HomeMy WebLinkAboutAgenda Statement 1977/11/15 Item 15 Item No. 15
November 15, 1977 , CITY OF CHULA VISTA 1;
Ordinance 1773 ' ~ COUNCIL AGENDA STATEMEyT tte� No. �=����
ii/is/n
For meeti ng of����
Sa. Consideration of Planning Cortmission recortmendation on application or c ange of
zone for 2 acres located on southwest side of Otay Lakes Road - Norman & Ashwill
ITEM TITLE Public hearing - Consideration of change of zone for 1 .18 acres located on the
southwest side of Otay Lakes Road from R-E to C-C-P , �
Sb. Ordinance n17,i�3 - Pmending the zoning map to change the zone of �2'.00�acres located
on the southwest side of Otay Lakes Road from C-O-P to=C-C-P_ _ _ l�
SUBMITTED BY Director of Planni� . ^^ .
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ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO X ) •
A. BACKGROUND
l . On September 14, 1977 the Planning Cortmission voted unanimously to deny an applica-
tion to rezone 2.00 acres of property located on the southwesterly side of Otay Lakes Road,
approximately 1450 feet north of East H Street and south of the SDG&E easement, from C-O-P
to C-C-P. In add.ition, the Commission recommended that the Council approve a staff
� initiated rezoning request for 1 .18 acres of land located adjacent to and north of the
applicant's property from R-E to C-O-P.
2. On October 4 the City Council unanimously approved the rezoning of the 2 acre site
to C-C-P and directed staff to initiate proceedings to rezone the 1 . 18 acre site as well
to C-C-P. Since Council 's action was contrary to the Planning Commissiori's recommendation,
the matter was referred back to the Planning Cortmission as required by law.
B. DISCUSSION
l . At the City Council meeting, the applicant stated that Par Construction Company had
recently purchased 10 acres of commercial property in the area and are proceeding with plans
for development. The applicant feels that this constitutes a basis for additional retail
cortanercial zoning in the area. While staff still doubts that the population of the area
justifies a full size neighborhood shopping center at this time, it certainly is appro-
priate for an entrepreneur to make that business decision. In staff' s judgment, however;
the decision does not justify �xpansion of commercial zoning in the area. Staff also
believes that the existing C-O-P zoning is more compatible with the apartments under con-
struction to the south than retail comnercial would be.
2. Should the Council decide that the existing C-O-P zoning for the 2.00 acre parcel
is appropriate, then the 1 . 18 acres of adjacent R-E zoned property should_ also� be zoned
KG�:hm EXHIBITS �continued on su lemental a e
Agreement Resolution Ordinance X Plat�y Notification Cist_
Planning Comnission Minutes of 10/26/77
Other ENVIRONMENTAL DOCUMENT: Attached Submitted on 10/4/77
FINANCIAL IMPACT
STAFF RECOMMENDATION �
Concur with the Planning Co�nission recommendation; and also recommend that if the zone_
change to C-C-P on the 2.00 acres is approved by the Council , Council should express its
intent to zone the 1 .18 acres from R-E to C-C-P after the owner of the 1 .18 acres dedicates
right of way for the widening of Otay Lakes Road . �This right of way dedication should include
the portion of the parcel which is encumbered by the SDG&E easement.
BOARD/COMMISSION RECOMMENDATION •
On October 26, 1977 the Planning Corrtnission, by a vote of 4-2, reaffirmed its original �
action denying the rezonin9 of the 2:00 acres and recomnendin9 that the 1 . 18 ac'res of R-E .
zoned property be rezoned to C-O-P. By a vote of 3-3 the Commission, failed to adopt any .
action on_the 1 . 18 acres in the event the 2.00 acres is app roved for C-C-P zoning by the �
�Council'. -`_�; A P P .R 0 V E D
COUNCIL ACTION by the
Placed on first reading ll/8/77 , City CCti:Cil
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Date � -
AGENDA ITEM N0. ���5� 15
Meeting of ��¢�¢�� 11j15j77
Supplemental page No. 2
C-O-P. If Council approves C-C-P zoning on the 2 acre parcel , the adjacent 1 .18 acre
parcel should be similarly zoned.
