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ORDINANCE NO. 3323 OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-13-006 AND AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE A 4.68 ACRE PARCEL LOCATED AT 3875 MAIN STREET FROM LIMITED INDUSTRIAL (ILP) ZONE TO APARTMENT RESIDENTIAL (R3) ZONE (SECOND READING AND ADOPTION)
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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.
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SUMMARY
The Applicant has submitted a Rezone, Design Review, Planned Sign Program, and Variance application in regard to the approval of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space. The 4.68-acre project site located at 3875 Main Street, is west of Otay Valley Road and the I-805 Freeway. The project site is comprised of one parcel located in the urbanized southwestern portion of the City of Chula Vista (see Locator Map, Attachment 1).
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-13-006, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant effects on the environment. However, revisions to the project made or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS-13-006 and associated Mitigation Monitoring and Reporting Program.
BOARD/COMMISSION RECOMMENDATION
The Planning Commission considered the rezone on October 8, 2014 and voted (7-0-0-0) to recommend that the City Council approve the proposed rezone to change the property from a Limited Industrial (ILP) zone to an Apartment Residential (R3) zone.
Pursuant to CVMC Section 19.14.050, when an Applicant applies for more than one permit or other approval for a single development, the applications shall be consolidated for processing and shall be reviewed by a single decision maker or decision-making body. The consolidated application shall be heard by the decision maker or decision-making body associated with the highest level action among the applications to be considered. Since the City Council is required to approve the Rezone application, all other applications shall be reviewed and approved by the City Council which includes the Design Review, Planned Sign Program, and Variance permit.
On March 27, 2014, a neighborhood meeting was held where all commercial/industrial site owners, and residents in attendance, were in favor of the vacant site being developed. According to the residents, homeless people were living on the site and the natural drainage channel was not being maintained and created insect problems. The industrial site owner to the west expressed concerns with noise coming from his operation. Staff noted a 6-ft. solid wall will be placed along the zoning boundary line to buffer the noise for the residents.
DISCUSSION
Project Site Characteristics:
The project is comprised of one vacant parcel located in the urbanized southwestern portion of the City of Chula Vista (Attachment 1-Location Map). The project site is relatively flat and is bisected by a natural drainage channel running northeast to southwest. Adjacent to Main Street, the site has a gradual slope difference of approximately 10-ft. Vehicular access is currently provided from a driveway located on Main Street that is shared with the property located to the south of the site. The parcel is surrounded by residential, commercial, and industrial uses.
General Plan, Zoning and Land Use
The project site is zoned as Limited Industrial (ILP) and has an RH (Residential High) General Plan land use designation. The following table specifies the existing land uses surrounding the parcel:
General Plan Zoning Current Land Use
Site: Residential High Limited Industrial (ILP)* Vacant
North: Limited Industrial Limited Industrial (IL) Industrial
South: Limited Industrial Limited Industrial (ILP) Self Storage
East: Residential Low Medium Single-Family Res. (R15P) Single-Family Homes
West: Limited Industrial Limited Industrial (ILP) Industrial
* City Council approval required for zone change from Limited Industrial (ILP) to Apartment Residential (R3).
Project Description
Rezone
The Rezone proposes to change the zoning designation on the parcel from Limited Industrial (ILP) to Apartment Residential (R3) consistent with the General Plan. The proposed R-3 zone would then allow a 97 unit apartment complex through the issuance of a separate Design Review Permit.
Design Review
The overall proposal consists of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space. The proposal includes three (3) building plan types ranging from 5-unit to 20-unit buildings. The buildings will be three-story with a maximum height of 42-ft. The recreation building is two stories with two (2) residential units on the second floor with a maximum height of 30-ft. Pursuant to CVMC Section 19.28.060, the additional height above 28-ft. must be approved by the City Council. The floor plans, consisting of 63-one bedroom units, 34-two bedroom units, are sized at approximately 700 square-feet to 950 square-feet for each unit. The proposed floor plans for all units include a living room, kitchen, study, bedroom, and deck. Some units will have carports that are adjacent to the first floor units. Spanish style architecture incorporates three color schemes with materials such as light to dark colored stucco, tiled roofs, cultured stone, decorative metal railing & accents, decorative shutters, covered patios, and arched openings. Required parking is provided onsite with 58 carports and 123 open parking spaces.
Onsite amenities include several open space areas throughout the project site consisting of a passive open space area in between buildings and along the existing channel, BBQ areas, children's garden area with play equipment, and a recreation building with a pool. There are several vehicle and pedestrian accesses on and off the site. Vehicles can access the site through two driveways, both along Main Street. A pedestrian ramp is provided off of Main Street and a pedestrian bridge connects residential Building No. 6 with the rest of the site, as well as providing access to the children's garden area along the western property line.
