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HomeMy WebLinkAboutAgenda Statement 1974 /10/01 Item 09Item No. 9 October 1, 1974 Ordinance No. 1571 � • AGENDA ITEM N0. [ 9 ] CHULA VISTA CITY COtNCIL MEETING OF: October l , 1974 ITEbt TITLE: Ordinance No. 1571 - Amending Section 33. 508 C and Section 33.509 C to permit residential use in the C-N and C-C zones - Second reading and adoption INITIATED BY: Director of Planning BACKGROUND After holding a public hearing on September 24, 1974 for consideration of this amendment to the Zoning Ordinance, the ordinance was placed on first reading. It is now before the Council to be placed on second reading and adopted. ATTACHED: Resolution [ ] Ordinance [ ] Agreement [ ] Plat [ ] See EXHIBITS [ ] No. Financial Statement: Commission-Board Recommendation: N.A. Department Head Recommendation: Place ordinance on second reading and adopt City Manager Recommendation: Concur � � AGENDA ITE41 N0. [ Zab ) CHULA VISTA CITY COUVCIL 6fEETING OF: September 24, 1974 Public hearing - Consideration oi amendment to Zoning Ordinance to permit residential uses in certain coramercial zones ITEM TITLE: Ordinance - Amending Section 33.503 C and Section 33.5U9 C to permit residential use in the C-N and C-C zones iviTIATED BY: Director of Planning A, BACKGROUND l . This is a City Council initiated request to study the desirability of residential uses in cormiercial zones. At tiie meeting on June 11 , 1974 Council directed staff to consider "a proposal that residential dwelliny units be permitted in comriercial zones subject to conditions" (I•tinutes of 6/11/74) . Council furtlier asked that the report cone back to them in September 1974. 2. An Initial Study, IS-74-33, of possible adverse environmental impacts of tliis amendment ��as conducted by tfie Environmental Reviev� Committee on August 15, 1974. The ERC concluded that there �•iould be no significant effects and made a PJegative Ueclaration (attached) . fJo appeal of tle9ative Declaration has been received during the appeal period and it became final on August 30, 1974. B. Discussionssion 1 . The Zoning Ordinance presently allows R-3 uses (32 d�ielling units per acre) in the C-B and C-0 zones by conditional use permit. The Council ' s objective in making this request is interpreted to be the expansion of the choice of commercial zones in ���hich residential uses may be permitted. 2. Tliere are no�•� 883 residential units in Chula Vista's commercial zones (Source: Land Use Printout dated P1arch, 1974). This number includes mobile horae parks. If the latter are not counted, then the number of units is 454 d�ielling units of all types. The breakdown of residential uses is provided below for information and clarification: (Continued on supplemental page 2) ATTACHED: Resolution [ ] Ordinance � ] Agreement [ ] Plat [ ] See EXHIBITS � ] No. 1,2 Financial Statement: Commission-Board Recormnendation: The Planning Commission voted 6-0 on August 28, 1974, to reco�end that the City Council adopt zoning ordinance amendment which would permit residential uses in the C-N and C-C zones , in accordance with the attached Planning Commission Resolution PCA-74-4. Department Head Recommendation: Concur City Dfanager Recommendation: Concur 1� Chula Vis�ta City Council • • , Meeting of September 24, 1974 AGEiIDA ITEt•1 �JO. Zab Supplemental Sheet hlo. 2 Zone Dwelling Type SFD attacfied Qoarding Residential SFD-D SFD-A to Commercial Uuplex Apts. House liotel Total C-6 9 - - 5 29 16 - 59 C-C '23 - - 2 13 - 25 63 �-(J - - - - - - - 0 C-0 88 3 6 38 82 - - 217 C-T 33 2 3 16 57 - - 111 �-V - - - 4 - - - 4 Sub- , Totals 153 5 9 65 181 16 25 454 Plus 429 Mobile Homes in C-T zone 429 TOTAL 883 Tlie vast majority of "non-mobile home" residential units are concentrated in and around do�mtown Chula Vista in the C-D and C-0 zones. The vast majority are also non-conforming uses, having been built before the cormercial zoning was established. The intent of the Zoning Ordinance provisions permitting the R-3 uses (apartments) in the C-Q and C-0 zones is to recognize the compatibility of higher density residential uses with the "downtown" and Npr,ofess�ional" activities of the zones involved. Qy conditional use, such residential complexes are held to be compatible with, and beneficial to, such commercial operations, by virtue of similar building types, traffic generation, and the mutual attraction between downtorm. retail and professional services and residents within the core of these activity centers. 3. In reviewing the Zoning Ordinance provisions, it can be said that other commercial zones could also accommodate a desirable mixture of residential and commercial activities. However, by process of elimination, there are t��o zones wfiich would not be candidates for such mixed uses at the outset. a. C-T (Tfioroughfare-Commercial ) . The heaviest intensity of all the "C" zones, C-T zone uses are historically characterized by shallo�v depth, strip commercial activities oriented to the automobile (as implied by the name "thoroughfare"). Inclusion of residential units in such high activity, noisy areas �•�ould not be environmentally desirable and should not be encouraged. b. C-V (Uisitor-Corrunercial ) . This zone is specifically designated for visitor and recreational corrmercial uses. The location of most C-V zoned parcels next to freeways and thoroughfares, as �vell as tiie permitted uses in the C-V zone, argues against the addition of resi- dential dwellings. 