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HomeMy WebLinkAboutReso 2010-209RESOLUTION NO. 2010-209 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT APPLICANT HAS COMPLIED WITH REQUIRED PROVISIONS OF LUT SECTION 7.17 OF THE CHULA VISTA GENERAL PLAN REGARDING AN APPLICATION TO REZONE PROPERTY CURRENTLY DESIGNATED MHP (EXCLUSIVE MOBILEHOME PARK) ZONE WHEREAS, the subject matter of this Resolution is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code. The area of the Zoning Map to be used as the project azea 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 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 (Apartment- Residential, Precise Plan) Zone, establishing a Precise Plan Modifying District, (Project); and WHEREAS, the General Plan requires that prior to rezoning any property within the Mobilehome Overlay District, specific findings must be made to insure that analysis and planning on the affects of closure of existing mobilehome residents has been conducted; 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, 276 Fourth Avenue; and WHEREAS, a City Council hearing on the project was noticed for July 14, 2009, and 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, the Applicant requested that the matter be moved forward to a hearing before the City Council for a decision; and Resolution No. 2010-209 Page 2 WHEREAS, the City Clerk set the time and place for a hearing on said zone change (PCZ-08-04) and notice of said heazing 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 boundazies of the Project site at least ten days prior to the hearing; and WHEREAS, the heazing was held at the time and place as advertised, namely 4:00 p.m. on August 10, 2010, in the Council Chambers located at 276 Fourth Avenue, and said heazing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the following findings have been made: THAT THE PROPOSED CHANGE IN USE AND/OR REZONING WILL NOT ADVERSELY AFFECT ATTAINMENT OF THE CITY'S GOAL TO PROVIDE A VARIETY OF HOUSING OPTIONS WITHIN THE CITY. The proposed change in use/rezone will not adversely affect the City's housing goals since the project site is currently vacant and, therefore, does not currently contribute any units towazds the housing stock. Since the development of the Jade Bay Mobile Lodge there has been a greater diversity of housing types developed for a variety of income limits within Chula Vista, offering more varied housing options. Rezoning of the property to allow for multi-family development will help achieve the City's goal of achieving a vaziety of housing types. This will help achieve the goal of General Plan Policy LUT 1.9, which is to provide opportunities for development of housing that respond to diverse community needs in terms of density, size, location and cost. Multi- family allows for either rental or condominium units to be developed on the site. Typically, the rents or sales prices for these units would be lower than that of a single- family dwelling. The City's General Plan land use designation for this site is currently High Density Residential so that the rezoning would result in the existing zoning to be brought into greater conformance with the General Plan. Further, this would help achieve the City's General Plan policy of achieving a vaziety of housing options. Policy LUT 1.19 requires that land use intensities be evaluated in conjunction with any zone change and/or General Plan Amendment to permit density or modify intensity. Factors to be considered include, but aze not limited to, the maximum intensity allowed for the applicable land use designation in the General Plan, traffic circulation patterns, environmental constraints, and compatibility with surrounding land uses. The requested rezone to R-3 is the most consistent zone with the existing RH designation of the General Plan. THE PROPOSED CHANGE OF USE AND/OR REZONING IS SUPPORTED BY SOUND PLANNING PRINCIPLES, AND HIGHER DENSITY, AFFORDABLE REPLACEMENT HOUSING WITHIN THE CITY WILL REMAIN IN SUFFICIENT SUPPLY. Resolution No. 2010-209 Page 3 The General Plan designation for the project site is RH that allows for multi-family development at a density range of 18-27 dwelling units per acre, a higher density than is typical for a mobilehome park type development. Thus, the proposed change to R-3 zoning is consistent with the City's desire for higher density development in the azea. Any future development will be required to comply with the City's Balanced Communities ("Inclusionary") Housing Element Policy for affordable housing. As stated in General Plan Policy H5.1, newly constructed residential development projects containing 50 or more units, shall include a minimum of 10% as affordable housing. Since the proposed zoning will allow for multi-family housing consistent with the high density designation of the General Plan, it will provide for more affordable housing units than other types of residential development. Future development of the site will provide housing opportunities to many in the form of affordable rental or ownership units due to the inclusionazy policy mentioned above. THAT THE PROPOSED CHANGE OF USE/AND OR REZONING WILL NOT RESULT IN SEVERE OR UNDUE HARDSHIP ON ANY AFFECTED MOBILEHOME RESIDENT. There will be no undue hardship on "affected mobilehome residents" as there are currently no mobilehome home park residents to be "affected" by the rezone. All of the residents agreed to vacate the pazk, signed contracts agreeing to accept the relocation benefits under the confirmed Chapter 11 plan as full settlement of any and all claims they had or may have in the future for relocation benefits, and subsequently moved out of the mobile home park over three years ago. Additionally, the applicant has indicated that the previous tenant, Jade Bay, provided assistance above and beyond that required by the court. As the site is currently vacant, no residents will be affected by, nor suffer "severe or undue hazdship" from the rezone; thus, this condition has been met. THAT THE PROPERTY OWNER AND/OR PROJECT PROPONENT PLAN COMPLIES WITH APPLICABLE CITY AND STATE MOBILE HOME PARK CONVERSION AND RELOCATION REGULATIONS. The State mobile home park regulations addressing closure and rezone are expressly inapplicable in situations where the pazk operator is adjudicated bankrupt. Though such regulations aze not applicable, the Federal Bankruptcy Court did ensure that the tenants received relocation benefits and that the park was closed in accordance with City of Chula Vista regulations to the extent possible. The tenants also agreed to sign a contract accepting the benefits as complete satisfaction of any claims they might have under state or local law. All residents did so. Most importantly, the requirement of a plan is only applicable in situations where there is an existing mobilehome pazk with residents. The site is currently vacant and no residents live on the site; therefore, this finding that the property owner and/or project proponent complies with applicable city and state mobile home park regulations has been met. Resolution No. 2010-209 Page 4 THAT PRIOR TO THE COMMENCEMENT OF ANY CLOSURE OF THE MOBILEHOME DEVELOPMENT, THAT THE PROPERTY OWNER(S) WILL PREPARE AND ENSURE CONFORMANCE OF A DETAILED CLOSURE AND RELOCATION PLAN CONSISTENT WITH THE REQUIREMENTS OF CVMC SECTION 9.40 AND APPLICABLE STATE REGULATIONS, AND TO THE SATISFACTION OF DIRECTOR OF DEVELOPMENT SERVICES. The specific requirement to prepaze and ensure conformance of a detailed closure and relocation plan "prior to the commencement of any closure' is not applicable under the existing circumstances as the property owners aze not requesting the closure of the Jade Bay Mobile Lodge. The park was closed previously through the federal bankruptcy proceedings. In addition, there aze no residents currently residing in the pazk; thus, there aze no individuals to relocate or to which benefits would be due through this action. This finding is, therefore, inapplicable. Presented by Gary H"alberj/p.E., AICP ` Assistant C Manager/Director of Development Services Approved as to form by Resolution No. 2010-209 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of August 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, ay r ATTEST: Donna R. Norris, C C, City 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 Resolution No. 2010-209 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of August 2010. Executed this 10th day of August 2010. CA,~~/V ~ ~t~ Donna R. Norns, CMC, City Clerk ~~~~~~p~~@,~ Resolution No. 2010-209 Page 6