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HomeMy WebLinkAboutOrd 1982-2009 ORDINANCE NO. 2009 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 0.88 ACRES AT 446-450 FOURTH AVENUE FROM R-3 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-82-31 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 0.88 acres located at 446-450 Fourth Avenue be, and the same is hereby rezoned from R-3 to C-O-P in accordance with Planning Commission Resolution No. PCZ-83-A adopted on the 22nd day of September, 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adopted by the City Council of the City of Chula Vista concerning zoning of said property be, and the same are hereby rescinded insofar as the provisions therein conflict with this Ordinance.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 d Gray, Di anning George D. Lindber C' t /' Rev. 7- 82 FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE' "~Y OF CHULA VISTA· CALIFORNIA· HELD October 19 , 19 82 · AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD October 26 · 19 82 · BY THE FOLLOWING VOTEr TO-WIT: AYES: Councilrrmn: McCandliss, S,cott, Cox, Malcolm, Moore NAYES: Coundlmen .. None ABSTAIN: Councilmen: None ABSENT: Councilmen: None ~he C~ of Chulo Visto City lerk ~f/ L FE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the above end foregoing is a full, true end correct copy of ORDINANCE NO, 2009 ,end thor the some hoe not been omentied or repeoled. DATED (seol) City Clerk CC-660 MITIGA%ED ' negative declaration ~ROJECT NAME: Fourth Avenue Medical Center PROJECT LOCATION: 446-450 Fourth Avenue PROJECT APPLICANT'.' Dr. Mark Jenkins c/o Bill Whitt, 470 Third Avenue, Chula Vista, CA 92010 CASE NO. IS-82-3l DATE: July 22, 1982 A. Project Setting 1. The project site consists of 38,280 sq.ft. of relatively flat property located at 446-450 Fourth Avenue. A total of seven living units are presently located on the site. 2. Adjacent land uses consist of a duplex to the north, Chula Vista Junior High School to the west, a medical center to the south and Fourth Avenue to the east. 3. The project vicinity is not subject to any unusual geologic hazards, and there are no known endangered plant or animal species located on or near the project site. Project Description The proposed project consists of the construction of a 28,180 sq.ft., 5-story medical building with a 2-level parking structure (one level below-grade) for 142 cars. The project will have a single access on Fourth Avenue. C. Compatibility with Zoning and Plans The proposed use is compatible with the General Plan land use designation of "Professional and Administrative Office," although the property will require rezoning from R-3 {Multiple Family} to C-0 {Commercial Office} to permit the proposed use. D. Identification of Environmental Effects l. Soils Expansive soils may be present on the project site. A soils report will be required, with reconm~endations to be incorporated into the project to insure stable construction. city of chula visla planning depertmenl environmental review leclion ISL82-3t -2- 2. Transportation a. Existing traffic levels on Fourth Avenue amount to 16,150 ADT and a service level of C/D. The proposed use will generate approximatel~ 2,550 additional daily trips, resulting in a total ADT of 18,700 on Fourth Avenue and a service level of D/E at the intersection of Fourth Avenue and "H" Street. b. A traffic and circulation analysis prepared by Urban Systems Associates and revisions to said analysis indicate that, due to proposed traffic levels of the intersection of Fourth Avenue and "H" Street, a southbound "right-turn only" lane will be required to mitigate potentially significant traffic impacts. In addition, a continuous left-turn lane will be required on Fourth Avenue from Roosevelt Street to approximately Vance Street. c. To reduce conflicts with Roosevelt Street the access drive should be shifted to the north as far as feasible. 3. Social a. Since removal of seven living units will be necessary to construct the proposed project, a total of 14 residents will be displaced. This small number of residents is not considered a significant adverse environmental impact. b. The extension of the continuous left-turn lane along Fourth Avenue will require the elimination of curbside parking adjacent to existing residences that front on Fourth Avenue. Parking is available for these residences on the individual sites and, therefore, the elimination of spaces is not considered a significant environmental issue. E. Mitigation Necessary to Avoid Significant Effects 1. The following mitigation measure is a standard development requirement: A soils report shall be prepared and submitted prior to building permits. Recommendations from the Soils Engineer shall be incorporated into the project to insure stable construction. 2. The following mitigation measures shall be agreed to by the applicant and implemented into the project: a. A continuous left-turn lane shall be installed on Fourth Avenue from Roosevelt Street to approximately Vance Street. b. The access drive to the project site shall be shifted to the northerly half of the property. c. The developer will be required to agree to 50% participation in the construction bf a southbound right-turn only lane at Fourth Avenue and "H" Street. IS-82-31 -3- F. Findings of Insignificant Impact 1. The project site is void of any significant natural or man-made resource. No known geologic hazards are present on the site, and proper engineering n~ethods will insure stable construction. 2. The proposed medical office building is consistent with the General Plan and associated elements, and will not achieve short-term to the disadvantage of long-term environmental goals. 3. Potential impacts can be mitigated, and none are anticipated to occur which could interact to create a substantial cumulative effect on the environment. 