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HomeMy WebLinkAboutOrd 2006-3051 e e e ORDINANCE NO. 3051 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A REZONE (PCZ-06-04) FROM S90 ZONE TO CENTRAL COMMERCIAL PRECISE PLAN (CC-P) ZONE AND ESTABLISHING A PRECISE PLAN MODIFYING STANDARD OR A 3.6-ACRE PORTION OF A 5.5-ACRE SITE LOCATED AT 912-944 THIRD AVENUE 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 3.6 acres of a 5.5 acre site located at 912-944 Third Avenue, within the Merged Chula Vista Redevelopment Project (Project Site); and B. Project; Application for Discretionary Approval WHEREAS, on November 1,2005 a duly verified application for a Rezone (PCZ-06-04) with a Precise Plan ModifYing Standard, Design Review Permit (DRC-06-35), a Conditional Use Permit (PCC-06-026), 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 November 14, 2006, the City Council adopted Mitigated Negative Declaration (IS-06-008) for the Project; and C. Planning Commission and Chula Vista Redevelopment Corporation Record on Application WHEREAS, the Planning Commission set the time and place for an advertised public 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 feet of the exterior boundary of the project, at least ten (10) days prior to the hearing; and Ordinance No. 3051 Page 2 WHEREAS, the Planning Commission held an advertised public hearing on the project on October 25, 2006, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue, and after hearing staff presentation and public testimony, voted 6-0 to recommend that the City Council approve 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 this project held on October 25, 2006, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public hearing on this Project on November 16, 2006 and voted to recommend that the City Council approve the Rezone and Precise Plan, in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced on this Project before the Chula Vista Redevelopment Corporation at their public hearing held on November 16, 2006, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and D. City Council Record on Application 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 the Chula Vista Redevelopment Corporation, and to hear public testimony with regard to the same. ~ WHEREAS, the City Council held an advertised public hearing on the project on November 16, 2006, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Council voted 3-0 to approve the Rezone and Precise Plan in accordance with the findings listed below. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: Discretionary Approval and Ordinance A. 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) 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. .-" e e e Ordinance No. 3051 Page 3 B. 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. I. 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. " 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 515- feet, creating an unusually configured lot. The site also includes a drainage Ordinance No. 3051 Page 4 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 eXlstmg 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: I) the commercial component of the project to be located close to the sidewalk along Third A venue, thereby achieving the pedestrian oriented nature of the project; and 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 of Chula Vista. -. e e e Ordinance No. 3051 Page 5 With the recent update of the 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 ofthe surrounding land uses. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the following: A. The re-zone of3.6-acre portion of site from S90 to CC-P. 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. B. Precise Plan and ModifYing Standard. The Precise Plan Standard is hereby adopted and supported by the required findings (CVMC 19.56.041), as outlined above. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. P='2: ~ Ann Hix Acting Community Development Director Approved as to form by ~~~ Ann Moore City Attorney Ordinance No. 3051 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of December 2006, by the following vote: ~ AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Ch"'YIC~ ATTEST: :::~ 5J..u 6. ~~,"~d ~ Susan Bigelow, MMC, Cit Clerk 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. 3051 had its first reading at a regular meeting held on the 16th day of November, 2006 and its second reading and adoption at a regular meeting of said City Council held on the 5th day of December 2006. Executed this 5th day of December 2006. ~/IJA..J, ~d~ Susan Bigelow, MMC, City k ~ EXHI6IT A Ordinance No. 3051 Page 7 San Dleao Country Golf Course - C HULA VISTA PlANN1NG AND BUILDING DEPARTMENT LOCATOR PftCJECT Creekside Vistas LLC. C/o f'RO,JB;T DESCRIP'TlON: i~ ~ Douglas Wilson Companies. DESIGN REVIEW - PROJECT 914-942 Third Av- Proposal Is lor 167 mL6iamily resldenllal units and 4,000 sq. tL ACCRESS: of grountl ftoor retail corrvnert:ial. SCAlE. FI..E NUIII!ER: ; No Scale PCZ..{ ." 1J6-06. F'CC06-026. CRC-O&-35. lS-ll6oOIl! ! J:\planninglcarlcs~ocaltlrs\PCZ0604.cdr 05.25.06