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HomeMy WebLinkAboutOrd 2015-3342 o�i?v.ar�cE r�o. »az ORDII�'AI�'CE OF THE CITY OF CHULA VISTA .ADOPTII�'G AMEI�'DMENTS TO THE URBAN CORE SPECIFIC PLAN TO: 1) REZONE CERTAII�' APARTI�9ENT RESIDENTIAL (R-.i) ZONED PARCELS AI�'D CERTAII�' COMA4ERCIAL ZOI�'ED PARCELS FOR CONSISTENCY V1'ITHIN THEIR liCSP AREA: 2) REMOVE THE MII�'IMUM FLOOR AREA RATIO Ii�' CERTAIi�' SUBDISTRICTS; 3) REMOVE LOT COVERAGE AS A 1�4.ANDATORI' DEVELOPn4EI�'T STAND.ARD: AND 4) ATAKE MII�'OR MODIFICATIOr'S TO ENSURE CONSISTENCY WITH CITY POLICIES. PROCEDURES. AND PROCESSES l�'HEREAS, the Urban Core Specific Plan (UCSP): �i�hich is the subject of this Ordinance, and for the purpose of description is generally located east of 1-�, ���est of Second Avenue. north of L Street. and south of C Street as sho�;m on Eahibit "1": and �l'HEREAS, the General Plan Update ���as appro��ed bv Cit�� Councii on December li, 200�: and WHEREAS. the 200� General Plan Vision for the Urban Core of the Citv states that the Urban Core will contain the greatest diversity of public, commercial, civic, financial; cultural. and residential uses emphasizing its role as the hub of the Cit}�: and V1'HEREAS. the 200� General Plan Vision for traditional residential neiehborhoods that surround the Urban Core states that the attracti��eness of livine in these areas will be enhanced bv the Urban Core's diversin� in character. architectural stvle. pedestrian-friendly environment and enhanced access to facilities and sen�ices: and V�'HEREAS; the General Plan`s Land Use and Transportation Element calls for the Urban Core, and other zoning reeulations to implement the new land uses and ��ision of the Urban Core Sub Area identified in the 200� General Plan: and WHEREAS. the UCSP ti�as adopted by the Cit}� Council on April 26, 2007 (Ordinance No. 3070); and �'HEREAS, the UCSP ���as amended b�� the Cit�� Council on Februan� 23. 2011 (Ordinance No. 3184) that induded minor amendments reclassifiing Third Avenue as a t��o-lane do�;nto�m promenade, modifi ing residential parkine standards for the Comdor District, and added outdoor dinina desien euidelines: and V�'HEREAS. in June ZOli, the Cit�� Council requested staff to conduct the �-year re��ie��� of the UCSP and mal:e recommendations if an��. �vhich is consistent ���ith the administration of the UCSP «�hich anticipates periodic reassessment of the Plan's implementation as it is intended to be a document ���hich responds to chaneing de��elopment trends in the urban core area; and Ordinance No. 3342 Paee No. 2 WHEREAS; staff identified modifications to the UCSP including rezoning parcels that were deferred in 2007 and amendments to development standards and uses to facilitate new development. Apartment Residential (R-3) zoned pazcels and certain commercial zoned parcels developed with trailer parks would be rezoned for consistency with other land use districts in the UCSP area, making all parcels in the UCSP area uniformly and properly zoned (Exhibit "1"); and WHEREAS, on February �, 2014, the amendments were presented to the Third Avenue Village Association (TAVA) Executive Boazd and Design Committee, which unanimously recommended the amendments and changes to the Village District Land Use Matrix induding addin� and removing cenain 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 Board; 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 California 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 UCSP; and WHEREAS, FEIR-06-01 ti�as ceRified for the UCSP on April 26, 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 advertisement by its publication in a newspaper of general circulation in the City; at least ten days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing on said UCSP rezone and amendments of certain parcels at a time and place as advertised, namely August 27, . 2014 at 6:00 p.m. in the Council Chambers located at 276 Fourth Avenue and said hearing was therefore closed: and Ordinance 3342 Pase No. 3 W"IIEREAS. the Plannine Commission recommended appro��al ��ith a �-0-1-1 ��ote for the UCSP rezoning and amendments at a public hearine held at a time and place ad��enised, namel� 6:00 pm on August 27. 2014. in the Council Chambers. 