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HomeMy WebLinkAboutCVRC Reso 2006-039 e e e CVRC RESOLUTION NO. 2006-039 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL (1) ADOPT MITIGATED NEGATIVE DECLARATION (lS-06-008); (2) INTRODUCE AN ORDINANCE ADOPTING REZONE PCZ-06-04 FOR A 3.6-ACRE PORTION OF THE SITE FROM S90 COUNTYZONE TO CCP (CENTRAL COMMERCIAL PRECISE PLAN) ZONE ALONG WITH THE ESTABLISHMENT OF A PRECISE PLAN MODIFYING DISTRICT AND STANDARD; (3) APPROVE CONDITIONAL USE PERMIT (PCC- 06-026); (4) APPROVE DESIGN REVIEW PERMIT (DRC-06-35); AND (5) APPROVE TENTATIVE MAP (PCS-06-06) TO ALLOW THE CONSTRUCTION OF 167 MULTI-FAMILY UNITS AND 3,793 SQUARE FEET OF COMMERCIAL SPACE ON THE SITE LOCATED AT 914-944 THIRD AVENUE WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 912-944 Third Avenue, Chula Vista; and WHEREAS, on November 1,2005 a duly verified application for a Rezone (PCZ-06-04) with a Precise Plan Standard, Design Review Permit (DRC-06-35), a Conditional Use Permit (PCC-06-026), Precise Plan and Tentative Subdivision Map (PCS-06-06) was filed with the City of Chula Vista on behalf of the Douglas Wilson Companies ("Applicant") to enable the development of a 167-unit mixed use residential project with 3,793 square feet of commercial retail space located at 912-944 Third Avenue ("Project"); and WHEREAS, the Environmental Review Coordinator determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated and agreed to by the project proponent; and WHEREAS, on October 25, 2006, a Planning Commission hearing time and place was set for said Rezone (with Precise Plan Standards) 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 and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, a hearing at the time and place as advertised, namely October 25, 2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-008; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 6-0 that the City of Chula Vista City Council Approve CVRC Resolution No. 2006-039 Page 2 -" Rezone (PCZ-06-04) of 3.6 acres of a 5.5 acre site from S90 (Holding Area) to CCP (Central Commercial Precise Plan) zone along with Precise Plan Standards; and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation for consideration of the 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 and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation (CVRC) held a duly noticed public hearing to consider said application at the time and place as advertised, namely November 16, 2006 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby find, determine, and resolve as follows: A. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-008, in accordance with the California Environmental Quality Act. Based upon results of the Initial Study, the Environmental Review Coordinator determined that the project could result in 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 prepared a Mitigated Negative Declaration, IS-06-008. -. The Chula Vista Redevelopment Corporation finds that, in the exercise of its independent judgment, as set forth in the record of its proceedings, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-008), which is on file in the Planning and Building Department, has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and that the Project's environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the permittee/Project applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program. B. REZONE 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 amendments to the Municipal Code. The proposed CCP zone would provide an implementing zone for the existing Mixed Use Residential (MUR) designation of the City's 2005 General Plan, and will contribute to the public convenience and general welfare by further assisting the City's _ efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT) e e e CVRC Resolution No. 2006-039 Page 3 Policy 41.6 for this area and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this area of the redevelopment project area. The City ofChula 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 S90 to CCP (Central Commercial Precise Plan). C. PRECISE PLAN FINDINGS The CVRC does hereby make the findings required by CVMC 19.14.576 for the establishment of a Precise Plan Modifying District and Standard, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated findings to be made. 1. That such plan 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 CCP zone is consistent with the existing Mixed Use Residential (MUR) designation of the City's 2005 General Plan, and will contribute to the public convenience and general welfare by further assisting the City's efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT) Policy 41.6 for this area and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this area of the redevelopment project area. The site is also surrounded by existing urban and pedestrian- oriented uses such as commercial retail uses, a church, elementary school, hospital and high-density residential uses. 2. That such plan satisfies the principle for the application of the P modifYing district as