HomeMy WebLinkAboutOrd 2006-3030
ORDINANCE NO. 3030
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE ZONING MAPS ESTABLISHED BY SECTION 19.18.010
OF THE MUNICIPAL CODE, REZONING AN I 1.46 ACRE
PARCEL LOCATED ON THE EAST SIDE OF BRANDYWINE
AVENUE, EAST OF THE INTERSECTION OF MENDOCINO
DRIVE AND BRANDYWINE AVENUE, FROM THE R-I-IOH
(SINGLE F AMIL Y RESIDENTIAL, HILLSIDE) ZONE, TO THE
R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE
PLAN) ZONE; AND ADOPTING PRECISE PLAN
STANDARDS
I. RECITALS
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 on Brandywine Avenue east of Mendocino
Avenue (Project Site or Site); and
B. Project; Application for Discretionary Approval
WHEREAS, on July 25, 2003, a Rezone application was filed by CVHI, LLC
(Developer) with the Planning and Building Department of the City ofChula 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 an 11.46-acre parcel from the R-I-IOH (Single-
Family Residential, Hillside) Zone to the R-I-5 P zone, and subsequently amended on October
14, 2004 by Developer to request approval of the R-2-P (One and Two Family Residential,
Precise Plan) Zone, and adopting Precise Plan standards, for 104 condominium multi-family
dwelling units (Project); and
WHEREAS, on January 10, 2006, subsequent to consideration and approval of this
project, Applicant requests approval of a Tentative Subdivision Map to subdivide 11.46 acres
into 2 lots, a 7.43 acre, 104 multi-family unit condominium lot, and a 4.03 acre open space lot;
and
C. Prior Approvals
WHEREAS, on December 13, 2005, the Chula Vista City Council adopted a resolution
amending the Chula Vista General Plan, which included an amendment of the General Plan Land
Use Designation for the project site from Residential Low-Medium (3-6 du/acre) to Residential
Medium (6-11 du/acre); and
WHEREAS, the Design Review Committee held a noticed public hearing on July 18,
2005, 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 approve the Design Review Application
DRC-05-22 for the Project, subject to adoption of the General Plan Amendment and this related
zone change; and
Ordinance No. 3030
Page 2
WHEREAS, on August 1,2005, the Resource Conservation Commission dete=ined that
Initial Study IS-02-45 for the Project was adequate, and recommended adoption of the Mitigated
Negative Declaration. Furthe=ore, on November 30, 2005, the Planning Commission also
recommended adoption of Mitigated Negative Declaration; 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
WHEREAS, the Planning Commission held a noticed public hearing on the Project on
November 30,2005, at 6:00 p.rn.. in the City Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 5-0-2 to recommend that the City Council
approve the Mitigated Negative Declaration, and Rezone, 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 November 30, 2005, 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 a noticed public hearing on the Project on January 10,
2006, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; 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
WHEREAS, after hearing staffs presentation and public testimony, the City Council
voted 5-0-0 to adopt and approve the Mitigated Negative Declaration (IS-02-045) and Rezone in
accordance with the findings listed below; and
F. Discretionary Approval of Ordinance
WHEREAS, a duly called and noticed public hearing on the Rezone 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)
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project
for compliance with the California Environmental Quality Act (CEQA) and has conducted an
Initial Study, IS-02-45 in accordance with CEQA.
.
Ordinance No. 3030
Page 3
WHEREAS, based on the results of the Initial Study, the Environmental Review
Coordinator has determined that the project could result in significant effects on the
environment. However, revisions to the project made by or agreed to by the applicant would
avoid the effects or mitigate the effects to a point where clearly no significant effects would
occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, IS-02-045.
B. Independent Judgment of the City Council
WHEREAS, the City Council has exercised their independent review and judgment and
concurs with the Planning Commission, Resource Conservation Commission, and Environmental
Review Coordinator's determination that Mitigated Negative Declaration (IS-02-045), in the
form presented, has been prepared in accordance with requirements of the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review
Procedures of the City of Chula Vista.
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 City Council finds that the proposed precise plan standards contained
in attached Exhibit "B" will not have a negative impact on the surrounding
neighborhood because the proposed standards allow the applicant to design a
project that is more compatible with the surrounding development. The
surrounding area includes multi-family dwellings on the north and west, single-
family homes to the east, and industrial complex to the south. Such standards will
allow the flexibility in establishing new development standards for density,
building types, height, floor area and setback regulations that will permit
construction of attached town-home dwelling units with garages, private yards,
and common open space, which is appropriate for an area which transitions ITom
single-family to industrial zoned areas.
