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HomeMy WebLinkAboutOrd 2010-3162ORDINANCE NO. 3162 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE A 4.35 ACRE PARCEL LOCATED AT 701 D STREET FROM MHP (EXCLUSIVE MOBILEHOME PARK) ZONE TO R- 3-P (APARTMENT RESIDENTIAL, PRECISE PLAN) ZONE 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, an application to amend the Zoning Map was made by SKK Realty, LLC (Applicant) and filed with the City of Chula Vista Development Services Department on June 9, 2008; 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 WHEREAS, the applicant proposes to rezone the 4.35 acre property located at 701 D Street (Project Site) from the MHP (Exclusive Mobilehome Pazk) Zone to the R-3-P (Multi Family Residential, Precise Plan) Zone, establishing a Precise Plan Modifying District, (Project); and 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 OS-O1, no further environmental review or documentation is necessary; 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 June 24, 2009, in the Council Chambers located at 276 Fourth Avenue; and WHEREAS, a City Council hearing on the project was noticed for July 14, 2009, and at the request of staff was 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 WHEREAS, on or about June 6, 2010, Applicant requested that the matter be moved forwazd to a heazing before the City Council for decision; and WHEREAS, 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 Ordinance No. 3162 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m. on July 27, 2010, in the Council Chambers located at 276 Fourth Avenue, and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: I. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN MODIFYING DISTRICT. 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 aze evident, which allows the application of the "P" Precise Plan Modifying District to the project site. THE SUBJECT PROPERTY, OR THE NEIGHBORHOOD OR AREA IN WHICH THE PROPERTY IS LOCATED, IS UNIQUE BY VIRTUE OF TOPOGRAPHY, GEOGRAPHICAL CHARACTERISTICS, ACCESS, CONFIGURATION, TRAFFIC CIRCULATION OR SOME SOCIAL OR HISTORICAL SITUATION REQUIRING SPECIAL HANDLING OF THE DEVELOPMENT ON A PRECISE PLAN BASIS. The City Council finds that the proposed P-modifier will provide necessary safeguazds so that at the time of future development of the site, consideration will be made of the unique chazacteristics of the site as well as its location and sun•oundings. Cun•ently, the subject property is only accessible from two sides of the subject property, from Woodlawn Avenue and D Street. Due to proximity to the San Diego Trolley line/Interstate 5 freeway 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 unique and significant challenges as faz as routine ingress and egress, emergency access and general traffic circulation. Additionally, this could result in the bulk ofhousing having to be located within the eastern and southern portions of the site. The P modifier would allow flexibility 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 aze being requested at this time. 2. THE PROPERTY OR AREA TO WHICH THE PMODIFYING- DISTRICT IS APPLIED IS IN 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 P-modifier will allow future development of the site to achieve greater compatibility with the existing surrounding land uses. Directly north of the 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 designated R-3, Ordinance No. 3162 Page 3 contains a mixture of both single and multi-family development. To the south ofthe project site, the land, which is zoned MHP (Exclusive Mobilehome Park), is firlly developed as an 85 unit mobilehome park. To the west of the project site, the land contains certain road improvements serving Interstate 5 and the right of way for the San Diego Trolley line. In light of the diversity of existing land uses surrounding the project site, staff believes that the application of the P-modifier to the project site will allow greater design control over the eventual development of the project site to insure compatiblity with the existing uses surrounding the project site. Due to the proximity of Interstate 5 to the west of the project site and associated noise and air quality concerns, it may be beneficial to design a future project in such away that it is primazily oriented away from the freeway. 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 EFFICIENT AND PROPER RELATIONSHIP AMONG THE USES ALLOWED IN THE ADJACENT ZONES. The existing development standards under the R-3 ("Apartment Residential Zone") may be insufficient with respect to providing the City with the "appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. " Application of a Precise Plan Modifying District can provide flexibility in setback requirements. This would allow for a development to achieve a greater separation 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. Specifically, 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 layout. 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 findings that it is consistent with the City of Chula Vista General Plan, and all other applicable Plans, and that the public necessity, convenience, general welfaze and good planning and zoning practice support their approval and implementation. III. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Ordinance No. 3162 Page 4 Presented by Approved as to form by PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of August 2010, by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Coy ay r ATTEST: ~~,~~ Donna R. Noms, C, qty Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3162 had its first reading at a regular meeting held on the 10th day of August 2010 and its second reading and adoption at a regular meeting of said City Council held on the 17th day of August; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 17th day of August 2010. Donna R. Norris, CMC, City Clerk Development Services Ordinance No. 3162 Page 5