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Home My WebLink AboutOrd 1983-2017 ORDINANCE NO. 2017 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING ONE ACRE ON THE SOUTH SIDE OF KEARNEY STREET BETWEEN THIRD AND CHURCH AVENUES FROM C-C AND R-3-D TO C-O-P The City Council of the City of Chula Vista finds as follows: That in accordance with the attached Negative Declaration, IS-83-12 and the findings therein, the proposed rezoning will not have a significant impact upon the environment, and the City Council hereby certifies that the Negative Declaration was prepared in accordance with the California Environmental Quality Act of 1970, as amended. The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That the. Zoning Map or Maps established by Section 19.18.010 of the Chula Vista Municipal Code be hereby ~mended by adding thereto the following zoning changes: That that certain property consisting of approximately one acre on the south side of Kearney Street between Third and Church Avenues be, and the same is hereby rezoned from C-C and R-3-D to C-O-P in accordance with Planning Commission Resolution No. PCZ-83-C adopted on the 8th day of December,.1982 pursuant to the provisions set forth in Section 19.12.020 governing the rezoning of property. SECTION II: That any and all ordinances heretofore adopted by the City Council of the City of Chula Vista concerning zoning of said property be, and the same are hereby rescinded insofar as the provisions therein conflict with this ordinance. SECTION III: This ordinance shall take effect and be in full force on the thirty-first day from and after its passage and approval. Presented by Approved as to form by Direc~lanning ~I / Rev. ~ 82 FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF 'THE FY OF CHULA VISTA, CALI FORNIA~ HELD January II , 19 n3, AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD Jan-ary 18 · 19 83 , ., BY THE FOLLOWING VOTE, TO-WIT: ' AYES: Councilmen: Moore, McCandliss, Scott, Cox NAYES: Councilmen: None ABSTAIN: Cotmcilmen: None ABSENT: Councilmen: Ma 1 co 1 m Moy~~City of Chulo Vista ~> FATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of fhe City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correcf copy of ORDINANCE NO. 2017 ,and that the some has not been omendedor repealed. DATED (seal) Cify Clerk CC-660 ,negative declaration PROJECT NAME: California Healthplan, Inc. PROJECT LOCATION: Southeast corner Third Avenue and Kearney Street PROJECT APPLICANT: California Healthplan, Inc. 3180 University Avenue San Diego, CA 92104 CASE NO. IS~83-12 DATE: November 24, 1982 A. Project Setting The project site consists of approximately 1.04 acres located on the south side of Kearney Street between Third Avenue and Church Avenue. The project site contains a structure currently being used as an office and formerly used as a fast food restaurant atthe corner of Third Avenue and Kearney Street, a medical office and a dental office. A parking lot exists on the remainder of the lot oriented to Kearney Street and Church Avenue. Adjacent land uses include single family dwellings located to the east and to the south on Church Avenue, residential uses and a beauty salon to the north. The post office is located to the west across Third Avenue and a card room and restaurant are to the south. There are no significant natural resources on the site, nor are there any historical or prehistorical resources known to be present. No geologic hazards are known to exist within the project vicinity. B. Project Description The applicant proposes to construct a 4,280 sq. ft., one story medical office building at the southeast corner of Third Avenue and Kearney Street. Twenty-four parking spaces are existing to the east of the proposed structure site for adjacent medical offices. The applicant proposes improving this area to provide an additional 21 parking spaces for proposed offices. In addition, the applicant proposes to rezone the property fronting on Church Avenue from ~-3-D (multiple family subject to design control) to C-O (commercial office) and the property fronting on Third Avenue from C-C (central commercial) to C-0. C. Compatibility with Zoninq and Plans The proposed structure is compatible with both the present zoning (C-C) and proposed zoning (C-0) and the parking area would require approval of a conditional use permit or rezoning in order to accommodate the additional parking spaces as required. The project is compatible with the General Plan and associated elements. D. Identification of Environmental Effects The City's Traffic Engineer has indicated that while it is undesirable to promote commercial traffic on a residential street, the traffic impact from the city of chula vista planning department environmental review lectlon ~__Y proPosedproject will not result in a significant adverse environmental.impaCt on any of the surrounding residential or con~nercial streets. E. Findings of Insignificant Impact 1. The project area is generally void of any significant wildlife or vegetation and there are no geologic hazards known to exist in the immediate area. 2. The proposed rezoning and medical offices are in conformance with the General Plan and associated elements. The project will not achieve short term gains to the disadvantage of long term and environmental goals. 3. There are no impacts anticipated to interact and cause any substantial cumulative effect on the environment. 4.The project will not create any source of significant noise nor will any hazards to human beings result. F. Consultation City of Chula Vista Steve Griffin, Associate Planner Roger Daoust, Senior Engineer Tom Dyke, Building Deparl~nent Ted Mensell, Fire Marshal Duane Bazzel, Assistant Planner Edwin W. Reiner, Applicant Dan Davis, Applicant's Designer G. Documents IS-81-6, Third Avenue OffiCe Building The Initial S,tl:{~,.."F~F;] Lc.:t'.on ,'~nll ev.