HomeMy WebLinkAboutOrd 2015-3343 ORDII�TAI�'CE NO. 3343
ORDII�'ANCE OF THE CITY OF CHULA VISTA ADOPTII�rG
AMEI�TDMEI�'TS TO THE URBAI�' CORE SPECiFIC PLAN
LAND USE MATRIX TO ALLOR' CERTAII�' DELETIOI�'S
AND ADDITIONS OF L.AND USES AND PERMIT
PROCESSES
WHEREAS, the Urban Core Specific Plan (UCSP). ���hich is the subject of this
Ordinance, and for the purpose of description is eeneralh� located east of I-�, ���est of Second
A��enue. north of L Stree[. and south of C Street as sho�i�n on Ezhibit "1": and
V�'HEREAS. the General Plan Update was appro��ed by Cit}� Council on December li.
200�: and
«'HEREAS. the 2005 General Plan Vision for the Urban Core of the Citv states that the
Urban Core H�ill contain the greatest diversit�� of public; commercial, civic, financial, cultural.
and residential uses emphasizing its role as the hub of the City; and
R'HEREAS. the 200� General Plan Vision for traditional residential neiehborhoods that
surround the Urban Core states that the attractiveness of li��ine in these areas �+�ill be enhanced b��
the Urban Core's di��ersity in character, azchitectural st��le. pedestrian-friendl}� em�ironment and
enhanced access to facilities and services: and
WHEREAS. the General Plan's Land Use and Transportation Element calls for the Urban
Core, and other zoning reeulations to implement the ne�i� land uses and �ision of the Urban Core
Sub Area identified in the 200� General Plan: and
V�'HEREAS; the UCSP ��-as adopted by the City Council on April 26. 2007 (Ordinance
No. 3070); and
WT-IEREAS. the UCSP �tias amended b�� the Citv Council on Februan� 23. 2011
(Ordinance No. 3184) that included minor amendments reclassifi�ing Third A��enue as a two-lane
doti�nto��n promenade, modif}�ing residential parkine standazds for the Comdor Districi: and
added outdoor dining design guidelines; and
WHEREAS. in June 2013, the Cit}� Council requested staff to conduct the �-��eaz re�=ie�a
of the UCSP and mal:e recommendations if anv. which is consistent �vith the administration of
the UCSP Hfiich anticipates periodic reassessment of the Plan's implementation as it is intended
to be a document �ti�hich responds to chan�ine development trends in the urban core area; and
�b'HEREAS, staff identified modifications to the UCSP induding rezoning pazcels that
were deferred in 2007 and amendments to de��elopment standards and uses to facilitate new
development. Apartment Residential (R-.i) zoned parcels and certain commercial zoned parcels
developed ��ith trailer parks ���ould be rezoned for consistenc�� ���ith other land use districts in the
UCSP area making all parcels in the UCSP area uniforml}� and properly zoned (Eshibit "1");
and
�
Ordinance No. 3343
Page No. 2
WHEREAS, on February 5, 2014, the amendments were presented to the Third Avenue
Village Association (TAVA) Eaecutive Boazd and Design Committee, which 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
R'HEREAS; on February 26, 2014, the amendments were presented to the Chamber oF
Commerce Executive Board, which unanimously recommended the amendments be approved by
the Cirv 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 .luly 17; 2014 staff held an information meeting for the Mobile Home
Rent Revie���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 em�ironmental impacts not previously considered in the Fina] Environmental
Impact Report (FEIR-06-0]) prepared for the UCSP; and
WHEREAS, FEIR-06-O] was certified far 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 N�ith its
purpose, was given a 1/8 display advertisement by its publication in a newspaper of genera]
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
WHEREAS; the Planning Commission recommended approval with a 5-0-1-1 vote for
the UCSP rezoning and amendments at a public hearing held at a time and place advertised,
namely 6:00 pm on August 27, 2014, in the Council Chambers, 276 Fourth Avenue; and
WHEREAS, the proceedings and all the evidence presented before the Planning
Commission at their public hearing held on August 27, 2014 and the Minutes and Resolution
resulting there from, are hereby incorporated into the record of this proceeding; and
Ordinance No. 33�3
Pase I�'o. 3
V�'HEREAS. the Cit}� Clerk set the time and place for a hearing on said amendments and
rezonine actions (PCA4-14-04) and notice of said hearin� together with its pwpose H-as ei��en b�
its publication of a 1/8 display ad��ertisement in a ne�a�spaper of eeneral circulation in the Citv
and the notice ���as mailed to affected propem= o«�ners at least ten davs prior to the hearino; and
W HEREAS, a dulv called and noticed public hearine ��•as held before the City Council at
the time and place as ad��ertised, nameh� 6:00 p.m. on April 14, ZOI�; in the Councii Chambers
located at 276 Fourth Avenue. on the rezone and amendments to the UCSP and receive
recommendation from the Plannine Commission, and hear public testimom� ��ith reeazd to the
same, and said hearine���as thereafter dosed.
