HomeMy WebLinkAboutOrd 2015-3341 ORDII�'ANCE NO. 3341
ORDIIvANCE OF THE CITY OF CHLJLA VISTA ADOPTII�'G
AMENDMENTS TO THE liRBA?v CORE SPECIFIC PLAN TO:
1) REZO?�TE CERTAI?� APARTr4ENT RESIDEI�'TIAL (R-3)
ZONED PARCELS AI�'D CERTAII�' COMMERCIAL ZONED
PARCELS FOR CONSISTENCY VJITHII�' THEIR UCSP
SUBDISTRICT AREA EXCLUDII�'G THE FOLLOR'Ii�G
SUBDISTRICTS: V-1; V-2: V-�; UC-]2; AND UC-14: 2)
REMOVE THE MI?�TIAILJM FLOOR AREA RATIO II�'
CERTAI\' SUBDISTRICTS: �) REA40VE LOT COVERAGE AS
A n4ANDATORY DEVELOPMEI�'T STANDARD; AND 4)
MAKE ATTI�'OR A�ODIFICATIONS TO ENSURE
COI�'SISTENCY ��ITH CITY POLICIES. PROCEDURES. AND
PROCESSES
�'��HEREAS. the lirban Core Specific Plan (UCSP). ���hich is the subject of this
Ordinance, and for the purpose of description is �enerallv located east of I-�, west of Second
A��enue, north of L Street. and south of C Street as sho���n on E�hibit "1 `: and
��'HEREAS. the General Plan Update ���as appro��ed b�� Cit�� Council on December li,
200�: and
V�'HEREAS. the 200� General Plan Vision for the Urban Core of the Citv states that the
Urban Core "�ill contain the greatest di��ersit}� of public. commercial, civic. financial. cultural.
and residential uses emphasizina its role as the hub of the City; and
�1'HEREAS. the 200� General Plan Vision for traditional residential neiahborhoods that
surround the Urban Core states that the attracti��eness of li��ine in these areas �+�ill be enhanced bv
the Urban Core's di��ersity in character. architectural style, pedestrian-friendl�� em�ironment and
enhanced access to facilities and services: and
V�'HEREAS, the General Plan's Land Use and Transponation Element calls for the Urban
Core. and other zoning regulations to implement the new land uses and vision of the Urban Core
Sub Area identified in the 200� General Plan: and
VdHEREAS. the UCSP ���as adopted b}� [he City Council on .April 2S. 2007 (Ordinance
No. 3070); and
A'HEREAS. the UCSP ���as amended b�� the Citv Council on Februarv 23. ZOIl
(Ordinance No. 3184) that induded minor amendments reclassifi ine Third A��enue as a t��o-lane
do���nto�+m promenade. modif��ing residential parkin� standards for the Comdor District. and
added outdoor dinins desien euidelines: and
Ordinance No. 3341
Page No. 2
WHEREAS, in June 2013; the City Council requested staff to conduct the �-��eaz review
of the UCSP and make recommendations if any, which is consistent with the administration of
the UCSP which anticipates periodic reassessment of the Plan's implementation as it is intended
to be a document which responds to changing development trends in the urban core area: and
WHEREAS, staff identified modifications to the UCSP including rezoning pazcels that
were deferred in 2007 and amendments to development standards and uses to facilitate new
development. Apartment Residentia] (R-3) zoned parcels and certain commercial zoned parcels
developed v��ith trailer parks N�ould be rezoned for consistency ��ith other land use districts in the
UCSP area makine all pazcels in the UCSP area uniformly and properlv zoned (Exhibit "1"):
and
WHEREAS, on February �, 2014; the amendments were presented to the Third Avenue
Village Association (TAVA) Eaecutive Board and Design Committee, whicU unanimously
recommended the amendments and changes to the Village District Land Use Matrix including
adding and removing certain uses and applicable limitations, and the permit requirements for
certain uses be approved by the City Council; and
WHEREAS, on February 26, 2014, the amendments were presented to the Chamber of
Commerce Executive Boazd, which unanimously recommended the amendments be approved by
the City Council; and
WHEREAS, on May 7, 2014, the amendments were presented to the Development
Services Oversight Committee which recommended approval of the proposed amendments; and
WHEREAS, on May 8, 2014, staff held a public information meeting to inform the
public about the proposed amendments; and
WHEREAS, on July 17, 2014, staff held an information meeting for the Mobile Home
Rent Review Commission to inform the Commission about the proposed amendments; and
WHEREAS. the Development Services Department Director reviewed the proposed
action for compliance with the Califomia Environmental Quality Act (CEQA) and has
determined that the proposed amendments to the UCSP are minor and would not result in new.
