AGENDA
ITEM
8 AGENDA STAFF REPORT
DATE: February 16, 2022
TO: Mayor and City Council
APPROVED BY: Miguel Figueroa, City Manager
PREPARED BY: Lisa Tylenda, Planning and Building Services Director SUBJECT: Second Reading and Adoption of Ordinance No. 1223 - An Ordinance Adopting a Zone Change from RC (Residential Condominium) to RA (Residential Apartment) and General Plan Amendment with Conditions of Approval in "Exhibit A" for the Following Assessor Parcel Numbers: 058- 180-080, 058-180-081, 058-180-082, 058-180-084, And 058-180-085 Located Within the City of Calexico; and Certification of an Updated Mitigated Negative Declaration for the Proposed Zone Change/General Plan Amendment for the Proposed Remington Apartment Project ======================================================================= Recommendation:
City of Calexico staff requests that the City Council approve the second reading and adopt the Zone Change and General Plan Amendment from RC to RA and adopt the updated Mitigated Negative Declaration for the Proposed Remington Apartment Project which would all for new development of approximately 180 apartments. Staff recommends approval of the proposed development. Approval of the ordinance would assist the City in reaching its Regional Housing Needs outlined within the Housing Element.
Background:
First Reading was conducted and approved on February 2, 2022 by the Calexico City Council.
The proposed site was subject to previous development effort that was approved in 2008. The previously proposed project was not initiated due to traffic mitigation requirements that were not feasible for the developers in 2008. The proposed project is tiering off an initial study and mitigated negative declaration that was prepared in 2008 and an updated traffic study has been prepared for the newly proposed development in accordance to California Environmental Quality Act.
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AGENDA
ITEM
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Reming t o n A p a rtm e nt Proje c t- UA 2 0 2 0 - 01
Discussion & Analysis:
The applicant is proposing the new construction of 180 new residential apartments that will be distributed among three total residential buildings. Two buildings will be 3-story and one building will be 2-story. Lot 1, 2, and 3 are roughly 2.5 acres. Parcel 4 is proposed to be a Public Park/ Retention Basin, and lot 5 will be an HOA lot for the Remington Condominiums and will be owned by a private party with whom Chelsea Investment has an option agreement to purchase. The apartments will be constructed in Phases, in which there will be a total of three buildings each composed of sixty apartment units. There will be a permanent onsite apartment manager and the apartment complex will offer various amenities. Please see attached project summary provided by the applicant.
The applicant is requesting a zone change and general plan amendment from the current zoning of RC (Residential Condominium) to RA (Residential Apartment) to allow for the construction of the proposed residential development complexes for affordable housing within the City of Calexico.
Fiscal Impact:
No impact on the General Fund.
Attachment(s):
1. Ordinance and conditions of approval outlined in Exhibit A. 2 ORDINANCE NO. 1223
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALEXICO APPROVING A
ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM RC (RESIDENTIAL
CONDUMINIUM) TO RA (RESIDENTIAL APARTMENT), AND ADOPTION OF AN UPDATED
MITIGATED NEGATIVE DECLARATION, AND CONDITIONS OF APPROVAL FOR THE
TENTATIVE MAP AND REMINGTON APARTMENT PROJECT ON ASSESSOR PARCEL NUMBERS: 058-180-080, 058-180-081, 058-180-082, 058-180-084, AND 058-180-085
LOCATED WITHIN THE CITY OF CALEXICO
WHEREAS, Chelsea Investors has filed an application to rezone pmiions of the Remington Tentative Map Project Area from RC, Residential Condominium to RA, Residential Apartment; and WHEREAS, the City Council is authorized by Government Code Section 65850 et seq. to establish or amend a zoning classification by approval of an ordinance; and WHEREAS, the Planning Commission at its meeting of November 30, 2021, held a duly noticed public hearing to consider the zone change application, and recommended approval of the requested zone change to the City Council; and
WHEREAS, public notice of this public hearing has been given, and the City Council has considered evidence presented by the Planning and Building Services Department and other interested paiiies at the 1st reading during a public hearing held with respect to this item on January 19, 2022; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds the facts recited above are true and correct and incorporates them herein by this reference.