4. The elirnination of the C-T and C-V zones leaves two zones not now designated for r.esidential uses: C-C (Central-Commercial and C-N (IJeigfiborhood- Corrmercial ) . a. C-C zone: This zone is best characterized by the Chula Vista Shopping Center: large buildings; expansive parkiny; and substantial setbacks; and the Bonita Shopping Center: smaller, but o-iell designed in terms of funtionality and design. Those properties zoned C-C eihich are wide and . .Chula Vista City Council , - . Meeting ot September 24, 1974 AGE�7DA ITEt1 W0. 2ab Suppleiaental Sheet No. 3 deep may be well suited to the inclusion of multiple family complexes, either �•�ithin or next to (on the sarae property) comraercial enterprises. Several presently vacant properties zoned C-C come to mind as being appropriate for partial multiple family uses or cor�bined comiercial . uses: 12-acre property at. the south���est corner of 6onita Road and Otay Lakes Road; 18-acre property on the north side of Telegrapfi Canyon !?oad, bet���een Crest and Ilalecrest Drives; and the Rancirl•tart site at Third Avenue and "H" Street. Other C-C zoned properties, particularly those along Third Avenue between "G" and "K" Streets, are not. e�ell suited to residential uses. The strip in question is characterized by shallow, narrow lots, an admixture of use, and a "thorougiifare" like environrnent. Itesidential uses on this street are tt•ansitional at best, and ne�a developments should not be en- couraged. Ilotwithstanding the reservations pertinent to portions of Thir� f�venue, there are valid argumenis in favor or allowing R-3 uses in the C-C zone, subject to approval of a Conditional Use Permit. And eiitii the C.U.P. process, residential additions on Third Avenue would be subject to the scrutiny of the Planning Comnission by their obligations to make four required findings �ahich essentially deal witii the compatibility of the proposed land use to a particular area; street, or neighborhood. In this manner residential uses �ihicii do not function viell or create a desirable living environmenta can be regulated. b. C-II zone: "Neighborhood" is the theme of the C-il zone: close to and in some cases witiiin, residential neighborhoods, on secondary streets. Inclusion of residential uses in the C-I� zone appears to be an acceptable addition, particularly as a buffer beiween the commercial operations and neighboring SF units. Since the C-N uses are restricted to the least offensive types, their impact on adjoining R-3 residential uses would be minimal , and certainly no great�r than their present impacts on adjacent properties. It is therefore recomnended that residential uses be per- mitted in the C-I; zone, subject to conditional use permit, and. limited to tfie density allowed by the R-3-u zone (17.4 DU/Acre). Apartments at the lowest density are recommended (versus R-1 or R-2 uses) to pre- clude the necessity of creating individual lots, and to take advantage oi the site desiyn flexibility of apartment development, ��hile keeping the density as loo-� as autfiorized by the Zoning Ordinance. 5. R-3-li in the C-6 zone. The present C-6 zone regulations read, under Conditional Uses: "7. R-3 residential uses above the ground floor as re9ulated in the It-3 zoning district, provided that it-3 yard requirements may be modified where appropriaie." Staff has considered tfie possibility of recorrmiending that E;-3-H densities (54 DU/Acre) be allowed in the C-B zone. One of the emerging land use patterns , if not the explicit intent, of the C-I3 zone (downtown Cfiula Uista) is to concentrate urban activities into a compact area. Future studies of the downto�•m area should examine the possibility of intensifying the use of this high-value land. In keeping with this rationale, the inclusion of high rise apartments by conditional use permit in the doYmto�•m area �aould promote the ob.iective of concentrating uses. Author,izedrbyeeondit�iorialiuselpermit;raihigh rise apar.tment would be subject to close review by the Planning Commission eiithout the necessity of going through a rezoning. Furthermore, under the conditional use permit procedure, a high rise buildiny could accomodate several different uses--retail conmercial , offices, residential , parking--all in one structure, thereb� maximizing the use of the property, and creating a convenient and pleasant living environmenta' for those • who prefer this life style. However, the proper location and design of sucfi high rise structures in the vicinity of Third �lvenue is a matter of great importance. Accordinyly, it is Staff's opinion that t�-3-H densities (54 d�•ielling units per acre) should not be encouraged