HomeMy WebLinkAboutOrd 2012-3244ORDINANCE NO. 3244
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE ZONING MAPS
ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010
BY REZONING (PCZ-12-O1) THE PARCEL LOCATED AT 35
TAMARINDO WAY FROM Rl-7p TO Rl-Sp AND ADOPTING
PRECISE PLAN STANDARDS (PCM-12-02) FOR THE
PARCEL
I. RECITALS
A. Project Site
WHEREAS, the azea of land, which is the subject of this ordinance is diagrammatically
represented in Exhibit "A" which is incorporated into the ordinance by this reference, and for the
purpose of general description consists of a 232-acre parcel located at 35 Tamarindo Way
("Project Site or Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on January 26, 2012, Rezone and Precise Plan applications were filed by
Mr. J.P. Mariscal on behalf of 35 Tamarindo, LLC ("Property Owner/Applicant") with the
` Development Services Department of the City of Chula Vista requesting 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 the Rl-7P to Rl-SP zone and adopting the Precise
Plan, as shown in Exhibit B and incorporated herein by reference, and development standazds for
the Project Site ("Project"), as shown in Exhibit C, incorporated herein by reference; and
C. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public heazing on the Project
on November 14, 2012 at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and,
after hearing staff presentation and public testimony, voted 6-0-0-0 to recommend that the City
Council approve the rezone and Precise Plan Standards based on the findings listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public heazing on the Project held on November 14, 2012, and the minutes
and resolution resulting there from, aze incorporated into the record of these proceedings; and
D. City Council Record on Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of the hearing, 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 (10) days prior to the heazing; and
WHEREAS, the City Council held an advertised public hearing on the Project on
December 4, 2012, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and
Ordinance No. 3244
Page No. 2
II. NOW, THEREFORE, the City Counci] of the City of Chula Vista does hereby ordain as
follows:
A. The rezone of the Project Site provided for herein is consistent with the City of
Chula Vista General Plan, public necessity and convenience, and the general
welfare and good zoning practice support the amendment to the Chula Vista
Municipal Code.
B. The City of Chula Vista Zoning Map established by Section 19.18.010 of the
Chula Vista Municipal Code is amended to rezone the Project Site as depicted in
Exhibit "A" from the Rl-7P Zone to the Rl-SP Zone, based on findings below,
including Property Development Standazds as represented in Exhibit C.
C. Precise Plan Findings
That such use will not under the circumstances of the particulaz 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 City Council finds that the proposed precise plan standazds contained in
attached Exhibit C will not have a negative impact on the surrounding
neighborhood because the proposed standards allow the applicant to design a
Project that is more compatible with the single and multi-family residential
character of the azea. The surrounding azea includes single-family homes on
the south and east, duplexes on the southwest, and multi-family dwellings on
the north. The proposed development standards will allow the flexibility in
establishing new development standazds for minimum lot width, building
front setbacks and landscaping regulations that will permit construction of
detached single-family dwelling units with garages and private open space.
2. That such plan satisfies the following principles for amendment of the "P"
modifying district as set forth in CVMC 19.56.041:
The Precise Plan Modifying District has already been established for the
project site with the R-1-7P zone, by Ordinance 2378 adopted July 10, 1990,
The "P" modifying district was included as a part of a City-initiated
comprehensive rezone of lands annexed from the County in 1986. The
purpose of this re-zoning was to implement the Montgomery Specific Plan
(now expired), eliminate County classifications so that the City could
administer zoning based on City-wide classifications, and to allow the types of
duplex and single family developments that were already in existence in
various neighborhoods at that time. The Precise Plan Modifier was placed on
numerous remnant undeveloped pazcels within established neighborhoods, to
allow for flexibility in the design through the discretionary review of projects
prior to building permits, if necessary.
As described in the Municipal Code, The purpose of the "P" modifying
district, is to allow diversification in the spatial relationship of land uses,
density, buildings, structures, landscaping and open spaces, as well as design
Ordinance No. 3244
Page No. 3
review of architecture and signs through the adoption of specific conditions of
approval for development of property in the City. Within the boundaries of the
"P" modifying district, the location, height, size, and setbacks of buildings or
structures, open spaces, signs and densities on the precise plan shall take
precedence over the otherwise applicable regulations of the underlying zone.