NOV�'. THEREFORE. the Cit�� Council of the Cin� of Chula Vista does herebv ordain as
follows:
Section I. Environmeutal Determination
That the Cit�� Council has re��ie�-ed the proposed action for compliance ��ith the
Califomia En��ironmental Qualit� Act (CEQA) and has determined that the proposed
amendments to the UCSP are minor and ���ould not result in ne���, sienificant. ad��erse
en��ironmental impacts not previousl.� considered in FEIR-06-01 previousl�� prepared and
certified for the UCSP on April 26, 2007.
Section ILFindings
Findine 1: Chanees have occurred in the communit�� since the approval of the original
UCSP, ���hich warrant approving the proposed amendments.
The current UCSP land use subdistricts indude the Villase. Urban Core. and Corridor.
Each subdistrict allo���s a varietv of uses includina residential. commercial/office. institutional.
public quasi-public, retail, and a combination of some of these uses called mised-use. These
areas H�ere rezoned in 2007. The Villase subdistricts allow residential. mized use. institutional.
office. and commercial uses: the Urban Core subdistricts allo��� a varietv of uses includina multi-
familv residential, mi�ed use. office and commercial: and the Corridor subdistricts allow a
varietv of multi-familv residential. mixed use, commercial, retail. and auto-related uses.
Se��eral commerciall}� zoned areas �vith trailer parks and numerous pazcels zoned R-3
were deferred for rezoning bv the Cin Council �vith the adoption of the UCSP in 2007 to allo���
further anah�sis for consistencv with Chula Vista A4unicipal Code (CVMC) Chapter 19.80. The
azeas �+�here rezoning H�as deferred include commercial retail sites ��•ith some parcels developed
as trailer pazks. and multi-famil�� (R-3) zoned si[es �ahich currentl�� allo��� duplexes, multi-famih�
development, professional offices, noncommercial recreational facilities, and commercial
pazking lots. Staff has conducted an analysis for consistencv with CVA4C Chapter 19.80; as
further described beloH�_ and has determined that the rezoning is consistent N�ith CVMC Chapter
19.80. These areas are no�i� proposed to be rezoned to the appropriate UCSP subdistrict, mal:ing
the zones consistent ���ith residential and/or mixed use land use districts described above. The
rezoned parcels will have expanded de��elopment opportunities if the propem ow�ner chooses to
' develop them �aith other allo��ed uses, or the esistine uses mav remain. The trailer parks
Ordinance No. 3343
Page No. 4
currently operating within the Urban Core area include Broadway, Caravan, Flamingo; Fogerty
Brothers; Mohawk, Rose Arbor. and Trailer Villa. These trailer pazks were established many
vears ago under commercial or higher residential density zones prior to the adoption of the
UCSP and are considered previously conforming uses. Although the trailer parks on
commercially zoned or R-3 zoned properiies 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 existing Single-Family (R-1) and Two-Family (R-2) zones within the UCSP will
not be rezoned, and mobile home parks, cunently zoned Mobile Home Park (MHP), are not
proposedto be rezoned.
Finding 2: The amendments are consistent ��ith the General Plan for the City of Chula
V ista.
The General Plan <<ision for the Urban Core is an area containing the greatest di��ersity of
public, commerciaL civic, 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 sen�ices 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 beneiit to the Urban Core Specific Plan.