~luation forms documenting the findines o|7 no :;L,:nl.~'ic.ln:: ir::pact at-~ on ~ile and available for public rc'.'itz~.~ .~t th,~ CIi,l].l Vista ~[annLnq [),zpt., 276 4th Avenue, Chu[a Vista, CA ')20[0. .... , · ~': CCOFDI:jATOR ................. -: ._s= ..... RESOLUTION NO. PCZ-83-C RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE REZONING OF APPROXIMATELY ONE ACRE ON THE SOUTH SIDE OF KEARNEY STREET BETWEEN THIRD AND CHURCH AVENUES FROM C-C AND R-3-D to C-O-P AND AMENDING THE BUILDING LINE MAP TO ESTABLISH A IO-FOOT SETBACK ALONG THE THIRD AVEMUE AND KEARNEY STREET FRONTAGES OF THE PROPERTY WHEREAS, a duly verified application for the rezoning of property was filed with the Planning Department by California Healthplan, Inc. on November 10, 1982, application No. PCZ-83-C, and WHEREAS, said application requested a change of zone for approximately one acre,. comprised of six parcels located on the south side of Kearney Street and extending from Third Avenue to Church Avenue, from C-C and R-3-D to C-O, and WHEREAS, an Initial Study, IS-83-12, was conducted by the Environmental Review Committee on November 24, 1982, which concluded that there would be no significant adverse environmental impact from the proposed rezoning and develop- ment of the property and recommended adoption of a negative declaration, and WHEREAS, the City Planning Commission set the time and place for a hearing on said zone change, and notice of said hearing, together with its purpose was given by the publication in a newspaper of general circulation in the city at least lO days prior to the date of said hearing, and WHEREAS, a hearing was held at the time and place as advertised, namely 7:00 p.m., December 8, 1982, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the Planning Commission found that the rezoning and proposed development will have no significant environmental impact and adopted the Negative Declaration issued on IS-83-12. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. From facts presented to the Commission, the Commission finds that public necessity, convenience, general welfare and good zoning practice support the change of zone from C-C and R-3-D to C-O-P, subject to the following develop- ment standards: -2- a. The six parcels shall be consolidated into one lot by either an adjustment plat or parcel map prior to the issuance of a building permit. b. The building setback from Church Avenue shall be as follows: One story (16 ft. max.) height ~ 20 feet Two stories (25 ft. max.) height - 30 feet Three or more stories (45 ft. max.) height - 100 feet c. Access shall be limited to Third Avenue and Kearney Street unless otherwise approved by the City Traffic Engineer. d. A 3½ ft. high decorative wall shall be required to screen all parking areas from Church Avenue and Kearney Street. 2. Findings in support of applying the "P" Modifying District are as follows: a. The property or area to which the "P" Modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise prove incompatible. The proposed rezoning represents encroachment of commercial uses into a residential area which requires the attachment of the "P" district. b. The underlying zone regulations do not allow the property owner and/or the City appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. The attachment of the "P" district is needed to establish develop- ment standards relating to setbacks, building heights and circula- tion. BE IT FURTHER RESOLVED: 1. That the Planning Coj~lission recon~nends that the City Council adopt an ordinance amending the Building Line Map establishing a lO-foot setback along Third Avenue and Kearney Street frontages of the subject property as shown on -3- Exhibit A. 3. The Planning Co~ission reco~ends to the Ci~ Council that said change of zone and adoption of develo~ent standards be approved. 4. That this resolution be transmitted to the Ci~ Council and a cow be transmitted to the owners of the properU. PASSED AND APPROVED BY THE CITY PLANNING CO~ISSION OF CHULA VISTA, CALIFORNIA this 8th day of December, 1982 by the following vote, to-wit: AYES: Co~issioners Pressutti, Green, Shipe, Cannon and O'Neill NOES: None ABSENT: Co~issioners R. Johnson and G. Johnson Chairman Pro Tem ~TEST: Secreta~ u.I u.I :) ' ~ I j I/4 SEC I,t9 I -- K STREET - I/4 SEC 140 M 166 CASE NO. Pcz-B3-c I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE ACREAGE: I. o4 oc, DATE:FEB 21, 198;5 cl~v LIrRK DRAWN BY:.~/~/~( ~ o TE c~o~~.-/... ZONING MAP 402 ' ~,, , I I:~',: o ",./" Street ' .......:::;: ....../'.- ...... ~ri~ SF ~~JFC~ _~ sr AREA - . - POSt ~fice ~ ~ $F I SF ~ " ~I0' Setback ~ ~ ~-- - ~'~..~--- ~ ~ ' ' _~-Z~ o~fi~S, ' ~ 8 I I , '; ~, P I I I I t I ~ I I d I ~ .... ~ I s I I I r- I ~ I-' I I I .... I t~ I I I I ~ I ]_, . , ' [~/. HeQ/fhp/Qn /~. ] ~LOCATOR PCZ -8~-C ' [ ] Request to fete. 6 ~rcels fmm C-C 8 R~-D ~ C-O ~BeN~n Church and 3 .................. ~_:~Z~[] THIRD AVE ORDINANCE NO. 2017 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING ONE ACRE ON THE SOUTH SIDE OF KEARNEY STREET BETWEEN THIRD AND CHURCH AVENUES FROM C-C AND R-3-D TO C-O-P By a unanimous vote of those present at the meeting of January 18, 1983~(Councilman Malcolm was absent), the City Council placed the ordinance on second reading and adoption. California Healthplan, Inc. requested a change of zone for approximately one acre, comprised of six parcels located on the south side of Kearney Street and extending from Third Avenue to Church Avenue to C-O. The Council approved a zone change to C-O-P in accordance with the Planning Commission Resolution No. PCZ-83-C. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, CA. Dated: 1/19/83