set forth in CVMC 19.56.041. The purpose of the Precise Plan modifying district ("P" modifier) is to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of approval for development of property in the city. Within the boundaries of the "P" modifying district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. Pursuant to CVMC 19.56.041, the "P" modifying district may be applied to areas within the city when one or more circumstances are evident including: "The subject property, or the neighborhood or area in which the property is located, is unique by virtue of topography, geological characteristics, access, configuration, traffic circulation or some social or historic situation requiring special handling of the development on a precise plan basis. " CVRC Resolution No. 2006-039 Page 4 ~ The precise plan modifying district has already been established on a portion of the site (1.9 acres) and the project proposes to rezone the remainder of the site (3.6 acres) to CC with a "P" modifier (CC-P). The subject property is unique by virtue of its topography and unusual lot configuration. Although the site has over a 400- foot frontage along Third Avenue, the depth of the lot varies from 280-feet to 5l5-feet, creating an unusually configured lot. The site also includes a drainage channel that runs along the west property boundary. The drainage channel creates a topographic elevation differential of 30 feet from the east to west property boundaries and environmental constraints on the project site. Therefore, the precise plan is considered to satisfy the principle for the application of the "P" modifying district. 3. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifYing district. Within the boundaries of the "P" modifying district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. The applicant has requested that the precise plan modifying district (P) be applied to the project site to allow a reduced front yard setback. While the proposed Precise Plan standards would deviate from the adopted Zoning Ordinance the site design would be compatible with surrounding land uses as described below. The proposed zoning ordinance deviation would allow a reduced front yard setback (25- feet required vs. 20-feet proposed) to allow clustering of the units in the podium structure along the eastern property boundary while retaining the open space/drainage channel configured along the project's western boundary. The currently degraded drainage channel is proposed to be enhanced and incorporated as an open space amenity of the project. Limited access, in the form of viewing areas and seating, is proposed along the upper edge of the open space/drainage channel. ~ In addition, the existing setback standards are more reflective of suburban development standards which typically emphasize buildings set back behind a landscaped/parking area. The proposed precise plan development standards will allow reduced building setbacks which are conducive with the above stated goals of encouraging a mixed-use project which is in keeping with the goals of achieving a more urban, pedestrian-oriented project. The reduction in building setbacks will allow: 1) the commercial component ofthe project to be located close to the sidewalk along Third Avenue, thereby achieving the pedestrian oriented nature of the project; 2) allow for a better balance between open space and buildings on the lot. Larger open space areas as well as pedestrian corridors can be provided between and adjacent to building structures while, at the same time, maintaining the desired density of the project. Due to the orientation of existing development on adjacent properties, no negative impact is anticipated as a result of the proposed setback reductions. 4. That approval of this plan will conform to the general plan and the adopted policies of the City ofChula Vista. ~ e e e CVRC Resolution No. 2006-039 Page 5 With the adoption of the 2005 General Plan, the Montgomery Specific Plan was repealed and replaced with a new vision for the Southwest area of the City. The development proposal would implement the General Plan Land Use and Transportation (LUT) Policy 41.6 and 41.9 for this area, which states: "Encourage multi-family with limited retail in the area designated as Mixed Use Residential south of L Street and west of Third Avenue. " and; "In the South Third Avenue District, residential densities within the Mixed Use Residential designation are intended to have a district-wide gross density of 30 dwelling units per acre. " The project proposes a mixed-use residential development consisting of 167 units and 3,793 square-feet of retail space on 5.5-acres. The residential density of 30 dwelling units per acre is consistent with the City's General Plan policy for the site. The residential density would provide a more urban, pedestrian-oriented project design that would be compatible with that of the surrounding land uses. BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation does hereby, based on the above findings, recommend approval of the Rezone (PCZ-06-04) from S90 Zone to Central Commercial Precise Plan (CC-P) for 3.6 acres of a 5.5-acre site along with Precise Plan Modifying Standard on the 5.5 acre site located at 912-944 Third Avenue. D. CONDITIONAL USE PERMIT FINDINGS The CVRC does hereby make the findings required by CVMC 19.14.080 for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated findings to be made. 