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Home My WebLink About2012/01/24 Item 13CITY COUNCIL AGENDA STATEMENT ~~ CITY OF CHULA VISTA Item: Meeting Date:01/24/12 ITEM TITLE: PUBLIC HEARING TO CONSIDER REZONING TWO PARCELS LOCATED TO THE REAR OF THE FRESH AND EASY NEIGHBORHOOD MARKF,T AT THE CORNER OF THIRD AVENUE AND J STREET. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE TWO .26 ACRE PARCELS LOCATED TO THE REAR OF THE FRESH AND EASY NEIGHBORHOOD MARKET AT THE NORTHEAST CORNER OF THIRD AVENUE AND J STREET FROM Rl (SINGLE-FAMILY RESIDENTIAL) TO R2 (ONE AND TWO FAMILY RESIDENTIAL). SUBMITTED BY: ASSISTANT CITY MANAGED/ DIRECTOR OF DEVELOPMENT SERVICES VV ~~ REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES NO X SUMMARY Consideration of a Rezone, PCZ-11-O1, to change the property from aSingle-Family Residential (Rl) Zone to a One & Two-Family Residential (R2) zone. Applicant: Fresh and Easy Neighborhood Market. BACKGROUND Desien Review On Januazy 1, 2011, the Zoning Administrator approved the construction of a Fresh and Easy Neighborhood Market building and associated tenant buildings, DRC-10-09. The Applicant would like to add an additional parking ]ot at the rear of the Fresh and Easy Neighborhood Market to provide parking beyond that required by the Urban Core Specific Plan. The subject 13-1 Item No.: Meeting Date: 01/24/12 Page 2 parcels aze surrounded by single-family homes, and aze landlocked. The site can only be accessed through the Fresh and Easy Neighborhood site. As a condition of approval on DRC-10- 09, anaccess easement was provided from Third Avenue leading to the subject parcels. ENVIRONMENTAL REVIEW Planning Staff has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 11 categorical exemption pursuant to Section 15311 (b) of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the Ordinance. BOARDS/COMMISSION RECOMMENDATION The Planning Commission considered the rezone on Januazy 11, 2012 and voted (7-0-0-0) to recommend that the City Council approve the proposed rezone to change the property from a Single-Family Residential (Rl) Zone to a One &Two-Family Residential (R2) zone located to the reaz of the Fresh and Easy Neighborhood Mazket, currently under construction at the comer of Third Avenue and J Street. DISCUSSION Project Site Chazacteristics: The project is comprised of two parcels located in the urbanized northwestern portion of the City of Chula Vista (Attachment 1-Location Map). The project site is relatively flat, with vehicular access from Third Avenue or J Street. The project site is currently vacant. The parcel is surrounded by other residential uses. General Plan, Zoning and Land Use The project site is zoned as an Rl (Single-Family Residential) Zone and has a RLM (Residential Low Medium) General Plan land use designation. The following table specifies the existing land uses surrounding the parcel: General Plan Zoning Current Land Use Site: Residential Low Medium Single-Family Residential* Vacant North: Residential Low Medium Single-Family Residential Residential South: Residential Low Medium Single-Family Residential Residential East: Residential Low Medium Single-Family Residential Residential West: Commercial Office Urban Core Specific Plan C-1 Commerical * City Council approval required for zone change from Single-Family Residential to One & Two Family Resid ential. 13-2 / r. Item No.: r ~~' Meeting Date: 01/24/12 Page 3 ANALYSIS Rezone: The proposed use is located in aSingle-Family Residential (R1) zone with a General Plan designation of Residential Low Medium. The Single-Family Residential (Rl) zone does not allow for anoff--street parking lot, however, the One & Two Family Residential zone does allow an off-street parking lot to be approved through a Conditional Use Permit, pursuant to Chula Vista Municipal Code Section 19.26.040A. The consideration of the Conditional Use Permit to allow the off-street parking lot will be a subsequent Zoning Administrative action. The only access to the site is from the commercially zoned property to the west, also owned by Fresh and Easy Market. The site has served as an extension of the commercial property to the west, but has not been utilized for several yeazs. The site cannot be accessed from a residential zone. The rezone to the One & Two Family Residential (R2) zone will still be in compliance with the General Plan designation of Residential Low Medium. The General Plan designation of Residential Low Medium allows 3-6 dwelling units per acre, which are single-family or one & two family residential