3. The Planning Cortunission expressed concern about rezoning the 1 .18 acre triangular
parcel from R-E to C-C until the owner dedicates the additional right of way required
for the widening of Otay Lakes Road. A 1911 Act procedure is contemplated for the
construction of curbs, gutters, sidewalks, and related improv�nents between H Street and
Bonita Vista Junior High School . Dedication of right of way prior to rezoning the R-E
property to C-C-P or C-O-P would facilitate the 1911 Act procedure, thereby providing
a safe walkway for Bonita Vista Junior High students. The ordinance has been prepared
to rezone the 2 acre property from C-O-P to C-C-P in accordance with Council 's previous
action. Rezoning the 1 .18 acre parcel from R-E to C-C-P or C-O-P should await the
dedication of right of way across this parcel frontage.
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RESOLUTIOIJ Ir'0. PCZ-78-D �H'���°
RESOLUTION Of THE CITY PLAPlNIP�6 CO'ri�`tISSIOP� RECO�it9EtdDIP�G TO THE
CITY COUidCIL THE DENIAL OF A REQUEST FOR REZOi�Ih:G OF T410 ACRES
ON THE SOUTHtdEST SIDE OF OTAY LAKES ROAD, APPROXIi�tATELY 14�0 FEET
' P;ORTH OF H STREET, FR0�4 C-O-P TO C-C-P, AND APPROVAL OF A CHAh;GE
OF ZOiJE FOR THE ADJACEPJT 1 . 18 ACRES TO TNE IJQRTH fR011 R-E TO C-O-P
WHEREAS, a duly verified application for change of zone �•ias filed with
the Planning Department by Don E. R'orman and R. Glenn Ash�•�ill on August 8, 1977,
and
WHEREAS, said application requested a change of zone from C-C-P to C-O-P
for tY�o acres located on the south�•rest side of Otay Lakes Road, approximately
1450 feet north of East H Street, and
t•JHEREAS, the City Planning Department included for consideration an
additional 1 . 18 acres located bet�•.een the subject property and the SDG&E easement
to be rezoned from R-E to C-O-P, and ,
, 41HEREAS, the Planning Commission set the time and place for a hezring on
said application, and notice of said hearing, together �•riih its purpose Y135 civen
by the publication in a neti•rspaper of general circulation in the City at leas�
10 days prior to the date of said hearina , and
t•1HEREAS, a hearing was held at said time and place, namely 7:00 o.m. ,
Sepiember 14, 1977 , before the Planning Commission, and said hearing r:as therea�ter
closed.
td011 THEREFO�E BE IT 2ESOLVED AS FOLLO'rlS:
1 . The Commission finds that in accordance o-iith the t;eoative Declaration
on IS-78-15 and the findings stated therein, the rezonino vrill have no significant
' adverse environmental impact, and certifies that the idegative Declaration �•;as
prepared in accordance with CEQ�, 1970, as anended.
2. From facts presented to the Cor.unission, the Cortenission finds that
public necessity, convenience, general o-:elfare and good zoning practice require
the denial of the request for change of zone from C-C-P to C-C-P for two acres
located on the south�•;est side of Otay Lakes Road (as sho�•:n on attached plat) and
the approval of a change of zone for the adjacent 1 . 18 acres from R-E to C-G-P.
3. The findings of fact in support of said determination are as follo:•rs:
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a. �"ore than ten acres� of vacant retail corunercial property exist in
the immediate area; no evidence has been submitted ��:hich �•iould
indicate that additional retail commercial property is warranted or
, desirable.
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b. The existing C-O-P zoning is more compatible with the apartments
under construction to the south than the proposed retail commercial
rzoning would be.
c. The 1 . 18 acres zoned R-E is the only residentially zoned property on
the west side of Otay Lakes Road betaieen Bonita Vista Junior High
School and East H Street. Rezoning of this property to C-O-P will
permit its development in a manner consistent aiith the existing
zoning in the area.
4. The Planning Corrmiission recorrJnends to the City Council that said change
of zone from R-E to C-O-P be approved. -
5. That this resolution be transmitted to the City Council and a copy be
transmitted to the o�,rner of the property.
