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HomeMy WebLinkAboutOrd 1972-1398 ORDINANCE NO. 1398 AN ORDINANCE OF THE CITY OF CHULA VISTA, AMENDZNG ZONING MAP OR MF1PS ESTABLISHED BY SECTION 33 .401 OF THE CHULA VISTA CITY CODE, REZONING THAT CERTAIN PROPERTY LOCATED ON WEST SIDE OF FOURTH AVENUE , NORTH OF H STREET, FROM R-3 TO C-O-P, AND CHANGE OF SETBACK ALONG FOURTH A�IENUE FROM 25 FEET TO 10 FEET The City Council of the City of Chula Vista does hereby ordain as follows : SECTION I : That the Zoning t4ap oi Maps , established by Section 33 . 401 of the Chula Vista City Code be hereby amended by adding thereto the following zoning changes : That that certain property located on west side of Fourth Avenue, north of H Street, consisting of approximately 3 acres, be, and the same is hereby rezoned from R-3 to C-O-P and that the setback along Fourth Avenue be, and the same is hereby changed from 25 feet to 10 feet, in accordance with Planning Commission Resolution No. PCZ-72-I , adopted on the 24th day o£ April, 1972 , pursuant to the provisions set forth in Section 33 .1201 governing the rezoning of property; and, further, that said zoning is subject to the terms and conditions of the precise plan as approved by the City Council and on file in the office of the City Clerk, with the following specifically added conditions : 1 . The property owner will participate jointly with the owner of the apartment units located to the south of the sub- ject property, in the construction of a masonry wall between the properties , . 2 . That within five (5) years from the effective date of this ordinance, the property owner or his heirs, successors and assigns will increase parking facilities and/or landscaping to include that portion of ,the premises presently occupied by apartment units with the address of 470 Fourth Avenue, Chula Vista, California. SECTION II : That any and all ordinances heretofore adopted by the City Council of the City of Chula Vista concerning zoning of said property be, and the same are hereby repealed insofar as the provisions therein conflict with this ordinance. SECTIOid III : This ordinance shall take effect and be in force on the thirty-first day from and after its passage and approval . Prese� d by Approved as to form by /" / /�1 ��_�x . . '"�/ ruce H . Warren, Director of George D�T:indberg, City Attorney' Planning ADOPTED AND APPROVED. BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA; this 16th day of ��aY , 197� , by the following - vote , to-wit : AYES : Counet2m2n Hvde. E�dahl . Scott Hobel Hamilton NAYES : Counc�Pmen None ABSENT: CUUnC-i 2m¢n _ None MQy=� � ���y ob=c U��'v�.hza ATTEST ��.�t,� � � ` C.c.t y C eh z S^tATE OF CALIFORNIA ) CuiINTY OF SFiN DIEGO } ss . CITY OF CHULA. VISTA ) l , JENNIE Mo FULASZ , C�..ty Ckehk ob .the C�..ty ub Chu2a V.�a.ta, CaZi 6onnia, DU HEREBY- CERTI Fy .tha�t �the abave and 60� ego�ng �.o a bukk, �t.zue and con.n.ec.t copy o6 and .tha.t .the �amE hao no.t been amended oh nepea2ed. DATED: C�.ty C2en RESOLUTION Of TNE CITY PLANPJING COhil•1ISSIOtJ R[COh,P1EP�D?NG TO THE CITY COUP7CIL TH[ CHANGE OF ZOidE FOR aPPROXIPihTELY 3 ACRES UN THE 41EST SIUE OF FOURTH AVEF�UE NORTH OF H STREET FROM R-3 TO C-Q-P IdHER[AS, a duly verified application for a change of.zone was filed �aith the Planning Department by Chula Vista Group Properties on the 7th day of April , 1972, Document Number PCZ-72-I , and WHEREAS, said application requested that approximately 3 acres along the west side of Fourth Avenue, 186 feet north of H Street, more particularly described in said Document, be reclassified from R-3 to C-O-P, and reduction of front setback along Fourth Avenue from 25 feet to 10 feet, and NHEREAS, Chula Vista Group Properties submitted a precise plan showing a 5-story building for physicians' offices and auxiliary hospital facilities located near the southeast corner and the remaining portion of the property to be used for parking, with the exception of an existing apartment development located in the center, which would remain for an undetermined period of time, and WHEREAS, the Planning Commission set the time and place for a hearing on said application, and notice of said hearing, together with its purpose, was given by the publication ir a newspaper of general circulation in the City at least ten days prior to the date of said hearing, and NHEREAS, a hearing was held at said time and place, namely 7:00 p.m. , April 24, 1972, Council Chamber, Civic Center, 276 Fourth Avenue, before the Planning Ca-nmission, and said hearing �ias thereafter closed. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: � 1 . From facts presented to the Commission, the Commission finds that public necessity, convenience, general welfare and good zoning practice require 1 the zoning of approximately three acres along the west side of Fourth Avenue, I 185. feet north of H Street, to C-O-P and front setback along Fourth Avenue be reduced from 25 feet to 10 feet, with the Precise Plan subject to the following conditions : a. Such plan shall be drawn incorporating all of the development re- " quirements covered in the Chula Vista Zoning Ordinance. b. "No Parking" shall be stipulated on the Fourth Avenue street frontage. c. . A continuous left turn lane shall be provided along the Fourth Avenue fronta9e. � d. The plan shall also note that occupancy of the proposed facility � �'S will be regulated by the amount of parking available, according to ,_ nrriinanrn ctandardc rr�nuirad hv tha Citv of Chula ViStd_ . . � � • e. Access to the existing apartment building remaining tvithin the project shall be limited to the main drive leading to the medical facility; direct access onto Fourth Avenue will not be permitted. . , f. The applicant shall sign an agreement waiving any future opposition to undergrounding utilities along fourth Avenue. g. It shall be required that the apartment buildings located north- easterly of the proposed high-rise structure will be phased out and replaced with parking and landscaping in a reasonable period of time. 2. The findings of fact in support of said determination are as follo�•is: a. This zone change and precise plan will produce a land use pattern that will be complementary to the existing land uses and the land uses shown on the General Plan. � b. This zone change is in conformance �aith the General Plan. 3. The Planning Commission recommends to the City Council that said reclassification be granted. 4. That this resolution be transmitted to the City Council . PASSED and A?PROVED by the CITY PLANNING CONd4ISSI0N of CHULA 4ISTA, CALIFOP,�IA, this 24th day of April , 1972, by the following vote, wo-wit: AYES: Ptember.s Macevicz, Stewart, Chandler, Rice, Rudolph and Adams NO[S: None ABSENT: Member rJhitten Chairman ATTEST: �Kv ��. —l�t.�-e-� Acting Secretary : , _ �