projects that are located within the Rl and R2 zone. Therefore, the proposed zoning designation of R-2 is within the Residential Low Medium threshold. Conformance with Chapter 19.80 (Controlled Residential Development) of the Chula Vista Municipal Code Chapter 19.80 of the Chula Vista Municipal Code requires that the following be analyzed when a property is rezoned: 19.80.070 Chula Vista Zoning Code Modification A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: ;4 Agricultural Zone RE. Residential Estates Zones R-1 Single Family Residential R-2 One and Two-Family Residential Zone R-3 Apartment Residential Zone The subject properties aze currently designated R-1. The above language addresses residentially zoned property that would be rezoned to a higher residential category. The rezone of the property will only be rezoned to the next level, which is R-2, which complies with the Chula Vista Municipal Code Section 19.80.070. 13-3 Item No.: f~ Meeting Date: 01/24/12 Page 4 B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C After property is annexed by the City, the prezoning approved for the subject property cannot be amended or changed in any way for a two year period. The provision shall apply only to prezones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. The property is being rezoned from one residential zone to another residential zone. The above provision addresses property that is being rezoned from commercial to residential; therefore, this provision is not applicable. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of City Council and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. CURRENT YEAR FISCAL IMPACT The application fees and processing cost are paid for by the Applicant. There is no impact to the General Fund. ONGOING FISCAL IMPACT Not Applicable. ATTACHMENTS 1. Locator Map 2. Planning Commission Resolution, PCZ-11-O1 3. Disclosure Statement 4. Project Plans Prepazed by: Cazoline Young, Associate Planner, Planning Division 13-4 _ - - ,- /i ; \Sj ~ /`,~~~ `~' ` :.~, PEE 5~ .: -. \. ~' ~'- -- ,~ ~. \ ..r" ..~ i ----„'` ~ \ i ,,' , ~' ~' --~--~\ -~-- \` ~ "ice... `, - -- -\ `', i, \ -..~ ~1, ,, ~' i /',lam ~~' ~~ ;; ~•'- y j~ - ~`' v ~ s `'' ''. .-~~, G Y - ., r \ -' '. ~ i - .~ -- -' i 1.. %'~ i ,,~ -~ '. „iA i \ ~~ `.~.. ~ - 1 / r i' `; -, ...-. - ..... / i if 7 l - .- „a; -„J O ~ V l ..~" '...-'- -~~ i -%-'. '. /\..L ..-^ ~ \ _ i t ,, ,- ,, i \, -~\.. :=\ -,...._- '\ PROTECT -..,~ y\- c`~ , ,,.:. ,,. ,. ,- %- :., ~-- -- . ., , '" 5 '~- LOCATION ~.,; ., ~ .- -- ~'~ _ , -'' - ., - ~Y, . \ _.> ..., i... 1- ~. ..= ~~~ /.. / J \ -~-' i , ., .., -.w ~-.,- ./ ~ ~ ~ ~ i - -.:'. ...... ~- \ m ,, l ~~:, Y ~ t '~ .i '. C -.... ~ y. -../ .'~ 1 Q - S.~^ \ ~- ~' \ G4- Yom' /~ :- ,~ ~ ,, ..,- ~.- •y- ~ ~ - ~~' ~. -,~, ~~~ - \ _ ,..~. -. ----' - ~~ . ~- - -. i ''t ,.- >. i . r~,Y - .. , ~-- \ ~ - :.. , ~.-.~-~ - `:, -., ,,.. ,. ,. ,,,; ~- ~,--'r -j~-- ' ~ ~..,-: _,. ,, -..,~ ~ ,_ ~- - C ,...~ --., ~~, 4. \ .n \~.. .~-.~; r -; . .,,-.. .-~1 ~=\ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Fresh & Easy PROJECT DESCRIPTION: APPLICANT Neighborhood Market MISCELLANEOUS PRaecr Project Summary: Proposed zone change on two vacant lots from R1 to R2 to allow O ADDRESS: a packing lot for the Presh & Easy Neighborhood Markel SCALE: FILE NUMBER: NORTH ND Scale PCZ-11-01 Related cases: PCG11-059 C1Gabe Piles\Ammap Locator TemplaleLLOCalors\PCZ1101ai.1221.11 Attachment 1 RESOLUTION NO. PCZ-11-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT REZONE PCZ-11-O1 FOR .26 ACRES LOCATED TO THE REAR OF THE FRESH AND EASY NEIGHBORHOOD MARKET AT THE NORTHEAST CORNER OF THIRD AVENUE AND J STREET. WHEREAS, a duly verified application for a Rezone was filed with the City of Chula Vista Planning Department on October 6, 2011, by Fresh and Easy Neighborhood Mazket ("Applicant"); and WHEREAS, the Applicant requests approval of an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from aSingle-Family Residential (Rl) Zone to a One & Two -Family Residential (R2) zone ("Project"); and WI-IEREAS, the area of land located to the reaz of the Fresh and EasyNeighborhood Market at the corner of Third Avenue and J Street, which is the subject matter of this Resolution, and is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, consists of one site totaling .26 acres, ("Project Site"); and WHEREAS, Planning Staff has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 11 categorical exemption pursuant to Section 15311 (b) of the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, the