The rezoned parcels 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
operating as trailer parks. The proposed rezone action would not require any change to the
current use of the trailer parks.
In addition, ti�ith the remo��al 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 ma�cimum FAR would remain in all subdistricts.
Site development relies on development standards, such as FAR, street wall frontage,
setbacks, building height, open space, and parking requirements to shape new development.
Removin� lot coverage as a mandatory development standard would facilitate infill
development, including mixed uses, emphasize pedestrian scale, provide for urban amenities,
encourage creative and flexible site design, and help revitalize the area.
The V-1 subdistrict currentiv has about a 50/50 mix of residential and commercial/office
uses. These uses can remain. and would only change by the property owners action. The V-1
subdistrict currently restricts neti� nonresidential uses. The amendments allow some new service
commercial/o$ice uses b}� ri�ht in the (V-1) subdistrict in addition to residential uses similar to
what currently exists. Other changes to the Village Subdistricts Land Use Matrix expands the
list of uses; removes certain limitations, and requires certain uses to obtain a conditional use
permit to facilitate harmonious development.
Ordinance No. 3343
Paae No. �
Findine 4: The amendments N�ill not result in sianificant unmitieated impacts.
The amendments to the UCSP do not introduce a new land use designation not previousl}�
contemplated in the liCSP; would not result in chanees to the circulation svstem or other
communin� facilities, which would materiallv affect a planning concept detailed in the UCSP;
would not result in changes or additions to the desian euidelines �vhich materiall�� alter the stated
intent of the UCSP; nor result in ne��, significant. direct adverse environmental impacts not
previoush considered in FEIR-06-01. FEIR 06-01 H�as pre�iousl�� reviewed and certified on
April 26; 2007.
Finding �: The proposed rezonine is in compliance ��ith the General Plan's Mixed-Use
Residential, Urban Core Residential, Transit Focus Areas and Commercial desianations and
�vould result in areas converting to a residential intensit}� that is the nezt le��el of density in
compliance ��ith CVA4C Chapter 19.80, as follo���s:
19.80.070 Chula Vrs�a Zonrng Code Modrfication:
A. Re=oning of propern� designoted for residenlial development under �he Citv's aoning code
shall be permitted on(y to the nex� highest residential densiry calegory in am� hro year
period according ro the fo/loirrng schedule:
.9 AQrrcul�ural Zone
RE � Residen�ral Estutes Zones
R-1 � Sinole Famrl �Residential
R-2 � One und T1vo-Fumilv Residential Zone
R-3 A ar�ment Reside�atial Zone
This proposal would rezone the properties to the next hiehest residential density level, as detailed
belo��:
]. A number of subject properties are currentl} zoned R-3. Pursuant to the General Plan
designation, a hieh densit�� R-3 zonine has a densiri- range of 18 to 27 dwelling units
per eross acre. �
2. The General Plan Update (GPU) designates all Transit Focus Areas (TFA) ���ithin the
Urban Core subdistricts, for transit-focused mi�ed use development. indudins
residential, office and commercial. Accordine to GPU policies (LUT �3.2: �3.3; >j.6;
».7; �7.3; �7.4). the residentia] component of the A4ized Use 7ransit Focus Area
designation is intended to ha��e a TFA �vide eross densitv of 60 d���elling units (du) per
acre (72 du/net acre) in addition to a commercial FAR of L� - 2.0. This densit}� is the
neat highest residential densit�� categorv as identified and approved in General Plan
Land Use Designation and Zoning Table �-4 and is consistent ti�ith adjacent properties
that have alreadv been rezoned.
3. The General Plan Density for Urban Core Residential is 28-60 d���elline units per gross
acre (or 72 du/net acre). The proposed chanee in zoning from R-3 to various
subdistricts is consistent ���ith the abo��e provision of the Cummings Initiati��e, since
the chanee �vould be to the next hiehest residential densitv cateson� as identified and
appro�ed in General Plan Land Use Designation and Zoning Table �-4.
Ordinance No. 3343
Page No. 6
4. High (and very high) density 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
ParkH�oods (market-rate condominiums) located at 376 Center Street; which is zoned
R-3HP ��ith a density of 31 units per acre.
