista.
C. Precise Plan Findings
I. 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 issuance of a precise plan will not 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
n
Ordinance
Page 3
vicinity because the development of this 14-unit condominium project is characterized by
outstanding planning or urban design that will significantly improve the adjacent
neighborhood, surrounding community and general vicinity.
The site plan layout provides for guest parking and common open space areas. The
architecture of the individual buildings is exceptional and the individual units incorporate
features found in well designed single-family homes, such as porch entries, open loft areas,
raised ceilings, kitchens with bay windows, large bedrooms and bathrooms, walk-in closets, a
study or den, laundry rooms, and ample storage space within the units adjacent to the two-car
garages.
2. That such plan satisfies the principle for application of the P modifying district as set
forth in CYMC 19.56.041:
Based upon the facts presented, Section 19.56.041 (C) would apply to this project because the
basic or underlying zone regulations do not allow the property owner and/or the city
appropriate control or flexibility needed to achieve an efficient use of the property and proper
relationship of the project to the uses allowed in the adjacent zones.
By strict interpretation, only six single-family dwelling units could be allowed on this
property according to the General Plan and Specific Plan land use designations of Residential
Low Medium (3 6 dwelling units per acre).
However, the adopted policy of the City Council for this area was that the R2P zoning
overlay would be consistent with the General Plan and Specific Plan, and therefore the
Zoning ofR2P would allow for up to six duplex buildings for a total of 12 units utilizing the
P (Precise Plan) modifying district overlay zone.
In addition, the Montgomery Specific Plan allows for an additional 25 percent density bonus
for projects located within single-family designated areas if characterized by "outstanding
planning or urban design."
Therefore, in order to provide a 14-unit condominium project, flexible development standards
(such as the reduced front, side, and rear yard setbacks, reduced common and private open
space areas, reduced two-car garage dimensions, a reduced number of guest parking spaces,
and an increase in floor-area-ratio) need to be applied to the project in order to achieve an
efficient use of the property and a proper relationship of the project to the uses allowed in the
adjacent zones.
3. That any exceptions granted which may deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose and
application of the Precise Plan:
/f
Ordinance
Page 4
Exceptions to be granted which would deviate from the underlying zoning requirements are
the building setbacks, common and private open space areas, the allowable floor-area-ratio,
the two-car garage dimensions, and the number of guest parking spaces.
These deviations are appropriate because the proposed site plan and the design of the seven
two-story duplex buildings exterior architecture are exceptional and the individual units
incorporate features found in well-designed single-family homes.
The Design Review Committee approved the architecture, and the City Council and/or the
Planning Commission finds that outstanding planning and urban design characterize the
project as proposed.
4. The approval of this plan will conform to the General Plan and the adopted policies of
the City Of Chula Vista:
Approval of the Precise Plan will be in substantial conformance with the General Plan Land
Use Designation of Low Medium Residential (3 - 6 dwelling units per acre) in that the same
land use designation was provided for on the Montgomery Specific Plan Land Use Map, and
the adopted policy of the City Council for this area was that the R2P zoning overlay would be
consistent with the General Plan and Specific Plan.
5. The approval of this plan will conform to the applicable sections of the Montgomery
Specific Plan
The 25 percent net density bonus as allowed by the Montgomery Specific Plan will add 2
units where only 12 units would normally be permitted, thereby providing more affordable
housing relative to the current housing market. The development will include two-car
garages for each unit, private yards and patios, sufficient guest parking and common open
space recreation areas, and may also be a catalyst for the potential redevelopment of this area
in the future. The City Council concurs with the finding of the Director of Planning and
Building that the project reflects outstanding planmng and urban design and therefore is
entitled to a density bonus per the provision set forth in Montgomery Specific Plan.
D. Terms of Grant of Precise Plan
The City Council hereby grants Precise Plan PCM-03-08 for project depiction in Exhibit "A,"
and controlled by the Development and Operational Standards in Exhibit "B" and subject to the
conditions of approval found in the Design Review Committee Notice of Decision, which are
incorporated herein by reference
E. Execution and Recordation of Resolution of Approval
The Developer shall execute this document by signing the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to the
conditions contained herein. Upon execution, this document shall be recorded with the County
Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant,
/9
Ordinance
Page 5
and a signed, stamped copy returned to the City Clerk and Planning Department. Failure to
return a signed and stamped copy of this recorded document within ten days of recordation to the
City Clerk shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk' Office and known as
Document No
Signature of Property Owner of 815 Ada Street
Date
Signature of Authorized Representative
Date
m INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon the
enforceability of each and every term, provision and condition herein stated, and that in the event
that anyone or more terms, provisions or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed
to be automatically revoked and of no further force and effect ab initio.
IV APPROV AL OF PRECISE PLAN
The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including
the property Development and Operational Standards for Ada II Town homes, as represented in
Exhibit "B," which is incorporated herein by reference.
V. EFFECTIVE DATE
This ordinance shall take effect and be In full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
Robert A Leiter
Planning and Building Director
Ann Moore
City Attorney
olb
Ordinance
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this the 29th day of July, 2003, by the following vote:
AYES
Councilmembers:
NAYS
Councilmembers:
ABSENT
Council members:
Steve Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. had its first reading at a regular meeting held on the 29th day of July 2003
and its second reading and adoption at a regular meeting of said City Council held on the _
day of 2003
Executed this
day of
2003
Susan Bigelow, City Clerk
J :\PI,ANNING\HAROLD\RE'OLI!TION,\PCM-03-08CCORD.DOC
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Exhibit "B"
DEVELOPMENT AND OPERATIONAL STANDARDS
A. Development Standards
These development standards and regulations shall apply to the development of 14
condominilUU units within seven duplex buildings known as the Ada II townhomes. This
Precise Plan is intended to work in conjunction with the development standards in the City of
Chula Vista's Zoning Ordinance (Title 19).
Any infonnation not shown within the Precise Plan should be referenced in the City ofChula
Vista Municipal Code Chapter 19.26 Residential Two-Family (R2P) zone,
Residential
L Allowed Uses
Allowed uses shall be those that are identified in the R2P zone as permitted uses or
accessory uses,
2, Development Standards
The following development standards shall apply to all land and buildings within the
R2P zoning district. Dimensions and standards shown in Table 1 are allowed. Where
in conflict with the R2P zone development standards, the standards outlined in this
Precise Plan take precedence; where a particular item is not addressed in the Precise
Plan, the R2P zone development standards shall be used.
TABLE!
Precise Plan
Development Standard for Townhomes
Lot Criteria
Lot area per unit (minimum): 3,000-sq. ft,
Lot coverage (maximum): 50 percent
Lot depth (minimlUU): 54- ft,
Lot width (minimum): 32.ft,
Floor Area Ratio (maximum): 60 percent
Unit A (4-units, includes garage): 1,980-sq, ft,
Unit B (8-units, includes garage): 1,788-sq, ft.
<::.l3
Setbacks from drives and oerimeter lot lines
Front yard (minimum): 4-ft,
Exterior side yard (minimum): 4-ft.
Interior side yard (minimum): O-ft,
Rear yard (minimum): 8-ft,
Parkinj! 2-car garages
Units A (7-units): 420.sq, ft,
Interior dimensions: 20'-6" x 19'-10"
Minimum garage door opening: 16-ft,
Minimum depth and width
For one of two parallel vehicles: 17-ft. x 8-ft,
Unit B (7-units): 436-sq, ft,
Interior dimensions: 21 '-0" x 20'-0"
Minimum garage door opening: 8'-4" & 8'-4"
Minimum depth and width
For one of two parallel vehicles: 17-ft, x 8-ft,
Guest Parking (compact): 8 spaces
Minimum dimensions: 7-ft, x 15-ft.
Driveways: 20-ft,
Open space 28,645-sq, ft.
Private Usable (minimum): 385-sq. ft,
Per unit
Common Usable (two areas): 2,015-sq, ft,
Fencinj! 6-ft,
Perimeter: Stucco wall
Interior: Wood fence
BuiIdinl!: Heij!ht 26-ft,
No accessory structures are Patio covers
permitted on lots with rear yards must be less than
less than 8-ft, in depth: 300-sq. ft.
Notes: Table I figures are based on the information on the Precise Plan
B. Operational Standards
L Approval of this request shall not waive compliance with all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance,
2, Buildings and Landscaping shall be maintained according to the approved plans unless
modifications are approved by the City of Chula Vista,
<:>2Y
3, The driveway within the complex shall be designated and maintained as a private
roadway,
4, All onsite dTainage facilities shall be considered private.
5, Improvements will not be pennitted within sight visibility area at the entrance per City
requirements,
6. This Precise Plan pennit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this pennit to advance a legitimate governmental
interest related to health, safety or welfare which the City shall impose after advance
written notice to the Pennittee and after the City has given to the Pennittee 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 Pennit tee of a substantial revenue
source which the Pennittee cannot, in the nonnal operation of the use pennitted, be
expected to economically recover.
7, Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
hannless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorneys' fees (collectively, "liabilities") incurred by the City
arising, directly or indirectly, from (a) City's approval and issuance of this conditional
use pennit, (b) City's approval or issuance of any other pennit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein,
Applicant/operator shall acknowledge their agreement to this provision by executing a
copy of this conditional use pennit where indicated, below, Applicant's/operator's
compliance with this provision is an express condition of this conditional use pennit and
this provision shall be binding on any and all of Applicant's/operator's successors and
assIgns,
J :IPLANNING\HAROLD\RESOLIITIONSIPCM-03-08ExHIBITB.DOC
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Design Review Committee
Minutes
-2
DR At' /J7T4CH.kf.&vVI S
April 21. 2003
E. PUBLIC HEARING:
1.
PCM-03-08
815 Ada Street
Chula Vista, CA
Precise Plan for a 14-unit town house condominium in 7 duplex
buildinqs. Each unit will possess 3-bedrooms and 3 bathrooms,
with a two car qaraqe,
Staff Presentation:
Mr. Harold Phelps, Associate Planner reported that the applicant is proposing a 14-unit
town home seven building project known as Ada II Villas, The project was submitted in
August of 2002 as a follow up to Ada I Villas, which was approved in June of 2002 by the
Design Review Committee for a 12 town home project which is just to the east of this
property
Mr. Phelps stated that the project site is located in an older residential area described as
Harborside or Fairfield, which was bisected by the 1-5 freeway in the early 1950's, There
are a variety of industrial users that can be seen from the west of the freeway but there is
still a predominance of single-family homes, as well as a Mobilehome Park in the general
areas.
Mr. Phelps reported that a natural drainage course defines the rear property lines of the
properties in this area located within this neighborhood and there are actually structures,
which were built within the flood plane,
Staff stated that the proposal is to construct the 14 town homes incorporating two different
floor plans within each building. Each unit would either be 1,352 or 1,560 square feet with
two car garages over 400 square feet. Each unit will have 3-bedrooms and 3-baths with
vaulted ceiling living rooms creating a loft effect within the stairwells to the second floor
hallways leading to the bedrooms. The elevations show variety in horizontal and vertical
planes utilizing arched entries and varying rooflines and fenestrations, The exterior
materials would consist of sandstone stucco with red tile roofing. Accent trim will include
variations of beige and tan colors as shown on the material boards,
Staff stated that a 24-foot driveway would serve the complex with sidewalks on both sides.
Open spaced recreation areas are located on both sides adjacent to guest parking and a
trash enclosure. A child's tot lot with play equipment will be required in the open space
area that does not pose conflict with the trash enclosure. Each unit will also possess
private yard areas and patios to the rear of the buildings. Mr. Phelps indicated that guest
parking is required for units served by driveways where there is no street frontage, The
original site plan submitted last year showed 14 compact guest spaces, but the current site
plan shows only 8 guest spaces due to revisions needed to keep the buildable areas away
from the 1 OO-year flood plane, As a result, the larger common open space area shown on
the original site plan was reduced to leave the southern portion of the property open.
STAFF RECOMMENDATION:
Staff recommends that if the Design Review Committee determines that the project is
consistent with the Chula Vista Design Guidelines and the Montgomery Specific Plan
J\HOME\PLANN I NG\ROSEMARIE\DRC\M IN4-21-03
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Design Review Committee
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April 21, 2003
provisions for a density bonus, then the commillee recommend approval of the Precise
Plan to the Planning Commission and City Council, subject to the conditions of approval.
Resident's Concerns:
Mr. George Galbreth (807 Ada Street, Chula Vista, CA) stated that he owned the property
next door to the proposed project. Mr. Galbreth commented that there was an excessive
slope next to his property and when it rained he experienced excessive run off from the
slope on to his property. He was concerned that this project would only make the situation
worse, Mr. Galbreth also expressed concerned about potential sewage problems with the
addition of the condominium units.