SECTION 2. The City Council finds and determines that the Final Environmental Impact Report is adequate and complete and was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA).
SECTION 3. The City Council has considered and granted an amendment to the City's General Plan to establish land use designations and land uses more in character with the proposed Project.
SECTION 4. That in accordance with State Planning and Zoning law and the City of Calexico requirements, and based on substantial evidence in the record, the City Council agrees with the recommendation of the Planning Commission and approves the Proposed Zone Change to designate the following Assessor Pai·cel Numbers: 058-180-080, 058-180-081, 058-180-082, 058-180-084, AND 058- 180-085. The City Council makes the following findings for the approval of the proposed Zone Change:
3 1. The proposed zone change is in the public interest, health, safety and welfare.
The proposed Zone Change is in the public interest, health, safety and welfare because the growth patterns of the City support additional residential developments as outlined within the Housing Element.
2. The proposed zone change will not be (a) detrimental to the health, safety, comfo1t or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or (b) injurious to the property or improvements in the neighborhood or within the City.
The proposed Zone Change has been analyzed relative to its potential to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed Zone Change. Staff concluded that the project does not propose land uses, densities, or development patterns that will jeopardize the health and safety of the persons residing or working within the neighborhood of the property, therefore, health, safety, and welfare will not be degraded as a result of this project.
3. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan, as amended, and the development standards established with the Calexico Municipal Code (CMC).
The proposed rezoning is compatible ·with the General Plan, as amended, and it fitrthers the goals, objectives, and policies of the General Plan by proposing a land plan that will regulate fi1ture development of diversified and varied residential needs and uses within the City of Calexico.
1) Land use distribution should create patterns which organize land uses in order to maximize compatibility with adjacent land uses.
2) Land use patterns and population should be consistent with the capabilities of existing and planned public.
3) Appropriate densities shall be established for new development projects so that they will be compatible with surrounding developments.
4) Commercial land uses that are balanced in regard to size and distribution of goods with the current and future needs of the city should be encouraged. 5) New urban development shall be adjacent to existing urban developments. 4 SECTION 5. The City Council hereby approves the proposed Zone Change and upon the effective date of this Ordinance, the Official Zoning Map of the City shall be amended to reflect the Zone Change approved.
SECTION 6. The paiiies are hereby info1med that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the Code of Civil Procedme and Sections 65009 and 65860 of the Government Code.
SECTION 7. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining po1iion of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional or invalid.
EFFECTIVE DA TE: This Ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this Ordinance and cause it to be published as required by law.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Calexico on the 19111 day of Janumy 2022 and
THEREAFTER ADOPTED at a regular· meeting of the City Council of the City of Calexico, California, on the day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAVIER MORENO, MAYOR
ATTEST:
GABRIELA T. GARCIA, CITY CLERK
5 "EXHIBIT A"
Conditions of Approval
for
UA 2020-01
APN: 058-180-080, 058-180-081, 058-180-082, 058-180-084, and 058-180-085 Tentative Map, Planned Unit Development, Zone Change, General Plan Amendment, Updated Mitigated Negative Declaration, and Conditions of Approval for the Remington Apartment Project
Ordinance No. 1223
Chelsea Investments
1. The Tentative Parcel Map, Zone Change/General Plan Amendment RC to RA, Planned Unit Development, and Updated Mitigated Negative Declaration UA 2020-01 is recommended for approval and subject to the conditions of approval, subject to final review and approval by the Planning and Building Services Department.
2. This Tentative Parcel Map approval shall be effectuated within a period of two years of the date of City Councils final approval date. 60 days prior to the expiration date the applicant may apply for an extension not to exceed three years.
3. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer's expense.
4. Utility Companies: The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.
5. Fees: It is the responsibility of the owner/developer to contact all outside agencies and pay applicable fees associated with this project.
6. This approval does not vest Landowner's rights regarding the payment of any development impact fees, school fees, exactions and dedications, processing fees, inspection fees, plan checking fees or charges, or any other fee or charge that could have been legally imposed by the City when the original application was deemed complete. All fees and charges shall be paid at the rate in effect at the time such fees are customarily due.