276 Fourth A��enue; and �l%HEREAS, the proceedings and all the e��idence presented before the Plannine Commission at their public hearing held on August 27, 201� and the Minutes and Resolution resulting there from. are hereby incorporated into the record of this proceedine; and WI-IEREAS; the Citv Clerk set the time and place for a hearing on said amendments and rezoning actions (PCM-14-04) and notice of said hearing to�ether with its purpose was gi��en b�� its publication of a 1/8 displa�� advertisement in a ne���spaper of general circulation in the Cit�� and the notice was mailed to affected propert}� o���ners at least ten da�s prior to the hearino; and WHERE.AS. a dul}� called and noticed public heazins N�as held before the Cih� Council at the time and place as ad��ertised. namelv 6:00 pm. 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 testimon�� �vith regard to the same. and said hearins «�as thereafrer closed. NOVd. THEREFORE. the Citv Council oF the Cit�� of Chula Vista does herebv ordain as follo��s: Section I. En�•ironmental Determivation That the Citv Council has re��iewed the proposed action for compliance ti�ith the Califomia Environmental Qualirv Act (CEQA) and has determined that the proposed amendments to the UCSP are minor and ti�ould not result in neH�. sienificant. adverse environmental impacts not pre��iousl�� considered in FEIR-06-01 pre��iousl�� prepared and certified for the UCSP on April 26, 2007. Section [LFindings Finding l: Changes ha��e occurred in the communit}� since the appro��al of the orisinal UCSP. ���hich warrant appro��ine the proposed amendments. � The current UCSP land use subdistricts include the \rillaae. Urban Core. and Corridor. Each subdistrict allo�vs a varietv of uses includina residential. commercial/office. instimtional. public quasi-public. retail, and a combination of some of these uses called mi�ed-use. 7hese areas n�ere rezoned in 2007. The VillaQe subdistricts allo�+� residential, mixed use. institutional. office. and commercial uses: the Urban Core subdistricts allo�v a ��arietv oF uses includine multi- famih� residential. mixed use. office and commercial: and the Corridor subdistricts allo�v a �arietr oFmulti-famih� residential. mixed use. commercial. retail. and auto-related uses. Se��eral commerciall�� zoned areas ���ith trailer parks and numerous parcels zoned R-3 �iere deferred for rezonins b�� the Cit�� Council ���ith the adoption of the UCSP in 2007 to allo�i funher analysis for consistenc�� «ith Chula Vista Alunicipal Code (CVMC) Chapter 19.80. The areas ���here rezoning ���as deferred include commercial retail sites «�ith some parcels de��eloped Ordinance No. 3342 Page No. 4 as trailer parks; and multi-family (R-S) zoned sites which currently allow duplexes, multi-family development, professional offices, noncommercial recreational facilities, and commercial parking lots. Staff has conducted an analysis for consistency with CVMC Chapter 19.80, as further described below, 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 ]and use districts described above. The rezoned parcels will have espanded development opportunities if the property owner chooses to develop them with other alloti�ed uses, or the existing uses may remain. The trailer parks currently operating w°ithin the Urban Core area inc]ude Broadway, Caravan, Flamingq Fogerty Brothers, Mohawk, Rose Arbor; and Trailer Villa. These trailer parks were established many years ago under commercial or higher residential density zones prior to the adoption of the UCSP and are 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, the exisring 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 Pazk (MHP), are not proposed to be rezoned. Finding 2: The amendments are consistent with the General Plan for the Ciry of Chula Vista. 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 diverse character, architectural style, pedestrian-friendly environment and access to facilities and services will 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 parcels will have expanded development opportunities if the property owmer 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 operating 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 eoal of high density development surrounding transit facilities. The maximum FAR would remain in all subdistricts. Site development relies on development standards, such as FAR, sveet wall frontage, setbacks, building height; open space, and parking requirements to shape new development. Removing lot co��erage as a mandatory development standard would facilitate infill development, including mixed uses, emphasize pedestrian scale, provide for urban amenities, encourage creati�e and flexible site design; and help revitalize the area. Ordinance 33�2 Pase No. � Finding 4: The amendments ���ill not result in sienificant unmitigated impacts. The amendments to the UCSP do not introduce a ne�� land use desienation not pre�ioush