HomeMy WebLinkAboutOrd 2008-3102
ORDINANCE NO. 3102
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO
REZONE ONE 3.9 ACRE PARCEL LOCATED AT 267 EAST
OXFORD STREET FROM R- I (RESIDENTIAL SINGLE F AMIL Y)
TO R-I -5-P (SINGLE F AMIL Y RESIDENTIAL, PRECISE PLAN),
AND ADOPTING PRECISE PLAN STANDARDS
WHEREAS, the subject matter ofthis Ordinance is the Zoning Map established by Chapter
19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the
project area is identified as Exhibit "A," attached hereto; and
WHEREAS, an application made by Concordia Lutheran Church (Applicant) to amend the
Zoning Map was filed with the City of Chula Vista Planning and Building Department on April
10,2007; and
WHEREAS, the applicant proposes to rezone the 3.9 acre Project site located at 267 East
Oxford Street from the R-I (Residential Single Family) Zone to the R-I-5-P (Residential Single
Family, Precise Plan) zone, establishing a Precise Plan Modifying District, and adopting Precise Plan
standards (Project); and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-
07-031) 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 (MND IS-07-031) and associated Mitigation Monitoring and Reporting
Program (MMRP); and
WHEREAS, the Planning Commission recommended approval of the project at a public
hearing held at a time and place advertised, namely 6:00 pm on December 12, 2007, in the Council
Chambers, 276 Fourth Avenue; and
WHEREAS, the City Council set the time and place for a hearing on said zone change (PCZ-
07-08) 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 ofthe
exterior boundaries of the Project site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
January 8, 2008, in the Council Chambers, 276 Fourth Avenue and said hearing was thereafter
closed.
Ordinance No. 3102
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does ordain as follows:
1. FINDINGS FOR APROV AL OF REZONE AND PRECISE PLAN MODIFYING
DISTRICT, 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 District to the project site.
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 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 the existing
residential development in the area. The surrounding area includes single-family homes to
the north, south, east and west. These homes were developed pursuant to the R-I-7 zone
with predominantly 7,000 square foot lots. To provide a subdivision design that is more
compatible with the R-I-7 zone, the Project will include a minimum rear yard setback
requirement of20 feet, which exceeds the R-I-5 requirement, and matches that of the R-I-7
zone. Through the use of three different floor plans at varying setbacks, the front and rear
yards of the Project will be staggered, which will vary the alignment of homes to add visual
interest. The applicant is proposing single-story plans on 10 of the lots, which will
complement the surrounding area, which also contains a mixture of single-story and two-
story development. Such standards will allow construction of a single-family development
that is more compatible with the surrounding R-I-7 zone type of development than the
typical R-I-5 development.
2. That such plan satisfies the following principles for amendment of the "P" modifYing district
as set forth in CVMe 19.56.041:
(a) The basic or underlying zone regulations do not allow the property owner
or the City the appropriate control or flexibility needed to achieve an efficient and
proper relationship among the uses allowed in the adjacent zone
The City Council finds that application of the "P" modifYing district is appropriate
because the underlying R-I-5 zone regulation does not allow development standards
needed to achieve a project design that is compatible with the adjacent residential area,
and therefore a precise plan modifYing district is needed to allow a more compatible
design. Development of the site under the standard R-I-5 zoning would potentially
result in massing issues created by rows of rear elevations of homes developed with a
15 ft. rear yard setbacks. The Precise Plan standards will allow the Project to be
designed with development standards which will make a more appropriate transition
between adjacent single family development on 7,000 square foot lots, and will also be
designed to include walls, fencing and landscaped open space lots 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.
Ordinance No. 3102
Page 3
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 "P"
Precise Plan ModifYing District.
(a) With the exception of the rear yard setback of20 feet and the front yard setback to the
porch of 10 feet, the development standards are the same as the R-I-5 zone.
(b) Development of the lot using the development standards of the R-I-5 zone would limit
the ability of the applicant to propose a design that meets the goal of achieving an
efficient and proper relationship among the uses allowed in the adjacent zone. The
Precise Plan will provide special development standards that will make the project more
compatible with adjacent single-family housing, which was developed under the R-I-7
development standards.
( c) 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.
4. That the approval of this plan will conform to the General Plan and the adopted policies of
the City Of Chula Vista.
(a) 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.
The Precise Standards as depicted in Exhibit B are adopted and are supported by the required
findings (CVMC Section 19.56.041), as outlined in Section I above.