Development Services Director set the time and place for a hearing on the 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 feet ofthe 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 6:00 p.m., January 11, 2012, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on January 11, 2012, as set forth in the record of its proceedings therein, and having made certain findings, as set forth in their recommending Resolution PCZ-11-O1 recommends that the City Council approve the Project, based on certain terms and conditions. Attachment 2 13-6 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached City Council Ordinance adopting Rezone PCZ -11-01, rezoning the Project Site from aSingle-Family Residential (Rl) Zone to a One & Two - Family Residential (R2) zone. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 11th day of January, 2012, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Diana Vargas, Secretary Presented by: Michael Spethman, Chair Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director Approved as to form by: Glen R. Googins City Attorney J:\Planning\Caroline\Descrelionary Permits\Fresh and EasyVtezone CUP Application\ PCZ-I1-01 PC Reso.doc 13-7 ~~lrl~ ~~ .. P l a n n i n g & B u i[ d i n g_ _ D e_p a r t m_ e n t __ CiN OF ~ Planning Division ~ Development Processing CHULA V(SI'A APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior fo any action upon matfers that will require discretionary action by the Council, Planning Commission and all ofher official bodies of tfie City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a Clty of Chula Vista election must be filed. The following information must be disclosed: 1.. List the names of a!I persons Raving a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~~ Befstwt~~.. C+S TDS ~r..q ~LcLw•.~..4 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership} entity. 3. If any person' identified pursuant to (1) above is anon=profit organization or 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. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matters - (~~PfLtcW ~./ltkE2 ~~KEK K~4RSMtrro BFIU 5 EAR~EQ C1J2as S~MNE.[DTK ~.Tc efA R D c.EFAtIE ~ I 5. Nas any person* associated with this contract had any financial dealings with an official** of the City of Chula . Vsta as it relates to this contract within the past 12 months. Yes_ No_~_ tf Yes, briefly describe the nature of the financial interest fhe official** may have in this contract 6. Have you made a contribution of more than $250 within the~ast Twelve (12) months to a current member of fhe Chula Vista City Council? No~ Yes _ If yes, Which Council member? 276 Fourth Avenue ~ Chula Vista ( S~lii8rn is ~ 91910 ~ (619) 691-5101 Attachment 3 ~~tr~ :.~.~ _- -- - ----___. -... P, I a n n_i. n_g._&.....__B u_i_i_d i n__g..._D..e.L. a_r t.m...e n t_ CITY OF Planning Division ~ Development Processing ~~~ CHULA VISTA APPLICATION APPENDIX B Disclosure Statement- Page 2 7.. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the pasE twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No~ L QND2~W L.URKE(t Print or type name of ContractodAppiicant Person is defrned as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. *` Officio[ includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members.. 276 Fourth Avenue Chula Visa I lg3fj~rnia ~ 97910 ~ (619) 691-5101 If Yes, which official** and what was the nature of item provided? ~-- 2 w ~l' Proposed Additional Parking- Fresh & Easy NOT A PART Approved Under Permit # 611-0385 W 1 ~ 4 Qi° k~' aM +9 .0.~d S E7~ylyµ~ _ -3 1T .. }' i H Q ~R 6'1R~~.p~~N' h' ''~'' M1 4'" k ~q~iJ~'~ ~ Z ~ ~ ~H~~,ra, ~ vc ~~,..~ "~ r t~i, ' w J STREET SSA/' "iA- ~ - "" " fresh & Easy Nalghborhootl Merkat Petall slnrr+: uMerCnweunlm ermil X: Bll-0HS prem111e4 PUlkp Swna: HH Pahlr:H Palb: 3 a3/ IWO Vropomd Addltlonal Parking Partal NUmMrf: S>1I50~19d0. s1Y150.1o-0S nmHOnmH: P~l PmpoaN 3oninH: ql ielal parklnePrvwrad', 4 Pecpe.eJ PwklM Marv: 53</IOW ~, ~. E%ISTING ".n RESIDENTIAL y ....._.