Mr. Schmitz stated that just for clarification of the audience's sake the Design Review
Committee's responsibilities were to evaluate the overall design of the project and those
elements of the project that are design related, There would be two more hearings on this
project a Planning Commission Hearing and a City Council Hearing were some of the
issues that are related to land use, such as the density bonus, would be addressed at that
time
Chair Morlon asked if there had been any research done on the slope problem indicated
by the resident?
Mr. Schmitz stated that he did not believe so, but any project that comes to the Planning
Department will have to be reviewed and approved by the City's Engineering Department
who will take care of grading and any sewer issues that arise. He felt that the resident's
concerns were valid and they would have to check with the engineering department to
make sure that the issue is addressed in the staff report to the Planning Commission,
Chair Morlon explained to the resident that the Design Review Committee dealt strictly
with design issues so they wouldn't get involved with the engineering part of the project
itself, however as Mr. Schmitz indicated, there was going to be some more research done
and other hearings where it would give the applicant an idea of how the project would
eventually be handled.
COMMITTEE DISCUSSION:
Vice Chair Araiza asked that staff clarify on the site plan Condition A which referred to
relocating or eliminating the trash enclosure, and then providing stamped concrete to
delineate the entrance crossing as well as the two open space crossing of the access
driveway.
Mr. Phelps responded that the trash enclosure may not be needed because there was
sufficient space in the garages and there may be a potential for eliminating this trash
enclosure, but the applicant would need to coordinate that with Pacific Waste to see if that
was going to be feasible, However, the applicant might have to still provide a green waste
location and a smaller enclosure than what was being shown on the site plan because the
size of the trash enclosure could impede the trash pick up,
With respect to the stamped concrete, in the case of "Ada I", Mr, Phelps stated that the
applicant had shown stamped concrete across the driveway at the locations of the open
space areas that would delineate pedestrian access and also at the front entrance, To
J\HOME\PLANN I NG\ROSEMARIEIDRC\MIN4-21-03
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Design Review Committee
Minutes
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DRAFT
April 21. 2003
keep it consistent with the "Ada I" project, that was located a few properties west of "Ada
II", Mr. Phelps thought it was important to include that element in this project because it
was not actually shown on the site plan and had conditioned the project so that it would be
included.
Member Aguilar asked for clarification on page 3 of the staff report under Site Plan and
Parking in the second paragraph where it refers that: The landscape plan only shows lawn
and picnic/barbecue equipment in each open space area, but as a condition of approval a
children's tot-lot and play equipment is being required to be located in the eastern open
space area, where there a@ potential conflicts with a trash enclosure.
Mr. Phelps stated that there was typographical error in that paragraph, The tot-lot was
supposed to be in the eastern open space area because there were no potential conflicts
with a trash enclosure.
Member Aguilar asked if the neighborhood in general was both single-family homes and
duplexes?
Mr. Phelps replied that the neighborhood was a mixture of two family group dwellings,
single-family homes and apartments.
Member Aguilar asked if the zoning was single-family?
Mr. Phelps explained that the General Plan land use designation is for single-family but
the zoning is actually two family duplex (R2P) and it does allow for 2 units for every 7,000
square feet of lot area which is a little different than the General Plan. As part of the
General Plan Update, staff was looking at making that consistent and even possibly
increasing it to a higher density. multi-family, because it's within the transit radius of the
Palomar Trolley Station.
Member Aguilar commented about the density bonus mentioned in the staff report,
Mr. Phelps stated that "Ada II" project was located a few properties to the west of "Ada I",
and will rely on the same findings that were made in granting a 25 percent density
increase to the first project. Because the property was within the Montgomery Specific
Plan the applicant had to apply for a Precise Plan to allow for the addition of two more
units above what the zoning would allow for.
Member Aguilar remarked that in order to have that occur the Design Review Committee
and subsequent groups that look at this project would have to make a finding that this
project would be an example of outstanding planning or urban design. She noted that
even staff had acknowledged in the staff report that it was a little difficult to do.
Mr. Phelps stated that it was difficult to make that finding due to the setback restrictions,
parking requirements and a drainage channel that cumulatively impacted and significantly
reduced the usable lot area and guest parking where more usable common open space
and guest parking could have been provided,
J :IHOMEIPLAN NINGIROSEMARIEIDRCIMIN4-21-03
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Design Review Committee
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April 21, 2003
Member Aguilar remarked that in addition to those issues the other project had sidewalks
along the internal streets, She asked how the sidewalk situation was addressed in this
project?
Mr. Phelps replied that pedestrian access would be provided along the edges of the
driveway with stamped concrete, The pedestrian would actually be walking on the
driveway on the delineated area of stamped concrete; this same approach was utilized
and approved by the committee for the previous "Ada I" project at 777 Ada Street, as well
as the Moss Street Townhomes near Third Avenue, In addition, the project would be
conditioned to provide stamped concrete to delineate the entrance crossing, as well as the
two open space crossings of the access driveway.
Vice Chair Ariaza asked if the applicant was in agreement with the conditions as far as the
paving and if the colors on the buildings would be varied because it was stated in the
conditions
Mr. Daniel Contreras, Architect, (515 Fourth Avenue, Chula Vista, CA) stated that they
were in agreement with the conditions requested by staff. With respect the building
elevations their intent was to do a couple of variations of the stucco color as well as
varying the rooflines with gabled or hipped roofs to give the elevations a contrasting
appearance,
Vice Chair Araiza thought that the volumes and the design of the buildings were good but
if there was an additional play with color it would enhance the project.
Member Aguilar commented that with respect to making a recommendation for the density
bonus, in reading the staff report it was her understanding that the Design Review
Committee had to make a finding that the project was characterized by outstanding
planning or urban design in order to recommend it to the Planning Commission.
Mr. Schmitz responded that the responsibility was not entirely on the DRC the fact that this
application was a Precise Plan that was going up through to the Planning Commission and
City Council levels didn't mean that the committee was obligated to make the final finding
on outstanding design. The committee would obviously be making a recommendation to
that body and if the committee did not feel that this project represents a sufficient amount
of outstanding design to warrant the density bonus, then the DRC could make that
recommendation up through the various levels that this Precise Plan is going to go
through.
Member Aguilar felt that this was the issue with the project. In her opinion, she felt it was
a fine project but to say that it represents outstanding planning or urban design was a hard
finding for her to make. Even in the staff report there was some question as to whether
this project even meets the city's Design Guidelines. In the staff analysis, it stated that all
buildings would be identical; therefore, there was little visual interest or individual unit
identity,
Member Aguilar felt that Vice Chair Araiza's concern with regard to the color of the units
came from staff's comment concerning the lack of visual interest and unit identity.
Member Aguilar remarked that even if the DRC agreed that there was visual interest and
individual unit identity she would still have a problem with determining that this project
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Design Review Committee
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Dt<AFT
April 21, 2003
represented outstanding planning and urban design, and would not feel comfortable
making a recommendation to the Planning Commission,
Chair Morlon commented that he had the same problem. In looking at the units he noted
that they were not individually significant.
Vice Chair Araiza commented that although staff noted in their report that the units
provided little visual interest, the applicant stated that they were willing to vary the colors
and roof elevations in order to provide more interest. Vice Chair Araiza agreed with the
committee that the project was more ordinary than high quality but he still felt that it was a
good project. He was not clear if this finding for outstanding planning and urban design
could be removed and the project could still be recommended,
Mr. Schmitz responded that the committee could either suggest that the applicant improve
the elevations to warrant the findings, and if the applicant were willing, they could continue
the project so that the applicant could make the revisions, or the committee could
recommend the approval to the Planning Commission but would have to modify the
wording concerning the findings for urban design,
In general, the Design Review Committee felt that the applicant had done a nice project
and the building design was good considering the lot size. They did not feel that there was
much left to improve on the project. The Committee was not sure if the City was
demanding too much of the applicant and whether it was appropriate to apply the
outstanding planning and urban design standard.
Mr. Schmitz stated that the question for staff's understanding because there are other
under utilized lots in this area that will possibly be coming back with similar type
development proposals, (and the DRC had already approved one of these projects on this
street that was similar) is if the DRC could give staff some guidance as to where they feel
this project fails to meet that same standard that was found a year ago, then they could
advise developers for the next go around,
Chair Morlon felt that in the other project the "Ada I" the buildings were more staggered in
the way that they were placed on the property itself. This project is restricted because of
the lot size and the buildings are pretty much in a linear position,
Member Aguilar commented that in the "Ada I" project she thought that the flood plane did
not hamper the buildings and the buildings were not as tight and the open space areas
were larger. It was easier to make a finding for outstanding planning and urban design for
that project. Member Aguilar stated that the only other thing that they could ask of the
applicant is if the applicant would provide a project without the density bonus, which would
mean losing the two additional units and she felt that the applicant would not want to do
so,
Vice Chair Araiza asked if it were possible to recommend the project even though the
DRC did not feel that it was a great example of outstanding urban design but the
committee still felt that it was a good project to be approved for this particular lot?
Mr. Schmitz stated that their resolution could offer its recommendation and it would be up
to the Planning Commission and the City Council Redevelopment Agency to review their
resolution that would have to have its own findings,
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Design Review Committee
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April 21, 2003
Mr. Jorge Sanchez, Project Developer, (7420 Covier Street, La Jolla, CA) stated that this
was the third project that they were developing and that they were basically doing the
same concept in this project that they had done in the "Ada I" project except they were
adding one more building. He explained that on the building elevations the building on the
left hand side had a pop out element in front of the garage, Mr. Sanchez stated that given
the restrictions to the lot configuration they were doing the best that they could with the
building design.
Member Aguilar stated that on the "Ada I" project the alternative units were stepped back
just a little,
Mr. Sanchez commented that the same thing was done on this plan, however, the
drawings were a bit light and it was hard to see that one of the units was a little larger than
the other which broke up the linear appearance of the buildings,
Member Aguilar commented that it was not very apparent on the plan,
Mr. Contreras stated that building elevations were basically the same as the "Ada I"
project. One of the front units had a 2-foot pop out in the front of the garage, an arch, It
was hard to see on the plan but the buildings were staggered a bit. Mr. Contreras
commented that in the "Ada I" project they experienced the same issue with the flood
plane on the back of the site and had to move the buildings 25-feet away from the flood
plane
The Committee commented that based on the architects comments and what they could
see from the plans they would be willing to recommend approval but with the following
conditions:
MSC (Aguilar/Araiza) (3-0-0-2) to recommend approval of PCM-03-08 project to the
Planning Commission and City Council, subject to the conditions of approval with
the following modification: Under Notice of Decision, Condition (1) beginning at the
end of the second paragraph the following statement shall be added: The Design
Review Committee has concerns about whether this project conforms with
"Outstanding Urban Plan Design Criteria." Motion Carried.
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ATTACHMENT No. 6
Design Review Committee
OlY OF
CHUIA VISTA
NOTICE OF DECISION
On PCM-03-08
Notice is hereby given that the City of Chula Vista Design Review Committee has considered
PCM-03-08, a request to develop 14 town house condominiums in seven duplex buildings,
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 32 categorical exemption pursuant to Section 15332 (in-fill developments) of the State
CEQA Guidelines.
The Design Review Committee approved said request based upon the following findings of
facts:
l. That the proposed development is consistent with the development regulations of the
R2P (Two-Family Residential with a Precise Plan) Zone, the Montgomery Specific Plan,
and the Environmental Review.
The two-family residential zoning allows for two units per 7,OOO-sq, ft, of lot area, A 25
percent density bonus above that may be warranted based upon the provisions for such an
increase in density in the Montgomery Specific Plan because "outstanding planning or urban
design" characterizes the project.
However, the Design Review Committee does not believe the project reflects "outstanding
planning or urban design" and forwards the Precise Plan to the Planning Commission and
City Council without a recommendation on that issue.
If the Precise Plan is approved by City Council with 14 units, the development will conform
to the zoning restrictions and development standards of the R2P zone and will be consistent
with the regulations and the Montgomery Specific Plan,
The project was deemed exempt ITom environmental review as a Class 32 (urban infill
developments) exemption ITom CEQA.
2. The design features of the proposed renovations are consistent with, and are a cost
effective method of satisfying, the City of Chula Vista Design Manual and Landscape
Manual.
The proposed development, which consists of 14 town home condominium units contained
within seven duplex buildings, along with common open space recreation areas, 8 guest
parking spaces, and private yard areas for each unit will be consistent with, and are a cost
effective method of satisfying the multi-family residential design guidelines found in the
Chula Vista Design Manual and Landscape Manual.
3.2...
