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HomeMy WebLinkAboutAgenda Statement 1986/06/03 Item 11 COUNCIL AGENDA STATEMENT Item 11 Meeting Date 5/27/86 G - 54‘ ITEM TITLE: Zoning Text Amendment PCA-86-8; to amend Title 19 of the Chula Vista Municipal Code to delete construction of apartments with approval of a Conditional Use Permit in the CN, CC and CT commercial zones Ordinance 2151. Amending1Eitle 19 SECOND READING AND ADOPTION SUBMITTED BY: Director of Planning uy REVIEWED BY: City Manager ) � (4/5ths Vote: Yes No X ) The City Council , in its meeting of March 11 , 1986, reviewed a report prepared by staff evaluating the appeal procedure for Conditional Use Permits as it applied to matters heard by the Planned Commission. Staff, in reviewing land uses subject to the CUP process and the present procedure for CUP review, recommended that a zoning text amendment be processed which would require a rezoning for any proposed residential development in a commercial zoning district, rather than processing a conditional use permit. Council accepted the report and directed staff to proceed with a zoning text amendment deleting construction of apartments in commercial zones with approval of a conditional use permit. RECOMMENDATION: 1 . Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-86-40. 2. Adopt a recommendation to approve the proposed ordinance amendment as outlined in Exhibit "A" attached and made a part hereto. BOARDS/COMMISSIONS RECOMMENDATION: An Initial Study, IS-86-40, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on April 10, 1986. The Environmental Review Coordinator concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. The Planning Commission, at its meeting of April 23, 1986, voted unanimously to certify the negative declaration issued on IS-86-40, and to adopt a recommendation to approve the proposed ordinance amendment as outlined in Exhibit A attached and made a part hereto. DISCUSSION: When the zoning ordinance currently in use was adopted in 1969, provisions were included to allow multiple family dwellings in two commercial zones, the Page 2, Item 11 Meeting Date-4371107U- ‘.4-3/8(p CO and CB zones with approval of a conditional use permit. The rationale for allowing R-3 residential uses in these zones as a conditional use was to recognize the compatibility of higher density residential uses with downtown and office professional activities associated with those zones. The conditional use permit is utilized as a tool to insure that a desirable mixture of commercial and residential uses are developed with respect to similar building types, traffic generation, and the attraction between downtown retail and professional services and residents living within the core of these activity centers. The zoning ordinance was amended again in 1974 to include construction of multiple family dwellings as a conditional use within the CC central commercial and CN neighborhood commercial zones. At the time it was perceived that overzoning for commercial uses had occurred within the City, and that while some properties within the CC an CN zone designation were clearly unsuitable for residential development, others might lend themselves to a mixture of commercial and residential uses with no adverse effects, with approval of a conditional use permit. The ordinance was amended once more in 1976 to include construction of multiple family dwellings as a conditional use within the CT thoroughfare commercial zones. The purpose for amending the ordinance was not to encourage construction of apartments, but to insure that the addition of kitchens to -- motel units would not create de facto apartment units as a means of circumventing the prohibition against apartments, resulting in dwelling units which did not meet the density requirements and development standards of the R-3 zone. Apartments are allowed to be constructed in a CT zone with approval of a conditional use permit, (including the addition of kitchens to greater than 30% of rental units in motels) as long as the development does not occur within 200 feet of the front property line, and the density requirements and development standards of the R-3 zone are met. Since the amendments to the zoning ordinance began in 1974, approximately 313 multiple family dwellings have been constructed in commercial zones. The number of units constructed within each zone is displayed in the following table: 1974 1986 Unit Increase CO zones 82 248 166 CB zones 30 30 0 CC zones 13 114 101 CN zones 0 41 41 CT zones 57 62 5 182 495 313 r , Page 3, Item 11 Meeting Dated G /3 iero More recently, however, construction of apartments in commercial zones has been viewed as a significant land use change that would be more appropriately addressed as a rezoning of the property than a conditional use. The most recent application for a conditional use permit to construct 75 apartments within a CT zone was appealed to the City Council where it was subsequently denied. The reasons cited for denial were that over 50% of the surrounding properties in the area were zoned for R-3 uses and that removal of the potential for developing commercial uses in favor of additional residential units was not justified. In a report reviewed by Council at their meeting of March 11 , staff recommended that the zoning ordinance be amended to remove construction of multiple units in commercial zones as a conditional use, in recognition of the fact that this constituted a significant change in land use on a permanent basis and should be evaluated as a rezoning. Staff is of the opinion, however, that construction of multiple dwellings as a conditional use should be retained in the CO and CB zones as reflected in the original ordinance draft. R-3 residential uses constructed in CO and CB zones as a conditional use can be compatible with downtown and office professional activities associated with these zones. Through the conditional use permit process, R-3 residential uses can be designed to complement rather than conflict with surrounding office professional commercial activities. CO commercial office zones have experienced the most intensive apartment construction activity over all other commercial zones. Deleting the conditional use permit option for apartments would have the effect of placing one half of the total number of multiple family units in commercial zones under nonconforming status. In addition, land uses and business hour operations (within the CO zone) are more compatible with residential development. Presently, all CB commercially zoned areas lie within the Town Centre Redevelopment District. Applicants for construction of apartments within this area undergo a different permit process than the conditional use permit in that they are required to apply or a land use permit from the project area committee and negotiate an agreement with the Housing and Community Development Department. Exhibit "A" reflects the proposed change which would delete multiple family residences from the C-N, C-C, and C-T zones by use of the CUP process. WPC 2815P r, L4- -B74-271)"( by the CitY Council of by the City Council of Chula Vista, California Chula Vista, California Dated sL d-7,216..._ Dated yl �� 3 /gC °