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HomeMy WebLinkAboutItem 2 PCZ 12-03 RezoneCHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 2 Meeting Date: Sept. 25, 2013 ITEM TITLE: Public Hearing PCZ- 12 -03: Consideration of a Rezone involving two (2) lots, totaling 0.38 acres, located on the north side of Alvarado Street, between Third and Del Mar Avenues, from Multi - Family Residential (R -3) to Urban Core -1 (UC -1). The applicant and property owner is Sweetwater Union High School District. SUBMITTED BY: Director of Development Services INTRODUCTION The parcels described above are owned by Sweetwater Union High School District (District) and are part of a larger mixed -use development proposal, for which the applicant is processing a Design Review Permit (DRC- 12 -15), an Environmental Review (IS -12 -002) and a Tentative Map (PCS- 12 -06). The table below shows the seven parcels that are part of the overall development of the site. The two parcels that are the subject of this action are shaded in grey. This project is going through the consolidated review process, in accordance with the Consolidation of Processing regulations contained in Municipal Code Section 19.14.050(C). The decision to approve, conditionally approve, or deny the project will be consolidated to the highest decision maker, which is the City Council. The exception is the rezone portion of the development proposal, and that action requires a Planning Commission hearing in addition to the City Council decision. BACKGROUND The District acquired the property in the 1990s, through an exchange agreement with the City of Chula Vista, with the intention of building a new administrative headquarters on the site. The original development plans did not come to fruition, but the District Item: _2_ Meeting Date: Sept. 25, 2013 Page 2 recently submitted plans for a new mixed -use development. The new proposal includes one mixed -use building that spans the entire 2.61 -acre site under District ownership, and a request for a rezone from R -3 to UC -1, consistent with the zoning on the contiguous UC -1 properties to the west and north. In May 2007, the City Council adopted the Urban Core Specific Plan (UCSP), rezoning the 690 -acres identified as the City's Urban Core to allow for mixed -use development. Five of the seven parcels owned by the District at the project site were rezoned to UC -1 at that time, while two of the parcels remained R -3. The Cummings Initiative The Cummings Initiative was approved in 1988 (Ordinance 2309) and provides a means of controlling residential growth to keep pace with infrastructure needs. In accordance with the ordinance, rezoning of property designated for residential development is permitted only to the next highest residential density category in any two -year period according to the following schedule: A Agricultural R -E Residential Estate Zone R -1 Single Family Residential Zone R -2 One- and Two- Family Residential Zone R -3 Apartment Residential Zone When the UCSP was approved in April 2007, the City Council deferred the rezoning of numerous properties that were residentially zoned or had mobile home or trailer parks located on the property. Since the deferral, staff has begun a preliminary analysis of the residentially zoned properties and their potential up- zoning for compliance with CVMC 19.80 (Cummings Initiative). The Cummings Initiative did not anticipate a higher residential zone than R -3, nor did it account for mixed -use zoning. Since 1988, several changes have taken place that ensure the City's growth does not impact environmental quality or the quality of life in general: • Development impact fees have been instituted (and are updated regularly), ensuring new development pays its fair share of infrastructure costs in a timely manner. Impact fees are based on anticipated infrastructure needs such as roads, police, libraries, sewer and parks. • In 2005, the City of Chula Vista's General Plan was updated, redefining the City's vision and establishing strategies to achieve community goals for development. • Two years later, the Urban Core Specific Plan was adopted, to implement the vision for the Urban Core Subarea portion of the General Plan. 2 Item: _2_ Meeting Date: Sept. 25, 2013 Page 3 The tools are in place to plan and control the rate of residential growth; however, since the Cummings Ordinance is still in place, an analysis is done for zoning modifications to ensure compliance with the municipal code. Project Area (UC -1 Zone) The General