in the area until a plan for Third Avenue has been developed in conjunction �aith representatives of the Tiiird Avenue business corununi ty. . RESOLUTION N0. PCA-74-4 a �� ��1� RESOLUTTON Of THE CITY PLANNING CO�MISSION RECO��ENDING TO THE � CITY COUNCIL THE ADOPTION OF AN Ah1ENDMENT TO SECTION 33.508 C AND SECTION 33.509 C, TO PERMIT RESIDENTJAL USE IN THE C-N AND C-C ZONES , WHEREAS, on. June 11 , 1974 the City Council directed that consideration be given to permitting residential d�aelling units in commercial zones subject to � conditions, and WHEREAS, the Zoning Ordinance presently allows R-3 uses in the C-B and C-0 zones by conditional use permit, and WHEREAS, a revietia was made of residential uses presently existing in other cortunercial zones (nonconformir� uses) , and WHEREAS, the Planning Commission set the time and place for a hearing to consider an amendment to the Zoning Ordinance to permit residential uses in certain conmiercial zones, and notice of said hearing, with its purpose, was , given by the publication in a ne�•+spaper of general circulation in the City at least 10 days prior to the date of said hearing, and WHEREAS, a hearing was held at said time and place, namely 7:00 p.m. , August 28, 1974 in the Council Chamber, Civic Center, before the Planning Cortunission and said hearing was thereafter closed . NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1 . From facts presented to the Planning Commission, the Commission finds that public necessity, convenience, general welfare and good zoning practice ' require the adoption of the following amendment to the Zoning Ordinance: a. Section 33. 508 C (C-N Neighborhood Co«unercial Zone - Uses Subject , to Conditional Use Permit) - add new paragraph 5: "5. R-3-G residential uses, as regulated in the R-3-G zoning district. " b. Section 33.509 C (C-C Central Commercial Zone - Conditional Uses) - add new paragraph 12: "12. R-3 and R-3-G residential uses as regulated in the R-3 zoning districts. " ' 2. The findings of fact in support of said determination are as follo�•rs : w a. �Lero� density residential use (17.4 DU/Acre) in the C-N Zone will serve as a buffer between commercial operations and neighboring single family dwellings adjacent to Neighborhood Connnercial Districts. b. Those properties zoned C-C which are wide and deep are well suited to the inclusion of multiple family enterprises; several vacant properties ,� � zoned C-C appear appropriate for multiple family uses or co�nercial uses rnmhinnrl wih{i multinlo familv ncnc 3. The Planning Commission recommends to the City Council that said amendment be adopted. , 4. That this resolution be transmitted to the City Council . PASSED AND APPROVED BY THE CITY PLAy�ItdG COh4,tISSION OF CHULA VISTA, CALIFORNIA, this 28th day of August, 1974, by the following vote, to-wit: AYES: Commissioners Rudolph, Starr, Wilson, Chandler, Floto and Pressutti NOES: None ABSENT: Comnissioner Rice ,��-. ������ � Chairman , ATTEST: �1-{/LE�lL �V/ OC�/Q�" 9/ Secretary , � � .. . . • � . . � ' / I�OTICC OF NLGATII�E DECLMFl7I01; OF EIlI'IRCIJIi[NTAL II•1PACT NOTIC[ IS II[RECY GiV[I; that on ' August 15, 1974 a Ilcgative Oecl�ration of Environm^ntal Lr,pac;; u�u issued by the Cnvironr.iental Hevie��r Co::unittec of . the City of Chula Uista. 7he �roject, descrif,ec! as Zoning Ordinance change to allo�•r mixed uses �•�ithin a single zoning district. o�a te a z - y�"o f`L1-iLT�"zIi`s t . It is the finding of the Fm�ironmental Revie�,r Coi�n�iittee tha� the project �riil not have a significar,t effect on iiie environrient �or tho- follor�ing reasons: 1 , There are no significant environmental features involved o-�hich ��ould be a vers y ar ecie"a 6y�'ne a o--c-1 ptioii ofi �he�F�oTicy an ie cfiange in� il-"e� : zontny or inance. 2.",Tfe p'roject con orms to the enq term environmenta goa of the Cit of u a ista in thaTis sTiould�fieTp to consoTi�d'ate develop�,ient in tie ur anized area o tne i y o inc��eas`e �e er icienc use o�Tand`an-d siioulf-TieTp to . , re uce ne�oence on`au�oii�obiTes aiid frie a�teridan pro6Tem's tfiereto. — 3-�roi+tT i-i�ucina ei�ec s s iou e mimmal , an iose pr"oduced s��c;s�14:be i��T"e orri o� conso�i3ation .�i�� nn �e urbamze area. ' _ e pro�ec as no siyni ican a ve'rse e ectis on uman eings. The person (fi�m�, etc.) �•:ho prepared the inforr�ation for the Initial Study �•+as (ti,2re) Wi liam D, icoberts This Initial Siudy ppplicatio� and Evaluation is on file �•rith the Enviror�raen.al Reviev; Coordina*_or o� the City of Chula Vista and nay be revie�•�ed at the Planr,ing Departmen� of the City of Chula Vis;a during regular business. hours . Any appeal of this t4egative Declaraiion to the Planning Conu�ission must be submitted to the Envirunmental Revie:v Coordirator, Chula Vista Civic Centcr, Planning Department, _ 276 Fourth Aeenue, Chula �lista, California, 92010, �•�ithin fifteen (15) days o� the date of tfiis notice. Douglas D. Reid Environnental Reti�ie:•� Coordinator � - CASE t:UI4(3ER IS-74-33 . � Date August 15, 1974 ; ' � . - y� EN-3 (rev. 2-15-74) ' � � . �