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HomeMy WebLinkAboutReso 1996-18206 RESOLUTION NO. 18206 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY THE INSTALLATION OF A 3 FT. HIGH GATE ACROSS LA COSTA AVENUE, A PRIVATE STREET WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY I. RECITALS A. Project Site The gate is proposed to be located across La Costa Avenue/Torrey Pines between the EastLake neighborhoods known as Bristolwood and Masters Collection. These two neighborhoods and the approximate location of the proposed gate is diagrammatically represented in Exhibit A attached hereto and incorporated by this reference and identified as "Project Site;" and B. Project; Application for Discretionary Approval WHEREAS, on December 8, 1995, Brehm Investments Inc.("Developer") filed an appeal of the planning commission decision to deny the installation of a 3 ft. high gate across La Costa Avenue, a private street within the EastLake Greens Planned Community ("Project"); and C. Prior Discretionary Actions WHEREAS on September 11, 1995, the design review committee considered the above mentioned request and after hearing staff's presentation and public testimony denied the request by unanimous vote; and WHEREAS On September 25, 1995, the applicant filed an appeal of the design review committee decision to deny the above mentioned request. Subsequently, on November 29, 1995, the planning commission, after hearing staff presentation and public testimony, denied the request by a 6-0 vote. D. Planning Commission Record on Application WHEREAS, the planning commission held an advertised hearing on said project on November 29, 1995 and voted 7-0 to upheld the design review committee's decision to deny the installation of a gate across La Costa Avenue. The proceedings and all evidence introduced before the planning commission at the public hearing on this project held on November 29, 1995, and minutes and Resolution therefrom, are hereby incorporated into the record of this proceedings. Resolution 18206 Page 2 E. City Council Record of Applications WHEREAS, the city clerk set the time and place for a hearing on said appeal application and notice of said hearing, together with it purpose was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 ft from the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, at the same city council meeting, at which this resolution was adopted, February 6, 1996, the city council of the City of Chula Vista denied the appeal. NOW, THEREFORE, BE IT RESOLVED that the city council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the planning commission at their public hearing on this project held on November 29, 1995, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. Ill, CERTIFICATION OF COMPLIANCE WITH CEQA Whereas the environmental review coordinator has determined that the project is exempt from environmental review as class 3(e) exemption. IV. NOTICE OF DETERMINATION The city council directs the environmental review coordinator to post a notice of determination and file the same with the county clerk. V. FINDINGS A. The lot configuration and circulation system within Parcel R-17 was planned and designed under the precept that the site would be developed as a single neighborhood, well integrated within the community fabric, rather than as a self-contained project. The private street within the site was intended to tie the public street system providing continuous circulation to and from North Greensview Drive and Masters Ridge Road. The proposed gate contradicts the original design and, in staff's opinion, is not a good urban design solution. B. La Costa Avenue/Torrey Pines Road has been designed in accordance with public loop road standards and does not meet public cul-de-sac design standards. If the gate is installed, each segment of La Costa Avenue would exceed the 500 ft. maximum length allowed for public cul-de-sacs by virtue of each segment being over 2,200 ft in length. C. The proposed hammerhead turnarounds have not been well integrated within the overall plan to reduce disturbance to property owners and aesthetic impacts. The dead end streets and hammerhead turnarounds reduce the front yards and existing Resolution 18206 Page 3 landscape/open space areas of four lots (two lots of each subdivision), and creates a less than attractive dead end street condition. D. The police department has indicated that the proposed gate would create a visual barrier and would limit police patrol which could increase emergency response time. E. The fire department has indicated that although the time required to gain access through the gate would not be significant, it may be critical on certain situations and it would be preferable to provide uninhibited access throughout the project. F. Installation of the gate would be confusing for delivery services as well as residents' guests. G. The design review committee and the metropolitan transit development board (MTDB) have indicated that the placement of the gate at the proposed location would form an artificial barrier between two halves of the same neighborhood restricting continuous vehicular circulation along La Costa Avenue, and that such action would be contrary to the efforts made at all levels of government to create more interactive, livable communities. The DRC and MTDB have recommended against placing a gate across La Costa Avenue. H. Other solution such as the installation of multiple lines of speed bumps across the street to discourage trips across neighborhood boundaries or a reciprocal access and street maintenance and liability agreement between the two neighborhoods associations have not been fully explored. V. ADOPTION QF RESOLUTION In light of the findings above and the public testimony presented at the hearing, the city council hereby denies the appeal. Presented by Approved as to form!by / Director of Planning r Resolution 18206 Page 4 EXHIBIT A SITE UTILIZATION PLAN Parcel No Bristolwood Matters Collection EastLake Ih I~hool E REE51'LAi EXHIBIT A Resolution 18206 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of February, 1996, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Alevy Shirl~ Horton, Mayor ATTEST: Bev~erly. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, CITY OF CHULA VISTA ) I, Beverly A. Authetet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18206 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of February, 1996. Executed this 27th day of February, 1996. uthelet, City ClerkB