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HomeMy WebLinkAboutAgenda Statement 1974 /11/19 Item 10 Item No. 10 November 19, 1974 Ordinance No. 1577 . AGEVDA ITEM N0. [ 10 I CHULA VISTA CITY COU�CIL �IEETING OF: November 19, 1974 iTE�t 'ri'rLE: Ordinance No. 1577 - Amending Zoning Ordinance .to change zone of property at 255 E Street from C-0 to C-C-P - Second reading and adoption IVITIATED aY: Director of Planning BACRGROUND After holding a public hearing on November 12, 1974 for consideration of this zone change, 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: Department Head Recommendation: PlaCe ordinance on second redding dnd adopt. Cit Mana er Recommendation: Concur Y S � � AGENDA ITEDf N0. [ 3a,b ) CNULA VISTA CITY COU,�'CIL DIEETING OF: NOV2mb2r 12, 1974 Public hearing - Consideration of change of zone for property at 255 E Street from C-0 to C-T, PCZ-74-1 ITE�t 'rITLE: Ordinance - Amending Zoning Ordinance to change zone of property at 255 E Street from C-0 to C-C-P INITIATED BY: Director of Planning A. BACKGROUND 1 . The applicant applied for a rezoning of the property from C-0 to C-T in order to permit a carpet store to occupy the existing building. (Please refer to locator plat. ) Such use is not allowed in the •C-0 zone but would be permitted in the C-T zone. 2. The request is categorically exempt (Class 5) from the provisions of CEQA 1970, as amended. B. ANALYSIS 1 . Surrounding zoning and land use: North - R-3 Frederick Manor cottages South - R-3 Apartments (across E Street) East - C-0 Insurance agency; apartments West - C-T Vacant lot; 7-11 store 2. Proposed use. In a letter dated September 16, 1974 the applicant stated that a lease had been entered into with Raffee' s Carpets to occupy the existing 3800 sq. ft. building on this site. Over 1100 sq. ft. of building area will be designated for storage, there- fore, a parking ratio of one space per 200 sq. ft. of retail space would require 14 spaces. The area to the rear of the building can easily provide this number. The use would be compatible with adjacent land uses provided a zoning wall is built on the rear property�line to insulate the residents from the corrnnercial activities. Exhibit A shows the layout of the building and parking. (continued) ATTACHED: Resolution [ ] Qrdinance [X-] Agreement [ ] Plats [X] See EXHIBITS [X] No. 1-2-3-4 Financial Statement: Commission-Board aecommendation: The Planning Coimnission voted 5-1 on October 9, 1974 to recorrmend that the City Council rezone the subject property from C-0 to C-C-P, with development subject to approval of a precise plan conforming to the conditions set forth in Resolution PCZ-74-L Department Head Recommendation: ConCUr City Dtanager Recommendation: Concur � � AGENDA ITEM NO. . 3a,b Supplemental Page No. 2 3. Appropriateness of the C-T zone. The proposed use is allowed in the C-T zone, which itself would be an exten- sion of the predominant land uses along Third Avenue to the west. Since the C-T zone is the least restrictive cormnercial zone in the city, other uses, particularly those allowed by conditional use permit, would not be compatible with the nearby residential areas or�the adjoining cormnercial uses. Historically, rezoning an area for a more intensive activity than necessary eventually leads to further requests for inappropriate uses. .To avoid possible conflicts of incompatible land uses, the Planning Corrunission recormnended that the C-C zone, which also allows for retail activity, such as a carpet business, be considered a more appropriate zoning category. 4. Site Design. With the existing building located on the front property line, landscaping of the area becomes impractical . The rear parking area is more than adequate in size and, therefore, landscaping in accordance with City standards can be accomplished. As mentioned previously, a zoning wall should be installed along the north property line. 5. Discussion of Consistency with General Plan At the October 9 meeting, the Planning Cortonission discussed whether or not the proposed use and enabling zoning was consistent with the General Plan which designates this area of E Street for Professional and Office Cortunercial and Thoroughfare Corrnnercial . Since the proposal amounts to a change in use of an existing building, and the use is no more intensive than the previous office use, in terms of traffic and parking requirements, the proposed rezoning fulfills the intent of the Zoning Ordinance and General Plan. An amendment to the General Plan to redesignate this area of E� Street from Professional and Office Cormnercial and Thorou9hfare Cormnercial. to Retail Cortmercial will be undertaken during the next scheduled General Plan amendments in 1975. .Con- currently, the adjacent area north of E Street and to the west of the subject property will also be evaluated for a possible zone change from C-T to C-C. All of the present uses in this area are permitted in the C-C zone and the incursion of heavier corronercial uses allowed in the C-T zone would be inappropriate. C. FINDINGS 1 . Good zoning practice and the general welfare of the area