significant, adverse environmental impacts not previously considered in the Final Environmental
Impact Report (FEIR-06-01) prepared for the UCSV; and
WHEREAS, FEIR-06-01 v��as certif ed for the UCSP on Apri126, 2007; and
WHEREAS; the Development Services Director set the time and place for a hearing on
said amendments and rezoning actions (PCM-14-04) for the Planning Commission for
consideration of the amendments and rezone, and a notice of said hearing, together with its
purpose, was given a 1/8 display ad��ertisement by its publication in a newspaper of general
circulation in the City, at least ten da}�s prior to the hearin�; and
Ordinance No. 3341
Paee No. 3
A'HEREAS, the Planning Commission held a duh� noticed public hearine on said UCSP
rezone and amendments of certain parcels at a time and place as ad��ertised, namel�� Aueust 27,
2014 at 6:00 p.m. in the Council Chambers located at 276 Fourth Avenue and said hearine w�as
therefore closed: and
V�'�I-IEREAS, the Planning Commission recommended appro��al with a �-0-1-1 ��ote For
the UCSP rezonine and amendments at a public hearine held at a time and place ad��enised;
nameh� 6:00 pm on Aueust 27. 2014. in the Council Chambers: 276 Fourth A��enue: and
�tiHEREAS. the proceedines and all the evidence presented before the Planning
Commission at their public hearing held on August 27, 2014 and the Minutes and Resolution
resultine there from. are hereb�� incorporated into the record of this proceeding; and
«-I-IEREAS, the Cit}� Clerk set the time and place for a hearino on said amendments and
rezoning actions (PC?�4-1�-04) and notice of said hearing together ���ith its purpose ���as eiven bv
its publication of a 1/8 displa}� advenisement in a ne���spaper of general circulation in the Cit��
and the notice was mailed to affected propert�� owners at least ten days prior to the hearine; and
WHEREAS, a duh� called and noticed public hearine �vas held before the Cit�� Council at
the tune and place as ad��ertised, namely 6:00 p.m. on April 14, 201�, in the Council Chambers
located at 276 Fourth Avenue, on the rezone and amendments to the UCSP and recei��e
recommendation from the Planning Commission, and hear public testimonv ���ith regard to the
same, and said hearins was thereafrer closed.
\'OA'. THEREFORE. the Cit�� Council of the Cih� of Chula Vista does herebv ordain as
follo�ti�s:
Section I. En�•ironmental Determination
That the Cin Council has re��ie���ed the proposed action for compliance ���ith the
Califomia Environmental Qualit}� Act (CEQA) and has determined that the proposed
amendmenu to the UCSP are minor and ��rould not result in ne�i-, significant. ad��erse
en�ironmental impacts not pre��iouslv considered in FEIR-06-01 previouslv prepared and
cenified for the UCSP on April 26, 2007.
Section II.Findines
Finding 1: Changes ha��e occurred in the communit�� since the appro��al of the orioinal
tiCSP. ��hich ���arrant appro��ing the proposed amendments. �
The current UCSP land use subdistricts include the Village. Urban Core. and Corridor.
Each subdistrict allows a variet�� of uses including residential, commercial/office: institutional,
public quasi-public, retail. and a combination of some of these uses called miaed-use. These
areas ��•ere rezoned in 2007. The Villaee subdistricts allo��� residential, mixed use: institutional;
office. arid commercial uses; the Urban Core subdistricts allo��� a varietv of uses includine multi-
familv residential. mixed use, office and commercial: and the Comdor subdistricts allow a
�ariet� of multi-famil�� residential, mi�ed use. commercial. retail. and auto-related uses.