Compliance with Development Standards
The following Project Data Table shows the development regulations along with the applicant's proposal to meet said requirements:
Assessor's Parcel Number: |
629-130-22-00 |
Current Zoning: |
Limited Industrial, ILP |
General Plan Designation: |
Residential High |
Lot Area: |
4.68 acres |
PARKING REQUIRED: Parking spaces, broken down as follows: 1.5 spaces for one bedroom units (63 units x 1.5= 95) 2.0 spaces for two bedroom units (34 units x 2.0=68 spaces) Total: 163 parking spaces |
PARKING PROPOSED: Carports = 58 spaces Covered (Solar Shade Structure)=67 spaces Open parking (regular spaces) = 49 spaces Compact= 2 spaces Disabled= 5 spaces Total: 181 parking spaces |
Setbacks/height REQUIRED: Front: 15 feet Sides: 5 feet Rear: 20 feet Height: 28/45 feet* |
SETBACKS/HEIGHT PROPOSED: 25 feet 24 & 64 feet 53 feet 30 feet (recreation bldg.) 42 feet (res. bldg.)* |
* Principal buildings up to three and one half stories or 45 feet may be approved by the City Council; provided, it is found that the height, bulk, mass and proportion of all structures are compatible with the site, as well as in scale with structures on adjoining and surrounding properties in the area.
Planned Sign Program
The Planned Sign Program proposal is to allow an increase in signage to the front entrance monument sign along Main Street beyond what is allowed per Chula Vista Municipal Code Section (CVMC) 19.60.410. The monument sign is proposed to be a total of 36 square-feet, whereas the CVMC allows a maximum sign area of 12 square-feet and an additional 2 square-feet for vacancy status. Per CVMC Section 19.60.050J, the City Council may modify the rules as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of the sign.
Variance
The Variance proposes to deviate from the maximum 3 1/2-ft. wall height in the front setback along Main Street to allow a 6-ft. tubular steel fence to enclose the swimming pool/recreation area.
ANALYSIS
Rezone:
The proposed use is located in a Limited Industrial (ILP) zone with a General Plan designation of Residential High. The Limited Industrial (ILP) zone does not allow for a 97 unit apartment complex, however, the Apartment Residential (R3) zone would allow a 97 unit apartment complex to be approved through a Design Review Permit. In addition to the Rezone and Design Review permit, the City Council is also being asked to consider a Planned Sign Program and Variance application associated with this project.
In the 2005 General Plan Update, the City Council approved the General Plan designation change from Limited Industrial (IL) to Residential High (RH), in expectation of the property owners pursuing a future rezone and building a multi-family product on this site.
The General Plan designation of Residential High allows 18-27 dwelling units per acre, for which the R3 zone is appropriate for this type of use. Therefore, the proposed zoning designation of R3 is consistent with the General Plan.
Conformance with Chapter 19.80 (Controlled Residential Development) of the Chula Vista Municipal Code
Chapter 19.80 of the Chula Vista Municipal Code requires that the following be analyzed when a property is rezoned:
19.80.070 Chula Vista Zoning Code Modification
A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule:
A Agricultural Zone
RE. Residential Estates Zones
R-1 Single Family Residential
R-2 One and Two-Family Residential Zone
R-3 Apartment Residential Zone
The property is being rezoned from an industrial zone to a residential zone. The above provision addresses property that is being rezoned from residential to residential; therefore, this provision is not applicable.
B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance.
This proposal does not involve the annexation of any lands.
C. After property is annexed by the City, the prezoning approved for the subject property cannot be amended or changed in any way for a two year period. The provision shall apply only to prezones approved after the effective date of this ordinance.
This proposal does not involve the annexation of any lands.
D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial.
The subject properties are currently designated ILP. The first sentence of the above language is what applies to this proposed rezone from an industrial to a residential category. The rezone of the property will only be rezoned to the maximum residential density, which is R-3, which complies with the Chula Vista Municipal Code Section 19.80.070D.
Pursuant to the SANDAG Trip Generation Guidelines, the 4.68 acre site could generate up to 936 average daily trips (ADT's) under the existing Limited Industrial (IL) zoning. A total of 758 trips could be generated under the Apartment Residential (R3) zoning. Therefore, the multi-family residential use will generate fewer trips than an industrial or commercial use, and the rezone is thereby consistent with Chula Vista Municipal Code section 19.80.
The requested rezone requires City Council approval following a recommendation by the Planning Commission. On October 8, 2014 the Planning Commission voted in favor of the Rezone and recommended the City Council approve the Ordinance.
