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Home My WebLink AboutOrd 2013-3292 ORDINANCE NO. 3292 ORDIi�'AI�'CE OF THE CIT1' OF CHi1LA VISTA AI�4EI��DII�'G THE ZOI�rIt�'G MAP ESTABLISHED B1' CHliLA VISTA Milh'ICIPAL CODE SECTION 19.18.010 TO REZONE T��O (2) PARCELS. TOTALIi�TG 0.38 ACRES. LOCATED ON 7�HE NORTH SIDE OF ALVARADO STREET. FROA4 .A n4ULTI- FAD4ILY RESIDEI�TTIAL ZONE (R-3) TO A M1XED-USE ZONE (UG1) I. RECITALS A. Project Site �T�'HEREAS. the subject matter of this Ordinance is the Zoning Map established b}� 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; Discretionar�� Approval R'HEREAS, the Project Site, ��hich is the subject matter of this Resolution, and is depicted in Exhibit `'A," attached hereto and incorporated herein by this reFerence, consists of t�vo (2) parcels located on Alvarado Street (APNs �68-�11-18 and 19); and V✓HEREAS, the proposed rezone of the t�io residentiall}� zoned parcels to UC-1 ��ill mal:e them consistent «ith the UG1 zone alread�� esisting on the contiguous pazcels: and V1'I-IEREAS, the Development Services Director recommends appro��al of an amendment to the adopted zoning map established by Section 19.18.010 of the Chula Vista A4unicipal Code in order to rezone the Project Site from R-3 to UC-1; and �VHEREAS. the Plannine Commission, bv Resolution PCZ-12-03. recommends that the Cin- Council amend the Zoning A4ap established bv CVMC Section 19.18.010, ro rezone h��o (2) parcels located on Alvarado Sveet from an existin� Multi-Famil�� Residential Zone (R-3) to a Mixed-Use Zone (UG1): and C Compliance �+�ith the California Environmental Qualin- Act (CEQA) V�'HEREAS. The Development Sen�ices Director has completed Secondarv Study (IS-12- 002), in order to determine project consistency with the Urban Core Specific Plan EIR (PEIR-06- O1). Based on the environmental anal��sis contained ��ithin this Secondary Stud}�_ the proposed action ��ill not have anv sienificant effect on the environment other than as identified in the PEIR. In addition, the rezonine of the parcels to an Urban Core densitti� of up to 60 du/acre w�as analvzed in the 200� General Plan Update EIR (EIR-O�-OI) as part of the 200� General Plan Update. The proposal is consistent with the anal}�sis and conclusions of EIR-O�-OI. No additional impacts or mitigation measures beyond those identified in EIR-0�-01 �tii11 result from Ordinance No. 3292 Paae 2 this rezone request. The proposed rezone is, therefore, also covered under EIR-OS-01. Therefore, a negative declaration, subsequent environmental impact repoR, supplement to em�ironmental 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 advcrtised public hearing on the Project o❑ September 2�, 2013 and voted 4-0-2-0 to recommend that the City Council approve the rezone; and WHERGAS, 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 R'HEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 19, 2013; on the Project to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. ll NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby find and determine as follo�i-s: A. CERTIFICATION OF COMPLIANCE WITH CEQA That a Secondary Study (IS-12-002) has been compleled in order to determine project consistency with the Urban Core Specific Plan EIR (PEIR-06-01) and based on the environmental analysis contained �i�ithin this Secondary Study, the proposed action �i�ill 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 �i�as analyzed in the 200� General Plan Update EIR (EIR-OS-01) as part of the 2005 General Plan Update. The proposal is consistent �i�ith the analysis and conclusions of EIR-OS-01. No additional impacts or mitigation measures beyond those identified in EIR-OS-01 will result from this rezone request. The proposed rezone is, therefore, also covered under EIR-OS-01. Therefore, no negative declaration, subsequent environmental impact repori, supplement to environmental impact report, or addendum to en��ironmental impact report has been prepared. B. I1�'DEPENDENT JUDGMENT OF CITY COUNCIL That the City Council has esercised its independent review and judgment and concurs �vith the Development Services Director's determination that the rezone is consistent with the General Plan EIR (FEIR-OS-01) and the Urban Core Specific Plan EIR (PEIR-06-01). Ordinance No. 3292 Pase 3 C. FII�TDII�'GS FOR RESIDENTIAL ZONE AMENDA4EI�rTS That the proposed rezone for the Project from R-.i to UG1 would result in the area converting to a residential intensitv that is the next level of density in conformance H�ith Chapter 19.80 ofthe Chula Vista Municipal Code in accordance H�ith the folloti�ing: 19.80.0%D Chula i%ista Zoning Code tl�odification A. Reaoning of property designuted for residential derelopment under 7he Crh�'s zonu�g code shall be permitted onlv to the nest highest residen�ial density categon� in mrv nno}�ear