NOTICE OF DECISION
PAGE 2
The Design Review Committee hereby approves the design of Precise Plan PCM-03-08, without
the finding of outstanding planning or urban design to allow the 2-unit density bonus, unless
approved as is by the City Council, subject to the following conditions:
1. Prior to the issuance of any permits required by the City of Chula Vista for the use of
the subject property in reliance on this approval, the applicant shall satisfy the
following requirements:
Planning and Building Department Conditions:
A. The City Council must adopt Precise Plan PCM-03-08 for project depiction in Exhibit
"A", and controlled by the Development Regulations in Exhibit "B,"
B, The following items shall be submitted for approval by the Director of Planning and
Building and/or the City Landscape Planner:
1, A revised site plan and/or building elevations incorporating all conditions of
approval including the following:
a, Provide a "tot-lot," including playground apparatus to be incorporated
within the common open space area shown as a lawn area adjacent to the
barbeque area;
b, Provide a paving plan showing the pattern, style and color of enhanced
paving material, and label the guest parking as "compact" parking spaces;
c. Details about the trash and recycling enclosure masonry walls and gate
control system as required by Pacific Waste Company;
d, Details about the proposed lighting in the common opens space areas and
on each building elevation,
2. If necessitated by changes to the site plan, submit a revised Conceptual Landscape
Plan for review and approval by the Landscape Planner:
a, The retaining wall should be a planted keystone wall, and the rear slope
should be planted with one-gallon tree or shrubs for every 100-sq, ft, of
area;
b, Provide concrete mow curbs per City standards separating turf areas from
shrub areas, and expand the patio areas in lieu of turf in the private yard
areas;
c, The landscape plan plant palette must reflect indigenous plant material
approximately 25 percent of the planting palette used on this project shall
represent a "Southern California style;"
d, Replace the palm species used at the project entry with specimen multi-
trunk accent trees. The palms may be used in combination with the accent
trees, Flowering and multi-trunk species are encouraged;
e, Provide more layering of shrub masses and articulation in the entry
landscape design;
f, Provide street tree selection compatible with the existing street tree
program on Ada Street approved by the City arborist.
3:5
NOTICE OF DECISION
PAGE 3
3, After approval of the revised Conceptual Landscape Plan, provide a detailed
Planting and Irrigation plan for review and approval by the Landscape Planner:
a, Provide a minimum palm height of 10-ft. to 12-ft, brown trunk;
b, No roof drains shall empty into planter areas, All down spouts shall be
connected to sewer and not cross any planted areas or driveways, as an
incorporated design Best Management Practice (BMP),
4, A Water Management Plan and a Fencing Plan shall be provided in conjunction
with either the Conceptual Landscape Plan or the Planting & Irrigation Plan:
a, Provide a detailed trellis structure design for staff review and approval for
the trash enclosure design;
b. Fences and walls shall comply with the city's sight visibility requirements,
All privacy fencing shall be 6- ft. in height. Walls and fences exposed to
public view shall be painted to complement the buildings, This includes
the automatic steel gate, All freestanding, walls and fences shall be a
decorative type, Specify the wall type, color and materials to be used on a
fencing plan to be submitted for final review and approval by the zoning
administrator.
5, Lighting for the facility shown on the site plan shall be in confonnance with
Section 17,28,020 of the Municipal Code:
a, A lighting plan shall be provided that includes details showing that the
proposed lighting shall be shielded to remove any glare from adjacent
properties,
C. Comply with all requirements ofthe Building Division including the following:
1, Submit architectural plans that are stamped and signed by a licensed architect.
Plans shall include a site plan and building elevations that are consistent with the
precise plan's approvaL
2. Structural plans and calculations must be stamped and signed by a California
Registered Civil/Structural Engineer.
3, Project shall comply with 2001 CBC, CMC, CPC, and CEC,
4. Project shall comply with 2001 ADA and Title 24 Energy requirements.
5, Plans shall indicate type of occupancy.
D, A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted for any building and wall plans and shall be reviewed and approved by the
Director of Planning & Building prior to the issuance of building pennits, Additionally,
the project shall confonn to Sections 9.20,055 and 9,20,035 of the CVMC regarding
graffiti controL
E. Conditions, Covenants, and Restrictions (CC & R's) shall be provided for review and
approval by the Planning Department. The document shall be reviewed and approved to
the satisfaction of the Planning and Building Director prior to recordation of the Precise
Plan,
~i
NOTICE OF DECISION
PAGE 4
Resource Recycling and Conservation Coordinator Conditions:
F, The locations and orientation of trash enclosures must be approved by the franchise trash
hauling company, with sufficient space for designated recyclables, The enclosures bins
and/or containers must meet the design specifications of the City Conservation
Coordinator. Please contact at 691-5122 for more infonnation,
Fire Department Conditions:
G. Prior to issuance of building pennits, provide a fire hydrant in front of the project. On
building plans, show one fire extinguisher box with extinguisher for every building.
Plans shall include an automatic fire sprinkler system for each unit, including a 6-in,
exterior bell and separate control valves for the sprinklers, in confonnance with Fire
Department requirements,
Engineering Department Conditions:
H. The following fees will be required based on the final building plans submitted:
1, Sewer Capacity Fees;
2. Traffic Signal Fees;
3. Public Facilities Development Impact Fees,
L A Tentative Parcel Map and Final Parcel Map shall be required in order to create the 14-
condominium unit/one lot condo map. The map shall clearly identify the limits of the
] OO-year flood boundaries of the drainage way immediately south of the property, with
notation indicating that the construction of any improvements within the flood boundary
will not be pennitted,
J, Grading pennit will be required, A drainage study and geotechnical/soils study are
required with the first submittal of grading plans together with calculations for the
proposed drainage system,
K, The Engineering Division will require the applicant to obtain a construction pennit to
perfonn any work in the City's right-of-way or future public sewer easements which may
include, but not limited to:
I, Driveway approach per Chula Vista Design Standards; if installing an alley type
driveway, add ADA pedestrian ramps per City Standards,
2, Installation of one 150W HPSV Street Light on Ada Street, at the west property
line,
3, Installation of an 8-inch public sewer with manholes built to City Standards along
the main driveway, Improvement plans for the public onsite sewer system is
required,
4. Construct a driveway for the public sewer to H20 wheel loading standards, A six-
inch thick PCC driveway over four-inch approved base material is an acceptable
structural section, Grant a public sewer easement along said driveway on the
Final Parcel Map,
5. Additional conditions of approval may be required upon submittal of the
Tentative Parcel Map.
~.;-
NOTICE OF DECISION
PAGES
L. A two-foot right-of-way dedication is required along Ada Street, for a half street width of
twenty-eight (28) feet prior to submittal of the Tentative Parcel Map,
M. The applicant is required to complete the applicable Fonns (see Manual) and comply
with the City of Chula Vista's Stonn Water Management Standards Requirements
Manual.
N, The applicant is required to implement Best Management Practices (BMPs) to prevent
pollution of the stonn water conveyance systems, both during and after construction.
Pennanent stonn water requirements shall be incorporated into the project design, and
shall be shown on the plans. Any construction and non-structural BMPs requirements
that cannot be shown graphically must be either noted or stapled on the plans,
0, The City ofChula Vista requires that all new development and significant redevelopment
projects comply with the requirements of the NPDES Municipal Pennit, Order No, 2001-
01, According to said Pennit, all projects falling under the Priority Development Project
Categories are required to comply with the Standard Urban Stonn Water Mitigation Plans
(SUSMP) and Numeric Sizing Criteria,
p, Development of the project shall comply with all applicable regulations, established by
the United States Environmental Protection Agency (USEP A), as set forth in the National
Pollutant Discharge Elimination System (NPDES) pennit requirements for urban runoff
and stonn water discharge, and any regulations adopted by the City of Chula Vista
pursuant to the NPDES regulations and requirements, Further, the applicant shall file a
Notice ofIntent (NO!) with the State Water Resource Control Board to obtain coverage
under the NPDES General Pennit for Stonn Water Discharges Associated with
Construction Activity and shall implement a Stonn Water Pollution Prevention Plan
(SWPPP) concurrent with the commencement of grading activities, The SWPPP shall
include both construction and post-construction pollution prevention and pollution
control measures, and shall identify funding mechanisms for the maintenance of post-
construction control measures,
Q. The applicant is required to identify stonn water pollutants that are potentially generated
at the facility, and propose Best Management Practices (BMPs) that will be implemented
to prevent such pollutants ttom entering the stonn drainage systems,
R. A water quality study will be required to demonstrate compliance with the requirements
of the National Pollutant Discharge Elimination System (NPDES) Construction and
Municipal Pennits, including Standard Urban Stonn Water Mitigation Plans (SUSMP)
and Numeric Sizing Criteria requirements, with the first submittal of
grading/improvement plans, in accordance with the City's Manual.
3><,0
NOTICE OF DECISION
PAGE 6
S, The applicant may be required to obtain coverage under the NPDES General Industrial
Permit. The applicant is directed to contact the California Regional Water Quality
Control Board, San Diego Region for any enquires in this respect.
T. The project shall meet the City of Chula Vista Floodplain Ordinance (Chapter 18,54) of
the Municipal Code and FEMA requirements per FEMA FIRM panel No, 2152,
Police Department Conditions:
U, The proposed development shall participate in the Crime Free Multi-Family Housing
Program prior to issuance of building permit. Contact the Crime Prevention Unit at 691-
5127 for more information.
Outside Agency Conditions:
V. Applicant shall contact the Chula Vista Fire Department about required fire flow
requirements and submit a letter to the Sweetwater Authority stating the requirements.
The Authority will determine if there is a need for new or substantial alteration to the
existing water systems, as well as the availability of water for operational and fire
protection purposes, All fees and deposits shall be provided at the building permit stage,
W, The applicant shall contact the Sweetwater Union High School District and the Chula
Vista Element3TY School District to determine the school fees and/or Community
Facilities District (CFD's) that the project shall be included into in addition to the school
fees that shall be paid prior to issuance of the building permit.
~7
NOTICE OF DECISION
PAGE 7
2. Prior to use or occupancy of the property in reliance on this approval, the following
requirements shall be met:
A. The site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, exterior materials and colors, landscaping,
sign program and grading on file in the Planning Division, the conditions contained
herein, Title 19, and the Montgomery Specific Plan.
B, Prior to any use of the project site and/or business activity being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the Planning Director.
C. All landscape and hardscape improvements shall be installed in accordance with the
approved landscape plan and the comments ofthe City Landscape Planner.
D, All ground-mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping to the
satisfaction of the Planning Director.
E. All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded rrom view and the sound buffered rrom adjacent
properties and streets as required by the Planning Director. Such screening shall be
aTchitecturally integrated with the building design and constructed to the satisfaction of
the Planning Director. Details shall be included in building plans.
F, A fire flow of 3,000 gallons per minute for duration of three (3) hours must be provided.
The back flow preventor shall be screened from view, and the Fire Department
connection shall not be located with the back flow preventor.
G, A fire hydrant shall be installed in the front of the proposed development. If at anytime a
motorized gate is installed it must be provided with an Opticom system and Knox key
switch for fire department entry, Provide a visible address to be seen from the main
access road,
H, A ISO-watt streetlight shall be installed at the westerly side of the property frontage on
Ada Street to the satisfaction of the City Traffic Engineering Section,
L Applicant shall obtain a security survey from the Crime Prevention Unit of the Police
Department for specific recommendations on access control, surveillance detection, and
police response prior to issuance of certificate of occupancy,
J, The Precise Plan design approval shall expire if building permits aTe not issued or the
approved use has not commenced within one year from the date of this approval, unless a
written request for an extension is received prior to the expiration date,
3&'
NOTICE OF DECISION
PAGE 8
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Developer shall execute this document by signing the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to the
conditions contained herein, Upon execution, this document shall be recorded with the County
Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant,
and a signed, stamped copy returned to the City Clerk and Planning Department. Failure to
return a signed and stamped copy of this recorded document within ten days of recordation to the
City Clerk shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building pennits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk' Office and known as
Document No,
Signature of Property Owner 815 Ada Street
Date
Signature of Representative
Date
PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE
CITY OF CHULA VISTA, CALIFORNIA, the 21st day of April, 2003, by the following vote,
to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
John Schmitz, Zoning Administrator
Rosemarie Rice, Design Review Committee Secretary
J :\PLAN:>IINGIHAROLD\RESOLI!TIONS\PCM-03-08NOD.DOC
3<1
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C11V Of
CHUIA VISTA
TYPE OF REVIEW RE
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CITY OF CHULA VISTA
Planning & Building Department
276 Fourth Avenue
(619)691-5101
Development Processing
Application Form - Type B
Page One
VESTED
[staff use only) Case No.: f ~fJ\ - 03-0'2,
o General Plan Amendment
o General Development Plan
o Amendment
o SPNSpecific Plan
o Amendment
o RedevelOpment
o Amendment
o Zone Change
o Tentative Subdivision
Map
o Annexation
o Other:
Filing Date: ~- '/..>,- 0'2- By: '-I
Assigned Planner: P h c..\ (' ~
Receipt No.: <72.--001-1 :\0:>
Project Acet: A c, - i- '\ G.