II. ACTION
Finding that it is consistent with the City of Chula Vista General Plan, and all other
applicable Plans, and that the public necessity, convenience, general welfare and good
planning and zoning practice support their approval and implementation, the City Council of
the City OfChula Vista hereby amends the Zoning Map, re-zoning the 3.9 acre Project site
located at 267 East Oxford Street from the R-I (Residential Single Family) Zone to the R-I-
5-P (Residential Single Family, Precise Plan) zone, establishing a Precise Plan ModifYing
District, and adopting Precise Plan standards;.
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
1\wr~\\\~
Ann Moore '
City Attorney
Ordinance No. 3102
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of January 2008, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
J~ J! ;110"~
Donna R. Norris, 'CM'C, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Interim City Clerk ofChula Vista, California, do hereby certify that the foregoing
Ordinance No. 3102 had its first reading at a regular meeting held on the 8th day of January, 2008;
and its second reading and adoption at a regular meeting of said City Council held on the 15th day of
January 2008; and was duly published in summary form in accordance with the requirements of state
law and the City Charter.
Executed this 15th day of January 2008.
~AAEA k! ~~~.
Donna R. Norris, CMc;'Interim City Clerk
_______----..J
Exhibit A
31'02
r
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLIC~ Brookfield Shea Otay, LLC. ZONE CHANGE
PROJECT 267 E. Oxford Street. Request: 36 5FD development on a 3.9 acre lot. Zone change
ADDRESS: proposed from R1 to R2. Located at 267 E. Oxford 5t
SCAlE: FILE NUMBER:
NORTH No Scale PCZ-07-Qa Related cases: 15-07'()31, PCS.()7.()7 & GPA.()7.()4
J:\Planning\Public Notices\PCZ\PCZD708.cdr 04.26,07
Ordinance No. 3102
OXFORD STREET PROJECT
PCZ-07-08 / PCM 08-02
Page 6
PRECISE PLAN DEVELOPMENT STANDARDS
Lot Size 5,000 sq. ft. minimum
Lot Width 50 ft. minimum, except 35 ft. for cul-de-sac lots
Building Coverage 40% maximum
Floor Area Ratio (FAR) 50% Maximum
(including garage)
Front Yard Building Setback:
(all setbacks measured from property line except
where noted)
. To Building (living area) IS ft.
. To Porch 10 ft.
Width of porch shall not exceed 1/3 width of
house
. To Garage 22 ft. from closest edge of sidewalk to face of
garage
Rear Yard Building Setback: I
20 ft, with the following exception:
Up to 1/3 of the width of the first story of any
house may encroach 5 ft. into the required 20 ft.
rear yard setback, as long as the second
story meets the main 20 ft. setback.
Interior Side Yard Building Setback 5 ft.
Exterior Side Yard Building Setback 10 ft.
Building Height: 28 ft. / 2 stories
(Measured to mean height level between eave
and ridge - per CYMC 19.04.038)
Fencing/Walls: Decorative stucco, split-face block walls, rail
(view) or wood privacy fencing are permitted.
Maximum height is 6 feet from adj acent grade level.
Garage Minimum 400 square foot, 2 car garage with
(Continued on Pg.2) minimum dimension of 20 feet.
Ordinance No. 3102
Page 7
OXFORD STREET PROJECT
PCZ-07-08 / PCM 08-02
Notes:
a. Minor modifications to Precise Plan map are permitted pursuant to appro,
of a Site Plan and Architectural Review by the Zoning Administrator, per
CYMC 19.14.420. Amendments to the Precise Plan Map shall comply with
the Precise Plan Development Standards. All other Precise Plan amendments
shall comply with Precise Plan Modification requirements per CYMC
19.14.577.
b. Uses and Development standards not addressed in this Precise Plan shall
comply with the requirements of the Zoning Ordinance, CV.MC Title 19.
c. Accessory Uses and Structures shall comply with requirements of CVMC
19.24.030, with the following exceptions:
(1) The first 300 square feet of any attached or detached open structure, such
as a patio cover or gazebo, which are open on 2 or more sides, are exempt
from the Floor Area Ratio requirements.
(2) The first 100 square feet of detached enclosed buildings such as a pool,
storage, or garden building is exempt for the floor are ratio requirement.
(3) A 5-foot rear and side yard setback is required for any accessory structl"~
in the required rear or side yard area.
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