period uccordi�7�to the folloiring schedule: ,4 � Agricultural Zone RE Residentiul Eslates Zones R-1 S777gIQ FGYlt7IV RQSICIPYII(GI R-1 One and Tivo-Fanrrly Residenlial Zone R-3 .Apartment Residen�iul Zone This proposal «-ould rezone the propem� to the next highest residential density level; as detailed below: l. The subject properties are currently zoned R-3. Pursuant to the General Plan desisnation. a hieh densin� R-3 zonine has a densirv ranee of 18 to 27 d�i�elling units per acre. � 2. The General Plan Update (GPU) designates the H Street Oftice Focus Area as a Transit Focus Area (TFA) �vithin the Urban Core, ��ith transit-focused mised uses on the east and west sides of Third Avenue. Mi�ed-use de��elopment is encouraged within �aalking distance of a planned future transit station near Third Avenue and H Street. According to GPU polic�� for the H Street Office Focus Area. residential densities ��ithin the A4ised Use Transit Focus Area desienation are intended to have a Focus Area wide gross densit�� of 60 d��-elline units per acre (LUT �3.2). This density is consistent ��ith adjacent propenies that have already been rezoned. 3. The General Plan Density for Urban Core Residential is 28-60 units per acre. The proposed chanee in zonin2 from Ri to UC1 is consistent with the abo��e provision of the Cummings Initiative, since the change ��ould be to the next highest residential density categorv as identified in General Plan Land Use Desienation and Zoning Table �-4. 4. Hieh densitv multi-famil�� residential alread�� esists ��ithin the Urban Core: (1) Conereeational To�i�ers (an affordable senior facility), located at 288 F Street, is zoned R3H and has a densit}� of 248 units per acre, and (2) ParkH�oods (market-rate condominiums), located at 376 Center Street is zoned R3HP and has a densit�� of 31 units per acre. Ordinance I�'o. 3292 Page 4 D. APPROVAL OF AT4ENDMENT TO ZONING MAP That the Cit}� Counci] does hereby approve the amendment to the Chula Vista Zoning Map, established by Section 1918.010 of the CVMC. The rezone is depicted in Exhibit "B.'' IIl. 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 an}� other person or circumstance. The City Council of the City of Chula Vista hereb}� 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, dauses or phrases of the Ordinance be dedared 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 federa] law and this Ordinance shall be construed in light of that intent. V. EFFECTIVE DATE This ordinance shall tal:e effect and be in full force on the thirtieth day from and afrer its adoption. VI. PUBLICATION The City Clerk shall certify to the passaee and adoption of this Ordinance and shall cause the same to be published or posted accordin� to law. Vresented by Approved as to form by �� f� �k' . Kelly G. o ton. FASLA Glen R. Googins � � Director of Development Services Ci v Attorney �� Ordinance No. 3292 Pase � PASSED. APPROVED, and ADOPTED bv the Cit�� Counci] of the Citv of Chula Vista_ Califomia. this l Oth dav of December 2013. bv the folloN�ine �ote: AYES: Councilmembers: Aeuilaz. Bensoussan. Ramirez. Salas and Coa \'AYS: Councilmembers: I�'one ABSENT: Councilmembers: None I , Chervl Cox, � ��or ATTEST: 0�.—� Donna . \orris. C 4C. Citv Clerk STATE OF CALIFORNIA ) COUI�iTl' OF SAN DIEGO ) CITY OF CHULA VISTA ) I; Donna R. Noms. Cit}� Clerk of Chula Vista, Califomia, do hereby certifi- that the foregoing Ordinance No. 3292 had its first readine at a reeulaz meeting held on the 19th day of I�'ovember 20li and its second readine and adoption at a reQUlar meeting of said City Council held on the l0th day of December 20li; and ��as duly published in summan� form in accordance ��ith the requirements of state law and the Cit�� Charter. G o� y �Co� �, � ._.�. Dat Donna R. Norris. MC. Citv Clerk Ordinance No. 3292 Paee 6 EXHIBIT A �„ � �� ,v� C�-` \ �n � ��\\ �� r � �/ ` / I � A � `�� z` �, \ � 1 � y � \ / ,�� ,J FsT , � �° \ � ` � � � � ^ �� , �Q��c�� " � � �? ``0.�5�'�'Y. � � ` �+ � � 1 EN�r,�� ' \�' 1 \ �� L � �� , � � h�� \ 1 1 \ , � , � � � -� , -�. �� ;; �� ' -� , , � /� U �,` � � � � .^h�,KN Gl �ri� �� C� 1 � \ S'��'� \ �.`1\�� n� � r ��V> `1 `t P \ i\ 1 `1� \ \ \ ` � ` \ V , � � � j ��,+� . � � _� \ ` PROIECT � �, � �, ,� LOCATIOAI ��"'` \ \ � � ,� �� % , �\ � � � � ` o ��✓ �'� \✓-� < \ �� " � � �^ � �1 � \ \ � ' � ��'-;CI \_ , �"��" LOCATOR � \ '�� O `S �SS' f � y � / y � NORTH � �� \` � \ Q L � PCZ-12-03 Ordinance No. 3292 Paee 7 EX:IBiT 3 ✓ �/ , � i 0 P� r Z � S yG � O �—� �G UG1 \ OO 5'C R��S�v�`� Sj P�vP� \ N gS � ��:F� �1 EXF7IBITy=B�` GSEMIMBFR: �Z-�Z-O3 CHULA VISTA PLANNING & BUILDING DEPARTMENT `��' 0.38 I HEREBY CERTIFY THAT THE ZONING MAP WAS APPROVED AS A PART OF ORDINANCE 5�� NO SCALE BY THE CIiY COUNCIL ON �� SEVfEMBER 18,2013 crtr aFmc ne.n oanwn er: c.J.FEaruNO¢ O �\4/� �NK�p,Y. ZONING MAP - 518 '�` � auu