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HomeMy WebLinkAbout2009/05/05 Item 5 CITY COUNCIL AGENDA STATEMENT :S}\'f:.. CITY OF -~~CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: SUMMARY Item: :5 Meeting Date:OS/OS/09 PUBLIC HEARING TO CONSIDER REZONING A PARCEL AT 440 FOURTH A VENUE. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MULTI-FAMILY RESIDENTIAL) TO CO (COMMERICAL OFFICE). ,11/ DEPUTY CITY MANAGEflibEVELOPMENT SERVICES DIRECTOR CITY MANAGER' 4/STHS VOTE: YES NO_X_ Consideration of a Rezone, PCZ-09-0l, to change the property from a Multi-Family Residential (R3) to a Commercial Office (CO) zone at 440 Fourth Avenue. Applicant: Efrain Mascareno ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-01. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area. RECOMMENDATION Council conduct the public hearing and adopt the Ordinance. 5-1 Item No.: 5 Meeting Date: 5/05/09 Page 2 BOARDS/COMMISSION RECOMMENDA nON Design Review On March 16,2009, the Design Review Board approved the project. The Design Review Board added Condition Nos. 12 and 13 in regard to window treatments and the provision of colored concrete or scoring around the building (see Design Review Board Notice of Decision, Attachment 2). The Design Review Board reviewed the project parking and circulation plan and found it to be consistent with Chula Vista Design Guidelines. On April 8, 2009, the Planning Commission approved a variance to allow a 10-ft encroachment for the office building into the required rear setback. The Planning Commission considered the rezone on April 8, 2009 and voted unanimously, (5-0-0-2) to recommend that the City Council approve the proposed rezone to change the property from a Multi-Family Residential (R3) to a Commercial Office (CO) zone at 440 Fourth Avenue. DISCUSSION Project Site Characteristics: The 0.17-acre project site is located at 440 Fourth Ave between G Street and H Street. The project site is comprised of one parcel located in the urbanized northwestern portion of the City of Chula Vista (Attachment A-Location Map). The project site is relatively flat, with vehicular access from Fourth Ave. The project site currently contains three one-story detached residential buildings. The parcel is surrounded by other residential and commercial uses. As stated above, the office building was approved by the Design Review Board on March 16, 2009. The project proposes the demolition of existing residential buildings to construct a one- story 1,857 square-foot office building, including on and off-site improvements, paved parking lot, lighting, and landscaped treatment (see Attachment D, Project Plans). Project Data Assessor's Parcel Number: 568- 3 71-04-00 Current Zonin": R3 (Multi-Family Residential)* General Plan Designation: CO (Commercial Office) .. Lot Area: .1 7 acres PARKING REQUIRED: PARKING PROPOSED: Parking spaces, broken down as follows: Standard Spaces: 8 I per 200 Sq. ft. of floor area Disabled: I (1,857 sq. ft./200) = 9 Total: 9 Total: 9 SETBACKS/HEIGHT REQUlRED**: SETBACKS/HEIGHT PROPOSED: Front: 10 feet 101 feet Side: 0 feet o feet Side (Abutting R Zone): 5 feet 10 feet Rear: 10 feet o feet*** Height 45 feet 23 feet 5-2 Item No.: 5 Meeting Date: 5/05/09 Page 3 * City Council approval required for zone change from Multi-Family Residential (R3) to Commercial Office (CO). ** Commercial Office regulations pending City Council approval. *** Rear yard setback deviation approved by Planning Commission on April 8, 2009. General Plan, Zoning and Land Use General Plan Zoning Current Land Use Site: Commercial Office Multi-Family Residential* Residential Units North: Commercial Office Multi-Family Residential Residential Units South: Commercial Office Urban Core District Medical Offices East: Urban Core Residential Multi-Family Residential Residential Units West: Public Quasi Multi-Family Residential CV Jr. High School * City Council approval required for zone change from Multi-Family Residential to Commercial Office. ANALYSIS: Rezone: The proposed use is located in a Multi-Family Residential (R3) zone with a General Plan designation of Commercial Office (CO). The Multi-Family Residential (R3) zone does not allow for an office building, however, the General Plan designation of Commercial Office (CO) does allow an office use. Therefore, the Rezone application is necessary in order to change the zone from Multi-Family Residential (R3) to Commercial Office (CO) zone, and provide consistency with the General Plan. The "CO" zone is appropriate since it will implement the General Plan designation of Commercial Office as approved by the City Council on December 13,2005. The office building would comply with required development standards of the CO zone, including setbacks, (with the exception of the rear yard setback, for which a