Depos~ Aeet: D ex - ~ W
Related Cases: \.\ I PI
.
o ZA 0 Public Hearing
IAPPLlCANT INFORMATION
Applicant Namn Gf e'Z-
Applicant Addre1s t'
1$;22 t~. ~-+ M,-z,\O
Applicanfs Interest in Property
rn'6wn 0 Lease 0 In Escrow 0 Option to purchase
I
If applicant is not owner. owner's authoriZation
is required to process request See signature
on Page Two.
Phone No,
l1LO
Project Name \
t>A:- ill Z
General Description of Proposed Project
[PleaSe~~;;~~ ~ PTovta fUII~:r~ andJ~~CoN~ ~1+~OJ~~rt h t) YYlQ/-=)
(1 6\Jt\hm.",sJ er\c\o\Q.d 'ct-OVD.-jeo ~ fta.~'1(DUVl6
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ISUBJECT PROPERTY INFORMATION (for all types)
Location! treet Address \, +
I 5 \S" A b s,--Jy' ee
Assessor Parcel No, (Attach list ff necessary! Total Acreage
f??'2- O::r\;" Ll(P , "t'l,+k(
I UITen nero an,'gna Ion urren one sl9 Ion
;current Lan~u;e M.. 12..- ::<. f
I'
edevelopment Area (If applicable)
if applicable
Is this in
11199
yo
FORM B. (pAGE 1 OF 2J
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CITY OF CHUL'.. \'1ST A
Planning & Building Department
276 Fourth Avenue
(619)691-5101
Development Processing
Application Form - Type B
Page Two
CI1Y OF
CHUlA VISTA
(staff use ontv)
Case No.:
/GENERAL DEVELOPMENT PLAN I
General Development Plan Name
Total Acres '.
Proposed land Uses
Commercial: Acres Industrial: Acres
Parks: Acres Schools: Acres
Community Purpose: Acres Circulation: Acres
Public/Quasi: Acres Open Spoce: Acres
Residential Range
Single Famiiy Detached: to Units Acres
Single Family Attached: to Units Acres
Duplexes: /2- to 1<1 Units .i.. Acres
,
Apartments: to Units Acres
Condominiums: to Units Acres
Totals: IZ to /t-f Units --r- Acres
IIGENERAL PLAN AMENDMENT
Ii
I Proposed land Use Designation
Please state why the General Pian should be changed
IIANNEXATION I
Prezoning ILAFCU ReI. No,
I
ilTENTATIVE SUBDIVISION MAP I
I Subdivision Name CV Tract No,
I
: Minimum lot Size
I
,
IZONE CHANGE
o Setback
I
o Rezoninn.-------O-
------------'-""
sed Zoning
b.f1" j" 2
Date i l!c
C)Y,D?' 0 'Z
Date I / -
07/00
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Appendix A
PROJECT NAME:
PROJECT DESCRIPTION AND JUSTIFICATION
A-'bt;. \l\\\QS,
I rYJfZ (' (l.N\rle 1-
v 0
z
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,
rOpDf.WJ to bJ,L~ i~ O~~S
tDtDl\ ~{)ffi9D LOlfh~ Z erc.~o '3J26 1OVCt\.yeD
e&c1; ~l0~ 7'~ P(;Y~!f\7 rvD~-+
J ~ 0 Il\tL~ f l0-j cu-tc-,
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Appendix B
THE CI. . 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" wner 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 p ,rtnership.
r\\
'L-
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 $250 worth of business transacted with any member of the City sip}/',
Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No..E
If yes, please indicate person(s):
5. Please identify each and every person, including any agents. employees, consultants, or
indepe dent cont ctors who you have assigned to represent you before the City in this matter.
()(
6. Have you and/or your officers or agents, in the aggregate, contributecLmore--than--$ 000 to a
Councilmember in the current or preceding election period? Yes ~-No V If yes, sta which
Councilmember(s): / /'
/ .
(N E: A TTACH ADDITIONAL PAGES AS NECESSARY)
0' ( "
Date:
o
+~ ~.
* Person is defined as: "Any indi1/ldual, firm, co-parlnership,joinl venture, associa on, social club, freaterna! organization. .corporatlOn,
estate, trust, receiver. syndicate. this and an,V other county, city and country, cay municipality, district. or other political subdivision. or Of/V
other group or combinatIOn acting as a unit. " .
Permit Applicant:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
APPENDIX C
(lof3)
DEVELOPMENT PERMIT ~ESSING AGREEMENT
l,:sj) t::\ d'(1(L ~ ~ ',) ir1
r-e (I <;;..p
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
<\pplicant or estimated by City,
"-I-'f
APPENDIX C
(20f3)
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 otheP,'IIise 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 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.
'+-)
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, d9..hereby-'expr~s their consent to the terms hereof by setting their hand hereto on the
date set to:;Jacent t ere~o: '1
D~ed: : '2 0 (, City of Chula Vista
I) 276 Fourth Avenue
I Chula Vista, CA
B~~
~--~~--
Dated:
By:
'-1-(0
ADA Development Inc,
734 Jacinto Place
Coronado, CA 92118
To: City ofChula Vista
This letter is to advise that Jorge Sanchez has full authority to make any and all decisions
concerning my properties in Chula Vista, These properties include 777 Ada Street, 774
Ada Street and 815 Ada Street. Should you have any questions, I can breached 619)
435-8600,
J------------
e DAVID R, HAMMEL
_ Commisalon. 13(]6895 ~
Notal)' PU,bliC . CoIlfomla I
San Di<Ogo County -
My Ccmm. Gcpl.... J1Jn 2, 200II
'+7
rDJlE'-[G IE n Wi LE rRI
!rI11~UN 11 >1" ~
PLANNING
PLANNING COMMISSION AGENDA STATEMENT
Item:S--
Meeting Date: 6/25/03
ITEM TITLE:
Public Hearing: Precise Plan (PCM-03-31) including a Density Bonus to
allow for l4-unit condominium project in the R2P zone at 774 Ada Street.
The applicant proposes a condominium project with certain deviations from the R-2 development
standards, and an increase from 12 to 14 dwellings units utilizing the provisions for a Precise
Plan as outlined in the Zoning Code Sections 19,14,570 -580, The Montgomery Specific Plan
provides that a net density bonus of 25 percent may be given to development projects
"characterized by outstanding planning or urban design," if approved by the Planning
Commission and City CounciL
Pursuant to compliance with the California Environmental Quality Act (CEQA), the
Environmental Division has reviewed the proposal and found that the project is a Class 32
exemption for infill developments (Section 15332),
BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee
approved the design of the project at their June 2, 2003 meeting (Attachment No, 6),
RECOMMENDATION: That the Planning Commission approve the attached Resolution
PCM-03-3l that recommends the City Council approve the Precise Plan, subject to the
conditions and findings contained in the attached draft City Council Precise Plan Ordinance and
grants Density Bonus pursuant to Montgomery Specific Plan,
DISCUSSION:
L Site Characteristics
The project site contains an existing dilapidated house that is going to be demolished, and
remainder of the property is vacant. The parcel is located in an older residential area described
as "Harborside 'B'" in the Montgomery Specific Plan, The 1-5 freeway to the west and the
Industrial Boulevard/MTDB Trolley R-O- W to the east geographically define the neighborhood,
2, General Plan, Zoning and Land Use
Although the General Plan and Montgomery Specific Plan designate this area as single-family
residential, there are pre-existing and new two-family and multi-family developments already
located within the area. In addition, the redevelopment agency has located other higher density
affordable housing in this area utilizing the density bonus provisions provided for by State
Government Code,
The project is located within a quarter mile radius of the Palomar MTDB Trolley Station, and as
a result falls within a transit-oriented development (TOD) study area targeted by state legislation
for smart growth, The General Plan Update is examining this area to detennine whether higher
density developments should be encouraged within this neighborhood, Existing land uses are:
I
General Plan Land Use Designation
&
Montgomery Specific Plan Land Use Designation:
North: Commercial Retail
Zoning:
C-T-P
(Not a part of Montgomery Specific Plan)
South: Residential Low Medium
R-2-P
RLM (3 - 6 dwelling units/acre)
East: Residential Low Medium
R-2-P
RLM (3 - 6 dwelling units/acre)
West: Residential Low Medium
R-2-P
RLM (3 - 6 dwelling units/acre)
3, Proposal
Page 2, Item:
Meeting Date: 6/25/03
Existing Land Use:
Vacant Lot
(Pumpkin Patch &
Christmas Tree Lot)
Ada 1 Townhomes
12 Townhomes
(Under Construction)
Trolley Trestle
Affordable
Apartments
Single
Family
Home
The applicant proposes to construct a 14-unit town home project, consisting of four duplex and
two triplex buildings, Each building would incorporate two-story units A, B or C floor plans,
"Unit A" would measure 1,560-sq, ft, with a 420-sq. ft, two-car garage, and "Unit B" would
measure I ,352-sq, ft. with a 436-sq, ft, two-car garage, and "Unit C" would measure I ,663-sq, ft,
with a 420-sq. ft, two-car garage,
Each unit will have three bedrooms and three baths with a vaulted ceiling living room creating a
loft effect within the stairwells to the second floor hallways leading to the bedrooms, Each
triplex or duplex building will be a maximum 26-ft, in height, and will be enclosed by private
fenced-in rear yard areas that include patios,
A 20-ft. wide driveway will serve the complex, which will jog at an angle in the center of the
project where a common open space area splits two access driveway that are perpendicular to the
main driveway in order to serve provide vehicular access to both triplex and one duplex building.
The access driveways all include sidewalk or common open space elements for pedestrian
circulation throughout the site. There are enhanced concrete pavement patterns utilized to
delineate pedestrian paths in front of garages, across the driveway and at condominium
entrances, The common open space area includes a barbecue picnic area and a lawn area that will
include a 'tot-lot' incorporating playground apparatus. A single trash enclosure facility with a
decorative wall and trellis cover will be centrally located but across the driveway from the
common area,
BACKGROUND:
This is the third in a series of three town home projects located on Ada Street east of the 1-5
freeway west of Industrial Boulevard. All three require Precise Plan approval by the Design
Review Committee, Planning Commission, and City Council in order to receive density bonus
cl
Page 3, Item:
Meeting Date: 6/25/03
allowances, The first project was a 12-unit townhouse project that was approved by the Design
Review Committee in June 2002 and is now under construction, The second project was a 14-
townhouse project that was approved by the Design Review Committee in April 2003. This third
project is also a 14-townhome project.
While Ada I and II were located on the south side of Ada Street, Ada III is located on the north
side of the street (774 Ada Street) and is within the Southwest Redevelopment Project Area, and
therefore subject to redevelopment affordable housing requirements. Like the previous two
projects, Ada III will rely on the same findings required by the Montgomery Specific Plan that
the project be characterized by "outstanding planning or urban design" as a requirement for
granting the 25 percent density increase, or to allow for an increase from 12 to 14 town home
units, Of note, the Design Review Committee found that the proposed project Ada III meets this
finding,
The R2P zoning for the property allows for the Precise Plan (Two-Family Residential within a
Precise Plan overlay-modifying district), which is also located within the Southwest
Redevelopment Area. Therefore, the Precise Plan proposed for this property is to allow or
require the following:
(l) An increase in density above what the zoning would allow per the Montgomery Specific
Plan, which in this case would allow for 14 instead of 12 town home dwelling units;
(2) Deviations to the underlying zoning with regards to required overall floor-area-ratio, yard
setbacks, private usable open space, two-car garage dimensions, and guest parking
spaces;
(3) Provide one affordable (rental or for sale) unit, in compliance with the Southwest
Redevelopment Area.
ANALYSIS:
The Precise Plan provisions as found in Section 19.56.040 of the Zoning Ordinance indicate that
the purpose of the P precise plan modifying district is to allow diversification in the spatial
relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as
design review of architecture and signs through the adoption of specific conditions of approval
for development of property in the city,
Further, Section 19,56,045 of the Zoning Ordinance indicates that Precise Plan modifying
districts may not increase densities above the maximum range within the underlying zone,
However, since there was no density established as expressed in a number following the P
designator for the zoning ofthis property (R2P), the Montgomery Specific Plan (MSP) provision
as noted above can be applied on a case by case basis for individual projects within the
Montgomery Specific Plan area,
The Zoning Code requires compliance with specific criteria and findings as provided for Precise
Plans, which must also be reviewed and approved by the Planning Commission and City
Council. In this case, the Precise Plan process could allow the applicant to develop the proposed
3
Page 4, Item:
Meeting Date: 6/25/03
project with 14 instead of 12 dwe]]ing units, for a net density increase of25 percent as provided
for in the Montgomery Specific Plan.