Design Review
Compliance with Chula Vista Design Manual- Multi-Family
Building, Facade and Roof Articulation
Heights and setbacks within the same building should be varied, and wall planes should be staggered both horizontally and vertically in order to create pockets of light and shadow and provide visual relief from monotonous, uninterrupted expanses of wall (CVDM p. IV-9).
The exterior of the building would create both vertical and horizontal enhanced features to avoid monotonous building facades. The proposed building is a two and three-story stucco building with a variety of roof levels and different roof sloped angles. Various roof pop-outs and angles are provided along the building to create visual interest. A tower and arched openings are provided at the front entrance to the buildings. Arched openings are also provided off of balconies. Some of the upper floor windows are provided with canopies. The recreation center has arched columns along the walkway to the outdoor California Room, balconies, different wall planes, and an oversized chimney to provide visual interest.
Materials/Colors
Colors should be used to articulate entries or other architectural features. Variations in shade and tone can be used to enhance form and heighten interest. (CVDM p. IV-10)
The building elevations consist of several design features to enhance the form and heighten interest. The buildings consist of three different color schemes with two colors for each building such as, "hymnos" and "wood ash," "heavy duty" and amber brew" and "Tia Maria" and "Rosemond" colors. A color and materials board will be available for City Council review at the hearing. The secondary stucco color will be used at building pop-outs, above the carport areas, and the trim around the windows will provide contrast. The roof consists of an "S" shape roof tile with three different colors, "Capistrano-tuscon blend," "Capistrano-walnut creek blend" and Capistrano-adobe blend." The buildings will be provided with wood accent with a "chocolate brownie" color, metal accents painted a "replanted" color, and door accent with a "Bruno" color. Other materials consist of wood shutters and three different types of cultured stone, "spring-stream stone," summer-stream stone" and "earth blend-river rock" at the base of the residential building and on the tower feature to accentuate the front entrance to the building. A decorative wrought iron design is placed on the ornamental wrought iron railing and tower feature.
The recreation area uses the cultured stone along the first floor building wall and on the chimney. Columns, arched openings, a decorative wrought iron design on the balcony railings and enclosing a portion of the California Room are also provided. Recessed windows with built up sill along with different sizes and shapes of windows are provided.
Landscaping
All areas not covered by structures, drives, parking or hardscape should be appropriately and professionally landscaped. Landscaping should generally constitute no less than 15 percent of the gross site area
(CVDM p. II-27).
The proposed landscaping will consist of street trees, shrubs and ground cover to enhance the front of the site, planters in between the garages, and within the open space area such as the BBQ picnic area. Several trees and shrubs have been added adjacent to the recreation building to enhance the outdoor portion of the area such as the California Room, fireplace and seating area, BBQ, and pool. Enhanced pavement will be provided at the front entrance driveway leading to the recreation center. A pedestrian trellis is provided at the entrance to the pedestrian paseo that connects to the main pedestrian walkway through the project site. Along this path enhanced paving is provided across the driveway, and access is provided to the main passive open space area and gathering space with BBQ and seating overlooking the existing channel. A children's garden area is provided with a wooden bridge, bench swing and items for the children to play with such as a log crawl, chalk board panel, sundial, gazing ball, and varied height log steppers. The landscaping along the existing channel on the Applicant's property has been enhanced to take advantage of the existing waterway scenery. Landscaping would cover 52 percent of the site, which meets the guidelines of the Chula Vista Landscape Manual. The City's Landscape Planner recommends approval of the conceptual landscape plan. The Applicant will be required to submit a construction landscape plan prior to the building permit approval.
Trash Enclosures & Recycling
Plans and specifications should be reviewed with the City's Conservation Coordinator in order to ensure compatibility with current refuse and recycling collection practices and to ensure compliance with applicable waste management requirements (CVDM p. IV-7).
The City's Conservation Coordinator recommends approval of the location and size of the trash enclosures and has found them to be sufficient for the proposed use. Prior to the approval of a building permit, the Applicant will be required to submit an acceptable Recycling and Solid Waste Management Plan to the satisfaction of the City's Conservation Coordinator.
Height
Per Chula Vista Municipal Code (CVMC) Section 19.28.060, no principal building shall exceed either two and one-half stories or 28-feet in height. However, per CVMC Section 19.28.060A.2 principal buildings up to three and one half stories or 45 feet may be approved by the City Council; provided, it is found that the height, bulk, mass and proportion of all structures are compatible with the site, as well as in scale with structures on adjoining and surrounding properties in the area.