�
Ordinance No. 3341
Page No. 4
Several commerciall}' zoned areas with trailer parks and numerous parcels zoned R-3
were deferred for rezoning by the City Council with the adoption of the UCSP in 2007 to alloN�
further analvsis for consistency with Chula Vista Municipal Code (CVMC) Chapter 19.80. The
areas where rezoning was deferred include commercial retail sites with some parcels de��eloped
as trailer parks, and multi-famil�� (R-3) zoned sites which currently allow duplexes, multi-famil}�
development, professional offices, noncommercial recreational facilities, and commercial
parking ]ots. Staff has conducted an analysis for consistency with CVMC Chapter 19.80, as
further described beloti�. and has determined that the rezoning is consistent with CVMC Chapter
19.80. These azeas are now proposed to be rezoned to the appropriate UCSP subdistrict; making
the zones consistent ���ith residential and/or mixed use land use districts described above. The
rezoned parce]s will have espanded development opportunities if the property otimer chooses to
de��elop them �vith other allo��ed uses, or the existing uses may remain. The trailer parks
currently operatina within the Urban Core area include BroadN�ay, Caravan, Flamineo, Fooerty
Brothers, Moha�+-k; Rose Arbor; and Trailer Villa. These trailer pazks were established many
years ago under commercial or higher residential density zones priar to the adoption of the
UCSP and aze considered previously conforming uses. Although the trailer pazks on
commercially zoned or R-3 zoned properties will be rezoned, they may continue operating, and
the proposed rezone action would not require any change to the current use of the trailer parks. In
addition. ihe existing Single-Family (R-1) and Two-Family (R-2) zones within the UCSP will
not be rezoned, and mobile home parks, currently zoned Mobile Home Park (MHP); are not
proposed to be rezoned.
Finding 2: The amendments are consistent with the General Plan for the City of Chula
V ista.
The General Plan vision for the Urban Core is an area containing the greatest diversity of
public; commercial, ci��ic, financial; culturaL and residential uses emphasizing its role as the hub
of the City. The di��erse character. architectural style, pedestrian-friendly environment and
access to facilities and services H�ill enhance the traditional residential neighborhoods that
surround the Urban Core and is consistent with the vision of the City's General Plan for the
Urban Core area.
Finding 3: The amendments will result in a benefit to the Urban Core Specific Plan.
The rezoned paroels will have expanded development opportunities if the property owner
chooses to develop them with other allowed uses, or the existing uses may remain. Although the
existing trailer parks on commercially zoned properties will be rezoned, they may continue
operatine as trailer parks. The proposed rezone action would not require any change to the
current use of the trailer parks.
In addition, with the removal of the "minimum floor area ratio" development requirement
for all subdistricts where it applies; it is anticipated that this will encourage less intense property
development during a transition period to more urban development. Maintaining the minimum
Floor Area Ratio (FAR) for the Transit Focus Areas will help meet the goal of high density
development surrounding transit facilities. The maximum FAR would remain in all subdistricts.
Ordinance No. 3341
Pase No. �
Site development relies on development standazds, such as FAR, street w�all frontage.
setbacks, building height, open space; and pazking requirements to shape neN� development.
Removing lot co�eraee as a mandatory de��elopment standazd ��ould facilitate infill
de��elopment. including mised uses, emphasize pedestrian scale, pro��ide for urban amenities.
encourage creati��e and fle�ible site desien, and help revitalize the area.
Finding 4: The amendments �vill not result in significant unmitieated impacts.
The amendments to the UCSP do not imroduce a ne�� land use designation not previoush
contemplated in the UCSP; ti�ould not result in chanees to the circulation s��stem or other
communit}� facilities. ���hich would materiall�� affect a plannine concept detailed in the UCSP;
would not result in chanees or additions to the desien vuidelines ��hich materiall�� alter the stated
intent of the UCSP; nor result in ne���. sienificant. direct ad��erse environmental impacts not
previouslv considered in FEIR-06-01. FEIR 06-01 ���as pre��iousl�� re��ie���ed and certified on
April 26. 2007.