Zoning:
With regard to the Montgomery Specific Plan provIsIOn for a net density bonus in areas
designated low medium residential (3 - 6 dwelling units per acre), the increase from 12 dwelling
units to 14 dwellings units will require deviations from the typical R2P zoning requirements in
order for the site plan layout to accommodate the additional number of units on the amount of
land area that is available.
The result is a two-family or R-2 development that appears more as a multi-family development.
However, the private and common usable yard areas shown here are designed to a higher
standard than many other multi-family developments such as converted apartments located in R-
3 Zones; therefore these units will function more like town homes, Overall, the project would
provide more usable open space areas than most multi-family units,
The following two tables show the typical development standards of the R-2 (Two-Family)
Residential Zone in relation to the proposed Precise Plan development standards:
Typical R2P Zoning Development Standards:
STANDARDS: REQUIRED:
Front yard setback: 15-ft.
Side yard setback: 5/l O-ft.
Rear yard setback: 15/20- ft.
Building Height: 28-ft.
Two-Car Garage Parking: 28 spaces
Guest Parking: 14 spaces
Lot Coverage: 50 percent
Floor Area Ratio: 55 percent
Proposed Precise Plan Development Standards:
Development Standard for Townhomes
Lot Criteria
Lot area per unit (minimum): 3,000-sq, ft,
Lot coverage (maximum): 50 percent
Lot depth (minimum): 52-ft.
Lot width (minimum): 32-ft.
Floor Area Ratio (maximum): 60 percent
Unit A (4-units, includes garage): I, 980-sq, ft,
Unit B (8-units, includes garage): 1,788-sq, ft,
Unit C (2-units, includes garage): 2,083-sq. ft,
Setbacks from drives and nerimeter lot lines
I.f
Page 5, Item:
Meeting Date: 6/25/03
Front yard (minimum): 4-ft.
Exterior side yard (minimum): 4-ft.
Interior side yard (minimum): O-ft.
Rear yard (minimum):
Units 4, 5, 6, 7, 8, 9, and 13: 5-ft.
Units 10, II, and 12: IO-ft,
Units 1,2,3, and 14: 15-ft,
Parkin!! 2-car garages
Units A & C (6-units): 420-sq, ft.
Interior dimensions: 20'-6" x 19'-10"
Minimum garage door opening: 16- ft,
Minimum depth and width
For one of two parallel vehicles: 17-ft. x 8-ft,
Unit B (8-units): 436-sq, ft,
Interior dimensions: 21' -0" x 20' -0"
Minimum garage door opening: 8'-4" & 8'-4"
Minimum depth and width
For one of two parallel vehicles: 17-ft. x 8-ft,
Guest Parking (compact): 12 spaces
Minimum dimensions: 7-ft, x 15-ft.
Driveways: 20- ft,
Onen snace 27,945-sq, ft,
Private Usable (minimum): 350-sq. ft.
Per unit
Common Usable (one area): 2,250-sq, ft,
Fencinl! 6-ft.
Perimeter: Stucco wall
Interior: Wood fence
Buildin!! Hei!!ht 26- ft,
No accessory structures are Patio covers must
permitted on lots with rear yards be less than
less than 10- ft. in depth: 300-sq, ft,
Site Plan:
The site plan shows four duplex buildings and two triplex buildings, all oriented to internal
access driveways that provide necessary vehicular access, yet the main entrances to each unit are
separated and articulated by setback front door entry areas. Each unit is also afforded private
yard areas of varying size, but all including patio areas. The conceptual landscape plan further
delineates the articulation of the front entry areas to each town home unit with trees and shrubs,
and shows building edges and the areas between buildings receiving landscape treatment as well
as the common open space,
The common open space area includes picnic tables, a barbecue area, and, as a condition of
approval, a children's "tot-lot" with play equipment will be required to be located in the portion
shown as a lawn area, A decorative stucco perimeter wall will enclose the complex, and wood
fencing will be installed between the units to create private yard areas, Staff believes the
D
Page 6, Item:
Meeting Date: 6/25/03
findings can be made in support of the deviations to the front, rear, and side setbacks, the
reduction to the size of the private open space areas, and the maximum floor-area-ratio for the
overall site.
Parking
Two-car garages with a minimum depth of l7-ft. for one space are proposed in lieu of the typical
20-ft, x 20-ft, dimension for a two-car garage to accommodate angled privacy entries and living
room areas, Guest parking will be provided by 12 on-site compact (7-l/2-ft, x 15-ft.) spaces, A
minimum of 2 off-site guest parking spaces would be available on the street in front of the
complex. Staff believes the findings can be made in support of the deviations to the garage
dimensions and compact guest parking for the overall site.
Landscaping:
The proposed landscape plan has been reviewed by the City Landscape Planner and found to be
substantially consistent with the City's Landscape Guidelines (along with conditions of
approval), The proposed landscape plan calls for the placement of accent trees and turf along the
driveway entrance and along the elevation facing Ada Street elevation of the site, Trees and other
significant landscaping will be placed on-site and around the guest parking areas.
Architecture:
The four duplex buildings and the two triplex buildings incorporate three different floor plans,
Each unit is designed to incorporate features found in some of the better designed single-family
homes currently being built, such as angled privacy entries, open 10ft areas, raised ceilings,
kitchens with bay windows, large bedrooms with bathrooms and walk-in closets, a
bedroom/study or den option, laundry rooms, and ample storage space within the units adjacent
to the two-car garages,
The exterior architecture is exceptional and shows two different front, side and rear elevations
for each building, Each elevation shows variations in the horizontal and vertical planes, utilizing
varying rooflines and fenestrations, such as covered porch entries and articulated windows.
Exterior materials would consist of beige and tan colored stucco (Dolce, Carida, Renaissance,
Romanesque) with red barrel Spanish tile roofing (Deleo flash). Accent trim wood fascia will be
tan or brown (Cinnamon Stick, Brown Rice). The Design Review Committee fonnd that the
building designs provided exceptional architecture,
CONCLUSION:
Staff believes that the finding of "outstanding planning and urban design" can be made, This
project will be a catalyst for future redevelopment of this area, and the density bonus will allow
for more affordable housing relative to the current housing market. In addition, the Design
Review Committee made the finding of "outstanding planning and urban design" for Ada III.
Staff also believes Ada III is more interesting because of the use of triplex and duplex buildings
on the site plan. In addition, Ada III is consistent with Ada I and Ada II in terms of building
design and open space amenities. Therefore, staff believes that the project meets the minimum
Precise Plan requirements and recommends approval.
fr;
Page 7, Item:
Meeting Date: 6/25/03
ATTACHMENTS
l. Locator Map
2, Landscape/Floor Plans/Elevations
3. Planning Commission Resolution PCM-03-31
4, Draft City Council Precise Plan Ordinance with Findings
Exhibit A: Tentative Parcel Map (14-unit Condominium Subdivision)
Exhibit B: Precise Plan Development and Operational Standards
5. Minutes of Design Review Committee Meeting June 2, 2003
6. Notice of Decision PCM-03-31 with Conditions of Approval
7, Application Documents with Disclosure Statement
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: JIM TRUSDALE PRECISE PLAN
PROJECT
ADORESS: 774 ADA STREET Request: Proposing a precise plan to construct 14
unit townhomes, each unit 1500'sfwith enclosed
SCALE: FILE NUMBER: 8' garage and (12) guest parking spaces,
NORTH .- No Scale PCM-03-31
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RESOLUTION NO. PCM 03-31
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION,
RECOMMENDING THAT THE CITY COUNCIL GRANT PRECISE PLAN PCM-03-
31, INCLUDING A DENSITY BONUS TO ALLOW FOR A 14-UNIT CONDOMINIUM
DEVELOPMENT IN THE R2P ZONE LOCATED AT 774 ADA STREET.
WHEREAS, a duly verified application for a Precise Plan zoning permit was filed with the City
of Chula Vista Planning Department on March 21, 2003 by Jorge Sanchez and Daniel Contreras for Jim
Truesdale Developments, Applicant; and
WHEREAS, said applicant requests permission to develop a 14 town house condominium
development, consisting of 2-triplex and 4-duplex buildings located at 774 Ada Street; and
WHEREAS, the Environmental Review Coordinator determined that the project was exempt
from the California Environmental Quality Act as a Class 32 exemption for infill developments on April
10,2003; and
WHEREAS, the Planning Director set the time and place for a hearing on said Precise Plan
zoning permit 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 and residents within 500-
ft, 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 advertised, June 25, 2003, at 6:00 p,m, in
the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was
thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented
at the public hearing with respect to subject application,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does
hereby recommend that the City Council approve Precise Plan PCM-03-31 in accordance with the
findings and development standards of the draft Precise Plan Ordinance and subject to the conditions
contained in the Design Review Committee's Notice of Decision,
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
CounciL
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 25th day of June, 2003, by the following vote, to,wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Russ Hall. Chair
ATTEST:
Diana Vargas, Secretary
n:
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING PCM-03-31 TO ESTABLISH
DEVELOPMENT STANDARDS AND APPROVING A 25
PERCENT DENSITY BONUS TO ALLOW FOR A 14-UNIT
CONDOMINIUM PROJECT IN THE R2P ZONE FOR
PROPERTY LOCATED AT 774 ADA STREET
I. RECITALS
A Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consist of 14 town homes and two triplex and four duplex buildings,
and located at 774 Ada Street ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on March 21, 2003, Jorge Sanchez and Daniel Contreras for Jim Truesdale
Developments ("Developers") filed a Precise Plan application with the Planning and Building
Department of the City of Chula Vista for a town home condominium project in the Residential
Two Family zoning district ("Project"); and
C Prior Discretionary Approvals
WHEREAS, the Design Review Committee meeting was scheduled and advertised for June 2.
2003, at 4'30 p.rn. in the Council Chambers, 276 Fourth Avenue at which time the Design
Review Committee voted 5-0-0-0 recommending that the City Council approve the Precise Plan
project based on the findings and subject to the conditions listed below, in accordance with the
Notice of Decision (PCM-03-31); and
WHEREAS, the Planning Commission held an advertised public hearing on the Project on June
25, 2003, and, after considering all reports, evidence and testimony presented. voted X-X-X-X to
recommend that the City Council adopt the ordinance approving the Project, in accordance with
site plan Exhibit "A" and the Development regulations shown in Exhibit "B" based on the
findings listed below; and in accordance with the Planning Commission Resolution (PCM-03-
31); and
D. Planning Commission Record on Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same; and,
1'1
Ordinance
Page 2
WHEREAS, the Planning Department set the time and place for a hearing on said Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 ft. of the exterior
boundary of the project, at least ten (10) days prior to the hearing; and,
WHEREAS, The proceedings and all evidence introduced before the Planning Commission at
the public hearing on this project held on June 25, 2003, and the minutes and resolution resulting
there from, are hereby incorporated into the record of this proceedings; and,
E, City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and
notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 ft. of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
F Discretionary Approvals and Ordinance
WHEREAS, at the same City Council meeting at which this Ordinance was introduced on July
29, 2003, the City Council of the City Of Chula Vista considered Ordinance for a Precise Plan
for a 14 town home condominium project known as Ada III.
II. NOW, THEREFORE, the City Council of the City Chula Vista does hereby find,
determine and ordain as follows:
A. Certification of Compliance With CEQA
The Environmental Review Coordinator determined that the Project was exempt from the
California Environmental Quality Act (CEQA) as a Class 32 exemption for infill developments
on April 10, 2003. The Planning Commission adopted Resolution PCM-03-31 including the
exemption from CEQA on June 25, 2003 recommending that the City Council approve the
Project.
B Independent Judgement of City Council
The City Council does hereby find that the environmental determination of the Environmental
Review Coordinator and the Plannmg Commission was reached in accordance with requirements
of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental
Review Procedures of the City ofChula Vista
C Precise Plan Findings
1. That such use will not under the circumstances of the particular case be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity:
clo
Ordinance
Page 3
The issuance of a precise plan will not 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 because the development of this 14-unit condominium project is characterized by
outstanding planning or urban design that will significantly improve the adjacent
neighborhood, surrounding community and general vicinity
The site plan layout provides for guest parking and common open space areas. The
architecture of the individual buildings is exceptional and the individual units incorporate
features found in well designed single-family homes, such as porch entries, open loft areas,
raised ceilings, kitchens with bay windows, large bedrooms and bathrooms, walk-in closets, a
study or den, laundry rooms, and ample storage space within the units adjacent to the two-car
garages.
2. That such plan satisfies the principle for application of the P modifying district as set
forth in CYMC 19.56.041:
Based upon the facts presented, Section 1956 041(C) would apply to this project because the
basic or underlying zone regulations do not allow the property owner and/or the city
appropriate control or flexibility needed to achieve an efficient use of the property and proper
relationship of the project to the uses allowed in the adjacent zones.