B. Any ani�exalion of lands tiritl�in the Cih�'s sphere of influence shall conform to the
pu�poses. inlent arad requirements of Ihis o�•dinance.
This proposal does not involve the annexation of any lands.
C. Afler�roperly is annesed by the Ciry, Ihe pre-zoni�ag appi�oved.for the subjec� prope�•ry
cannol be umended or changed in any H�uy,for a two-year period The proi-ision shul!
apply only/o pre-aones approved after the effeclive dute of this ordinance.
This proposal does not invoh�e the annexation of any lands.
D. Rezoning conan�er•cial or i��dustrial properry to a resideniiul zorae shall be per���itted only
!o the muzimum resideiatial densiry corresponding io /he potential I�•affrc generulion thut
N�as applicuble p�•ior to the rezoning!o reside��liul. In addition,properry which is reaoned
fi�om residentiul ro commercial or rndusn•rul muy nol be rezoned ro u residenliul culegory
of higher densi�y �han that which N�us upplicable prior io the rezoning !o conamerciul or
induslriul.
Several parcels currently zoned Commercial Thoroughfare (CT) and developed
with trailer parks are proposed to be rezoned to the UC-13 (mixed use, residential, office,
and retail) and UG14 (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 de��elopment. For the proposed rezone, the 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), commercia] 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 commercial
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/1000 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 No. 3343
PaQe ?�'o. 7
The UG13 district has a mazimum floor aze ratio (FAR) of 2.0 �hich could allow
up to 48 du/acre and the UC-14 district has a maximum FAR of 3.0 ��hich could allow up
to 72 du/net acre resulting is significandy less traffic than a commercial use. Because
commercia] and office uses eenerate greater traffic volume, the rezone from commercial
to a miaed use or multi-famil�� residential cate�oq� could ne��er result in residential traffic
volumes �reater than the correspondina potential vaffic generation from a commercial
development. Therefore. the rezone from commercial to residential and/or mixed use that
allo���s residential development ���ould not conflict with CVMC 19.80.070(D).
BE IT FURTHER ORDAI?vED that the Cin� Council amend Chula Vista Zonins Map
established by 19.18A10 and as depicted in E�hibit "l." �
BE IT FURTHER ORDAINED that the Cit�� Council amend the Urban Core Specific
Plan (UCSP) to: 1) allow certain commercial/office uses by right in the East Villaee (V-1)
subdistrict; 2) update the land use matrix; and 3) mal:e minor modifications to ensure consistenc��
���ith Citv policies. procedures. and processes as depicted in E�:hibit `2."
Section III. Se��erabilit�•
If any portion of this Ordinance. or its application to any person or circumstance; is for
anv reason held to be in��alid. unenforceable or unconstimtional, b�- a court of competent
jurisdiction. that portion shall be deemed se��erable. and such im�alidit��, unenforceabilit�� or
unconstitutionalih� shall not affect the validity or enforceabiliri� of the remaining portions of the
Ordinance, or its application to anv other person or circumstance. The City Council of the Cit�� of
Chula Vista herebv declares that it would 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 declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The Cit�� Council of the City of Chula \'ista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal la�� and this Ordinance shall be construed in
liaht of that intent.
Section V. Effecti��e Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passaee.
Section VI. Publication
The Cit�- Clerk shail certifi- to the passage and adoption of this Ordinance and shall cause
the same to be published or posted accordine to law.
Ordinance No. 3343
Pa�e No. 8
Prese ted v Approved asto form by
� � �
Kell� . Broughton, FASLA en R. Googins
Director of Development Services C� Attori e`y
PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista;
California this 21 st day of April 20l 5, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: Miesen
Mary Sa s, Mayor
ATTEST:
�� � ��
Donna R. Norris; CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, Califor�ia, do hereby certify that the foregoing
Ordinance No. 3343 had its first reading at a regular meeting held on the 14th day of April 2015
and its second reading and adoption at a regular meeting 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 law and the City Charter.
l07 � ��
Date Donna R. Norris, CMC, City Clerk
Ordinance No. 3343
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