necessitates that the zoning of the subject property recognize not only its location on a busy street, but also the neighboring land uses which must be insulated from possible adverse effects from comnercial activities permitted by the zoning. Accordingly, the rezoning of the subject property from C-0 to C-C will satisfy the needs of the applicant, will add a convenient co�nercial use to the cortununity, and will safe- guard the existing environment of neighboring residential uses. The assignment of the "P" Precise Plan Modifying District is necessary in order to ensure that this developed site is adequately planned in terms of parking and landscaping and to adequately buffer the residential units to the north from commerc.ial activities on this site. 2. The proposed rezoning to C-C for Retail Cortunercial is consistent with the intent of the General Plan. -1� 7 - 3 , , RESOLUTION N0. PCZ-74-L =RESOLUTIO�J Of THE CITY PLANP�IP�G COP1�tISSION RECOi•itdEPJDItJG TO ,.=•;, ;. TNE CITY COUilCIL A CH/1F�GE I�; ZOPUI:G FROM C-0 TO C-C-P FOR ty=,�.i!3S � =PROPERTY LOCATED AT 255 E STREET . � a �WHEREAS, a duly verified application for a change of zoning was filed :�with the Planning Department by U. S. Capital Corporation on September 16, 1974, Aplication P�o. PCZ-74-L, and -WHEREAS, said application requested a change in zoning for one parcel �measuring 75' x 165' located at 255 E Street, from C-0 to C-T, and. WHEREAS, the Planning Corrmission 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 in a newspaper 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. , . October 9, 1974 in the Council Chamber, Civic Center, before the Planning -Commission, and said hearing was thereafter closed. NOIJ THEREFORE BE I7 RESOLVED AS FOLLOWS: 1 . From facts presented to the Commission, the Comnission finds that public necessity, convenience, general welfare and good zoning practice require tfie chznge of zoning `rom C-0 to C-C-P with the Precise Plan requirement for landscaping of the rear parking area. The landscaping plan shall include (a) an automatic irrigation system, and (b) a zoning wall along the north property_ line, and shall be submitted for approval by the City's Landscape Architect with implementation to occur within 90 days of the occupancy of the buil'ding. 2. The findings of fact in support of said determination are as follows: a. The C-C zone will satisfy the needs of the applicant and will add a convenient co�mnercial use to the corrnnunity. b. The assignment of the "P" Precise Plan htodifying District will safeguard the existing environment of the neighboring residential uses through the requirement of a zoning wall and landscaping. c. The C-C zone is consistent with the General Plan and with adjacent co�mnercial uses. 3. The Planning Commission recomnends to the City Council that said change be granted. 4. That this resolution be transmitted, along with the application, to �� the City Council , and a copy of this resolution shall be transmitted to the applicant. f - . . . . 3 RESOLUTION N0. PCZ-74-L RESOLUTION OF THE CITY PLANNIMG COhii11SSI0N RECOt�i4ENDItJG TO �-�.�•. THE CITY COUtdCIL A CHAhIGE IM ZONIt•JG FROM C-0 TO C-C-P FOR �,;�c:i°+'b � PROPERTY LOCATED AT 255 E STREET . � . , (I� � g WfiEREAS, a duly verified application for a change of zoning was filed with the Planning Department by U. S. Capital Corporation on September 16, 1974, Aplication P�o. PCZ-74-L, and WHEREAS, said application requested a change in zoning for one parcel measuring 75' x 165' located at 255 E Street, from C-0 to C-T, 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 in a newspaper 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. , . October 9, 1974 in the Council Chamber, Civic Center, before the Planning Commission, and said hearing was thereafter closed. N04! THEREFORE BE IT RESOLVED AS fOLLOWS: 1 . From facts presented to the Commission, the CortQnission finds that � public necessity, convenience, general welfare and good zoning practice require the chznge of zoning from C-0 to C-C-P w.ith the Precise Plan requirement for landscaping of the rear parking area. The landscaping plan shall include (a) an autanatic irrigation system, and (b) a zoning wall along the north property line, and shall be submitted for approval by the City's Landscape Architect with implementation to occur within 90 days of the occupancy of the buil'ding. ' 2. The findings of fact in support of said determination are as follows : a. The C-C zone will satisfy the needs of the applicant and will add a convenient corrIInercial use to the community. b. The assignment of the "P" Precise Plan htodifying District will safeguard the existing environment of the neighboring residential uses through the requirement of a zoning wall and landscaping. c. The C-C zone is consistent with the General Plan and with I�� ad�acent commercial uses. 3. The Planning Commission recomnends to the City Council that said change be granted. 4. That this resolution be transmitted, along with the application, to • the City Council , and a copy of this resolution shall be transmitted to the applicant.