, PASSED A�dD APPR04ED BY TNE CITY PLAiVNING COh1F1ISSI0id OF CHULA VISTA, CALIFORMIA
this 14th day of September, 1977, by the following vote, to-�•iit:
AYES: Commissioners 6. Johnson, R. Johnson, Smith, Pressutti , Chandler,
0'tdeill and Renneisen
PlOES: None
HBSEiJT: idone
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Chairman
ATTEST:
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� Secretary
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I�IINUTES OF A RE6ULAR F1EtTIi�G
' OF THE CITY PLAhlidIP;G COi4i•1ISSIOi1 OF •
CHULA VISTA, CALIFORPlIA �
October 26, 1977
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1 . Report on proposed rezoninq of 2 acres from C-O-P to C-C-P and 1 .18 acrzs `rom
R-E to C-C-P on the southwest side of Otav Lakes Road, south
of SDG&E easement - Don E. P;ornwn & Glenn Ashwill , and City
initiated
Director of Planning Peterson noted that this rezonin9 �aas considered by the
Planning Corrmission on September 14 based on an application filed by t•lessrs . h;orr�an
and Ash�•iill to rezone 2 acres from C-O-P to C-C-P and the staff's determinaiion
that the adjacent 1 .18 acres, presently zoned R-E, should be included in the same
zone as the 2 acres . The staff's recommendation at that time was for denial of
the requested change from C-O-P to C-C-P and that the 1 .18 acres be rezoned to
C-O-P.
The Planning Correnission agreed �•rith the findings in support of C-O-P zoning `or
the 3.18 acres and fon•iai•ded that reco�nendation to the City Council . In a public
.hearing held on October 4 the Council determined that the �orman and Asho-iill property
should be rezoned to C-C-P. Inasmuch as that determination was not in concurrence
�aith the Planning Commission's recommendation, it is required by lati•i that ±his
proposal be referred back to the Commission for reconsideration and a repori back
to the Council . �
t•ir. Peterson advised that despite information presented to the Council by the
property o:•iners, it is still the staff's feeling that the C-O-P zone is most
suitable for this site due to the ample supply of retail commercial zoning in
the immediate area.
Chairman Chandler announced that although this is not a public hearing, tne
Commission �aould be ti•�illing to hear from the property o�.iner if he desires.
Glenn Ash�•iill , 255 Canino del Cerro Grande, advised that they had apoealed to
tfie City Council because they were unable to appear at the earlier hearing before
the Planning Commission, and that based on information which they supplied to
the Council that body had concurred that the C-C-P zoning should be expanded.
He pointed out that six acres of the adjacent C-C zoned property has now been
approved for residential development .which is being implemented. He also
reported that t:•�o acres �•ihich fronts on Otay Lakes Road has been sold to Par �
Construction Company, oihicn fittn is activ2ly planning a commercial development
there. As a result of that development proposal , htessrs. Norman and Ashtiaill
are receiving more inquiries with regard to retail corr.n2rcial use of their property
than for corrnercial office use. He expressed their desire to market_ t�ie property
and the need, ther2�ore, io obtain the zoning �,rith the most aopeal to potential
users. He pointed out that prior to 1974 the entire 10 acre parcel �•ras zoned
C-T-D but their attempt to develop the property resulted in a doo-mzoning action
to C-C and C-0. He contended ihat tri 'tn architectural control the city could
be assured of com,�2rcial develo�ment tha� aiould be co���pztibie �•�ith the apar�ments
presently _under consiruction on tne adjoining six acres . —
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� � '2- October 26, 1977
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In response to a question from Commissioner G. Johnson, hir. Peterson affirmed that
there is no other C-0 zoned property in the area but that office uses are allowed
in the C-C zone.
Commissioner Smith pointed out that it appears on the locator plat that the right
of Yray for Otay Lakes Road is narrovrzr for that portion of the road which abuts the
1 . 18 acres presently zoned R-E. He felt that rezoning of that parcel should be
contingent upon the dedication of the additional right of t•iay.
It was moved by Commissioner Pressutti , seconded by Commissioner G. Johnson,
that the Commission reports to the City Council that the original findings in
support of C-O-P zoningfor the 3. 18 acres are still valid and the Commission
reaffirms their previous recommendation to deny the rezoning application on tne
2 acres and to rezone the 1 .18 acres from R-E to C-O-P.
The motion carried by the follo�•+ing vote:
AYES: Corrunissioners Pressutti , G. Johnson, Chandler and 0'P�eill
PlOES: Cormnissioners Smith and Renneisen
ABSEtJT: Commissioner R. Johnson
It was moved by Cormiissioner Pressutti , seconded by Commissioner Renneisen, that
the Canmission recommends that whatever zone designation the Council adopts for
the 2 acres the same designation should also be applied to the 1 .18 acre parcel .
The motion failed to carry by the follo�aing vote:
�AYES: Commissioners Pressutti , Renneisen and Chandler
NOES: Comriissioners Smith, G. Johnson and 0't;eill
ABSEPlT: Commissioner R. Johnson
It was moved by Canmissioner Pressutti , seconded by Com�issioner 0'P�eill , that
the Commission recommends that the finalization of the rezoning on the 1 .18
acre parcel be contingent upon the dedication from the o�•rner of the 1 .18 acres
of additional right of o-iay for the �•ridenin9 of Otay Lakes Road.
