HomeMy WebLinkAboutAgenda Statement 1987/01/06 Item 19 COUNCIL AGENDA STATEMENT
Item 19
Meeting Date 1/6/87
ITEM TITLE: Public hearing: PCZ-86-B - Consideration to rezone 0.19 acres
at 618 Fourth Avenue from R-1 to R-3-P-5 - Educare Children's
Center (continued)//
Ordinance4 Y Rezoning 0.19 acres at 618 Fourth Avenue
from R-1 to R-3-P-5
SUBMITTED BY: Director of Pl anni ng /7(G Jtt.A.Au) '=r�uuv� r►ivu nuur�lUA
REVIEWED BY: City Manager U (4/5ths Vote: Yes No X )
The proposal is to rezone 0.19 acres located at 618 Fourth Avenue from R-1
(single family residential ) to R-3-P-5 (multiple family residential/5 dwelling
units per acre). The purpose of the rezoning is to allow the property to be
used to expand the preschool located directly to the north of the site.
At the meeting of November 18, 1986, the Council opened and closed the public
hearing on this item, and unanimously moved to approve the rezoning and refer
the matter back to the Planning Commission for report and recommendation as is
currently required by the Municipal Code.
RECOMMENDATION: That Council enact an ordinance to rezone 0.19 acres at 618
Fourth Avenue from R-1 to R-3-P-5.
BOARDS/COMMISSIONS RECOMMENDATION: On October 8, 1986, the Planning
Commission had voted 3-2 to recommend approval of the rezoning. The Municipal
Code, however, requires an affirmative vote of not less than a majority of the
seven-member Commission (4 votes) in order to forward a recommendation of
approval to the City Council . In the absence of a recommendation for
approval , the Code deems the application denied by the Commission. It was
acted on by Council on November 18, 1986, who referred it back to the Planning
Commission.
On December 3, 1986, the Planning Commission, with two Commissioners absent,
voted 3-2 to recommend denial of the rezoning.
DISCUSSION:
The Council motion to approve the rezoning included the condition that the
property owner record a deed restriction which prohibits multiple family
development on the site. The applicant agreed and was informed by staff that
proof of the recorded deed restriction should be received by the City Attorney
prior to formal Council action on the ordinance rezoning the property. Such
proof had not been received at the time of this report, but will be reported
upon orally at the meeting of December 16.
Page 2, Item 19
Meeting Date—I/6,7-7T
At the November 18 meeting, the Council also unanimously moved to direct staff
to bring back an amendment to delete from the Municipal Code the present
requirement that Council actions on rezonings that are inconsistent with the
Planning Commission recommendation must first be referred back to the
Commission for report and recommendation. An amendment implementing Council ' s
directive has been prepared, but since it is an amendment to the Zoning
Ordinance it first must be heard by the Planning Commission. It is scheduled
for the Commission on January 14 and the Council on February 3, 1987.
As noted above, the sole purpose of the rezoning is to allow the preschool
expansion. The present R-1 zoning does not allow for large-scale preschools,
but they may be established in the R-3 zone upon the approval of a conditional
use permit. The conditional use permit is scheduled to be heard by the •
Commission on December 17, If approved, the permit would not become valid
until the rezoning becomes effective 30 days following its second reading and
adopti on.
FISCAL IMPACT: Not applicable.
WPC 3432P
by the City Council of by the City/Council of
Chula Vista, California Chula Vista, California
Dated/ice/ O , Dated °° I
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