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Home My WebLink About2007/09/11 Item 2 ..to.\\) ~o~O\\ ~U"'" ORDINANCE OF THE CITY COUNCIL OF OF CHULA VISTA AMENDING THE ZONING MAPS EST D BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3-P-9, APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN STANDARDS. ORDINANCE NO. 2007- 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated into the ordinance by this reference, and for the purpose of general description consists of one parcel totaling one acre, located at 696 Naples Street ("Project Site or Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 28, 2006, a Zone Modification application was filed by Health Advances, USA, ("Applicant") 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 change the Project Site zone designation from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) to the ILP, Limited Industrial, Precise Plan and adopting Precise Plan Standards to guide the redevelopment of 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 the re-designation of the project site from Residential Medium (6-11 d.u./ac.) to Limited Industrial; and D. Planning Commission Record on Application WHEREAS, the Planning Department set the time and place for a hearing on the Project, and notice of the 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 Site, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 25, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 6-0-1-0 to recommend that the City Council approve the zone district re-designation, including the Precise Plan Standards 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 July 25, 2007, and the minutes and resolution resulting therefrom, are incorporated into the record of these proceedings; and 2-1 Ordinance Page 2 J~'", , (jl/ E. City Co~n:<SiI>R~cord on Application WHEREAS, the City Clerk set ~. tirp.e and place for the hearing on the Project application and notice 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 (l0) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on August 14,2007, 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 (6-0-1-0) to approve the zone redesignation and 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 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 determined that the proposed project was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR 05-01. Thus, no further environmental review or documentation is necessary. B. Independent Judgment of the City Council WHEREAS, the City Council has exercised its independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that no further environmental review is necessary. C. The rezoning of the Project Site is consistent with the City ofChula 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-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) zone, to the ILP (Liruited Industrial, Precise Plan) zone, as represented in Exhibit "B". E. Precise Plan Findings I. 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 have a positive impact on the surroundina neighborhood because the proposed standards allow the applicant to moditj the project to be more compatible with adjacent residential development 2-2 Ordinance Page 3 presently existing in the area. The surrounding area includes single-family dwellings to the east, a school to the south, industrial buildings to the north and a railroad with adjacent mobile homes on the west. This development will establish new standards, which are appropriate for the area, providing more of a transition between existing single-family and light industrial development. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56.041: (a) The City Council [mds that the property is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the adj acent area to coexist with this land usage, which might otherwise prove incompatible. A rezone to the ILP zone is the most effective way of establishing industrial development standards in a manner that complies with the City's General Plan and Zoning Ordinance. (b) Council also [mds that the adoption of the Precise Plan standards will allow the project to be designed with a more appropriate transition between it and adjacent single family development, helping buffer the adjacent homes from this use by incorporating walls and landscaped setbacks, as well as moving roll-up doors and truck access to the rear of the building. 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 standards normally required in the 1L zone would limit the ability of the Applicant to propose a design which: (a) Meets the goal of buffering the single family residential uses to the east by providing a more significant landscaped buffer along that property line. (b) Provides for truck access to the rear of the building by moving the truck maneuvering space to the south side of the property. 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 OfChula Vista. The project has been designed and evaluated in accordance with the goals and objectives of the General Plan. 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 Exhibit "B" are hereby adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined in Section II (E) above. 2-3 Ordinance Page 4 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 Ann Moore City Attorney Exhibit A: Rezone Map Exhibit B: Precise Plan Standards 2-4