The motion carried unanimously by those present.
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� NEGATIVE DECLARATION �HI�BT
� PROJECT TZTLE: City Initiated Rezoning from R-E to C-C-P
Project Location: South of the SDG&E transmission line easement
west of Otay Lakes Rd.
Project Pro�onent : . City of Chula Vista Planning Dept.
Ci�SE l:O. IS-78-15 D1�TE: September 1 , 1977
A. Environmen'tal Setting
The subject site involves 2. 44 acres (gross) of vacant land located
within and south of the San Diego Gas & Electric Company ' s
transmission line easement to the west of Otay Lakes Rd. Bonita
Vista Jr. Hiah school is located to the northwest and vacant land
pr000sed to be developed with apartments and unspecified retail uses
to the south.
� The site is generally level and has been disturbed to some degree.
The southeast section of the property, adjacent to Otay Lakes Rd. ,
supports a variety of natural vegetation that, although intermittently
disturbed, is in fairly healthy condition. Native grasses , bladder
pod and sage brush are the predominent species present, however
several Coast barrel cactus have been observed. Wildlife species
that may reside on site or frequent the site are supposed to be the
same as those utilizing surrounding areas such as Rice Canyon to the
southo�est, but in less intensity due to site size and intrusion of
man. These species could include the orange-throated whiptailed
lizard, coast horned lizard and common king snake which have been
identified by the Calif. Fish & Game Department has having critical
oopulation levels.
The closest known earthquake fault is the La Nacion system about 1
mile to the east. The site has been subject to indiscriminate
dumaing of debris and there may be expansive soils present.
B. Project Description
The project entails the consideration of a city initiated rezoning
, of the subject acreage from R-E to C-C-P zoning. The Bonita Vista
project so the south , is currently zoned C-O-P and C-C-P. This
development is currently underway with the initial construction of
apartments on the southern 8 acres. Due to market conditions the
proposed medical office site originally planned for the northern
two acres adjacent to the subject project site is proposed to be
rezoned to C-C-P.
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The subject city initiated rezoning is intended to provide� a more
consistent zone pattern with the adjacent acreage to the south.
, C. Conformance with zonin and plans
The General Plan designates property on the west side of Otay Lakes
Rd. , north of H St. and south of Bonita Vista Jr. high school for
retail commercial development. The proposed rezoning is in
conformance with the General Plan.
Also, Otay Lakes Rd. is designated as a Scenic Route. The P modifier
attached to the C-C zone will require cormoliance with the desian
criteria established in the Scenic Route Element of the General Plan.
D. Identification of environmental effects
The proposed rezoning wi11 allow commercial use of the orooerty
rather than low density residential , the former will generate more
tra�iic. Also, development in an area where some endangered
vecetation is oresent , �Coast barrel cactus), could further reduce
the population o£ that soecies if not ransplanted.
These environmental considerations cannot be sufficiently addressed
, un�il specific plans are available , however, and when submitted
will required further review.
E. Findings of insignificant impact
1. The proposed rezoning will not result in any ohysical
change that could alter or destroy any significant veaetation
or wildlife.
2. The oroposed project is in conformance with the General
Plan and will insure compliance with associated elements.
3. vo imoacts have been identified with the proposed action
that could interact to create any substantial cumulative
e£fect on the environment.
4 . The proposed rezoning will allow development that could
generate a substantial increase in traffic, however until
specific plans to develop the property are submitted this
environmental aspect cannot be adequately discussed.
, F. Persons and Organizations consulted
City of Chu1a Vista Planning Dept.
Eng. Dept.
G. Additional data on file in the Planning Dept. and available
for public review.
1 . Initial Study application
2. Initial Study evaluation
3. EIR-75-5 including subsequent filed studies . -
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The I�itial S�uc_� application and evaluation forms docunentina �ne
, finciinas of no significant i*�oact are attached.
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CASE N0. Pcz-7s-� I HEREBY CERTIFY TH AT THIS ZONING MAP
ACREAGE 2•0o WAS APPROVED AS A PART OF ORDINANCE
SCALE I"� 2oo' �773 BY THE C Y COUNCIL ON � i5.1977 ,
DATE Nov. 21.�977 �/ !
CfTY C C DAT
DRAWN BY ZONING MAP - 352
CHECKED BY