contemplated in the UCSP; would not result i❑ changes to the circulation svstem or other communin� facilities; which would materiall}• affect a planning concept detailed in the UCSP; would not result in changes or additions to the design guidelines ��fiich materialh� alter the stated intent of the UCSP; nor result in new, significant, direct adverse environmental impacts not pre��iousl}� considered in FEIR-06-01. FEIR 06-01 N�as pre��iousl�� re��ie��ed and certified on April 26; 2007. Findine 5: The proposed rezoning is in compliance N�ith the General Plan's Mi�:ed-Use Residential, Urban Core Residential, Transit Focus Areas and Commercia] desisnations and �i�ould result in azeas com�ertine to a residential intensitv that is the next le��el of densit� in compiiance �vith CVMC Chapter 19.80. as follo�vs: 19.80.070 Chula [%rsta Zoning Code Alodificatron: A. Re=oning of properry designaled for residential developme��t under the Cin-'s =oning code shall be pe»nitted only ro the next hrghest residentiul densrty category in any nr•o year period uccording to the folloiring schedu/e: .4 .A icultural Zone RE � Residential Estates Zones R-1 Sin le Famih� Residential R-Z One and Tu;o-Famil �Residentiul Zone R-3 A arnnent Residential Zone This proposal would rezone the properties to the ne�t highest residential densit�� level. as detailed belo���: 1. A number of subject properties are currenth� zoned R-3. Pursuant to the General Plan designation. a high density R-3 zonine has a densit}� ranee of 18 to 27 d«�elling units per eross acre. y 2. The General Plan Update (GPU) designates all Transit Focus Areas (TFA) H-ithin the Urban Core subdistricts, for transit-focused mi�ed use development, including residential, office and commercial. According to GPU policies (LUT �3.2; ��.3; ».6; �SJ; �7.3; �7.4), the residential component of the 1�4ixed Use Transit Focus Area desienation is intended to have a TFA ��ide goss densitv of 60 d��=elline units (du) per acre (72 du/net acre) in addition to a commercial FAR of 1.� - 2.0. Ihis densitv is the next highest residential densit}� category as identified and appro��ed in General Plan Land Use Desienation and Zonine Table �-4 and is consisten[ ti�ith adjacent properties that ha��e aireadv been rezoned. 3. The General Plan Density for Urban Core Residential is 28-60 dH�elline units per eross acre (or 72 du/net acre). The proposed change in zoning from R-3 to various subdistricts is consistent �vith the above pro��ision of the Cummings Initiative, since the change «�ould be to the nest highest residentia] densitv categon� as identified and approved in General Plan Land Use Designation and Zonine Table �-4. Ordinance IrTO. 3.i42 Page No. 6 4. High (and very high) density multi-family residential already eaists within the Urban Core induding Congregational Towers, an affordable senior housing facility; Nfiich is located at 288 F Street and is zoned R-3H with a density of 248 units per acre, and Parkwoods (market-rate condominiums) located at 376 Center Street; which is zoned R-3HP with a density of 31 units per acre. B. Am� annexation of Iurads N�ithin tlle City's sphere of influettce shu(1 conform Io the purposes, inlent und reyuirements of this or•dinar�ce. This proposa] does not im�ol��e the annexation of any lands. C. After properh� is a�7�aexed b�� the City. �he pre-aoning app�•oved for Ihe subjeci properry car�no/ be anaei�ded or char�ged in any iray for a lwo year per•iod. The provision shall apply only!o pre-zones approi�ed ufler/he effective dale of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial a• industriul properry to a residentia(zone shull be pernvit�ed only to the mazimuna residenliul densiry correspondi�ag to the poteniial Iru�c generulion that i+�as applicuble prior ro the re:oning ro residential. In addition, proper�y which is reaoned from residen�ial �o commer-ciul or industrial may not be rezoned to a residenlrul cutegory of higher densily /hun thul N�hich irus upplicable prior to the rezoning to commercial or i�adustrral. Several parcels currently zoned Commercial Thoroughfare (CT) and developed with trailer parks are proposed to be rezoned to the UG13 (mixed use, residential, office, and retail) and UC-14 (residential) subdistricts. This would be a rezone from commercial to mixed uses; including residential and is consistent with CVMC 19.80.070(D). The rezone to mixed use would result in less traffic compared to currently permitted commercial development. For the proposed rezone, tl�e comparison would be between the potential traffic generation associated with future