Plan Update (2005) foresaw the need for new more dense land use designations, such as the Mixed -Use Transit Focus Area designation. Mixed -Use Transit Focus Areas are located within approximately 1/4 mile of existing and planned transit stations, and are intended for the highest intensity mixed -use residential environment. The designation allows a mix of residential, office and retail uses in areas that are pedestrian - friendly and have a strong linkage to provision of transit. The Urban Core Specific Plan was adopted in 2007, implementing the General Plan vision for the Urban Core. In accordance with the General Plan, the UC -1 zone (along Third Avenue north and south of H Street) calls for a high density mix of uses with close proximity to transit. ENVIRONMENTAL REVIEW The Development Services Director has completed a Secondary Study (IS -12 -002) in order to determine project consistency with the Urban Core Specific Plan EIR (PEIR -06- 01). Based on the environmental analysis contained within this Secondary Study, the proposed action will not have any significant effect on the environment other than as identified in the PEIR. In addition, the rezoning of the parcels to an Urban Core density of up to 60 du/acre was analyzed in the 2005 General Plan Update EIR (EIR- 05 -01) as part of the 2005 General Plan Update. The proposal is consistent with the analysis and conclusions of EIR- 05 -01. No additional impacts or mitigation measures beyond those identified in EIR -05 -01 will result from this rezone request. The proposed rezone is, therefore, also covered under EIR- 05 -01. Therefore, a negative declaration, subsequent environmental impact report, supplement to environmental impact report, or an addendum to environmental impact report has not been prepared. RECOMMENDATION That the Planning Commission adopt Resolution PCZ- 12 -03, recommending that the City Council amend the Zoning Map established by Chula Vista Municipal Code (CVMC) Section 19.18.010 to rezone 2 multi - family lots located on the north side of Alvarado Street (APNs 568 - 511 -18 and 568 - 511 -19) from an existing Multi - Family Residential Zone (R -3) to an Urban Core Zone (UC -1), based on the findings contained in the attached Planning Commission Resolution. 3 Item: _2_ Meeting Date: Sept. 25, 2013 Page 4 DISCUSSION The proposed rezone is comprised of two vacant parcels located on the north side of Alvarado Street, just east of Third Avenue. The area is urban in character, with commercial uses to the north and west, church and school uses to the south, and multi- family units to the east. The two subject parcels are part of a seven - parcel contiguous property owned by the District, the remainder of which was rezoned to UC -1 with the adoption of the UCSP in 2007. Although rezoning on all residential properties was deferred when the UCSP was adopted, Figure 6.1 illustrates that the parcels are still within the UCSP area. Ultimately, the UCSP document and Figure 6.1 (Page VI -3) will be revised in accordance with this action. The properties directly to the east of the subject parcels, along Church Avenue and Alvarado Street, are residential. They are zoned R -3 and R -3P14, and are developed with multi - family buildings. These multi - family developments form a transition and a buffer between the existing and anticipated urban uses along Third Avenue and the single - family homes along Del Mar and farther east. ANALYSIS In order to ensure compliance with CVMC 19.80, staff has analyzed the impact of the subject property's rezone. Comparison of UC -1 to R -3 Zone The table provided below offers a comparison of the UC -1 Zone to the R -3 Zone: o Ea��, E�m Eras c �_� Ea �aE EN � �cE E 2 10" 0 rM is 0 cc N C _2) x d =o�a� C a l L C !0 7 d to cc �m °cn CO) U Mixed -Use — UC -1 Residential, 84' 100 SF 1.1:1 0 0 Office, Retail Per Unit 400 SF R -3 Residential 28' 2:1 15 10 Per Unit As shown above, there are differences between the two zoning classifications. The regulations for UC -1 are urban in nature and appropriate for the location — close to downtown and close to a future transit hub. The UC -1 zone allows for taller buildings, more compact open space and less parking (due to the proximity to 4 Item: _2_ Meeting Date: Sept. 25, 2013 Page 5 transit). The rezone of the subject site to UC -1 is compatible with the existing zoning on the adjacent properties. General Plan Consistency: The proposed zoning designation is in compliance with the General Plan's Mixed - Use Residential (MUR) designation for the