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed project will enhance the livability of Chula Vista through the creation and maintenance of a mixed-use project that will help promote the City as a stable and economically and socially diverse community. A primary objective of redevelopment is to use tax increment to address blighted conditions. The property currently has an assessed value of approximately $800,000, according to the County of San Diego tax rolls. Upon completion, the proposed project is projected to have an assessed value of approximately $61 million, thus generating an annual tax increment of approximately $600,000, which will directly benefit the City of Chula Vista. In addition, the vacant property has been utilized by the homeless as a camp area for many years. The proposed project will eliminate this illegal activity and make the surrounding area much safer for the existing residents, elementary school students, and church. 2. 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. CVRC Resolution No. 2006-039 Page 6 -- It is anticipated that the project will not be detrimental to health, safety or general welfare of persons residing or working in the vicinity. The project complies with the adopted precise plan development standards for the site, which were approved based upon the findings outlined in section 19.14.576 of the Chula Vista Municipal Code. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use. The project complies with all regulations of the CC zone as modified by precise plan standards adopted for the subject parcel based upon section 19.14.576 of the Chula Vista Municipal Code. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of the conditional use permit for the proposed project would not adversely affect the City's General Plan. This site is designated mixed-use residential and the project would provide a mixed use development of residential and neighborhood serving commercial uses. The precise plan standards for the project site would allow for the modification to the front yard setback from 25 feet to 20 feet to allow clustering of the units in the podium building along Third Avenue, thereby creating a more urban pedestrian friendly design and retaining the open space amenity along the west side of the project site. -.., BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation does hereby, based on the above findings, hereby recommends that the City Council approve Conditional Use Permit (PCC-06-026), subject to conditions of Exhibit C. E. CONFORMANCE WITH CITY DESIGN MANUAL The Chula Vista Redevelopment Corporation does hereby find that the Project is in conformance with the City of Chula Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance and hereby recommends that the City Council approve the Design Review Permit (DRC-06-35), subject to conditions of Exhibit C. F. CONFORMANCE WITH SUBDIVISON MAP ACT The Chula Vista Redevelopment Corporation does hereby find that Project is in conformance with the City of Chula Vista Subdivision Manual and hereby recommends that the City Council approve the Tentative Map (PCS 06-06), subject to conditions of Exhibit D. BE IT FURTHER RESOLVED, that the Chula Vista Redevelopment Corporation, after considering all evidence and testimony presented, recommends that the City of Chula Vista City Council adopt Mitigated Negative Declaration (IS-06-008), Approve Rezone (PCZ-06-04) of3.6 acres of a 5.5 acre site from S90 to CCP (Central Commercial Precise Plan) zone with Precise Plan Modifying Standard; Approve Conditional Use Permit (PCC-06-026); Approve Design Review Permit (DRC-06-35); and Approve Tentative Map (PCS-06-06) to allow the construction __ e e e CVRC Resolution No. 2006-039 Page 7 of 167 multi-family units and 3,793 square feet of commercial space on the site located at 912- 944 Third Avenue. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PRES,~ Ann Hix Acting Director of Community Development APPROVED AS FORM BY: ~1.,.~i\\f\.~ Ann Moore General Counsel PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City ofChula Vista, this 16th day of November 2006, by the following vote: AYES: Directors: Castaneda, Desrochers, Lewis, McCann, Rooney, and Rindone NAYS: ABSENT: Directors: None ) ) ) Directors: Chavez, Padilla, ATTEST: ~U{~ Dana M. Smith, Secretary STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Dana M. Smith, Secretary of the ChuIa Vista Redevelopment Corporation of of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2006-039 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at an adjourned regular meeting of the Chula Vista Redevelopment Corporation held on the 16th day of November 2006. Executed this 16th day of November 2006. ~U1. ~ Dana M. Smith, Secretary