HomeMy WebLinkAboutAgenda Statement 1989/08/15 Item 10 COUNCIL AGENDA STATEMENT
__. /6)
Item 2s / /
Meeting Date -8/8/49 6l /S ` S/
ITEM TITLE: Public Hearing: PCZ-89-K - City-initiated proposal to rezone
certain territory generally bounded by Naples Street on the
north, Third Avenue on the west, Palomar Street on the south,
and Hilltop on the east. There are two exceptions to that
boundary: south of Palomar between First and Tobias; several
parcels east of Hilltop and south of Oxford. The proposal is
to rezone the territory from its City-adopted (County zoning)
classifications to the City classifications utilized
throughout Chula Vista. The proposed specific rezonings, and
their precise territorial limits are depicted on the attached
Exhibit "A".
The proposed rezoning is confined to a portion of the Castle
Park "B" Subcommunity of Montgomery and is governed by the
Montgomery Specific Plan, adopted by the Chula Vista City
Council on January 12, 1988, under Resolution No. 13413, and
on September 13, 1988, under Resolution No. 13780.
Ordinance ,,,13 ;I / Rezoning the above area as per Exhibit A
SUBMITTED BY: Director of Planning
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
This proposal involves a reclassification of a portion of the Castle Park "B"
Subcommunity of the Montgomery Specific Plan. The area is generally bounded
by Naples Street on the north, Third Avenue on the west, Palomar on the south,
and Hilltop on the east. Specifically, this request will convert the existing
County zoning to City zoning classifications. Those are as follows:
▪ C36 to C-C-P
• RV15 to R-1-5-P
▪ RV15 to R-2-P
• RV15 to R-1-7
RU29 to R-3
RU29 to R-2-P
RS7 to R-1-7
The Environmental Review Coordinator conducted an Initial Study, IS-88-4M, of
potential environmental impacts associated with the implementation of the
Montgomery Specific Plan. Based on the attached Initial Study and comments
thereon, if any, the Coordinator has concluded that this reclassification
would cause no significant environmental impacts as per the previously adopted
Negative Declaration issued on IS-88-4M.
Page 2, Item - /)
Meeting Date d 8l/f/e9
At the meeting of June 7th, the Montgomery Planning Committee discussed the
issue of nonconforming uses. North of Oxford along Tobias, Dixon and First
Avenues there are several existing duplexes that would become nonconforming if
zoned R-1-5-P. This is because the lot area is less than 10,000 square feet
(even when measured to the centerline of the street). The R-1-5-P zone would
permit one unit/5000 square feet or two units on a 10,000 square foot lot. If
a lot has less than 10,000 square feet and a duplex exists on said lot, that
duplex would be a legal nonconforming use.
The Committee was concerned about creating nonconforming uses in this area.
It was stated that the "P" modifying district might be able to embody policy
to allow nonconforming residential uses within this district. If this was not
so, the Committee requested to be apprised of any other provisions existing in
the Municipal Code that would allow a nonconforming use, if damaged beyond
60%, to be reconstructed.
Between the Montgomery Planning Committee hearing and the Planning Commission
hearing, staff had determined that the "P" Modifying District cannot amend the
regulations dealing with non-conforming uses. However, Section 19.64.160 of
the Municipal Code provides the necessary mechanism for review:
"Requirements prohibiting restoration or reconstruction or requiring
discontinuance of nonconforming uses may be modified by the Planning
Commission for dwellings located in any R zone. . . ."
This provision would allow the Planning Commission on a case-by-case basis to
determine whether a nonconforming use could be reconstructed should major
damage occur exceeding 60%.
RECOMMENDATION:
1 . Based on the Initial Study and comments on the Initial Study and Negative
Declaration, find that this project will have no significant environmental
impacts and readopt the Negative Declaration issued on IS-88-4M for the
Montgomery Specific Plan.
2. Adopt a motion approving PCZ-89-K enacting an ordinance to change the
zones as described on the attached Exhibit "A."
BOARDS/COMMISSIONS RECOMMENDATION: On June 7, 1989 the Montgomery Planning
Committee and on July 12, 1989, the City Planning Commission held public
hearings and recommended that the properties be reclassified as designated on
Exhibit "A".
Page 3, Item A. /,O
Meeting Date : P im"' 0/,C4-7
DISCUSSION:
Adjacent zoning and land use.
North Predominantly R-1 Single family and vacant
South Predominantly R-1 Single family
R-3 (west of Second Avenue) Commercial along Third Avenue
C-C (south of Palomar and multiple family west of
and east of Third Avenue) Second Avenue and south of
Palomar
East R-1 Single family
West C-C Commercial along Third Avenue
Existing site characteristics.
The project area is almost entirely improved with a mixture of single and
two-family residential , multiple family residential , and commercial uses along
Third Avenue. Out of the total number of residential units, there are 927
units within this subarea, 516 of which are single family detached units. The
remaining mix includes 204 two-family units, 21 triplexes, and 197 multiple
family units. In addition to these uses, there is a church and a daycare
facility within the study area. Lot sizes range from under 5,000 sq. ft. to
over 27,000 sq. ft. in size. The average lot size for a single family
detached dwelling is approximately 8700 sq. ft.
General plan.
This Castle Park "B" Subcommunity is designated on the Montgomery Specific
Plan as follows:
1 . Mercantile and Office Commercial along Third Avenue.
2. High Density Residential (18-27 du/acre) on the east side of the Third
Avenue commercial strip extending easterly on the north side of Kennedy
Street. Additional High Density Residential is located on the north side
of Palomar Street east of Second Avenue.