7. All ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the project and public 6 improvements to be constructed by the Developer shall be those in force and effect at the time the applicable plan or permit approval is granted.
9. This approval shall not preclude the application to development of the property of changes in City laws, regulations, plans or policies, the term of which are specifically mandated and required by changes in Local, State, or Federal laws or regulations.
10. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, Planning Commission and/or City Council as affirmed to by the applicant. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation by the Planning and Building Services Director.
11. The applicant shall secure and comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.
12. The applicant shall comply with all regulations and code requirements of the Planning and Building Director, City Engineer, Building Official, Fire Chief, the Police Chief and any other agencies requiring review of the project. If required, these agencies shall be supplied copies of the final maps, site plans, public improvement plans, grading plans, and building plans.
13. Site development plans shall be in substantial conformance to the approved tentative map/site plan and must be submitted, in English units, to the City Engineering Department for review and approval. Maps shall be prepared, wet signed and sealed by a civil engineer, land surveyor, or architect registered in the State of California and licensed to prepare final maps and/or site development plans.
14. The applicant shall take all necessary measures to ensure that his activities or those of his agents do not result in measurable erosion of soils on the site, either wind or water, during the construction and operation of the project covered by this approval.
15. Should the project be found, at any time, not to be in compliance with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than specified in the Application or Supporting documents or presentations to staff, Planning Commission or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.
16. With respect to any claim, action of proceeding against the City, its officials, employees or agents relating to the action or inaction of the City in reviewing, approving or denying entitlements of any type, the Developer agrees to indemnify, hold harmless and defend the City and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or 7 omissions by Developer or Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Project. Developer agrees to indemnify, hold harm less and defend the City and its officers, agents, employees, and representatives from any and all actions for damages caused or alleged to have been caused by Developer's activities in connection with the Project. This Agreement applies to all damages and claims for damages suffered or alleged to have been suffered arising out of or in connection to any and all Project operations, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project.
17. All activities undertaken in accordance with this approval shall comply with the City's General Plan and Municipal Code. In cases of confl ict between the City's Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows:
1) Municipal Code regulations; 2) project-specific conditions; 3) standard conditions.
18. The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees, habitat conservation fees and other public entity fees in effect at the time of the issuance of the applicable permit.
19. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.
20. Landscaping submitted with the improvement plans shall be reviewed and approved by the Planning and Building Services Department.
21. Project development shall adhere to the development standards of the approved Planned Development (PUD 21-01).
22. All improvements shall comply with the City of Calexico Standard Plans and Specifications.
Improvement plans shall be submitted to the City Engineer for approval. An encroachment permit is required for all work within the public right-of-way.
23. Developer shall provide easements, requested by the respective utility companies, within the subdivision and shall show said easements on the final subdivision map. Any existing facilities within or adjacent to the Project that are affected by this Project shall be relocated and placed underground at the Developer's expense.
24. Developer shall dedicate tentatively a ten-foot (1 O') wide public utility easements on all street frontages for underground facilities and appurtenances, upon approval and recordation of the Final Parcel Map. Any changes to the easement dedication must be submitted to the Planning & Building Services and Public Works Departments of the City of Calexico.
25. During all construction phases, Developer shall comply with City Laws regarding dust control.
Developer shall also comply with the Imperial County Air Pollution Control District Regulations 8 (Fugitive Dust Prohibitions) in an effort to reduce the amount of fine particulate matter (PM10) entrained into the ambient air from man-made sources.
26. Prior to the start of construction, all survey monuments that have the possibility of being damaged, destroyed or covered over during the course of construction for this project, shall be located and referenced by a licensed land surveyor and a corner record or record of survey shall be filed with the county surveyor. Survey monuments which are damaged, destroyed or covered over during the course of construction must be re-set at the original location with a new monument and monument box and another corner record or record of survey shall be fi led with the county surveyor. All work in this cond ition shall be done by a licensed land surveyor.
27. Prior to approval of a building permit for development within the Tentative Map area the following shall be submitted by the developer and approved by the Public Works Department: a.