~..,~..,......r~,..,m_,. ,,. .. RAViIP6 N'JrE> sr.ar. rr.r an annaau n eCALE 1/IT-1tl :YLN NCn iN 1' ~~ _ ;; 3g :i~=lF ~~ :~;;, s~ ~~3_ 9 I _. ~~3i fresh ;easy 0 I M r j~ :\~~ I ~~:v ~~ z ~ RECEIVEp ~ OCT0620B --~v s~RVlces 'Vi' e ~ ~ :-, ~~-_ '%~ -' i. i -..... ." e. __ ~ ,, ~ , ~. ~'. -_~_... r _. ~ <, ~'~ `~. ,\ T E a ~.. ~T-. ~ v i:~ P N ~ ' O y t b ~ °` ~ \ ~ ~. ~ 9 a m a ~ m s ~'~ _ ~ _ _ h w L ~ v ' l ... ~ ~ ~. . C. _. .. ~ y \ - ~ ~~ ~ ID " - .. _ _ - ~_._-------- --- .. . s _ i r3 w LL ~~ ~~S FRESH & EASY MARKET '"R'" EXHIBIT $ PROPOS CIVI G 6919RD AVE AN0299 °J'9TREET ED ADDITIONAL y L EN INEERS ~?e-=_wsun.ce: x..n. sui*¢is C17Y OF CHIILA VISTA, SAN DIEGD COUNTY. PARKING ~ Q a: one cn_ =z~ac CALIFORNIA 91911 " ' ~~ 0~3 d ' SCALE 1 =20 - r r ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE TW0.26 ACRE PARCELS LOCATED TO THE REAR OF THE FRESH AND EASY NEIGHBORHOOD MARKET AT THE NORTHEAST CORNER OF THIRD AVENUE AND J STREET FROM Rl (SINGLE-FAMILY RESIDENTIAL) TO R2 (ONE AND TWO FAMILY RESIDENTIAL) I. RECITALS A. Project Site WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit "A," attached hereto; and B. Project; Application for Discretionary Approval WHEREAS, an application was made by Fresh and Easy Neighborhood Market (Applicant) to amend the Zoning Map to rezone two parcels consisting of 26 acres located to the rear of its store located at the northeast corner of Third Avenue and J Street from Rl (Single-Family Residential) to R2 (One and Two Family Residential) (the "Project") and was filed with the City of Chula Vista Development Services Department on October 6, 2011; and C. Prior Discretionary Approvals WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 11 Categorical Exemption pursuant to Section 15311 (b) of the State CEQA Guidelines. Thus, no further environmental review is required; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on January 11, 2012, and voted 7-0-0-0 to recommend that the City Council approve the rezone in accordance with the Findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on January 11, 2012, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and 13-12 Ordinance No. Page 2 E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on January 24, 2012 on the Project to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. II NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA That the Development Services Director has reviewed the rezone request for compliance with CEQA and has determined that the project qualifies for a Class 11 Categorical Exemption pursuant to Section 15311 (b) of the State CEQA Guidelines. Thus, no further environmental review is required. B. INDEPENDENT JUDGEMENT OF CITY COUNCIL That the City Council has exercised their independent review and judgement and concurs with the Development Services Director's determination that the rezone qualifies for a Class 11 Categorical Exemption pursuant to Section 15311 (b) of the State CEQA Guidelines. C. FINDINGS FOR RESIDENTIAL ZONE AMENDMENTS That the City Council hereby finds that the Findings and determinations made by the Planning Commission are true and correct and the proposed residential rezone for the Project is consistent with the City of Chula Vista General Plan, is found to be a public necessity and good zoning practice. D. APPROVAL OF ZONING REGULATIONS That the City Council does hereby approve the proposed Residential rezone for the Project. III. 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 any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. 13-13 Ordinance No. Page 3 IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Gary Halbert, P.E., AICP Assistant City Manager/ Development Services Director 13-14 Additional Information - 1/24/2012 Item No. 13 -----Original Message----- From: Perry, Paula Sent: Monday, January 23, 2012 3:22 PM To: Caroline Young Subject: CASE# PCZ-11-01 Project Manager Caroline Young: Here are my concerns in writing concerning case# PCZ-11-O1 the Fresh and Easy Parking Lot: *I am concerned by the amount of foot traffic and noise. So I hope that they have the employees park in the parking spaces furthest back closest to the homes. * My second and more grave concern is the lighting in the parking lot. My bedroom patio door faces the back lot. Currently there is a very bright light in the businees one parking lot over that is new or there is a newer brighter light that shines like a car headlights into my bedroom each night.... all night long. This can and has disturbed my sleep. I was hoping that if lights are put in the back lot right immediately next to my home that the business of Fresh and Easy will consider how. bright these lights are for those of us who have them shining in our windows and have to live in this neighborhood. I hope that they can pick lights that do not shine so brightly. Also, I hope the parking lot lights will be turned off each night with a timer after the businness is closed so the people who own homes can sleep at night. Thank you in advanced for considering my concerns. I hope we can establish good communication as neighbors. Paula Perry ~~