area. Conformance with Chapter 19.80 of the Chula Vista Municipal Code: The proposed rezone would result in the area converting to a residential intensity that is the next level of density. The proposed action is in compliance with this provision, as follows: 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: A Agricultural Zone RE Residential Estates Zones R -1 Single Family Residential R -2 One and Two - Family Residential Zone R -3 Apartment Residential Zone This proposal would rezone the property to the next highest residential density level, as detailed below: 1. The subject properties are currently zoned R -3. Pursuant to the General Plan designation, a high density R -3 zoning has a density range of 18 to 27 dwelling units per acre. 2. The General Plan Update (GPU) designates the H Street Office Focus Area as a Transit Focus Area (TFA) within the Urban Core, with transit- focused mixed uses on the east and west sides of Third Avenue. Mixed -use development is encouraged within walking distance of a planned future transit station near Third Avenue and H Street. According to GPU policy for the H Street Office Focus Area, residential densities within the Mixed Use Transit Focus Area designation are intended to have a Focus Area wide gross density of 60 dwelling units per acre (LUT 53.2). This density is consistent with adjacent properties that have already been rezoned. 3. The General Plan Density for Urban Core Residential is 28 -60 units per acre. The proposed change in zoning from R3 to UC -1 is consistent with the above provision of the Cummings Initiative, since 5 Item: _2_ Meeting Date: Sept. 25, 2013 Page 6 the change would be to the next highest residential density category as identified and approved in General Plan Land Use Designation and Zoning Table 5 -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 pre - zoning approved for the subject property cannot be amended or changed in any way for a two-year period. The provision shall apply only to pre -zones 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 a multi - family residential zone to a mixed -use urban core 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 Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. Staff is not independently aware, nor has staff been informed by any Planning Commissioner, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CONCLUSION The proposed rezone is consistent with the goals and policies of the General Plan, the UCSP, and associated documents. Based on the above analysis, staff recommends that the Planning Commission recommend that the City Council amend the Zoning Map established by CVMC Section 19.18.010 and rezone two multi- family lots located on the north side of Alvarado Street to UC -1 to match the contiguous parcels; based on the findings contained in the attached Planning Commission Resolution. :l Item: _2_ Meeting Date: Sept. 25, 2013 Page 7 FISCAL IMPACT The cost of the rezone is paid by the project applicant. ON GOING FISCAL IMPACT None. The change in zoning does not require any on -going staff time. ATTACHMENTS 1. Locator Map 2. Zoning Map 3. Table 5 -4 4. Planning Commission Resolution, PCZ -12 -03 5. Draft City Council Ordinance, PCZ -12 -03 Prepared by: Janice Kluth, AICP - Senior Project Coordinator, Development Services Department 7 M 00 NIO � a N N � Q Ul O U O I W x U H H vl- °. t 'T � Y` � � � "` �. ` z `- t � t,� {" t- ,} < i 4t-'" ` t -F � Yt � l` .i••` ^ i ,y Y ��{ 1 f Y � r" �•.° -• � � �' � t �•�`�� i i �-{'` `1 r l ��„�.•t,`.�r� S L...� Y�'. 1 l �� ��., � T " -•.. r � `�' -"j' � .�.°�salT`�"`'� 1 't�rL, L..-h � ;�:,,- {-��,�•�a� , � \ ,.� � �.�,� ��t t,.. > �~� it !a �„ 1..� C"`° n•• r^ 11 t ,r° �t� -" i•" - °'. •-' S `Y ,.. VV 111 rl� l'f •'r '( ,,.".' '- i "� 1.-^'1 t _y'}�'� �.7 ��, }.- � �AP'� Pv� -A —'A' `'t ,\,v 111 l' .•! \' �., C ti.- 5 '^4 t,. •• �C . . } ✓ �Z C %"� ti �L„�h�f"� `.. -�y. � ���!,t.i' � M `,f,,....� � ��• `�y� 'i \ ..L.- � �,i V, �� � U } .•'1� ,.�`; ,'�i (I}':Y ' r-"" tom,,,. -!