Finding �: The proposed rezoning is in compliance with the General Plan`s Mixed-Use
Residential. Urban Core Residential. Transit Focus Areas and Commercial desienations and
v��ould result in azeas convertine to a residential intensitv that is the ne�t le��el of densitv in
compliance ��ith CVMC Chapter 19.80; as folloN�s:
19.80.070 Chula I%islu Zo�zing Code Modifrcution:
A. Rezoning of properq� designated for residential development under the Cirn's =oning code
s17a1! be permitted o��ly to the »exl I�rghes! reside��riul densi�y category in unv n+�o }�ear
period according to the folloti+�ing schedule:
.9 A icul�ural Zo�ae
RE Resrdentiul Estates Zo��es
R-1 � Sin�le Fumilv Residential
R-? I One und Tivo-Funiilv Residentiul Zone
R-3 A urtmenl Residentiul Zone
This proposal ���ould rezone the properties to the nezt hiehest residential density level, as detailed
belo���:
1. A number of subject properties are currentl�� zoned R-3. Pursuant to the General Plan
designation, a high density R-3 zonins has a densih- ranee of 18 to 27 d��ellins units
per eross acre.
2. The General Plan Update (GPU) designates all Transit Focus Areas (TFA) ���ithin the
Urban Core subdistricts. for transit-focused miaed use development, includine
residential. office and commercial. Accordine to GPU policies (LUT �3?; �3.3: >j.6:
»J; �73; �7.=3); the residential component of the A4i�ed lise Transit Focus Area
designation is intended to ha��e a TFA �vide gross densit�� of 60 d«•ellins units (du) per
acre (72 du/net acre) in addition to a commercial FAR of l.� - 2.0. This densih� is the
next highest residential densit�� cateeorv as identified and appro�-ed in General Plan
Land Use Designation and Zonina Table �-4 and is consistent ��°ith adjacent properties
that have alread�� been rezoned.
Ordinance No. 3341
Page No. 6
3. The General Plan Densit}� for Urban Core Residential is 28-60 dwelling units per gross
acre (or 72 du/net acre). The proposed change in zoning from R-3 to various
subdistricts is consistent with the above provision of the Cummings Initiative, since
the change ti�ould be to the neat highest residential density category as identified and
approved in General Plan Land Use Designation and Zouing Table 5-4.
4. High (and very hioh) densiry multi-family residential already exists within the Urban
Core including Congregational Towers, an affordable senior housing facility, which is
- located at 288 F Street and is zoned R-3H with a density of 248 units per acre, and
Parkwoods (market-rate condominiums) ]ocated at 376 Center Street, which is zoned
R-3HP with a density of 3] units per acre.
B. Any annexation of lands within lhe Ciry:c s��here of influence shall conform lo �he
purposes. intent and reyui��enle�zls of�l�is ordinance.
This proposal does not invoh�e the annexation of any lands.
C. After proper/y is unnexed by Ihe City, the pre-zoning upp�•oi�ed for �he subjecl property
cunnot be amended or chunged in uny wuy,for u tN�o yeur perrnd. The provision shull
apply only to pre-zones upp�-ored after Ihe effec�ire dute of this ordinance.
This proposal does not involve the annexation of any lands.
D. Reaonrng commerciul or induslrial pro�erty lo a re.cidenliul aor�e shall be permitted only
�o the nzaximum resideratial density corresponding ro Ihe potenliul truffic generalion d7at
iras applicable prior!o the �•eaoning!o residenliul. In uddilion, p�•ope�Ty irhich is �•e=oned
from resrdential ro con�merciul or i�adusn•iul nauy nol be rezoned!o u residentiu/ culego�y
of higher densii}� than that N�hich i+�us applicuble prior ro �he rezonrng !o conrmercial or
industrial.
Several parcels currently zoned Commercial Thoroughfare (CT) and developed
with trailer parks are proposed to be rezoned to the UC-13 (miaed use; residential; office;
and retail) and UG14 (residential) subdistricts. Tl�is would be a rezone from commercial
to mixed uses, including residential and is consistent with CVMC 19.80.070(D). The
rezone to miaed use would result in less traffic compared to currentl}� permitted
commercial development. For the prc�posed rezone, the comparison would be between
the potential traffic �eneration associated with future development under the existing CT
zone and the corresponding maximum residentia] density that could be permitted under
the rezone. Based on standard traffic generation rates (SANDAG 2002), commercial and
office uses generate areater traffic than residential uses. For example, a one acre pazcel
zoned CT would have the potential to develop up to a 65,.i40 square foot commercial
building. This is based on the CT development standards whieh allow up to 50% lot
coveraee and up to three stories. Based on the trip ge»eration rates for commercial uses
(e. g. 40 trips/1000 square feet), a total of 2,614 trips would be generated.
