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HomeMy WebLinkAboutOrd 2004-2979 ORDINANCE NO. 2979 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE NEGATIVE DECLARATION (IS-03-034) AND AMENDING THE ZONING MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING A 1.2 ACRE PARCEL LOCATED AT 1030/1034 BROADWAY FROM THE CTP (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE CCP (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING PRECISE PLAN STANDARDS L REC1T ALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of one acre located at 1030/1034 Broadway ("Project Site or Site"); and B. Project; Application for Discretionary Approval WHEREAS, on July 25, 2003, a Rezone application was filed by Carlos Madrazo ("Developer") with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone a 1.2-acre parcel located at 1030/1034 Broadway from CTP, Thoroughfare CommerciaIlPrecise Plan to CCP, Central CommerciaIlPrecise Plan with precise plan standards that would allow a mixed-use project that includes 30 condominium units and 5,000 office building reductions in setbacks and allowance for 4 shared parking spaces ("Project"); and C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on the project on May 17,2004, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0-1-1 to recommend that the City Council approve the Project, in accordance with the findings listed below; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 16, 2004, and after hearing staff presentation and public testimony, voted 7-0 to recommend that the City Council adopt the Mitigated Negative Declaration (IS-03-034) and approve the Rezone and Precise Plan in accordance with the findings listed below; and D. Planning Commission Record on Application WHEREAS, the Planning Department set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and Ordinance 2979 Page 2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 16, 2004, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 7-0 to recommend that the City Council approve the Mitigated Negative Declaration, Rezone and Precise Plan, in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 16, 2004, and the minutes and resolution resulting there from, are hereby incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Council held an advertised public hearing on the Project on July 20, 2004, at 6:00 p.m. in the city Council Chambers at 276 Fourth Avenue; and WHEREAS, the public hearing on July 20th was continued to the meeting held on August 3,2004; and WHEREAS, after hearing staffs presentation and public testimony, the City Council voted 5-0 to adopt and approve the Mitigated Negative Declaration (lS-03-034), Rezone and Precise Plan in accordance with the findings listed below; and WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and F. Discretionary Approval of Ordinance WHEREAS, a duly called and noticed public hearing on the Rezone and Precise Plan was held before the City Council of the City of Chula Vista to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. II. The City Council of the City Chula Vista does hereby ordain as follows: A. Certification of Compliance with California Environmental Quality Act (CEQA) The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in Mitigated Negative Declaration (IS-03-034). The City Council has reviewed and considered Negative Declaration (IS-03-034) and finds that no further environmental review or documentation is necessary. B. Independent Judgment of the City Council The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-034) in the form presented have been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-034). Ordinance 2979 Page 3 C. Precise Plan Findings 1. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed precise plan standards will not have a negative impact on the surrounding neighborhood. While such standards allow the necessary flexibility to create a project which is more urban and pedestrian oriented, they also insure that a mixed use project will maintain the continuity of the surrounding existing commercial and residential development. Such standards will also allow the necessary flexibility in development standards necessary to minimize the mass or structures, as visible from surrounding areas, by providing room for adequate open space/courtyard areas between buildings on-site. 2. That such plan satisfies the principle for application of the "P" modifying district as set forth in CVMC 19.56.041. Section 19.56.041(C) provides for the application of the "P" modifying district if the basic or underlying zone regulation does not allow the property owner and/or City appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zone. Because the project is surrounded by a combination of existing commercial and residential uses, one of the criteria used to determine the preferred design of the project has been to insure that the commercial portion of the project was situated adjacent to commercial uses and the residential portion was most adjacent to existing residential uses. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the CC and R3 zone would limit the ability of the applicant to propose a design which a) meets the goal of providing an urban, pedestrian oriented design and b) configure the placement of the office and residential uses on the site in a way that provides a natural extension of the established separation on adjacent parcels between commercial and residential land uses and also provides for additional open space and pedestrian walkways between buildings in order to reduce the bulky appearance of the mixed use project. The requested deviations under the precise plan are warranted in order to achieve these goals. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The project has been evaluated in accordance with the goals and objectives of Chapter 10, Section 5.9 of the General Plan relative to mixed-use development along Broadway. The Precise Plan, as described, will allow the project to be consistent with the goals and objectives of the General Plan, Southwest Redevelopment Area Plan and the Chula Vista Municipal Code. Ordinance 2979 Page 4 D. The rezoning provided for herein is consistent with the City of Chula Vista General Plan, public necessity, convenience and the general welfare and good zoning practice support the amendment to the Municipal Code. E. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit "B" from CTP (Thoroughfare Commercial, Precise Plan) to CCP (Central Commercial, Precise Plan). F. The Precise Plan Standards as depicted in Exhibit "C" are hereby adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined in section II(C) above. III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by ¡J. J es D. Sandovãl anning and Building Director J'~/ð~ Ann oore City Attorney Ordinance 2979 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of September, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Counci1members: None ABSENT: Councilmembers: None 44J.,@diL ATTEST: -~iU~~'~(Jr\ Susan Bigelow, MMC, City C rk , STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA V1ST A ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2979 had its first reading at a regular meeting held on the 3rd day of August, 2004 and its second reading and adoption at a regular meeting of said City Council held on the 21 st day of September, 2004. Executed this 21 st day of September, 2004. -, _:?UJA.I~~ Susan Bigelow, MMC, City lerk . ------- ~ \ \~.\ . . ; , \ s' \ '<O(\Ö þ.!'" . \ \ \ \ \ \ \ \ \. \ \\~ \ \ N,~ \ \~ \, \ \ '.' \ \ .......~ ,. \ \. \.' \ ~'. \ I , \ : \ . .\'\. \~.' ''I I \ \ 'c:." \~ , ~ \ \J--, :~ -- PROJECT i \ Ento",",o LOCATION) Ront A Cor '\ i I Peer Tree Apartments Costco War·Mart \ \ \ \ \ ~i LOCATOR EXHIBIT A EXHIBIT B , , .' EXHIBIT C PRECISE PLAN STANDARDS Modified CC/R3 District Standards PARKING Shared Parking allowance: The on-site parking requirement in this precise plan area shall be reduced by four (4) parking spaces. These four spaces will be considered "shared parking" with four of the required office/commercial parking spaces. Said four spaces must be in a location available for guests of the residential units during off-peak hours for accompanying businesses. Compact Parking Spaces: The maximum amount of compact parking spaces is 21 % of total required parking spaces (instead of 10%). SETBACKS Office/Commercial: Front Yard: 3 feet (single story arcade) 8 feet (two story building) Residential: Side Yard: If Adjacent to Commercial If Adjacent to R-1 5 % feet 10 feet Rear Yard: For Building For Balcony 15 feet 13 feet