By strict interpretation, only six single-family dwelling units could be allowed on this
property according to the General Plan and Specific Plan land use designations of Residential
Low Medium (3 - 6 dwelling units per acre).
However, the adopted policy of the City Council for this area was that the R2P zoning
overlay would be consistent with the General Plan and Specific Plan, and therefore the
Zoning of R2P would allow for up to six duplex buildings for a total of 12 units utilizing the
P (Precise Plan) modifying district overlay zone.
In addition, the Montgomery Specific Plan allows for an additional 25 percent density bonus
for projects located within single-family designated areas if characterized by "outstanding
planning or urban design."
Therefore, in order to provide a 14-unit condominium project, flexible development standards
(such as the reduced front, side, and rear yard setbacks, reduced common and private open
space areas, reduced two-car garage dimensions, a reduced number of guest parking spaces,
and an increase in floor-area-ratio) need to be applied to the project in order to achieve an
efficient use of the property and a proper relationship of the project to the uses allowed in the
adjacent zones.
3. That any exceptions granted which may deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose and
application of the Precise Plan:
~(
Ordinance
Page 4
Exceptions to be granted which would deviate from the underlying zoning requirements are
the building setbacks, common and private open space areas, the allowable floor-area-ratio,
the two-car garage dimensions, and the number of guest parking spaces.
These deviations are appropriate because the proposed site plan and the design of the seven
two-story duplex buildings exterior architecture are exceptional and the individual units
incorporate features found in well-designed single-family homes.
The Design Review Committee approved the architecture, and the City Council concurs with
the Design Review Committee and the Planning Commission and finds that outstanding
planning and urban design characterize the project as proposed,
4. The approval of this plan will conform to the General Plan and the adopted policies of
the City Of Chula Vista:
Approval of the Precise Plan will be in substantial conformance with the General Plan Land
Use Designation of Low Medium Residential (3 6 dwelling units per acre) in that the same
land use designation was provided for on the Montgomery Specific Plan Land Use Map, and
the adopted policy ofthe City Council for this area was that the R2P zoning overlay would be
consistent with the General Plan and Specific Plan.
5. The approval of this plan will conform to the applicable sections of the Montgomery
Specific Plan
The 25 percent net density bonus as allowed by the Montgomery Specific Plan will add 2
units where only 12 units would normally be permitted, thereby providing more affordable
housing relative to the current housing market. The development will include two-car
garages for each unit, private yards and patios, sufficient guest parking and common open
space recreation areas, and may also be a catalyst for the potential redevelopment of this area
in the future, The City Council concurs with the finding of the Director of Planning and
Building that the project reflects outstanding planning and urban design and therefore is
entitled to a density bonus per the provision set forth in Montgomery Specific Plan.
D. Terms of Grant of Precise Plan
The City Council hereby grants Precise Plan PCM-03-31 for project depiction in Exhibit "A,"
and controlled by the Development and Operational Standards in Exhibit "B" and subject to the
conditions of approval found in the Design Review Committee Notice of Decision, which are
incorporated herein by reference.
E. Execution and Recordation of Resolution of Approval
The Developer shall execute this document by signing the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to the
conditions contained herein, Upon execution, this document shall be recorded with the County
Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant,
.,).~
Ordinance
Page 5
and a signed, stamped copy returned to the City Clerk and Planning Department Failure to
return a signed and stamped copy of this recorded document within ten days of recordation to the
City Clerk shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk' Office and known as
Document No.
Signature of Property Owner of 774 Ada Street
Date
Signature of Authorized Representative
Date
m INVALIDITY, AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event
that anyone or more terms, provisions or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed
to be automatically revoked and of no further force and effect ab initio.
IV. APPROVAL OF PRECISE PLAN
The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including
the property Development and Operational Standards for Ada III Town homes, as represented in
Exhibit "B," which is incorporated herein by reference.
V EFFECTIVE DATE
This ordinance shall take effect and be III full force on the thirtieth day from and after its
adoption
Presented by
Approved as to form by
Robert A Leiter
Planning and Building Director
Ann Moore
City Attorney
c23
Ordinance
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this the 29th day of July, 2003, by the following vote:
AYES
Councilmembers:
NAYS
Councilmembers:
ABSENT
Councilmembers:
Steve Padilla, Mayor
ATTEST
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No had its first reading at a regular meeting held on the 29th day of July 2003
and its second reading and adoption at a regular meeting of said City Council held on the _
day of 2003
Executed this _ day of _ 2003.
Susan Bigelow, City Clerk
J :\PLAN:>IIN(:\HAROLD\REsOLUTION,\PCM-fl3-31CCORD.DOl'
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Exhibit "B"
DEVELOPMENT AND OPERATIONAL STANDARDS
A. Development Standards
These development standards and regulations shall apply to the development of 14
condominium units within two triplex and four duplex buildings known as the Ada III
townhomes, This Precise Plan is intended to work in conjunction with the development
standards in the City ofChula Vista's Zoning Ordinance (Title 19).
Any information not shown within the Precise Plan should be referenced in the City of Chula
Vista Municipal Code Chapter 19,26 Residential Two-Family (R2P) zone.
Residential
I, Allowed Uses
Allowed uses shall be those that are identified in the R2P zone as permitted uses or
accessory uses,
2. Development Standards
The following development standards shall apply to all land and buildings within the
R2P zoning district. Dimensions and standards shown in Table I are allowed, Where
in conflict with the R2P zone development standards, the standards outlined in this
Precise Plan take precedence; where a particular item is not addressed in the Precise
Plan, the R2P zone development standards shall be used,
TABLE 1
Precise Plan
Develonment Standard for Townhomes
Lot Criteria
Lot area per unit (minimum): 3,000-sq. ft,
Lot coverage (maximum): 50 percent
Lot depth (minimum): 52 feet
Lot width (minimum): 32 feet
Floor Area Ratio (maximum): 60 percent
Unit A (4-units, includes garage): 1,980 sq, ft.
Unit B (8-units, includes garage): 1,788-sq, ft,
Unit C (2-units, includes garage): 2,083-sq. ft,
d.-(::,
Setbacks from drives and perimeter lot lines
Front yard (minimum): 4-ft.
Exterior side yard (minimum): 4-ft.
Interior side yard (minimum): O-ft,
Rear yard (minimum):
Units 4, 5, 6, 7, 8, 9, and 13: 5-ft.
Units 10, II, and 12: 10- ft,
Units 1,2,3, and 14: 15-ft,
Parkin!! 2-car garages
Units A & C (6-units): 420-sq, ft.
Interior dimensions: 20'-6" x 19'-10"
Minimum garage door opening: 16-ft,
Minimum depth and width
For one of two parallel vehicles: 17-ft, x 8.ft,
Unit B (8-units): 436-sq. ft.
Interior dimensions: 21 ',0" x 20'-0"
Minimum garage door opening: 8'-4" & 8'-4"
Minimum depth and width
For one of two parallel vehicles: 17-ft. x 8-ft.
Guest Parking (compact): 12 spaces
Minimum dimensions: 7-ft, x 15-ft,
Driveways: 20- ft,
Open space 27,945-sq, ft.
Private Usable (minimum): 350-sq, ft,
Per unit
Common Usable (one area): 2,250-sq. ft.
Fencin!! 6-ft.
Perimeter: Stucco wall
Interior: Wood fence
BuiIdinl! Hei!!ht 26- ft,
No accessory structures are Patio covers must
pennitted on lots with rear yards be less than
less than IO-ft. in depth: 300-sq, ft,
Notes: Table 1 figures are based on the infonnation on the Precise Plan
B. Operational Standards
I. Approval of this request shall not waive compliance with all sections of Title 19 of
the Municipal Code, and all other applicable City Ordinances in effect at the time of
building pennit issuance,
cJ...7
2, Buildings and Landscaping shall be maintained according to the approved plans
unless modifications are approved by the City ofChula Vista.
3, The driveway within the complex shall be designated and maintained as a private
roadway,
4, All onsite drainage facilities shall be considered private,
5, Improvements will not be pennitted within sight visibility area at the entrance per
City requirements.
6, This Precise Plan pennit shall be subject to any and all new, modified or deleted
conditions imposed after approval of this pennit to advance a legitimate
governmental interest related to health, safety or welfare which the City shall impose
after advance written notice to the Pennittee and after the City has given to the
Pennittee 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 Pennit
tee of a substantial revenue source which the Pennittee cannot, in the nonnal
operation of the use pennitted, be expected to economically recover.
7, Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
hannless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorneys' fees (collectively, "liabilities") incurred by the
City arising, directly or indirectly, ftom (a) City's approval and issuance of this
conditional use pennit, (b) City's approval or issuance of any other pennit or action,
whether discretionary or non-discretionary, in connection with the use contemplated
herein. Applicant/operator shall acknowledge their agreement to this provision by
executing a copy of this conditional use pennit where indicated, below,
Applicant's/operator's compliance with this provision is an express condition of this
conditional use pennit and this provision shall be binding on any and all of
Applicant's/operator's successors and assigns.
J :\PLANNING\HAROLD\OTHER\PCM-03-31 EXHIBITB.DOC
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Design Review Committee
Minutes
-3
DRAFT ,tq-rr;4CHMf3)JT'S
June 2, 2003
3
PCM-03-31
Jim Truesdale
774 Ada Street between Industrial Blvd, & Frontage Road, south of
Palomar Street, Chula Vista, CA
Precise plan for 14 town homes in 2 triplex buildinQs and 4 duplex
buildinQs, Each unit will possess 3-bedrooms and 3-bathrooms,
with 2-car QaraQes.
Staff Presentation:
Mr. Harold Phelps, Associate Planner stated that this project was the third project in a
series of three for a proposal of townhomes and was known as "Ada III". The project is
located in a residential area known as Harborside "B" in the Montgomery Specific Plan or
East Fairfield in the Southwest Redevelopment Plan. The 1-5 freeway to the west and the
Industrial Boulevard/MTDB Trolley Station to the east geographically define the
neighborhood. There was an existing house on the property that is dilapidated and was
slated for demolition,
Mr. Phelps stated although the General Plan and Montgomery Specific Plan designate this
area as single-family, there are pre,existing and two-family and multi-family developments
already located within the area, In addition, the redevelopment agency has located other
higher density affordable housing in this area utilizing the density bonus provisions
provided for by State Government Code, Being that the project is within a quarter mile
radius to the Palomar MTDB Trolley Station it also falls within a transit-oriented
development study area targeted by state legislation for smart growth
Mr. Phelps commented that the Precise Plan for "Ada III" is being requested to accomplish
the following:
1. An increase in density above what the zoning would allow per the Montgomery
Specific Plan provision for projects characterized by "outstanding planning or urban
design" which in this case would allow for 14 instead of the 12 town home dwelling
units;
2, Deviations to the underlying zoning with regards to required overall floor-area-ratio,
yard setbacks, private usable open space, two-car garage dimensions, and guest
parking spaces;
3. Provide one low-income rental or for sale condominium unit, in compliance with the
project being located within the Southwest Redevelopment Area.
Mr. Phelps reported that the elevations show that all the buildings are oriented to an
access driveway for both vehicular and front pedestrian entrances, A setback front door
area articulates the main entrances to each unit and thus the two car garages are
designed so that the minimum depth for one car space is reduced to 17-ft, instead of 20-ft,
Each unit has a private yard area, which varies in size, but all include a patio area to the
back of the unit.
Mr. Phelps stated that the proposed landscape plan has been reviewed and found to be
substantially consistent with the City's Landscape Guidelines with conditions of approval.
Accent trees and turf will mark the driveway entrances, guest parking areas and the
elevation facing Ada Street. The common open space areas include picnic areas and as a
J\HOME\PLANNING\ROSEMARIE\DRC\MIN-6-02-03
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Design Review Committee
Minutes
,4
DRA I:T
June 2, 2003
condition of approval a tot-lot will be included in the portion shown as a lawn area, A
decorative stucco wall will enclose the complex with wood fencing between the units,
Mr Phelps stated that staff believes that the findings can be made in support of the
deviations of setbacks and private open space areas, as well as the minor alterations to
the garage dimension, the compact guest parking, and the maximum floor area ratio for
the overall site based upon the design of the buildings.
Mr. Phelps commented that the applicant proposes to construct a 14-unit town home
project consisting of four duplex and two triplex buildings, Each unit will have three
bedrooms and three baths with a vaulted ceiling living room creating a loft effect within the
stairwells to the second floor hallways leading to the bedrooms, Each triplex or duplex
building will be a maximum 26-ft. in height, and will be enclosed by private fenced-in rear
yard areas that include patios.