Ordinance No. 3341
Paee No. 7
Based on CVMC 19.80.070(D) criteria, the ma�imum residentiai densin� could
not be more than the potential traffic eenerated bq the commercial use. B� comparison.
SANDAG's standard traffic eeneration rates for multi-Familv development (six trips/du);
this degree of trip eeneration u�ould equate to about 43� dtielline units on the one acre
parcel used in this esample.
The UGli district has a maximum floor are ratio (FAR) of 2.0 �ihich could allo�i�
up to 48 du/acre and the UC-14 district has a maximum FAR of 3.0 Nhich could allo« up
to 72 du/net acre resultina is si�nificanth� less traffic than a commercial use. Because
commercia] and office uses aenerate ereater traffic �-olume. the rezone from commercial
to a miaed use or multi-famil�� residential cateeorv could never result in residential traffic
��olumes greater than the corresponding potential traffic eeneration from a commercial
development. Therefore. the rezone from commercial to residential and/or mised use that
allo�ti�s residentia] de��elopment ���ould not conflict ��ith CVMC 19.80.070(D).
BE IT FURTHER ORD.AINED that the Cit�� Council amend Chula Vista Zoning n4ap
established b�� 19.18.010 and as depicted in Exhibit "1.°
BE IT FURTHER ORDAI\'ED that the City Council amend the lirban Core Specific
Plan (UCSP) to: 1) rezone certain apanment residential (R-3) zoned parcels and certain
commercial zoned pazcels for consistency �vithin their UCSP subdistrict area exduding the
follo��2ng subdistricts: \'-1: V-2; \'-3; UC-12; and UC-14; 2) remove the minimum floor area
ratio in certain subdistricts; 3) remo��e lot co��eraee as a mandatorv de��elopment standard: and
4) make minor modifications to ensure consistenc� ���ith cit�• policies, procedures, and processes
as depicted in Exhibit `2" ���hich is on file in the Office of the Citv Clerk.
Section III. Severabilih°
If an�� portion of this Ordinance, or its application to anv person or circumstance, is for
any reason held to be im�alid, unenforceable or unconstitutional. b}� a coun of competent
jurisdiction. that portion shall be deemed se��erable, and such invalidit}�. unenforceabilit�� or
unconstitutionalit�� shall not affect the validih� or enForceabilit�� of the remaining portions of the
Ordinance. or its application to an�� other person or circumstance. The Cit�� Council of the Cit�� of
Chula Vista hereb�� declazes that it �ti�ould ha��e adopted each section. sentence. clause or phrase
of this Ordinance, irrespective of the fact that anv one or more other sections, sentences, clauses
or phrases of the Ordinance be dedared invalid. unenforceable or unconstimtional.
Section IV. Construction
The City Council of the Cit�� of Chula Vista intends this Ordinance to supplement; not to
duplicate or contradict. applicable state and federal la�i and this Ordinance shall be construed in
lieht of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth da� after its final passage.
Ordinance ir'o. 3341
Page No. 8
Section VI. Publication
The Cit}� Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented bv Approved as to form by
} ;
�
Kellv G. ro ton, FASLA len R. oogins
Developm nt Sen�ices Director ity Atto ey '
PASSED, APPROVED, and ADOPTED by the Ciry Council of the City of Chula Vista.
California, this 21 st day of April 2015, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan and McCann
NAYS: Councilmembers: None '
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: Miesen
Mary S s; Mayor
ATTEST:
� �. � , � ..�
Donna R. Norris, CMC, Cit}= Clerk
STATE OF CALIFOI�7VIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Cit}� Clerk of Chula Vista, California, do hereby certify that the foregoine �
Ordinance No. 3341 had its first reading at a regular meeting held on the 14th day of April 201�
and its second reading and adoption at a regular meeting of said City Council held on the 21st
day of April 20li; and �+�as duly published in summary form in accordance H�ith the
requirements of state law and the City Cl�arter.
��
Dated Donna R. Norris, CMC, City Clerk
Ordinance No. 3341
Exhibit 1 PaseNo. 9
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