2. That such plan satisfies the following principles for application of the "P"
modifying district as set forth in CVMC 19.56.041:
(a) The City Council finds that the property is unique in terms of its physical
characteristics, configuration, circulation, social or historic characteristics
requiring special design; because the site includes steep slope lands of 25% or
greater, and narrow endemic sensitive plant species which requires preservation in
an open space lot and clustering of development into the southern and western
portions of the site, in a manner that complies with the City's General Plan,
Zoning Ordinance and Multiple Species Conservation Program.
(b) The City Council also finds that the site is adjacent and contiguous to
areas zoned Planned Community and Limited Industrial, and that the adoption of
the Precise Plan will allow the proj ect to be designed with dwelling unit types and
development standards which will make a more appropriate transition between
adjacent multi family and single family development, and will also be designed to
Ordinance No. 3030
Page 4
include walls, fencing and landscape setbacks that will help buffer the units
adjacent from the adjacent industrial uses, in a manner that the development of the
site will better coexist with adjacent uses which might otherwise not be
compatible.
(c) The City Council also finds that application of the "P" modifYing district
is appropriate because the basic or underlying R-l-lOH zone regulation does not
allow the flexibility needed to achieve a project design that permits clustering of
development in a way that protects the on-site biological resources and steep
slopes, and therefore a precise plan modifYing district is needed to allow a more
compatible design.
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 R-2 zone would limit the ability of the applicant to
propose a design which:
a) Meets the goal of providing a 3 story, multi-family townhome dwelling
unit type with private and common recreational facilities, where the R-2 zone
permits 2 story duplex buildings with private recreational areas; and
b) Configures the placement of the open space and residential uses on the site
in a way that provides preservation of steep slope and biological open space areas.
These requested deviations under the Precise Plan are warranted in order
to achieve the purpose of the Precise Plan Modifying District.
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 designed and evaluated in accordance with the goals
and objectives of the General Plan, including the Residential-Medium (6-11
du/acre) and Clustering provisions of the Land Use Element. The Precise Plan, as
described, will allow the project to be consistent with the goals and objectives of
the General Plan, and the Chula Vista Municipal Code.
D. The rezoning provided for herein is consistent with the City of Chula Vista
General Plan, as approved on December 13 2005, and the 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 R-l-lOH (Single- Family Residential, Hillside) to R-2-P (One and Two Family Residential,
Precise Plan).
F. The Precise Plan Standards as depicted in Exhibit "B" are hereby adopted and are
supported by the required findings (CVMC Section 19.56.041, as outlined in section II (C)
above.
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Ordinance No. 3030
Page 5
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
~~~~\\
Ann Moore .
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of January, 2006, by the following vote:
AYES:
Councilmembers:
Castaneda, Chavez, McCann, Rindone and
Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
/
Stephen . Padilla, Mayor
ATTEST:
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Susan Blge~OW, MMC, City C k
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3030 had its first reading at a regular~ meeting held on the 10th day of January,
2006 and its second reading and adoption at a regular meeting of said City Council held on the
17th day of January 2006.
Executed this 17th day of January 2006.
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Susan Bigelow, MMC, cQ
Ordinance No. 3030
Page 6
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT El Dorado Subdivision PROJECT DESCRIPTION:
C) APPU= ZONE CHANGE
PROJECT Brandywine Avenue Req\Jest Proposal Ibr a Ge""..1 Plan Amendment Ie subdivide an 11.46 a<:I8
ADDRESS: sits inta 104 tcwnhome ccndominium units.
SCAlE: FILE NUMBER:
NORTH No Scale PCZ-03-01 Related cases: GPA~5~1, DR~5-22, PCS~:J.<)1, IS~2415
J:\planning\carlos\locators\pc:::0301.cdr OS.08.05
E-';<'Hlbil A-
Ordinance No. 3030
Page 7
Exhibit B (PCZ-03-01)
.
Precise Plan Standards-- Modified R-2 Standards
Maximum Densitv 9.1 dwelline: units per acre
Maximum Floor Area Per Unit: Plan A (2-3 bedroom): 1,900 sq. ft.
Plan B (3 bedroom): 2,300 sq. ft.
Plan C (4 bedroom): 2,400 Sq. ft.
Minimum Building Setbacks: Front: 4 feet (to edge of private street)
Side: 12 feet (building to building)
Side: 8 feet (to wall or property line)
Rear: 15 feet (to wall or nroperty line)
Building Height: 35 feet / 3 stories
." (Measured to mean height level
between eave and ridge - per CYMC
19.04.038)
Building Type: Dwellings, Townhouses
Parking Standards: Residential:
2.0 garage spaces per unit
Handicapped:
Per Ca. Building Code Title 24
Guest: -
As determined by Site Plan Review
Compact:
1 space per 10 guest parking spaces
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