Pursuant to CVMC 19.56.041, the "P" modifying district may be applied to
areas within the City when one or more circumstances aze evident, including:
a). The subject property, or the neighborhood or area in which the property
located, is unique by virtue of topography, geological chazacteristics,
access, configuration, traffic circulation, or some social or historic
situation requiring special handling of the development on a precise plan
basis:
The City Council finds that amendment of the existing "P" modifying
district and adoption of the Precise Plan Map and development standards
in Exhibit C aze appropriate because:
The site is unique by virtue of a social situation requiring special handling
of the development on a precise plan basis, because of its location at the
edge of afully-developed residential azea that transitions from single-
family to multi-family residential land uses. The site is located at the
northerly edge of a traditional single-family area, and at the eastern edge
- of the Holiday Estates neighborhood, which contains 209 single-family
attached/duplex homes, and 32 townhomes. This transition results in an
aesthetic change in the neighborhood, from traditional single-family
detached homes on lots typically 60-70 feet in width within the R-1-7P
zone, to gazage dominated narrow single-family attached /duplex homes
on lots with widths as low as 28 feet within the R-2T zone. The rezone and
"P"-modifier amendment will allow the Project to be developed with
narrower single-family homes on 37.5 foot wide lots, which aze more
aesthetically compatible with the single-family attached /duplex homes
with narrow lot widths. The "P" is intended to reduce the potential affects
on the neighborhood from the aesthetic incongruity that would result if
traditional single-family homes with 50 to 70 foot wide lots were
constructed immediately adjacent to attached duplexes with 28-foot lots
and attached townhomes. The project will be developed to comply with
the Precise Plan, which includes architectural review and landscaping
review to ensure the homes will be attractively designed. Through the use
of three different floor plans and staggered front yard setbacks, the Project
design will be varied to add visual interest along the street.
The neighborhood or azea in which the property located, is unique by
virtue of its configuration, because the site is a portion of a larger area
currently zoned R-1-7P, containing 21 other single-family homes on
Holiday and Festival Courts, located on the west side of Hilltop Avenue.
However, the project site is a remnant pazcel that is not a part of the
Ordinance No. 3244
Page No. 4
existing Holiday Estates Unit 4 subdivision to the south, but rather extends
northerly into the multi-family area described above. The rectangulaz
pazce] is oriented to Tamazindo Way with approximately 600 feet of
frontage along Tamarindo Way and approximately 150 feet along Hilltop
Avenue. The topography of the pazcel is relatively flat along the east side
along Tamarindo Way, but has a ]0-20 foot elevation difference along the
western property line, and along southern property line between Hilltop
Drive and Connoley Circle. The site's orientation, configuration and
topography is such that access and frontage is from Tamazindo Way rather
than Hilltop Drive. Re-zoning the site to the R-1-SP zone would permit
smaller 5,000 square foot lot sizes with 37.5 foot widths that will be
designed and developed in a manner that is more typical of the adjacent
single-family attached/duplex residences to the west along Tamarindo
Way.
The subject property is unique by virtue of the existing depth of the lot,
which at 150 is deeper than traditional single-family lots in the R-1-5
zone, which aze typically in the range of 100 feet deep. This lot depth,
when combined with the proposed 37.5 foot lot width, results in lots sizes
between 5,625 and 8,225 square feet, which exceed the minimum 5,000
squaze foot azea of the R-1-5 zone, and provides a transition to the 7,000
squaze foot lots in the R-1-7P azea to the south. This design also provides
lots with lazge, useable rear yards for the residents.
c). 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 and proper relationship among the uses allowed in the adjacent
zones:
The City Council finds that amendment of the "P" modifying district to
add development standazds and approve a Precise Plan is appropriate
because the existing R-1-7 and proposed R-1-5 zone regulations do not
allow development standazds needed to achieve a project design that is
compatible with the adjacent multi-family housing to the north, west and
southwest, and adjacent single-family homes to the south, and therefore a
precise plan modifying district is needed to allow a more compatible
design. Development of the site under the standrsd R-1-5 zoning would
require 50-foot wide single-family detached lots along Tamarindo Way, a
street where single-family detached homes do not presently exist. The
proposed precise plan standards of the R-1-SP zoning would allow lot
widths with a minimum of 37.5 feet, and also permit 15-foot rear yazd
setbacks on the south side of the site adjacent to existing homes developed
under the R-1-7 zone, which permits a 20 ft. rear yard setback. The Precise
Plan standards will allow the Project to be designed 20 ft. rear yard
setback to make a more appropriate transition between the project and
adjacent single-family development on the south.