� �; � J } 1 }. };;'t Y't• �.i vk \" 0 Item: _2_ Meeting Date: Sept. 25, 2013 Page 9 ATTACHMENT 2 — Zoning Map i ° ©_ M CA \ } S ?10 } f SOURCE: FILE ✓"`f�{, CASE NUMBER: PCZ -12 -03 CHULA VISTA PLANNING & BUILDING DEPARTMENT ACREAGE: 0.38 1 HEREBY CERTIFY THAT THE ZONING MAP WAS APPROVED AS A PART OF ORDINANCE SCALE: NO SCALE BY THE CITY COUNCIL ON CITY CLERK DATE DATE: SEPTEMBER 18, 2013 DRAYM BY: C. J. FERNANDEZ ZONING MAP - 518 5��1 CHECKED BY: YI CHUtLASTA MORTH ATTACHMENT 3 — Table 5 -4 I Item: _2 Meeting Date: Sept. 25, 2013 Page 10 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 TABLE 5-4 GENERAL PLAN LAND USE DESIGNATIONS AND ZONING General Plan Land Use Designation General Plan Density (number of dwelling units Per gross ) Genf Plan Floor Area Ratio (FAR) Applicable Zoning District RESIDENTIAL Low 0-3 NA R -E, R -1 -10, R -1 -15, PC Low Medium 3-6 NA R-1-7, R-2, PC, Medium 6-11 NA R -1 -7, R -2, R -3, R -3-L, MHP Medium high 11 - 18 NA R -2, R -3, R -3 -L, MHP High 18-27 NA R -3, R.3 -M Urban Coro • 28-60 NA COMMERCIAL - Relail NA 0.25-0.75 C-N, C -B, 4C, C -T Visitor NA 0.25 —1.5 C -V Professional & Administrative NA 0.35 -1.5 C-O MUM) USE Mined Use Commercials NA 0.5 -0.75 Mixed Use Residential` ` 0.0-1.0 PC, Mixed Use Transit. Focas Area' '" ` INDUSTRIAL Limited Industrial• NA 0.25 — 0.5 I L.. 12egloml'lr bnology'POA NAti q4 0' ,8.i75 General Industrial NA. 0.25 — 0.5 1.. PUBLIC, QUASI PUBLIC AND OPEN SPACE PublidQuasi Public NA NA All zones Parks and Recreation NA NA All zones Open Space NA NA AF-1,R-1 Open Space Preserve NA NA TED Open Space Active Recreation NA NA ,BD water NA NA TBD SPECIAL PLANNING AREAS -Eastern Urban Cotter TBD PC Resort T1U1 TBD PC Taws Cemor 18.30 T8 PC ` New zoning district(.) is needed. •` Existing zoning district to be amended. NA =Not applicable TBD = To be determined *Forterd shown in sbedrtp, please see Pape LUT -265 for Pkial Adieu Deferral Areas adorrnabw Page LLJ -49 t&I. 10 Item: _2_ Meeting Date: Sept. 25, 2013 Page 11 ATTACHMENT 4 — Planning Commission Resolution PCZ -12 -03 See Attached. 11 RESOLUTION NO. PCZ -12 -03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE REQUEST TO AMEND THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE TWO PARCELS, TOTALING 0.38 ACRES, LOCATED ON THE NORTH SIDE OF ALVARADO STREET FROM A MULTI- FAMILY RESIDENTIAL ZONE (R -3) TO A MIXED USE ZONE (UC -1) 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 in Exhibit "A" (Project), attached hereto; and WHEREAS, the two parcels are part of a larger group of a seven - parcel property owned by the Sweetwater Union High School District (District). Five of the parcels wer rezoned to UC -1 in 2007; and WHEREAS, the Project Site, which is the subject matter of this Resolution, and is depicted in Exhibit "A," attached hereto and incorporated herein by this reference, consists of two (2) parcels located on Alvarado Street (APNs 568 - 511 -18 and 19); and WHEREAS, the proposed rezone of the two residentially zoned parcels to UC -1 will make them consistent with the UC -1 zone already existing on the contiguous parcels; and WHEREAS, the Development Services Department recommends approval of an amendment to the adopted zoning map established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from R -3 to UC -l; and WHEREAS, The Development Services Director has completed a Secondary Study (IS -12 -002), in order to determine project consistency with the Urban Core Specific Plan EIR (PEIR- 06 -01). Based on the environmental analysis contained within this Secondary Study, the proposed action will not have any significant effect on the environment other than as identified in the PEIR. In addition, the rezoning of the parcels to an Urban Core density of up to 60 du/acre was analyzed in the 2005 General Plan Update EIR (EIR- 05 -01) as part of the 2005 General Plan Update. The proposal is consistent with the analysis and conclusions of EIR- 05 -01. No additional impacts or mitigation measures beyond those identified in EIR -05 -01 will result from this rezone request. The proposed rezone is, therefore, also covered under EIR- 05 -01. Therefore, no negative declaration, subsequent environmental impact report, supplement to environmental impact report, or addendum to environmental impact report has been prepared; and WHEREAS, the Development Services Director sets 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 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 6:00 p.m., September 25, 2013, 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 September 25, 2013, as set forth in the record of its proceedings therein, as set forth in their recommending Resolution PCZ- 12 -03, recommends that the City Council approve the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council amend the Zoning Map established by CVMC Section 19.18.010 to rezone two parcels located on Alvarado Street from an existing Multi - Family Residential (R -3) Zone to a Mixed -Use (UC -1) 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 25th day of September, 2013, by the following vote, to -wit: Presented by: Kelly Broughton, FASLA Development Services Director AYES: NOES: ABSENT: ABSTAIN: ATTEST: Patricia Laughlin, Secretary Approved as to form by: Glen R. Googins City Attorney Lisa Moctezuma, Chair ATTACHMENT 5 — Draft City Council Ordinance See Attached. 