On-site grading and drainage plan, b. On-site utility (sanitary sewer, water and storm drain) plan, c. Off-site improvement plan, d. Joint Trench Intent plans, e. Erosion control plans, and f.
Documentation, as required in the Post-Construction Stormwater Standards Manual. The plans specified in (a), (b) and (c) above shall be prepared by a Registered Civil Engineer. Joint trench plans shall be included in the Improvement Plans and shall be reviewed for conflict identification with other improvements. Joint trench installation shall be per the direction of the City Engineer.
28. All residential address numbers shall be plainly visible from the street fronting the property.
Said numbers/letters shall contrast with background.
29. Developer shall enter into an Improvement Agreement for construction of the roadway and utility improvements which will be dedicated to the City. The agreement will require posting a Performance Bond in the amount of one-hundred percent (100%), posting a Labor-Material Bond in the amount of fifty percent (50%), and payment of all required plan check, testing and inspection fees.
30. Submittal and approval of Improvement Plans for roadway and utility improvements which will be dedicated to the City, is precedent to issuance of any building permit for development within the boundary of this map.
31 . The Final Parcel Map shall be prepared in accordance with the Subdivision Map Act, City of Calexico and the Imperial County's Guide to the Preparation of Maps.
32. Submit Final Parcel Map to the Planning and Building Services Department for checking, approval and recordation. The Final Map shall be based upon a field survey. Any existing easements affecting this Tentative Parcel Map shall be shown on the Final Parcel Map and shall be referenced to the property lines and corners. The Final Map review fee and a title report dated within six months of the Final Map submittal must also be submitted with the Final Map. 9 33. Applicant shall submit said Final Parcel Map to the Imperial County Surveyor's Office concurrently with submittal to the City for checking. Fees for map checking by the Imperial County Surveyor's Office are the responsibility of the Applicant.
34. The Final Parcel Map shall include the following note: This map is drafted in accordance with City of Calexico Tentative Parcel Map No. UA 2020-01.
35. The following Improvement Certificate shall be included on the cover of the Final Parcel Map.
36. Developer shall ensure no buildings are constructed across property lines.
37. Developer shall contact the local post office for direction regard ing placement of mail receptacles or any other type of mail delivery proposed.
38. Improvements shall be constructed in conformance with the latest version of the City Water Master Plan.
39. Water meters shall be installed at an accessible location within the public utility easement, adjacent to the City's ROW. Piping and appurtenances downstream of the water meter are private and will be maintained by the property owner.
39. Improvements shall be constructed in conformance with the latest edition of the Storm Drain Master Plan and City Standards. This project shall submit calculations, per the City's Storm Drain Master Plan.
40. Project developer shall incorporate appropriate site design measure(s) and submit the results of the Post-Construction Runoff Standards Manual. The City of Calexico approval of the proposed measures is precedent to issuance of any building, grading or construction permits.
41. Project applicant shall develop and submit a Project Stormwater Plan that identifies the methods to be employed to reduce or eliminate storm water pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures. City of Calexico approval of the Project Stormwater Plan is precedent to issuance of any building, grading, or construction permits. Two paper copies and an electronic copy of the Project Stormwater Plan shall be provided to the City of Calexico.
42. Where conflict between standards arises, the standard most-protective to water quality, to public health and safety, and against flooding shall be utilized.
43. Improvements shall be constructed in conformance with the latest version of the City Wastewater Collection System Master Plan and City Standards.
44. Developer shall provide EITHER a minimum of a one hour fire rated wall at the location where any fire separation distance of less than 5 feet occurs in accordance with the requirements of the 2019 California Building Code.
10 45. Furthermore, the City of Calexico reserves the right to apply add itional conditions of approval if any unforeseen circumstances arise or if the development does not occur within one (1) year of the City Council's approval.
In accordance with the cond itions of approval set forth above, the Tentative Map, Zone Change, General Plan Amendment, Planned Unit Development, and Certification of an updated Mitigated Negative Declaration is hereby recommended for approval this 161 h day of February, 2022, by
the fol lowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Javier Moreno, Mayor
ATTEST:
Gabriela T. Garcia, City Clerk
11