variance was granted), height restrictions and parking requirements contained in the Chula Vista Municipal Code. Conformance with Chapter 19.80 (Controlled Residential Development) of the Chula Vista Municipal Code Chapter 19.80 of the Chula Vista Municipal Code requires that the following be analyzed when a property is rezoned: 19.80.070 Chula Vista Zoning Code Modification A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone RE. Residential Estates Zones R-I Single Family Residential R-2 One and Two-Family Residential Zone R-3 Apartment Residential Zone 5-3 Item No.: 5'" Meeting Date: 5/05/09 Page 4 The subject property is currently designated R-3. The above language addresses residentially zoned property that would be rezoned to a higher residential category. Since the property is proposed to be rezoned to a commercial designation consistent with the General Plan, the above referenced table does not apply to this rezone request. B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C. After property is annexed by the City, the prezoning approved fore the subject property cannot be amended or changed in any way for a two year period. The provision shall apply only to prezones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. The property is being rezoned from residential to commercial. The first part of the above provision addresses property that is being rezoned trom commercial to residential; therefore, this portion of the above provision is not applicable. Since the site is presently zoned R3 (the highest residential classification pursuant to Chapter 19.80), it could not be rezoned back from commercial to a higher residential zoning classification. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of City Council and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. FISCAL IMP ACT The application fees and processing cost are paid for by the Applicant. There is no impact to the General Fund. ATTACHMENTS A. Locator Map B. Planning Commission Resolution, PCZ-09-0l C. Disclosure Statement D. Project Plans Prepared by: Caroline Young, Associate Planner, Planning Division J:\Planning1CAROLlNE\Discretionary PermitslOffice Bldg 440 Fourth AvelCC ReportsIPCZ-09-0J CC StqffReport.doc 5-4 5-5 ATTACHMENT A Locator Map . \ ~ PROJECT . lOCATION !) C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT MPAArchitects Inc. PROJECT DESCRIPTION: (2) APPLICANT: ZONE CHANGE PROJECT 440 Fourth Av Project Summary: Demolish three existing residential buildings ADDRESS: and construct a one story 1,857 Sq. Ft. Office building. Proposed SCALE: J FILE NUMBER: re-zone from R3 to CO to be consistent with GP designation of CO. Nl No Scale PCZ-09-01 Related cases: ZAV.{J9.{J3. 1S.{J9.{J03. DCR.{J9.{Ja -- - -_.- L:\Gabe Files\lacators\pcz0901.cdr 10.03.08 5-6 --~--- '-~-~.~ ---~-- .~ ATTACHMENT B Planning Commission Resolution, PCZ-09-01 5-7 ~ RESOLUTION NO. PCZ-09-01 RESOLUTION OF THI;: CITY OF CHULA VISTA PLANNING COMMISSION RECOMtvlENDING THAT THE CITY COUNCIL ADOPT REZONE PCZ-09-0 I FOR. I 7 ACRES LOCA TED AT 440 FOURTH AVENUE. WHEREAS, a duly verified application for a Rezone was filed with the City ofChula Vista Planning Department on September 19,2008, by Efrain Mascareno ("Applicant"); and WHEREAS, the Applicant requests approval of 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 a Multi-Family Residential (R3) Zone to a Commercial Office (CO) zone ("Project"); and WHEREAS, the area of land commonly known as 446 Fourth A venue, which is the subject matter of this Resolution, and is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, consists of one site totaling .17 acres located at 440 Fourth Avenue ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0 I. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under2,500 square-feet in floor area; and . . WHEREAS, the Planning and Building Director set the time and place for a hearing on the 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 boundaries of the property, at least lO days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., AprilS, 2009, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on AprilS, 2009, as . . set forth in the record of its proceedings therein, and having made certain findings, as set forth in their recommending Resolution PCZ-09-0lrecommends that the City Council approve the Project, based on certain terms and conditions. 