3. Special study area for the area on either side of Del Mar Avenue between
Naples and Oxford. In addition, 5 lots fronting on Oxford Street just
south of Del Mar Avenue are also designated as a Special Study Area.
4. Low/Medium Density Residential (3-6 du/acre) on most of the remainder of
the project area. This by far is the predominant land use designation and
incorporates most of the single family detached dwellings and two-family
units.
5. There are two specific properties, a church site located east of Tobias
Drive and a daycare facility north of Kennedy, which is designated as
"Other" on the Montgomery Specific Plan. This classification acknowledges
that the use is neither Commercial nor Residential and seeks to identify
that use as a quasi/public facility which serves the needs of this
community.
Page 4, Item "2-6-- /d /
Meeting Date 8/8/89 s(7,s/ 8 I
Based on these land use designations, staff is recommending zone
reclassifications consistent with the above described land use designations.
More specifically, that involves:
1 . The areas designated High Density Residential would be classified from
RU29 to R-3.
2. The areas designated Mercantile and Office Commercial along Third Avenue
would be designated from C36 to C-C-P.
3. The areas designated "Other" would receive a zone classification
consistent with the surrounding land use designation and zoning. In
reference to the church site east of Tobias, staff proposes a zone
reclassification from the RV15 to the R-2-P zone. In reference to the
daycare facility on Kennedy, staff recommends a zone reclassification from
the RU29 to the R-3 zone.
4. For those areas designated Low/Medium Density Residential , we are
recommending specific zone reclassifications depending on the precise area
(please refer to Exhibit "A"). For the area north of Oxford, staff
recommends a zone reclassification from the RV15 to the R-1-5-P zone.
This would preserve the predominant single-family quality of the area but
permit the construction of an additional unit on those lots which can
achieve a density of one dwelling unit per 5,000 sq. ft. To assist in the
transition from the County zoning to the City zoning classifications, we
are recommending the (P) Modifying District in that area to permit the
measurement of the lot area from the center-line of the dedicated street
adjacent to the property. The (P) Modifying District will also require a
site plan and architectural approval so that the actual construction of
the units can be done in a sensitive manner.
On the south side of Oxford, staff is recommending implementation of two
City zone classifications, the R-2-P and the R-1-7 zones. Staff is
recommending the R-2-P zone in those areas which are predominantly
developed with a mixture of single family and duplex residences. This
would permit the transition of the remaining area to the two-family
development without adversely impacting those areas that
are predominantly developed with single family residences. In those areas
along Leoma Lane, Dixon Way, the area east of Hilltop and south of Oxford,
and the area south of Palomar staff is recommending the R-1 -7 zone. This
would prevent two-family development in these predominantly single family
neighborhoods.
ANALYSIS
There are several factors which support the rezonings described above.
1 . Montgomery Specific Plan was adopted by the Chula Vista City Council on
January 12, 1988. These zone reclassifications are primarily proposed to
implement that Specific Plan. Implementation of a zoning pattern in this
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Page 5, Item 70
Meeting Date : j:ri:z 81/0,
subcommunity goes on to preserve existing single family neighborhoods as
well as better defining the location of commercial and higher density
residential development. Furthermore, these rezonings use the Precise
Plan Modifying District on the commercial parcels and parcels which will
convert from single family to duplex development.
2. In the case of the area north of Oxford where staff is recommending a
change from the RV15 to the R-1-5-P zone, this area is predominantly
single family but has approximately 42 lots developed with duplex units.
There is no one concentration of those duplex units within this study
area. In addition, the depth of the lots averages over 180 feet, which
would lend itself well to an additional unit constructed to the rear of
the present single family dwellings.
3. For the area south of Oxford which is recommended for change from the RV15
to the R-2-P zone, this area is presently developed with a mixture of
duplexes and single family dwellings. There are major concentrations of
duplex developments within this portion of the study area. Staff believes
that because of the lot size and present mixture of development, the R-2-P
zone would be the appropriate transition from the present County RV15
zone. This would permit the remainder of the area to develop in an
orderly fashion with duplex development consistent with the existing land
use pattern.
4. For the area proposed for change from RV15 to R-1-7 along Leonia Lane,
Dixon Way, and south of Oxford and east of Hilltop Drive, these areas are
predominantly developed with stable, single family neighborhoods and staff
believes that these areas should be preserved in their single family
character.
5. For the area south of Palomar which is presently classified as the RS7
zone, this area is presently developed in single family homes and should
be reclassified to the R-1 -7 zone to preserve the existing single family
character. Likewise for the area zoned RU29 which is proposed for
reclassification to the R-3 zone, these lots are predominantly developed
with multiple family units at that density.
6. For the areas on the north and south side of Kennedy west of Second Avenue
which are being reclassified from the RU29 to the R-2-P zone, these areas
are presently developed with either single family homes or duplexes. They
are adjacent to multiple family residential zoning on the west and
single/two-family development on the east. Reclassification to the R-2-P
zone would permit a transition from the multiple family zoning while
providing these properties with development potential. similar to the
predominant development type in the area. The reclassification would also
prohibit the expansion of the multiple family uses further to the east.
7. Finally, for the area along Third Avenue proposed for reclassification
from the C36 to the C-C-P zone, this area is developed commercially. The
parcels generally front on Third Avenue and the C-C zone is consistently
applied in other commercial areas along this thoroughfare.
FISCAL IMPACT:
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