The surrounding area consists of one-story industrial buildings to the north and west, a two-story commercial building to the south and one-story residential homes to the east. The proposed buildings are located a significant distance away from the adjacent buildings. For example, the closest structures are the single-family homes with an approximate distance of 64-ft. away from the home's rear property line. Within this area there is an existing driveway easement, parking spaces, and landscaping in front of the proposed buildings. It is not uncommon to have a three-story structure in the R3 zone. Therefore, the additional height due to the location of the proposed buildings is found to be in scale with the surrounding properties in the area.
Parking
CVMC Section 19.62.050 requires 1.5 spaces for one bedroom units and 2.0 spaces for two bedroom units. Therefore, the required parking is 163 spaces. There are 58 carports spaces on the first floor of the residential buildings, 67 covered spaces with a solar shade structure, 49 open spaces, 2 compacts spaces, and 5 disabled spaces for a total of 181 parking spaces. The project exceeds the required parking by eighteen parking spaces.
Planned Sign Program
CVMC Section 19.60.410 requires a maximum residential sign area of 12 square-feet with an additional 2 square-feet that can be added for vacancy status. The proposed sign has a total of 36 square-feet, which exceeds the maximum limit. The Applicant is proposing the larger sign due to the location and visibility of the sign from Main Street.
The Landscape Architecture Division is currently discussing the City's future street improvements along Main Street in regards to the widening or decreasing in width of Main Street, and any landscaping to be placed along the street edge. Since this plan is not in place yet, nor approved, the Land Development Division has requested a 24-ft. street dedication for possible future widening. With the property line moving back 24-ft., the monument sign would not be visible from Main Street. Therefore, the Applicant proposes to place the monument sign within the new right-of-way, adjacent to the main entrance, so the sign would be more visible along Main Street. An Encroachment permit will be required by the City to place the sign within the right-of-way.
The sign will also be increased to 36 square feet to assist in the visibility of the sign. The maximum speed limit for vehicles along Main Street is 40 mph. With the increase speed volume along Main Street, compared to other streets within the area of 25 or 35 mph, and the location of where the sign will be placed, the Applicant expressed concerns with visibility of the sign to motorists.
Once the City's street improvements are completed along Main Street, the sign will be moved to a permanent location, at the new property line, 24-ft. back as shown on the Project plans, Attachment 9.
Per CVMC Section 19.60.050J, the City Council may modify the rules as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of the sign. With the constraints to the location of the sign and current conditions of Main Street, Staff feels the total square footage of the sign is appropriate for this site. The monument sign is a total height of 5-ft. and has decorative elements around the sign such as boulders, stone pilasters, and heavy timber railing to match the pedestrian bridge on the site. The colors and materials of the sign match the proposed buildings. The proposed sign will complement the buildings architecture and ties into the design features of the site.
Variance
Per CVMC Section 19.14.190A-D, the City Council may grant a variance in accordance with the variance findings, including establishing a hardship particular to the property that exists on the site and was not created by any act of the owner.
One of the onsite amenities includes a recreation building with a pool that is located at the project's main entrance off of Main Street. Adjacent to Main Street, the site has a gradual slope difference of approximately 10-ft. Adjacent to this slope is an outdoor "California Room" with a fireplace, seating, BBQ area, built in benches with a fire table, that is adjacent to the recreation building. In proximately to these amenities is the pool, which has to be fully enclosed with a fence per the Building Code requirements for safety reasons. The Applicant proposed to place a 6-ft. tubular steel fence partially down a 2:1 slope within the front yard setback area, above the recreation area. The fence will not be visible from any adjoining properties along Main Street. In addition, it will be partially screened by a monument sign and landscaping.
DECISION-MAKER CONFLICT
No Property within 500 feet
Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Project implements the City's Strategy 2.1, which provides policies, planning, infrastructure, and services that are fundamental to an economically strong, vibrant city. Furthermore, it implements the City Initiative 2.1.2; Foster Opportunities for Investment in Western Chula Vista, by developing a vacant site with the proposed development of a multi-family project.
CURRENT YEAR FISCAL IMPACT
The application fees and processing cost are paid for by the Applicant. There is no impact to the General Fund.
ONGOING FISCAL IMPACT
Not Applicable.
ATTACHMENTS
1. Locator Map
2. Planning Commission Resolution, PCZ-13-01
3. City Council Ordinance, PCZ-13-01
4. City Council Resolution, DRC-13-33
5. City Council Resolution, PSP-14-04
6. City Council Resolution, ZAV-14-02
7. Mitigation Negative Declaration
8. Disclosure Statement
9. Project Plans
Staff Contact: Caroline Young