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HomeMy WebLinkAbout2007/08/07 Item 3 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED ~GAT ~~O~ DECLARATION AND MITIGATION MONITO REPORTING PROGRAM IS-06-013, AME$~ NING MAP OR MAPS ESTABLISHED ~~ 'ttffiLA VISTA MUNICIPAL CODE SECTION 19.1~~-TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRlCT AND ADOPT PRECISE PLAN STANDARDS FOR 3.9 ACRES AT THE NORTHEAST CORNER OF THIRD A VENUE AND "H" STREET, CURRENLY ZONED R-3, APARTMENT RESIDENTIAL 1. REClT ALS A. Project Site WHEREAS, the area of land which is the subject matter of this Ordinance is diagrammatically represented in Exhibit "A" and hereto incorporated herein by this reference, and commonly known as St. Rose of Lima Catholic Parish, and for the purposes of general description consists of approximately 3.9 acres at the northeast corner of Third Avenue and "H" Street. ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on September 21, 2006, 2006 by St Rose of Lima Catholic Parish (Applicant), requesting approval of a zoning modification application to establish the Precise Plan Modifying District and adopt Precise Plan Standards for 3.9 acres know as St. Rose of Lima project. It is currently zoned R-3, Apartment Residential; and, C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on May 7, 2007, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0-1-0 to approve DRC 06-50 contingent upon approval of this Ordinance and the Ordinance entering into effect; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 27, 2007, and after hearing staff presentation and public testimony, voted 4-0-3-0 to recommend that the City Council approve the Project, in accordance with the fmdings listed below; and, WHEREAS, the Planning Department set the time and place for 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 boundaries of the Project, at least ten (10) days prior to the hearing; and, 3-t Ordinance No. Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 27, 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 feet 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 xxxxxxxxx, 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-06-013) and approve the Project, in accordance with the findings listed below; and F. Discretionary Approvals Resolution Ordinance WHEREAS, at the same City Council hearing, at which the Ordinance was introduced, for first reading ( , 2007), the City Council of the City of Chula Vista approved Resolution number _by which it approved a Conditional Use Permit for the Project Site. NOW THEREFORE, the City Council of the City of Chula Vista does hereby finds, determines and ordains 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 conducted an Initial Study, IS-06-013 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant impacts 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-06-013 and associated Mitigation Monitoring and Reporting Program. B. Independent Judgment of the City Council WHEREAS, the City Council considered Mitigated Negative Declaration IS-06-013 together with any comments received during the public review process; and WHEREAS, the City Council further finds that on the basis of the whole record before it (including the initial study and any comments received), the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the 3-2 Ordinance No. Page 3 applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and WHEREAS, the Mitigated Negative Declaration and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption of the Mitigated Negative Declaration is based, and 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-06-013), 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 and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-0 13). C. The zoning modification of the Project Site is consistent with the City of Chula Vista General Plan, as approved on December 13, 2005, 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 modify the zoning of the Project Site as depicted in Exhibit "A" from the R-3 (Apartment Residential) Zone to the R-3-P, Apartment Residential Zone with Precise Plan Modifying District, including Property Development Standards as represented in Exhibit B. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN, INCLUDING PRECISE PLAN STANDARDS. Pursuant to Section 19.56.041 of the Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances are evident, which allows the application of the "P" Precise Plan Modifying on the Project Site: 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. Establishing the Precise Plan Modifying District and Precise Plan Standards to guide the redevelopment of the project site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. The precise plan standards are intended to address specific site design constraints and opportunities and protect the residential neighborhood to the east. Thus, establishing the precise plan modifying district will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CYMC 19.56.041: 3-3 Ordinance No. Page 4 The property or areas to which the P modifying district is applied is an area adjacent and contiguous to a zone aUowing different land uses, and the development of a precise plan wiu allow the area so designated to coexist between land usages which might otherwise prove incompatible. The site is adjacent and contiguous to the newly adopted Urban Core Specific Plan (UCSP) on three sides (north, south and west). The UCSP promotes a development pattern, which facilitate a compact urban environment, which is pedestrian friendly. These development standards include: (1) zero building setbacks from all adjacent street sides; (2) increased building height; (3) increased fence height to 8 feet along eastern property line; and (4) minimal on-site surface parking with remaining parking off-site. The zero building setback line with on-site parking to the east, behind the buildings, which will front along the western portion of the site facing Third A venue and H Street. The proposed building height of 54 feet will be similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. 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: The requested deviations under the Precise Plan are necessary in order to achieve a consistent urban-type development similar to the existing and proposed surrounding development to the west, north and south. The surrounding Urban Core Specific Plan promotes a development pattern, which facilitate a compact urban environment, which is pedestrian friendly. The proposed precise plan development standards include: (I) zero building setbacks from all adjacent street sides: (2) increased building height; (3) increased fence height to 8 feet along eastern property line; and (4) minimal on-site surface parking with remaining parking off-site. The zero building setback line with on-site parking to the east will facilitate placing building frontage along the western portion of the site facing Third Avenue and H Street. The proposed building height of 54 feet will allow a building height similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City OfChula Vista. The Precise Plan Modifying District and Precise Plan Standards will conform to both the General Plan as well as the newly adopted Urban Core Specific Plan, whose boundaries surround the project site on three sides. The increased flexibility inherent in the Precise Plan Standards will guide the development or redevelopment of the proj ect site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. This is consistent with the goals and policies of the newly adopted General Plan. 3-4 Ordinance No. Page 5 F. The Precise Plan and Precise Standards as depicted in Exhibits B are adopted and are supported by the required fmdings (CYMC Section 19.56.041, as outlined above. n. APPROVAL OF ZONE MODIFICA nON The City Council of the City of Chula Vista does hereby approve the rezone to establish the Precise Plan Modifying District and adopting Precise Plan Standards for the Project Site as represented in Exhibit "B". 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 Exhibits: Exhibit A: Zone Modification Map Exhibit B: Precise Plan Standards J:\A.Uomey\OrdinanffiAdopt PoIND oS: MMRP lS..Q6..0IJ_07.17-o7.a.x. 3-5 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~ st. ~ose of Lima Catholic C) Parish ~~: 293 H 51. EXHIBIT A . SCALE: FIL.E NUMBER: NORTH No Scale pcz-or -o2IPcc-or3 - 6 PROPOSED PRECISE PLAN STANDARDS Minimum Building Setbacks: Third Avenue: o feet Alvarado Street: o feet H Street: o feet Building Height: 54 feet (top of roof) 90 feet (top of spire) Fence Height: g feet height (along interior/eastern) or, line Parking: 261 of required paIki.ng spaces allowed off- site. Shared paIki.ng will be allowed in conjunction the following: 1) parking study showing excess parking available from Donor during time of applicants need for such spaces 2) copy of agreement between Donor and Recipient. Off-site Pedestrian Access: Modification of Section 19.62.040 of CYMe to require only a two party agreement between applicant and City required ensuring that off-site parking soaces will be orovided. Exhibit B 3-7