4. Vehicle traffic increases, resulting from the proposed project, are not considered significant with the implementation of the above-mentioned mitigation measures. G. Consultation 1. Individuals and Organizations City of Chula Vista Steve Griffin, Associate Planner Bill Harshman, Senior Engineer Tom Dyke, Building Department Ted Mensell, Fire Marshal Duane Bazzel, Assistant Planner Applicant's designer John Nash Applicant's traffic Andrew Schlaefli engineer 2. Documents Traffic and Circulation Analysis, Urban Systems Associates, Inc. (june, 1982) Thu In: tLial St:lz{l,..- .'.:>~5! Lc.:t ion ,-lnfl ,~v.~luatioD forms documenting the fix'l~in{::': ~1 no r;l~:nl~'ic.lnt in?act are on file and available for public revic~v .~t tl~,~ ~'1:~,1,~ Vista ~lannfnq f~ept., 276 4th Avenue, Chula Uirlta, C2, city ol chula vista planning department environmental review section AGREEMENT BY DR. MARK JENKINS NOT TO OPPOSE THE MITIGATION MEASURES LISTED IN MITIGATED NEGATIVE DECLARATION IS-82-31 WHEREAS, Dr. Mark Jenkins is the owner at 446-450 Fourth Avenue, and; WHEREAS, Dr. Mark Jenkins has now applied to the City of Chula Vista to develop said property, and; WHEREAS, the State of California (CEQA) requires that mitigation to avoid a significant environmental impact be agreed to by the project proponent prior to project approval, NOW, THEREFORE, THE PARTY DOES HEREBY AGREE TO THE FOLLOWING: Dr. Mark Jenkins agrees on his own behalf and on behalf of his successors in interest to the property at 446-450 Fourth Avenue to implement the mitigation measures listed in Mitigated Negative Declaration IS~82-31. Dated: Witnessed: Chairman, Environmental ReView Committee RESOLUTION NO. PCZ-83-A RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE REZONING OF 0.88 ACRES AT 446-450 FOURTH AVENUE FROM R-3 to C-O-P WHEREAS, a duly verified application for the rezoning of property was filed with the Planning Department by Dr. Mark Jenkins and Wm. J. Whitt on August 30, 1982, application No. PCZ-83-A, and WHEREAS, said application requested a change of zone for 0.88 acres at 446-450 Fourth Avenue from R-3 to C-O-P, and WHEREAS, an Initial Study, IS-82-31, was conducted by the Environmental Review Committee on July 22, 1982, which concluded that there would be no significant adverse environmental impact from the proposed rezoning of the property and recommended adoption of a mitigated negative declaration, and WHEREAS, the City Planning Comnission 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 10 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., September 22, 1982, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Con~nission finds that in accordance with the findings stated in the negative declaration issued on IS-82-31 this rezoning will not have a sig- nificant adverse environmental impact and adopts the negative declaration with the following mitigation measures: a. A continuous left turn lane shall be installed on Fourth Avenue from Roosevelt Street to approximately Vance Street. b. The access drive to the project site shall be shifted to the northerly half of the property. c. The developer will be required to agree to 50% participation in -1- the provision of a southbound right-turn-only lane at Fourth Avenue and "H" Street. 2. From facts presented to the Commission, the Commission Finds that public necessity, convenience, general welfare and good zoning practice support rezoning the property at 446-450 Fourth Avenue from R-3 to C-O-P, subject to the following development standards: a. The two parcels shall be consolidated by either an adjustment plat or parcel map prior to the issuance of a building permit. b. If subterranean parking is utilized, all landscaped areas over the parking shall have a minimum soil depth acceptable to the City's Landscape Architect. c. The primary building height shall not exceed 60 feet. d. A maximum of 20% of required parking may be compact spaces. e. The side yard setback along the northerly property line shall not be less than lO feet. -- f. Freestanding signs shall be limited to monument (ground) signs. g. The rear yard setback shall not be less than 10 feet. 3. Findings in support of applying the "P" Modifying District are as follows: a. The property or area towhich 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 uses which might otherwise prove incompatible. The subject property is adjacent to an R-3 area to the north and existing "P" zoned commercial office zoning to the south. The attachment of the "P" zoning to this parcel represents an exten- sion of the already established "P" District for commercial zoning in this area. The standards established by the "P" District for~ the site will enable the development to be built in a manner -2- compatible with existing commercial construction, b. The basic or underlying 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 "P" District is needed to establish standards giving the develop- ment flexibility to construct a building in keeping with adjacent office structures which were given similar considerations through the precise plan process. 4. The Planning Commission recommends to the City Council that said rezoning to C-O-P be approved. 5. That this resolution be transmitted to the City Council and a copy transmitted to the applicant.. PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this 22nd day of September, 1982 by the following vote, to-wit: AYES: Commissioners O'Neill, R. Johnson, Shipe, Green, Pressutti, and G. Johnson NAYS: None ABSTAIN: Commissioner Cannon Chairman ATTEST: ~~ ~~eta~ G STREET L,:, _ _ _ . ......... I I I I I I I i MF '1'1 V,4¢ I I ' I I I I I " 0 ,~ MF C: !'" ' I ' i MF ;;0 "' _ I _L, , I I ! , MF --I ,~F , _ .L _L ~'CHULA VISTA " :JUNIOR HIGH , ; r ,q-~ ,,o c-o-P}__ t I TF I ~ PROJECT ~!.:~.:~,~. ,.:......==,.:~s.~: · ~' '~'~~~ ] I I ~ AREA s.- ~, ~. · tI · ~ ROOSEVELT ~ PA,qKIN(~ D~,c~'~, ~ I I J I I l .~ Offjoe J I I I I I I :~ TF I I I ~ HOSPITAL NED. OFF/CE'S- L..J._ ~_ --I I I I I ~ /14p --Z' I I I I · r ..... I. PARK/NG s I I aANK * ,~l ~ "H" STREET ! r .... : ... ii !~SH,~ST ~ ~,~K/N,S' / WH/ T T [ .. ~,..~..,; .~,.o,...,.,,, ,,.,,.,, o VANCE CASE NO. PCZ-BS-A I HEREBY CERTIFY THAT THIS ZONING MAP ACREAGE: o.eeac. WAS APP~'ROVED AS A PART OF ORDINANCE 2009 BY THE CITY COUNCIL ON oct 26,1982 D~, _Z DEC I~. 19~2 ~ E 400