Mr. Phelps reported that each of the elevations show a variety in horizontal and vertical
planes that utilize varying rooflines and fenestrations for the areas such as the porch
entries or bay windows. The roofing materials are mission style tile and the stucco
treatment will include variations of beige and tan colors which are shown on the material
board. The project will be consistent with "Ada I" and "Ada II" in terms of the building
design and open space amenities, The layout for the triplex and duplex buildings along
with the site layout are more interesting, and therefore staff believes that the project meets
the minimum Precise Plan requirements and recommends approval.
STAFF RECOMMENDATION:
Staff recommends that if the Design Review Committee determines that the project is
consistent with the City of Chula Vista Design Guidelines and the Montgomery Specific
Plan provisions for a density bonus, then recommend approval of the Precise Plan to the
Planning Commission and the City Council, subject to the conditions of approval.
COMMITTEE DISCUSSION:
Chair Morlon asked Mr. Garry Williams, the City's Landscape Planner, if he felt
comfortable with the landscape plans?
Mr. Williams responded that he was satisfied with the landscaping plans and the
conditions that were added to the report.
Member Alberdi asked if the Fire Department had requested that the building provide a
hammerhead or that it be sprinkled?
Mr. Phelps responded that in this case the applicant had the option of either providing a
hammerhead area or having the buildings sprinkled per the requirement of the Fire
Department.
Mr. Schmitz, Principal Planner, remarked that the applicant had been given these options
because the distance of the private drive that goes past the open space area was
approximately 1 DO-feet, unlike the G Street Condominium project where the depth of the
lot was 190-feet and the project was required to have a hammerhead area on site.
J'IHOMEIPLANNI NGIROSEMARIEIORCIMIN-6-02-03
30
Design Review Committee
Minutes
,5
DD ^ f:T
June 2. 2003
Member Alberdi commented that the G Street project was also a three-story building which
automatically required that the building be sprinkled,
Member Mestler stated that she had talked with Garry Edmonds, in the fire department
and he had explained that if the lot were more than 150 feet deep a hammerhead would
be required on site.
Member Aguilar commented that she noted that this project, as well as the "Ada I" project,
would be going for approval before the Planning Commission and the City Council
together and she wanted to say that she felt comfortable in making the findings that these
projects represented outstanding planning and urban design. Unlike the "Ada II" project,
these developments (Ada I and Ada III) have significant site amenities associated with
them landscape areas, picnic areas, and there was also quite a bit of separation between
the units themselves and they were oriented in different directions. Those features are not
applicable with the Ada II project.
Member Mestler understood that the density was zoned for 12-units, but wanted to clarify
if the DRC was also being asked to approved the two additional units?
Mr. Phelps stated that she was correct; the additional two units were over and above what
the zoning would normally allow. The only way that staff can allow these additional two
units is if the committee makes a finding through the Montgomery Specific Plan that the
project meets the criteria for outstanding planning and urban design.
Member Mestler asked if staff felt that this project was in this category?
Mr Phelps responded that staff believed that this project was a lot more interesting in
terms of the layout. In terms of the building design, it was the same as the other two
projects. It was staff's feeling that this project does meet a higher level of design than
some of the other duplexes that are on this street that have been developed strictly
according to zoning but are not architecturally interesting,
Chair Morlon stated that he felt the applicant had taken the shape of the land and made it
work for the project, so he would, therefore, make a motion that the DRC approve the
project as presented by staff including the two additional units to the project.
MSC (Morlon/Mestler) (5-0-0-0) to recommend the approval of PCM-03-31 project to
the Planning Commission and the City Council with the recommendations by staff
as stated in the staff report. Motion carried.
J :IHOMEIPLANN I NGIROSEMARIEIDRCIM I N-6-02-03
31
ATTACHMENT No. 6
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Design Review Committee
CllY OF
CHULA VISTA
NOTICE OF DECISION
On PCM-03-31
Notice is hereby given that the City of Chula Vista Design Review Committee has considered
PCM-03-3l, a request to develop 14 town house condominiums in two triplex and four duplex
buildings,
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has deterruined that the project qualifies for a
Class 32 categorical exemption pursuant to Section 15332 (urban in-fill developments) of the
State CEQA Guidelines,
The Design Review Committee approved said request based upon the following findings of
facts:
1. That the proposed development is consistent with the development regulations of the
R2P (Two-Family Residential with a Precise Plan) Zone, the Montgomery Specific Plan,
and the Environmental Review.
The two-family residential zoning allows for two units per 7,OOO-sq. ft. of lot area, A 25
percent density bonus above that is warranted based upon the provisions for such an increase
in density in the Montgomery Specific Plan because "outstanding planning or urban design"
characterizes the project.
If the Precise Plan is approved, the development will possess its own development standards
under the Precise Plan but will otherwise conforru to the R2P zone and will be consistent
with the zoning regulations and the Montgomery Specific Plan,
The project was deemed exempt from environmental review as a Class 32 (urban infill
developments) exemption from CEQA,
2. The design features of the proposed renovations are consistent with, and are a cost
effective method of satisfying, the City of Chula Vista Design Manual and Landscape
Manual.
The proposed development, which consists of 14 town home condominium units contained
within two triplex buildings and four duplex buildings, along with a common open space
recreation area, 12 guest parking spaces, and private rear yard areas for each unit will be
consistent with, and are a cost effective method of satisfying the multi-family residential
design guidelines found in the Chula Vista Design Manual and Landscape Manual.
3:1..
NOTICE OF DECISION
PAGE 2
The Design Review Committee hereby approves the design of Precise Plan PCM-03-31, subject
to the following conditions:
1. Prior to the issuance of any permits required by the City of Chula Vista for the use of
the subject property iu reliance on this approval, the applicant shaIl satisfy the
foIlowing requirements:
Planning and Building Department Conditions:
A. The City Council must adopt Precise Plan PCM-03-31 for project depiction in Exhibit
"A", and controlled by the Development Regulations in Exhibit "B,"
B. The following items shall be submitted for approval by the Director of Planning and
Building and/or the City Landscape Planner:
I, A revised site plan and/or building elevations incorporating all conditions of
approval including the following:
a, Provide a "tot-lot," including playground apparatus to be incorporated
within the common open space area shown as a lawn area adjacent to the
barbeque area;
b, Provide a paving plan showing the pattern, style and color of enhanced
paving material, and label the guest parking as "compact" parking spaces;
c. Details about the trash and recycling enclosure masonry walls and gate
control system as required by Pacific Waste Company;
d. Details about the proposed lighting in the common opens space areas and
on each building elevation,
2, If necessitated by changes to the site plan, submit a revised Conceptual
Landscape Plan for review and approval by the Landscape Planner:
a, Provide concrete mow curbs per City standards separating turf areas from
shrub areas;
b, The landscape plan plant palette must reflect indigenous plant material
approximately 25 percent of the planting palette used on this project shall
represent a "Southern California style;"
c. Replace the palm species used at the project entry with specimen multi-
trunk accent trees, The palms may be used in combination with the accent
trees. Flowering and multi-trunk species are encouraged;
d. Provide more layering of shrub masses and articulation in the entry
landscape design;
e, Provide street tree selection compatible with the existing street tree
program on Ada Street approved by the City arborist.
3, After approval of the revised Conceptual Landscape Plan, provide a detailed
Planting and Irrigation plan for review and approval by the Landscape Planner:
a, Provide a minimum palm height of lO-ft, to 12-ft. brown trunk;
3)
NOTICE OF DECISION
PAGE 3
b, No roof drains shall empty into planter areas, All down spouts shall be
connected to sewer and not cross any planted areas or driveways, as an
incorporated design Best Management Practice (BMP),
4, A Water Management Plan and a Fencing Plan shall be provided in conjunction
with either the Conceptual Landscape Plan or the Planting & Irrigation Plan:
a. Provide a detailed trellis structure design for staffreview and approval for
the trash enclosure design;
b. Fences and walls shall comply with the city's sight visibility requirements,
All privacy fencing shall be 6-ft, in height. Walls and fences exposed to
public view shall be painted to complement the buildings, This includes
the automatic steel gate, All freestanding, walls and fences shall be a
decorative type, Specify the wall type, color and materials to be used on a
fencing plan to be submitted for final review and approval by the zoning
administrator.
5, Lighting for the facility shown on the site plan shall be in conformance with
Section 17.28,020 ofthe Municipal Code:
a, A lighting plan shall be provided that includes details showing that the
proposed lighting shall be shielded to remove any glare from adjacent
properties,
C, Comply with all requirements of the Building Division including the following:
l. Submit architectural plans that are stamped and signed by a licensed architect.
Plans shall include a site plan and building elevations that are consistent with the
precise plan's approval.
2, Structural plans and calculations must be stamped and signed by a California
Registered Civil/Structural Engineer.
3, Project shall comply with 2001 CBC, CMC, CPC, and CEC.
4, Project shall comply with 2001 ADA and Title 24 Energy requirements.
5, Plans shall indicate type of occupancy.
D, A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted for any building and wall plans and shall be reviewed and approved by the
Director of Planning & Building prior to the issuance of building permits, Additionally,
the project shall conform to Sections 9.20,055 and 9,20,035 of the CVMC regarding
graffiti control.
E, Conditions, Covenants, and Restrictions (CC & R's) shall be provided for review and
approval by the Planning Department. The document shall be reviewed and approved to
the satisfaction of the Planning and Building Director prior to recordation of the Precise
Plan.
3V
NOTICE OF DECISION
PAGE 4
Resource Recycling and Conservation Coordinator Conditions:
F, The locations and orientation oftrash enclosures must be approved by the franchise trash
hauling company, with sufficient space for designated recyclables. The enclosures bins
and/or containers must meet the design specifications of the City Conservation
Coordinator. Please contact at 691-5122 for more information.
Fire Department Conditions:
G. Prior to issuance of building permits, submit information verifying the mInImUm
available fire flow of 1000 gallons per minute at 20 pounds per square inch for two
hours, Provide either a hammerhead or cul-de-sac for fire trucks on site, or provide 13D
fire sprinkler systems for the rear two duplex buildings (units 6, 7, 8, and 9). Show one
fire extinguisher box with extinguisher for every building, and provide fire lane striping
on all driveways. A fire hydrant may be required in front of the project.
Engineering Department Conditions:
H. The following fees will be required based on the final building plans submitted:
L Sewer Capacity Fees;
2, Traffic Signal Fees;
3. Public Facilities Development Impact Fees,
I. A Tentative Parcel Map and Final Parcel Map shall be required in order to create the 14-
condominium unit/one lot condo map,
J. Grading permit will be required, A drainage study and geotechnical/soils study are
required with the first submittal of grading plans together with calculations for the
proposed drainage system,
K. The Engineering Division will require the applicant to obtain a construction permit to
perform any work in the City's right-of-way or future public sewer easements which may
include, but not limited to:
I, Driveway approach per Chula Vista Design Standards; if installing an alley type
driveway, add ADA pedestrian ramps per City Standards.
2. Installation of one 150W HPSV Street Light on Ada Street, at the east property
line,
3, Installation of an 8-inch public sewer with manholes built to City Standards along
the main driveway, Improvement plans for the public onsite sewer system is
required,
4. Construct a driveway for the public sewer to H20 wheel loading standards, A six-
inch thick PCC driveway over four-inch approved base material is an acceptable
structural section, Grant a public sewer easement along said driveway on the
Final PaTcel Map,
5, Additional conditions of approval may be required upon submittal of the
Tentative PaTcel Map,
3~
NOTICE OF DECISION
PAGE 5
L. A two-foot right-of-way dedication is required along Ada Street, for a half street width of
twenty-eight (28) feet prior to submittal of the Tentative Parcel Map,
M, The applicant is required to complete the applicable Fonns (see Manual) and comply
with the City of Chula Vista's Stonn Water Management Standards Requirements
Manual.
N. The applicant is required to implement Best Management Practices (BMPs) to prevent
pollution of the stonn water conveyance systems, both during and after construction.
Pennanent stonn water requirements shall be incorporated into the project design, and
shall be shown on the plans. Any construction and non-structural BMPs requirements
that cannot be shown graphically must be either noted or stapled on the plans.
0, The City of Chula Vista requires that all new development and significant redevelopment
projects comply with the requirements of the NPDES Municipal Pennit, Order No, 2001-
01, According to said Pennit, all projects falling under the Priority Development Project
Categories are required to comply with the Standard Urban Stonn Water Mitigation
Plans (SUSMP) and Numeric Sizing Criteria,
p, Development of the project shall comply with all applicable regulations, established by
the United States Environmental Protection Agency (USEP A), as set forth in the National
Pollutant Discharge Elimination System (NPDES) pennit requirements for urban runoff
and stonn water discharge, and any regulations adopted by the City of Chula Vista
pursuant to the NPDES regulations and requirements, Further, the applicant shall file a
Notice of Intent (NOI) with the State Water Resource Control Board to obtain coverage
under the NPDES General Pennit for Stonn Water Discharges Associated with
Construction Activity and shall implement a Stonn Water Pollution Prevention Plan
(SWPPP) concurrent with the commencement of grading activities, The SWPPP shall
include both construction and post-construction pollution prevention and pollution
control measures, and shall identify funding mechanisms for the maintenance of post-
construction control measures,
Q, The applicant is required to identify stonn water pollutants that are potentially generated
at the facility, and propose Best Management Practices (BMPs) that will be implemented
to prevent such pollutants from entering the stonn drainage systems,
R. A water quality study will be required to demonstrate compliance with the requirements
of the National Pollutant Discharge Elimination System (NPDES) Construction and
Municipal Pennits, including Standard Urban Stonn Water Mitigation Plans (SUSMP)
and Numeric Sizing Criteria requirements, with the first submittal of
grading/improvement plans, in accordance with the City's Manual.
