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Home My WebLink About2010/08/17 Item 1 , , SECOND READING AND ADOPTION ORDINANCE NO. :' ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE ONE 4.35 ACRE PARCEL LOCATED AT 701 D STREET FROM MHP (EXCLUSIVE MOBfLEHOME PARK) ZONE TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN) ZONE i i: , " I' , ,. , WHEREAS, an application to amend the Zoning l'vlap was made by SKK Realty, LLC ("Applicant") and tiled with the City ofChula Vista Development Services Department on June 9, 2008; and I' , I I :. WHEREAS, the subject matter of this 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 depicted on Attachment A; and WHEREAS, the 2005 General Plan designates the site as RH and the proposed zoning is consistent with the General Plan and is an implementing zone for this General Plan designation; and I I' i, !: ! WHEREAS, the applicant proposes to rezone the 4.35 acre property located at 701 D Street ("Project Site") from the MHP (Exclusive Mobilehome Park) Zone to the R-3-P (Multi Family Residential, Precise Plan) Zone, establishing a Precise Plan Modifying District, ("Project"); and i' I WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act ("CEQA") and has determined that since the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR 05-01, no further environmental review or documentation is necessary; and I , 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 June 24, 2009, in the Council Chambers located at 276 Fourth Avenue; and I: I' I: WHEREAS, a Cit) Council hearing on the project was noticed for July 14,2009, and at the request of staff~.vas continued to a date uncertain; and , , WHEREAS, the applicant requested that further action on the application be placed on hold until a later date; and 1-1 - Ordinance No. Page 2 WHEREAS, on or about June 6, 2010, Applicant requested thai the matter be movcd forward to a hearing before the City Council for decision; and \VHEREAS, the City Clerk set the time and place for a hearing on said zone change (PCZ- 08-04) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and the notice was mailed to property owners within 500 feet of the 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 4:00 p.m. on Jnly 27, 2010, in the Council Chambers located at 276 Fonrth Avenue, and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista uoes hereby ordain as follows: l. FINDINGS FOR AFPROV AL OF REZONE AND PRECISE PLAN MODIFYING DISTRICT. Pursnant to Section 19.56.041 of the Chula Vista Municipal Code, the City Conncil ofthe City of Chula Vista finds that th~ following circumstances are evident, which allows the application of the "P" Precisc Plan Modifying District to the project site. 1. THE SUBEJCT PROPERTY, OR THE NEIGHBORHOOD OR AREA IN WHTCH THE PROPERTY IS LOCATED, IS UNIQUE BY VIRTUE Of TOPOGRAPHY, GEOGRAPHICAL CHARACTERISTICS, ACCESS. CONFIGURATION, TRAFFIC CIRCULATION OR SOME SOCIAL OR HJSTORlCAL SITUATION REQUIRING SPECIAL HANDLING OF THE DEVELOPMENT ON A PRECISE PLAN BASIS. The City Councillinds that the proposed P-modifier will provide necessary safeguards so that at the time of future development ofthe site, consideration will be made of the unique characteristics of the site as well as its location and surroundings. Currently, the subject property is only accessible from two sides of the subject property, tram Woodlawn Avenue and 0 Street. Due to proximity to the San Diego Trolley line/Interstate 5 fre~way to the west and existing development to the north, it would not be feasible to construct either public or private streets along these boundaries. Such limited access may pose some \U1ique and significant challenges as far.as routine ingress and egress. emergency accesS and general traffic circulation. Additionally, this could result in the bulk of housing having to be located within the eastem and southem portions of the site. Thc P modifier would allow tlexibility in the future to make modifications to development standards such as building setbacks in order to accommodate future on-site development proposals. Because no actual development is planned in conjunction with this rezone request, no actual precise plan guidelines are being requested at this time. i'i I I 1-2 _. . .~_,.,,__~7_~.~.~, Ordinance No. Page 3 2. THE PROPERTY OR AREA TO WHICH THE P MODlFYING" DISTRICT IS APPLIED IS IN AN AREA ADJACENT AND CONTIGUOUS TO A ZONE ALLOWING DIFFERENT LAND USES, AND THE DEVELOP1\'IENT OF A PRECISE PLAN WILL ALLOW THE AREA SO DESIGNATED TO COEXIST BETWEEN LAND USAGES WHICH MIGHT OTHERWISE PROVE INCOlvIPATIBLE. The proposcd P-modifier will allow future development of the site to achieve greater compatibility with the existing sun'ounding land uses. Directly north ofthe project site, the land which is zoned R-3 ("Apartment Residential Zone") is developed primarily with apartments and other multi-family structures. To the east, although also desigmted R-3, contains a mixture ofboth single and multi-family development. To the south of the project site, the land, which is zoned MHP (Exclusive Mobilehome Park), is fullv developed as an 85 unit mobilehome park. To the west of the project site, the land contains certain road improvt:ments serving Interstate 5 and the right of way for the San Diego Trolley line. [n light of the diversity of e~dsting land uses surrounding the project site, staff believes that the application of the P-moditier to the project site will allow greater design control over the eventual development of the project site to insure eompatiblity with the existing uses surrounding the project site. Due to the proximity ofInterstate 5 to the west of the project site and associated noise and air quality concerns, it may be beneficial to dcsign a future project in such away that it is primarily oriented away fro111 the freeway. , I' I: I! I: 3. THE BASIC OR UNDERLYING ZONE REGULATIONS DO NOT ALLOW THE PROPERTY OWNER AND/OR THE CITY APPROPRIATE CONTROL OR FLEXIBILITY NEEDED TO ACHIEVE AN EFF1CIENT AND PROPER RELATIONSHIP AMONG THE USES ALLOWED IN THE ADJACENT ZONES. I \ The existing development standards under the R-3 ("Apartment Residential Zone") may be insufficient with rcspect to providing the City with the "appropriate control orjlexibility needed to achieve un efficient and proper relationship l1mong thl! llses al!o"~'ed in the adjacenr zones. " Application ofa Precise Plan Modifying District can provide flexibility in setback requirements. This would allow for a development to achieve a greater separatiol1 from the Interstate 5 freeway to the west without reducing the overall amount of density which may be achieved. In this regard, it would help achieve the Chula Vista General Plan goal of providing higher density residential development in proximity to existing transit facilities. Specitically, policy LUT 1.8 is to pursue higher density residential categories that are not'being met within the City. In addition, it would allow for additional design restrictions which will result in a better site design and layouL 1-3 _.,_ ,__'__._._rf".:~ Ordinance No. Page 4 II. ACTION This Ordinance hereby amends the Zoning Map, re-zoning the 4.35 acre Project site located at 701 D Street from MHP (Exclusive Mobilehome Park) Zone to the R-3-P (Apartment Residential, Precise Plan) zone, and establishes a Precise Plan ModifYing District based on the tindings 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. HI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Gary Halbert, PE, AICP Assistant City Manager! Development Services Director 1-4 i I II I Ii :i , I: II I I: I II '. I ~ ! Ii Ii I 'I I' I II I I I _. -.;;