Ordinance No. 3244
Page No. 5
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 "P" Precise Plan modifying district;
With the exception of the reduced lot width, staggered front yazd setback, and
increased rear yard setback of 20 feet discussed above, the development
standazds are the same as the R-1-5 zone. The City Council finds that these
requested deviations under the Precise Plan are warranted in order to achieve
the purpose of the Precise Plan Modifying District.
4. That 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 designed and evaluated in accordance with the goals and
objectives of the General Plan and Residential Low-Medium (3-6 du's/acre)
land use designation. Based on this land use designation, a maximum of 16
units could be developed on the 2.32 acre (gross) site. The project proposes a
density consistent with the Residential Low-Medium land use designation.
The Precise Plan, as described above, will allow the Project to be consistent
with the goals and objectives of the General Plan, and the Chula Vista
Municipal Code.
D. The Precise Plan Map and Precise Standazds as depicted in Exhibits B and C are
adopted and aze supported by the required findings (CVMC Section 19.14.576, as
outlined in Section II (C) above.
III. 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
Gazy albe ., AI
Assistant Ci Manager/Director of
Development Services
Exhibits:
> ~
len Goo ins
rney
Exhibit A: Rezone Map
Exhibit B: Precise Plan Map
Exhibit C: Precise Plan Standards
Ordinance No. 3244
Page No. 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of December 2012, by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
1
Cheryl ox, Ma r
ATTEST:
,~~,~.~
Donna R. Norns, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 3244 had its first reading at a regulaz meeting held on the 4th day of December
2012 and its second reading and adoption at a regulaz meeting of said City Council held on the
11th day of December 2012; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
y aoi3 ~~ ~~ /1 oi,~:L
Da d Donna R. Norris, CMC, City Clerk
Ordinance No. 3244
Page No. 7
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Ordinance No. 3244
35 Tamazindo Way ProgetNo. 9
PCZ-12-O1 / PCM ] 2-02
EXHIBIT C - PRECISE PLAN DEVELOPMENT STANDARDS
Lot Size 5,000 sq. fr. minimum
Lot Width 37.5 ft. minimum
Building Coverage 40% maximum
Floor Area Ratio (FAR) 50% Maximum
(includes garage)
Front Yard Building Setback:
(all setbacks measured from property line except
where noted)
• To Building (living area) Building setbacks shall be staggered as
established on the Precise Plan
15 fr. minimum
• To Front Porch 15 fr. minimum
22 fr. from closest edge of sidewalk to face of
• To Garage
garage
Rear Yard Building Setback: 20 fr.
Interior Side Yard Building Setback 5 fr.
Exterior Side Yazd Building Setback 10 ft.
Building Height: 28 fr. / 2 stories
(Measured to mean height level between eave
and ridge -per CVMC 19.04.038}
FencinglWalls: Decorative, solid masonry walls including
stucco or split-face block walls .
Sound walls in compliance with IS-21-O1
Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program.
Decorative, slumpstone block retaining walls
with integral color.
Decorative tubular metal or wood privacy
fencing are permitted as shown on concept
landscape plan. Maximum height is 6 feet from
adjacent grade level.
Garage Minimum 400 square foot, 2 car garage with
(Continued on Pg.2) minimum dimension of 20 feet.
j, X t-I l G3 l 7- G
Ordinance No. 3244
Page No. 10
35 Tamazindo ~Vay Project
PCZ-12-O1 /PCM 12-02
Notes:
a. Minor modifications to Precise Plan map are permitted pursuant to approval of a Site Plan
and Architectural Review by the Zoning Administrator, per CVMC 19. ] 4.420. Amendments
to the Precise Plan Map shall comply with the Precise Plan Development Standards. All other
Precise Plan amendments shall comply with Precise Plaa Modification requirements per
CVMC 19.14.577.
b. Uses and Development standards not addressed in this Precise Plan shall comply with the
requirements of the Zoning Ordinance, CVMC Title 19.
c. Accessory Uses and Structures shall comply with