development under the existing CT zone and the corresponding maximum residential density that could be permitted under the rezone. Based on standard traffic generation rates (SANDAG 2002), commercial and office uses generate greater traffic than residential uses. For example, a one acre parcel zoned CT would have the potential to develop up to a 65,340 square foot commercia] building. This is based on the CT development standards which allow up to 50% lot coverage and up to three stories. Based on the trip generation rates for commercial uses (e. g. 40 trips/]000 square feet), a total of 2,614 trips would be generated. Based on CVMC 19.80.070(D) criteria. the maximum residential density could not be more than the potential traffic generated by the commercial use. By comparison, SANDAG's standard traffic generation rates for multi-family development (six trips/du), this degree of trip generation would equate to about 435 dwelling units on the one acre parcel used in this example. Ordinance 3342 Paae No. 7 The UC-li district has a mazimum floor aze ratio (FAR) of 2.0 ��hich could allow up to 48 du/acre and the UG14 district has a ma�imum FAR of 3.0 ���hich could allo�i� up to 72 du/net acre resulting is significantl�� less traffic than a commercial use. Because commercial and office uses eenerate ereater traffic ��olume. the rezone from commercial to a mixed use or multi-familv residential category could ne��er result in residential traffic volumes sreater than the correspondine potential traffic eeneration from a commercial de��elopment. Therefore. the rezone from commercial to residentia] and/or miaed use that allo��s residential de��elopment �vould not conflict N�ith CVr4C 19.80.070(D). BE IT FURTHER ORDAINED that the Cin� Council amend Chula V"ista Zoning A4ap established b�� 19.18.010 and as depicted in Exhibit ��1." BE IT FURTHER ORDAll�'ED that the Cit�� Council amend the Urban Core Specific Plan (UCSP) to: 1) rezone certain apartment residential (R-3) zoned parcels and certain commercial zoned parcels for consistenc�� ���ithin the UCSP area; 2) remove the minimum floor area ratio in ceRain subdistricts; 3) remove the lot co��eraee development standazd; and 4) mal:e minor modifications to ensure consistenc}� ���ith City policies. procedures. and processes as depicted in Exhibit "?." Section III. Severabilih� If anv portion of this Ordinance, or its application to an}� person or circumstance, is for am� reason held to be in��alid, unenforceable or unconstitutional: by a court of competent jurisdiction, that portion shall be deemed se��erable. and such invalidity, unenforceabilitv or unconstimtionalih� shall not affect the ��alidit�� or enforceabilin� of the remaining portions of the Ordinance: or its application to anv other person or circumstance. The City Council of the Cin�of Chula Vista hereb�� declares that it «�ould have adopted each section. sentence. clause or phrase of this Ordinance, irrespecti��e of the fact that any one or more other sections: sentences, clauses or phrases of the Ordinance be declared in��alid; unenforceable or unconstitutional. Section iV. Co�struction The Cit�� Council of the Ciro of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict. applicable state and federal la��� 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�� afrer its final passaee. Section VI. Publication The Cit�� Clerk shall certif� to the passase and adoption of this Ordinance and shall cause the same to be published or posted according to law. Ordinance No. 3342 Page No. 8 Pre nted by Approved as to form by � K ly . roughton, FASLA en R. Googins Director of Development Sen�ices Cit�AttQCney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 21 st day of April 2015; by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: Salas ABSTAIN: Councilmembers: Miesen Mary Salas ayor ATTEST: �� ��� Dbnna R. Norris, CMC, City Clerk STATE OF CALIFORN[A ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3342 had its first reading at a regular meetin� held on the 14th day of April 2015 and its second reading and adoption at a regular meering of said Ciry Council held on the 21st day of April 2015; and was duly published in summary form in accordance with the requirements of state lati� and the City Charter. /07 cx��lS / Dated Donna R. Norris, CMC, City Clerk Ordinance 3342 Exhibit 1 Paeel�'o. 9 ° : : • - ;:_:� _ ` _ : : . ; : . ?i :._- .. - { _ j { - I ( f -- -- � - �' - -� - - - I � j _ : . r _ . . 1 - � � � ./ . . � . . � c. ��-_�-� I t vs'� = f�, ` ` �— . . � k�� -i � �', �. 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