HomeMy WebLinkAboutAgenda Statement 1976/09/07 Item 09CITY OF CHULA VISTA ITEM N0. y
COUNCIL AGENDA STATEMENT FOR MEETING OF:9/7/76
ITEM TITLE: gesolution 3~ Granting Appeal of Joseph Bush from Certain
Terms and and bons Attached to Planning Commission Variance
PCV-75-13
SUBMITTED BY City Attorney
ITEM EXPLANATION
The attached resolution is required to set forth terms and conditions
of the City Council's granting of an appeal from conditions affixed
to Mr. Bush's Variance request, PCV-75-13.
EXHIt31 1 5 1-11 I At;HtU
Agreement Resolution X Ordinance Plot Other
Environmental Document; Attached Submitted on
STAFF RECOMMENDATION: Approval of Resolution
BOARD/ COMMISSION RECOMMENDATION
COUNCIL ACTION
Form A-113 (Rev 5-75)
VARIANCE RESOLUTION tJO. PCV-75-13
RESOLUTION OP THE CITY PLANNING COMMISSION
GRANTING A ZONE VARIANCE
WHEREAS, Joseph Bush and Michael Bush, owners of a 20,000 sq. ft. parcel
located at the northeast corner of E Street and Toyon, more fully described
in the application for zone variance which has been filed on said property
for reduction of lot frontage from 60 feet to 24 feet on one lot and average
lot depth from 110 feet to 72.5 feet fora second lot to be created by dividing
the property into two parcels, and
WHEREAS, the City Planning Cormni ss ion has duly scheduled the same for
hearing and the same came on regularly for hearing and the hearing was closed,
and evidence having been presented to the Planning Commission concerning granting
or denying of said variance, and
WHEREAS, the Commission finds that in accordance with the Negative Declara-
tion on IS-75-55 this project would not have any possible significant impact
on the environment, and certifies that the Negative Declaration was prepared in
conformance with CEQA, 1970, as amended.
NOW THEREFORE, the City Planning Commission of the City of Chula Vista
does hereby find as follows:
a. That a hardship peculiar to the property and not created by any act of the
owner exists.
The shape and topography of this property are the result of the realignment
of "E" Street in 1963, which rendered the property extremely difficult to
develop in a reasonable manner under the standard zoning ordinance require-
ments.
b. That such variance is necessary for the preservation and enjoyment of sub- -
stantial property rights possessed by other properties in the same zoning district
and in the same vicinity, and that a variance would not constitute a special
privilege of the recipient not enjoyed by his neighbors.
A 0.9 acre parcel which did not have the unique problems of this property
could be subdivided into approximately 4 lots in the R-1 zone. This
property, with a variance, can accommodate only two lots, thereby partially
securing equal property rights with other owners of R-1 land in this area.
c. That the authorizing of such variance will not be of substantial detriment to
adjacent property, and will not materially impair the purposes of the Code or the
public interest.
The addition of two single family homes to this R-1 area will be compatible
with, and of. no detriment to, existing homes. This vacant property, now
within an urbanized area of the City, would be improved with landscaping
and street improvements would be installed.
q noise analysis conducted for the property indicates that the maximum
noise level from E Street of 63 dBA will not adversely affect future
residents of these two homes, which would be built 16'-ZO' above and 40 "_
away from the nearest travel lane.
d. the authorizing of such variance will not adversely affect the General Plan
of the City of Chula Vista or the adopted plan of any governmental agency.
The creation of two lots in this area conforms to the R-1 zone and is
consistent with the land use element of the General Plan, which designates
the area as "Medium Density Residential 4-12 DU/Acre." The proposal also
complies with the policies of the Noise Element and the Scenic Highways
Element.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY PLANNING COF4IISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA:
That a variance is granted to Joseph Bush and Michael Bush to allow reduction of
lot frontage from 60 feet to 24 feet on one lot and average lot depth from
110 feet to 72.5 feet fora second lot, created by dividinn a 20,000 sq. ft.
parcel at the northeast corner of E Street and ToyonLane, subject to the i
following conditions:
1. A parcel map shall be filed to create the two lots. The map shall
include the entire existing parcel, 225 acres of which is north of E
Street.
2. Access to the lots shall be from Toyon Lane. No access shall be
allowed from E Street.
3. Public improvements will be required in conjunction with the parcel
map.
4. Public se~aer is available at the intersection of Toyon Lane and E
Street. This sewer shall be extended to serve these lots.
5. A grading permit shall be obtained if more than 250 cu. yds. of
earthwork is contemplated.
6. Landscaping to the top of slope shall be coordinated with existing
slope planting.
This variance shall become ineffective and void if if the same is not utilized
within one year from the date of this resolution in accordance with Zoning
Section 19.14.260 of the Municipal Code.
This variance shall become ineffective and void if the same is not utilized
within one year from the date of this resolution in accordance with Zoning
Section 19.14.260 of the Municipal Code
PASSEO and APPROVED by the CITY PLANNING COMMISSION of CHULA VISTA, CALIFORNIA
this 10th day of September, 7975 by the following vote, to-wit:
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AYES: Commissioners Starr, Rudolph, Floto, Chandler, Pressutti and Smith
NOES: None
~~z~ ~ =S . ~~I-uya-~-~_~
~~" Chairman
ATTEST:
-~ Secretary