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Home My WebLink About2007/05/01 Item 2 ~c~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ~'< ,. CHULA VISTA ADOPTING MITIGATED NEGATIVE ..~\) DECLARATION AND MITIGATION MONITORING ~~ Y"- REPORTING PROGRAM IS-06-005, AMENDINGQ..~ ZONING MAPS ESTABLISHED BY MUNI~~~\) CODE SECTION 19.18.010 BY REZONING ~'"PARCELS LOCATED AT 778, 780, 790, 792, 794, 808 AND 812 ADA STREET FROM R-2-P (OJ-..'E AND TWO FAMILY RESIDENTIAL, PRECISE PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE PARCELS. ORDINANCE NO. 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" which is incorporated into the ordinance by this reference, and for the purpose of general description consists of three parcels totaling 1.92 acres, located at 778, 780, 790, 792, 794, 808 and 812 Ada Street ("Project Site" or "Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 7, 2006, Rezone and Precise Plan applications were filed by Nahum Mendoza, Alejandro Sanchez, and Roger Cao-Romero ("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 the Project Site from the R-2-P (One and Two Family Residential, Precise Plan) Zone to the R-3-P (Apartment Residential, Precise Plan) zone, adopting Precise Plan standards, and establishing a Precise Plan for the Project Site ("Project"); 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 Transit Focus Area; and WHEREAS, the Design Review Committee held an advertised public hearing on February 5, 2007, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 5-0-0-0 to recommend that the Chula Vista Redevelopment Agency approve the Design Review Application DRC-06-27 and DRC-06-28, subject to adoption of this ordinance, and .2,- Ordinance No. Page 2 WHEREAS, the Chula Vista Redevelopment Agency held an advertised public hearing on April 24, 2007, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, and receiving the recommendation from the Design Review Conunittee, voted _-_ -_-_ to approve the Design Review Application DRC-06- 27 and DRC-06-28 for the Project, subject to adoption of this ordinance; and D. Planning Commission Record on Application WHEREAS, the Planning Conunission held an advertised public hearing on the Project on March 21,2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 7-0-0 to recommend that the City Council adopt the Mitigated Negative Declaration, the Rezone, adopt the Precise Plan Standards and adopt a 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 March 21,2007, and the minutes and resolution resulting there from, are incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the hearing, 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, the City Council held an advertised public hearing on the Project on April 24, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, after hearing staff's presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_ to adopt the Mitigated Negative Declaration (IS-06-005) and the Rezone, adopt the Precise Plan standards and adopt a Precise Plan, in accordance with the findings listed below; and II. The City Council of the City Chula Vista ordains as follows: A. Certification of Compliance with CEQA WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with CEQA and has conducted an Initial Study, IS-06-005 in accordance with CEQA. 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 C<d-- Ordinance Page 3 occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, 1S-06-005, B. Independent Judgment of the City Council WHEREAS, the City Council has exercised their independent review and judgment and cOncurs with the Planning Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration (IS-06-005), in the form presented, has been prepared in accordance with requirements of CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Cbula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005). C. The rezoning of the Project Site is consistent with the City of Chula Vista General Plan, as approved On 12/13/05, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the R-2-P (One and Two Family Residential, Precise Plan) Zone to the R-3-P, Apartment Residential Zone with Precise Plan Modifying District, including Property Development Standards as represented in Exhibit C. E. 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 [mds that the proposed precise plan standards contained in attached Exhibit C 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 higher density residential and transit- oriented mixed-use development planned for the area. The surrounding area includes mobile home park and proposed multi-family dwellings on the north, multi-family dwellings on the east, and single-family homes to the south and west. Such standards will allow the flexibility in establishing new development standards for building height and setback regulations that will permit construction of attached town-home dwelling units with garages, private balconies, and common open space, which is more appropriate for the area, as it transitions from existing duplex and single-family development to transit-oriented high density residential and mixed use type development. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CYMC 19.56.041: ~-3 Ordinance No. Page 4 (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. The Site is located within the Transit Focus Area General Plan land use designation, which includes goals and objectives intended to promote high density, transit-oriented residential uses. Because the zoning intended to implement the Transit Focus Area designation has not yet been adopted yet; a rezone to the R-3-P zone is the most effective way to establish high -density residential development standards in a manner that complies with the City's General Plan and Zoning Ordinance. (b) The City Council finds that the Site is adjacent and contiguous to other areas that are designated as a Transit Focus Area and zoned (R-3) Apartment Residential to the south and west, and (CT) Commercial Thoroughfare to the north. The adoption of the amended Precise Plan standards will allow the Project to be designed with development standards which will mlike a more appropriate transition between adjacent multi family and single family development, and will also be designed to include walls, fencing and landscaped setbacks that will help buffer the units adjacent from the adjacent uses, in a manner that the development of the Site will better coexist with adjacent uses. (c) The City Council finds that application of the "P" modifying district is appropriate because the underlying R-2-P zone regulation does not allow multi-family development standards needed to achieve a high -density residential Proj ect design, 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-3 zone would limit the ability of the applicant to propose a design which: (a) Meets the goal of providing development standards consistent with the high-density attached housing, including: (1) 3-story, multi-family townhome dwelling unit type, (2) 5-foot front yard and 7-foot rear yard building setbacks; (3) Dedicated pedestrian access; (4) centralized cornmon recreational facilities. The typical R-3 zone permits 2-story, 28-foot high buildings, and 15-foot front and rear yard setbacks. The City Council finds that these requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. I )_ U "'\.... i Ordinance Page 5 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The City Council finds that the Project has been designed and evaluated in accordance with the goals and objectives of the General Plan, including the Transit Focus Area. The Precise Plan, as described above, will allow the Project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. F. The Precise Plan and Precise Standards as depicted in Exhibits Band C are adopted and are supported by the required findings (CYMC section 19.56.041, as outlined in Section II (E) 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 James D. Sandoval Planning and Building Director -I~ il ~(~ Ann Moore City Attorney Exhibits: Exhibit A: Rezone Map Exhibit B: Precise Plan Map Exhibit C: Precise Plan Standards ;;(.- -5