3~
NOTICE OF DECISION
PAGE 6
S. The applicant may be required to obtain coverage under the NPDES General Industrial
Permit. The applicant is directed to contact the California Regional Water Quality
Control Board, San Diego Region for any enquires in this respect.
Police Department Conditions:
T, The proposed development shall participate in the Crime Free Multi-Family Housing
Program prior to issuance of building permit. Contact the Crime Prevention Unit at 691-
5127 for more information,
Housing Division Conditions:
U, The proposed development requires that the developer enter into an owner participation
agreement (OPA) with the City Council, and as part of the Southwest Redevelopment
Area shall participate in the affordable housing program of the City. A minimum of 15
percent of the units (1 unit) shall be designated to be rented or sold within the prescribed
price range for a low-income household, Contact the Housing Division at 585-5722 for
more information.
Outside Agency Conditions:
V. Applicant shall contact the Chula Vista Fire Department about required fire flow
requirements and submit a letter to the Sweetwater Authority stating the requirements,
The Authority will determine if there is a need for new or substantial alteration to the
existing water systems, as well as the availability of water for operational and fire
protection purposes, All fees and deposits shall be provided at the building permit stage,
W, The applicant shall contact the Sweetwater Union High School District and the Chula
Vista Elementary School District to determine the school fees and/or Community
Facilities District (CFD's) that the project shall be included into in addition to the school
fees that shall be paid prior to issuance of the building permit.
37
NOTICE OF DECISION
PAGE 7
2. Prior to use or occupancy of the property in reliance on this approval, the following
requirements shall be met:
A, The site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, exterior materials and colors, landscaping,
sign program and grading on file in the Planning Division, the conditions contained
herein, Title 19, and the Montgomery Specific Plan,
B, Prior to any use ofthe project site and/or business activity being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the Planning Director.
C, All landscape and hardscape improvements shall be installed in accordance with the
approved landscape plan and the comments of the City Landscape Planner.
D, All ground-mounted utility appurtenances such as transformers, AC condensers, etc"
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berrning, and/or landscaping to the
satisfaction of the Planning Director.
E, All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets as required by the Planning Director. Such screening shall be
architecturally integrated with the building design and constructed to the satisfaction of
the Planning Director. Details shall be included in building plans,
F, A fire flow of 3,000 gallons per minute for duration of three (3) hours must be provided.
The back flow preventor shall be screened from view, and the Fire Department
connection shall not be located with the back flow preventor.
G. A fire hydrant shall be installed in the front of the proposed development. If at anytime a
motorized gate is installed it must be provided with an Opticom system and Knox key
switch for fire department entry, Provide a visible address to be seen from the main
access road,
H, A 150-watt streetlight shall be installed at the westerly side of the property frontage on
Ada Street to the satisfaction ofthe City Traffic Engineering Section.
L Applicant shall obtain a security survey from the Crime Prevention Unit of the Police
Department for specific recommendations on access control, surveillance detection, and
police response prior to issuance of certificate of occupancy,
J, The Precise Plan design approval shall expire if building permits are not issued or the
approved use has not commenced within one year from the date of this approval, unless a
written request for an extension is received prior to the expiration date.
3?
NOTICE OF DECISION
PAGE 8
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Developer shall execute this document by signing the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to the
conditions contained herein, Upon execution, this document shall be recorded with the County
Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant,
and a signed, stamped copy returned to the City Clerk and Planning Department. Failure to
return a signed and stamped copy of this recorded document within ten days ofrecordation to the
City Clerk shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building perruits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk' Office and known as
Document No,
Signature of Property Owner 774 Ada Street
Date
Signature of Representative
Date
PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE
CITY OF CHULA VISTA, CALIFORNIA, the 2nd day of June, 2003, by the following vote, to-
wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
John Schmitz, Zoning Administrator
Rosemarie Rice, Design Review Committee Secretary
J :\PLANNINGIHAROLD\RESOLVTlONS\PCM-03-3INOD.DOC
31
..
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J ,,~{lt-
:. ~_ _ CITY OF CHULA VISTA
,'.- ~ - Planning & Building Department
.\t~iOFi 27~FoUrtjJ.Avc:nuc
, },~MS[,\?{#@9)69)7S10J;::;t~~
\~"'i ~!\imYPEiOF:f{EYIEW~REQUES'FED;(Check;,c)ne
Development Processing
Application Form - Type A
Page One
., ,
.0 Conditional Use ~rITvt"
(staff use onM \ Case No.:
FlUng Date: 3\ 2.0 \0 ~ By: \-\ A
Assigned PJanneri., 1,-\0<'0\6 Q"'...~~,,>
Receipt No.:~- 60.9>"'':10 ~
ProjectAcct:~~ Eb'1
DeposltAcct:_{)~- ~
Retated Cases: -
. . 0 ZA ,'. Public Hearing
',"', t. '
DNoriance
.,..' "";i"
. _Design Review
.' 0 SPeCial Land ~ ~rmIt ~Afeas Only)
',y) ,'~:1!;'"," ,.,.' :. .' -J"" ',", '-0'1".. ,..;-, ,,;'''. ' . .~
',~,V.,,~:(' f?(C@e'l ~~ tfF~~,)
.' ~.1"i;o"".:!"'."~ .,.... ......, .' .'.. ,.' ,- V
'j, ':APRLICANT'INFORMATION"
. APPlicant Name
,",,',d'
~ .' c"" '
Applicant Address
".,-
~
C-o/2..01Vt7 00 C4. 7-/ /
If applicant Is not owner. owners authoriZation
o OptIon to purchase Is required to process request. See slgna1ure
on I'cge Two.
Phone No.
b ( 7' ~,l2 0 ~ (, c;.C)
Applican s Interest in Property
~ 0 lease 0 In Escrow
/
;,GENERAL PROJECf DESCRIPTION (for aU
Project Name Proposed Use
A . L.;4 50 LLL 12. <5"
~ Qescrip1ion of Proposed Project
'~.. (pk3Cfseuse Append/XA to pIOY/de a fun deSc::ripnon and Justfflcafion tor the project)
.. . i-P~c::>fJ()~/ -v & . T= 8' vi C/O / t./- 7~tJlA_J/'" 0""''--:::>
OF A-BO\.JTI/ '7 DO ~t< FT ~A it;/B--vc..0~U'=
j,i ,.,<:1-
. I Has a 'ieprese.nlollve,' a11endeQ a Pr~prlCaIion Conference to discuss this project? 'I P S '
If so. what was the date? ~;rl \o'? Pre-App No.: '112. D '=',-\0"
J,;) SUBJECT PROPERTY INFORMATION (for all types) I
ress
(If applicable)
IK applicable)
-
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Is this in Montgomery .F!,
'--r(:::r
FORM A.DEV PI. (A/IGE 1 OF 2)
12/99
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---:
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CITY OF CHULA VISTA
Planning & Building Department
276 Fourth Avenue
(619)691-5101
Development Processing
Application Form
Page Two
01Y OF
CHUlA VISrA
(staff use onlY)
Case No.:
PROPOSED PROJECT (all types)
!
iType of Use Proposed Landscape Coverage (% o~LotL
i
I . esidential 0 Comm. 0 Ind. o Other Building Coverage (% of Lot)
I RESIDENTIAL PROJECT SUMMARY
IType of Dwelling Unit[s) Number of lots
I
INO.o
,
i
I
i
i
I
3- Z. 0/0
~(.,.. %
r '.J
(
/
Existing
o
o
o
b
oposed
/z
I1<in
3D
:3 500
t
Type of Pal1<ing (size: whether co.>efedJ
G.-8 e..uc.-LD'7(JD
}z 0,::76-U
Required by Code: -z.. 9
i Provided: 0
iOpen Spoce Description (Acres each of private, common, and landscaping)
I
I '
,
NON-RESIDENTIAL PROJECT SUMMARY
Proposed
Existing
!
iHours of Operation (Days & Hours)
I
,
I
I
iAnticipated Total # Employees
i
iPal1<ing Spoces Required
I
I
,
SpocesProvided
Type of pal1<ing (size)
I ren (~ a,,,;x,CCbleJ
ren (~ a;opIJcOOIeI
:;-'20-03
Date
Owner Sign
(Required If Applicant is not ONner)
. Letter of owner consent may be used in lieu of signature, Y1
FOI?MA.A<\GE2OF2 11r99
.3 - CO ---0 .s
Date
Appendix A
PROJECT NAME:
PROJECT DESCRIPTION AND JUSTIFICATION
A-.t?A- v1 U _..>1~ '()r
APPLICANT NAME: ( j p r-t ~ 7 T A- v IS':::' DA L t-,r
Please describe fully the proposed project, any and aU 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 aU Conditional Use Permits or Variances, please address the required "Findings" as
listed in listed in the Application Procedural Guide.
Description & Justification,
LUG' A t?- ~
) qUI\) I 7
r-'^O fJ 0 ~ ) -"LJ 6 70
BUI L 0
To c.u --u no A.( c- ~
7/10U&GI
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00 u?L ~ 'X
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"J9 /rJZ I p{ c '></ <::S AC/G.
b"L-- A.- 600) )./ 50 G'
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tLI / (I.... -g. (::,'
<70
FT
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~LA '-7 {9; /' oU-V C> -4/1... <.::;'/-1 / 6>- U b s~?.A /'LIe., '-<..> b
6f80Y..--(,.J A- /1 (:)'4 F O^- Ly"t -u p ~GYi LJu
)f..-uf) .<::l-- &nTc A'i/7!IL: /::y,uT^'7',
"
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Appendix B
THE CITY Co. CHULA VISTA DISCLOSURE STATE.lvIENT
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.
vi ~ A.r- 10 '? 7.n u e S r?/~ L G
"
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,
,ru)
/
,,~
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.
yV) h
/
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 _ N~
If yes, please indicate person(s): ~/e<L- ~
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,
/I..--;
1-1 ((. -"",.v D 6;- /LO \ \ p A-LG 1-6 (TbC,f .5
,D"Lv, t: L("'-07A"",11- A ') A./t.CJI. 17 &CI
. 6, Have you and/or your officers or agents, in the aggregate, contributed
Councilmember in the current or preceding election period? Yes No
Councilmember(s):
more than $1,000 to a
If yes, state which
/1
contrac r/applicant
(/-'I./)} I' ( (D.-u -; YL6 J1--9....)
Print or type name of contractor/applicant
'J
(NOTE: ATTACH ADDITIONAL PAGES AS'NE
,
Date:
~-1'6-0~
)
* Person IS defined as: ''Any indIvidual, firm, co-partnership, joint venture. a.ssociation, social club.freaterna/ organ~allon, corporation.
estate, trust, receiver. syndicate, this and any other county, city Qnd counrry, city municipality. district, or other political subdivision. or am'
other group or combination acting as a unit. "+3 .
APPENDIX C
(lof3)
DEVELOPMENT PERMIT PROCESSING AGREEMENT
Permit Applicant:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
0~,e'\. (( ,,,\'e,Q s.
'13'-\ ~""c.\N.m <:'.o1Zot>ADC> CR 0,'2..\\';'(
"2.-000 -
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,
'-IV
"
APPENDIX C
(20f3)
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 othe~ise 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 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.
y.-<("
APPENDIX C
(300)
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 obje.cted 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,- I 'i3
-
)v0~
~
0'1.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By:
L/"
Dated:
/
By:
"
'+0
ADA Development Inc,
734 Jacinto Place
Coronado, CA 9211S
To: City ofChula Vista
This letter is to advise that Jorge Sanchez has full authority to make any and all decisions
concerning my properties in Chula Vista, These properties include 777 Ada Street, 774
Ada Street and 815 Ada Street. Should you have any questions, I can breached 619)
435-8600,
J------------
. DAVID R. HAMMel
_ Commlaaion. 1306895 ~
Notary Public - CaJlfDmla I
San Diego County -
MyComm.l'Jcpi.....hJn2.2005
'-17
(5)fE~fEnwfErm
UllI JUN 1 1 2003 lW
PLANNING