5-8 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached City Council Ordinance adopting Rezone PCZ-09.0I, rezoning the Project Site from a Multi-Family Residential (R3) Zone to a Commercial Office (CO) zone. -- BE IT FURTHER RESOL VED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of April, 2009, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: William C. Tripp, Chair ATTEST: Diana Vargas, Secretary . . Presented by: Approved as to form bv: (J ~{~~ Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director J:\Planning\Caroline\Descretionary Permits\Office BuiJding 440 Fourth Ave\PCZ-09-O I PC Reso.doc 5-9 \ ~ PROJECT lOCATION C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT MPAArchitects Inc. PROJECT DESCRIPTION: C) APPLICAN1: ZONE CHANGE PROJECT 440 Fourth Av Project Summary: Demolish three existing residential buiidings ADDRESS: and construct a one story 1.857 Sq. Ft. Offi.ce building. Proposed SCALE: I FILE NUMBER: re-zone from R3 to CO to be consistent with GP designation of CO. , No Scale PCZ-09-01 Related cases: ZAV~9-<J3. 15-09-<J03. DCR~~8 L:\Gabe Files\Jocators\pcz0901.cdr 10.03.08 5-10 EXHIBIT A --~_.~ ..----.--- 5-11 -~'."'-' -.-.-.., '--','.--..,' ...-......-.-..........--..-.--....---.--,.--.-- ATTACHMENT C Disclosure Statement . '~;rt.. -I\\!J- ~ -: P I ann ng & Building Planning Division Department Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: . 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. fr&\~ ~,f'rt1,WD' ;.i2.,'iI, D 1:\-. ~\\DU!\ \ )\L:,TA (Pi C\ Ie, \ '3 I . 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 3. 5. Piease identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~~(~~~?IDq Has any person' associated with this contract had any financial dealings f an officiai" of the City of Chura Vista as it relates to this contract within the past 12 months. Yes_ No 4. If Yes, briefiy describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contributi<<;y of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No f- Yes _ [f yes, which Council member? 276 Fourth Avenue Chula Vista I California 5-12 91910 (619) 691-5101 ~\{?- N4'- . - p I ann n g & Building Planning Division Department Dev~lopment Processing CITY OF CHULA VISTA APPLICATION APPENDIX 8 Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista In the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ NoX If Yes, which official" and what was the nature of item provided? ~;?~ Signature of Contr or pplicant L t.S fJ J:U ["i2.Sd1-ruE.J2.-. type name. of Contractor/Applicant Date: Q \ \ \ \ tB '. \ Print or , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Mem,ber of a b~ard, commission, or committee of the City, employee, or staff members, 276 Fou rth Avenue Chula Vista I California 5-13 91910 (619) 691-5101 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.0IO TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MULTI-FAMILY RESIDENTIAL) TO CO (COMMERICAL OFFICE) 1. RECITALS A. Project Site WHEREAS, the subject matter oftrus 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 B. Project; Application for Discretionary Approval WHEREAS, an application was made by Efrain Mascareno ("Applicant") to amend the Zoning Map and was filed with the City of Chula Vista Development Services Department on September 19,2008; and C. Prior Discretionary Approvals WHEREAS, The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0 1. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on April 8, 2009, and voted 5-0-0-2 to recommend that the City Council approve the rezone in accordance with the Findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on April 8, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record on Applications 5-14 WHEREAS, a duly called and noticed public hearing was held before the City Council of the City ofChula Vista on May 5, 2009 on the Project to receive the recommendations ofthe Planning Commission, and to hear public testimony with regard to same. II NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0 I. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area. B. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council has exercised their independent review and judgement and concurs with the Environmental Review Coordinator's determination that the proposed office building complies with the California Environmental Quality Act and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0!. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) ofthe State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area. C. FINDINGS FOR COMMERICAL OFFICE ZONE AMENDMENTS The City Council hereby finds that the Findings and determinations made by the Planning Commission continue to be true and correct, and the proposed Commercial Office rezone is consistent with the City of Chula Vista General Plan, and is found to be a public necessity, and a good zoning practice. D. APPROVAL OF ZONING REGULATIONS The City Council does hereby approve the proposed Commercial Office rezone, which will allow the one-story 1,857 square foot office building. III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. 5-15 IV. 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 Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director 5-16