12 Item: _2_ Meeting Date: Sept. 25, 2013 Page 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE TWO (2) PARCELS, TOTALING 0.38 ACRES, LOCATED ON THE NORTH SIDE OF ALVARADO STREET, FROM A MULTI - FAMILY RESIDENTIAL ZONE (R -3) TO A MIXED -USE ZONE (UC -1) L 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 in Exhibit "A" (Project), attached hereto; and B. Project; Discretionary Approval WHEREAS, the Project Site, which is the subject matter of this Resolution, and is depicted in Exhibit "A," attached hereto and incorporated herein by this reference, consists of two (2) parcels located on Alvarado Street (APNs 568 - 511 -18 and 19); and WHEREAS, the proposed rezone of the two residentially zoned parcels to UC -1 will make them consistent with the UC -1 zone already existing on the contiguous parcels; and WHEREAS, the Development Services Director recommends approval of an amendment to the adopted zoning map established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from R -3 to UC -1; and WHEREAS, the Planning Commission, by Resolution PCZ- 12 -03, recommends that the City Council amend the Zoning Map established by CVMC Section 19.18.010, to rezone two (2) parcels located on Alvarado Street from an existing Multi- Family Residential Zone (R -3) to a Mixed -Use Zone (UC -1); and C. Compliance with the California Environmental Quality Act (CEQA) WHEREAS, The Development Services Director has completed Secondary Study (IS -12- 002), in order to determine project consistency with the Urban Core Specific Plan EIR (PEIR -06- 01). Based on the environmental analysis contained within this Secondary Study, the proposed action will not have any significant effect on the environment other than as identified in the PEIR. In addition, the rezoning of the parcels to an Urban Core density of up to 60 du/acre was analyzed in the 2005 General Plan Update EIR (EIR- 05 -01) as part of the 2005 General Plan Update. The proposal is consistent with the analysis and conclusions of EIR- 05 -01. No additional impacts or mitigation measures beyond those identified in EIR -05 -01 will result from this rezone request. The proposed rezone is, therefore, also covered under EIR- 05 -01. Therefore, a negative declaration, subsequent environmental impact report, supplement to Attachment 3 environmental impact report, or an addendum to environmental impact report has not been prepared; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 25, 2013 and voted XXX to recommend that the City Council approve the rezone; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on September 25, 2013, and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and 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 October 15, 2013, 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 a Secondary Study (IS -12 -002) has been completed in order to determine project consistency with the Urban Core Specific Plan EIR (PEIR- 06 -01) and based on the environmental analysis contained within this Secondary Study, the proposed action will not have any significant effect on the environment other than as identified in the PEIR. In addition, the rezoning of the parcels to an Urban Core density of up to 60 du/acre was analyzed in the 2005 General Plan Update EIR (EIR- 05 -01) as part of the 2005 General Plan Update. The proposal is consistent with the analysis and conclusions of EIR- 05 -01. No additional impacts or mitigation measures beyond those identified in EIR -05 -01 will result from this rezone request. The proposed rezone is, therefore, also covered under EIR- 05 -01. Therefore, no negative declaration, subsequent environmental impact report, supplement to environmental impact report, or addendum to environmental impact report has been prepared. B. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council has exercised its independent review and judgment and concurs with the Development Services Director's determination that the rezone is consistent with the General Plan EIR (FEIR- 05 -01) and the Urban Core Specific Plan EIR (PEIR- 06 -01). C. FINDINGS FOR RESIDENTIAL ZONE AMENDMENTS That the proposed rezone for the Project from R -3 to UC -1 would result in the area converting to a residential intensity that is the next level of density in conformance with Chapter 19.80 of the Chula Vista Municipal Code in accordance with the following: 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: A Agricultural Zone RE Residential Estates Zones R -1 Single Family Residential R -2 One and Two - Family Residential Zone R -3 Apartment Residential Zone This proposal would rezone the property to the next highest residential density level, as detailed below: 1. The subject properties are currently zoned R -3. Pursuant to the General Plan designation, a high density R -3 zoning has a density range of 18 to 27 dwelling units per acre. 2. The General Plan Update (GPU) designates the H Street Office Focus Area as a Transit Focus Area (TFA) within the Urban Core, with transit - focused mixed uses on the east and west sides of Third Avenue. Mixed -use development is encouraged within walking distance of a planned future transit station near Third Avenue and H Street. According to GPU policy for the H Street Office Focus Area, residential densities within the Mixed Use Transit Focus Area designation are intended to have a Focus Area wide gross density of 60 dwelling units per acre (LUT 53.2). This density is consistent with adjacent properties that have already been rezoned. 3. The General Plan Density for Urban Core Residential is 28 -60 units per acre. The proposed change in zoning from R3 to UC 1 is consistent with the above provision of the Cummings Initiative, since the change would be to the next highest residential density category as identified in General Plan Land Use Designation and Zoning Table 5 -4. D. APPROVAL OF AMENDMENT TO ZONING MAP That the City Council does hereby approve the amendment to the Chula Vista Zoning Map, established by Section 19.18.010 of the CVMC. The rezone is depicted in Exhibit `B." III. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. IV. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. V. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VI. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Kelly Broughton Development Services Director Approved as to form by Glen R. Googins City Attorney EXHIBIT A LOCATOR NORTH ECT 'ION "A PCZ-12-03 EXHIBIT B Z O U C- 1 1 pSEV4eo S� z PLV P vlo IE liAar SOURCE: FILE CASE NUMBER: PCZ -12 -03 CHULA VISTA PLANNING & BUILDING DEPARTMENT ACREAGE: 0.38 1 HEREBY CERTIFY THAT THE ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON CITY CLERK DATE SCALE: NO SCALE DATE: SEPTEMBER 18, 2013 DRAWN BY: C. J. FERNANDEZ ZONING MAP - 518m t, r/ I CHECKED BY: 011MYSTA EXHIBIT A 5,A, -A 'g cl� o " \ N, P '4 l 6-f '4 PROJECT ` " LOCATION LOCATOR A PCZ12 NORTH --03 EXHIBIT B �a s ?L .A r 1 ; ✓ � osltf pSE q 4 i Wit✓'_ ;,� .- j` � �,,,, -,,. t 1 � '� ^ SOURCE: FILE CASE NUMBER: PCZ -12 -03 CHULA VISTA PLANNING & BUILDING DEPARTMENT ACREAGE: 0.38 1 HEREBY CERTIFY THAT THE ZONING MAP WAS APPROVED AS A PART OF ORDINANCE SCALE: NO SCALE BY THE CITY COUNCIL ON - CITY CLERK _ DATE DATE: SEPTEMBER 18, 2013 DRAWN BY: C. J. FERNANDEZ \ J ZONING MAP - 518 ��__fryy CHECKED BY: /// QiUL9VLSTA RORTN THIRD AVENUE VILLAGE ASSocmmoN Mayor Cheryl Cox 353 Third Avenue Chula Vista City Councilmembers Chula Vista, CA 91910 276 Fourth Avenue (619) 422 Phone Chula Vista, CA 91910 (619) 422 -1452 452 Facsinule www.thirdavenuevilla e.com May 1, 2013 Dear Honorable Mayor Cox and Councilmembers, 2013 Board of Directors Michael Green — President I am writing on behalf of the Third Avenue Village Association's (TAVA) Board of Directors to express their unanimous support in Adam Sparks - Immediate past president favor of the Chula Vista Colony 162 unit multi- family housing Christine Moore - Vice President project slated to be located within the Third Avenue Village John Mendez — Secretary Association district. Tom Money — Treasurer The TAVA Board of Directors has reviewed the project and Steve Bandoian believes that the addition of this market rate urban development Eric Crockett aligns with the City of Chula Vista and our organization's vision of creating a pedestrian oriented community accessible to the local Carl Harry shopping, entertainment and professional services that make up the Betsy Keller Third Avenue Village. Todd Reinheimer Snooky Rico On behalf of the Third Avenue Village Association's Board of Greg Smyth Directors, we encourage the City of Chula Vista to join us in support of this project. Ian Trotter S'ncerely, EXECUTIVE DIRECTOR ( { i' Luanne Hulslzer Luanne Hulsizer EVENT MANAGER Executive Director Jovita Juarez OFFICE MANAGER Heather Marshall