HomeMy WebLinkAboutAgenda Statement 1974 /12/10 Item 23 Item No. 23
December 10, 1974
Ordinance No. 1599
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AGENDA ITEDi N0. [ 23 ]
CHULA VISTA CITY COUNCIL PIEETING OF: December 10, 1974
ITEM TITLE: Ordinance No. 1599 - Amending Zoning Ordinance to prezone 2.44 acres
located at the northern terminus of Camino del Cerro Grande to
R-E-P - Second reading and adoption
INTTIATED BY: Director of Planning
BACKGROUND
This ordinance was placed on first reading on November 26, 1974, It is noia
before the Council to be placed on second reading and adopted.
ATTACHED: Resolution [ ] Ordinance [ ] Agreement [ ] Plat [ ]
See EXHIBITS [ ] No.
Financial Statement:
Commission-Board Recommendation:
Department Head Recommendation: Place ordinance on second reading and adopt ._
City Dlanager Recommendation: Concur
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AGENDA ITEPI N0. [Zla,b]
CHULA VISTA CITY COU�CIL DIEETI\G OF: NOV2mb2r 26, 1974
Report ' - Consideration of application for prezoning
2.44 acres located at the northern terminus of Camino del Cerro Grande
ITeM TiTLE: Ordinance - Amending Zoning Ordinance to prezone 2.44 acres located at
the northern terminus of Camino del Cerro 6rande to R-E-P
I\ITIATED BY: Director of Planning
A. BACKGROUND
1 . The original inquiry concerning annexation of the church property •was made in
May, 1973. At that time the church was considering annexing the total 18 acre
parcel . Staff sent letters to the two property owners between the church property
and Otay Lakes Road that would have to be annexed to avoid creating an illegal
island of unincorporated territory. Both property owners responded negatively to
the annexation inquiry. The assessed valuation � of' the two properties exceeds that
of the church property and therefore they cannot be involuntarily annexed.
2. The church then processed a parcel map through the County to split off the
2.44 acres so it could be annexed to Chula Vista. The 2.44 acres cannot be
developed unless it is annexed to the City as the only access to the property is
from Camino del Cerro Grande where the City holds a one-foot control lot.
B. LAFCO RESTRICTIONS
In order to waive the restrictions on the creation of an island, LAFCO must make
the following findings:
1 . The application of the restrictions would be detrimental to the orderly
development of the community.
2. The area that would be enclosed by the annexation or incorporation is so
located that it cannot reasonably be annexed to another city or incorporated as a
new city.
A check with the LAFCO staff indicates they would be able to make the second finding
but not the first. Therefore, they would recomnend against creation of thQ�i�tdrnWd��
ATTACIIED: Resolution [ ] Qrdinance [ ] Agreement [ ] � at �
See EXHIBITS [� No. l-Z
Financial Statement: N.A.
Commission-Board Recommendation:
�epartment Head Recommendation: Introduce the ordinance prezoning the property R-E-P.
The issue of annexation can be decided at a later time. At this point it appears
reasonable to annex the 2.44 acres. However, if Council wishes to delay action on
the 2.44 acres in an effort to attempt to encourage the annexation of the entire
18 acre parcel , this should perhaps be made known to the applicant at this time.
City hlanager Recommendation:
This is not an administrative problem. However, I feel we should be assured of ail
18 acres via annexation, even in stages. I see no operational value in securing the
2.44 acre portion alone.
AGENDA ITEM N0. Zla,b
Supplemental page No. 2
C. BONITA ROAD
The Public Works Department has checked the County's six year capital improvement
program and found that� the widening of Bonita Road in the vicinity of the church
property is not included.
Annexation of the totalichurch property would obligate the .City to eventually
widen Bonita Road from its existing 36 foot wide ribbon pavement. Widening would
involve an additional 23± feet of pavement on each side and acquisition of 20±
feet of right of way on each side.
D. CONCLUSION
l . The property cannot readily be developed without annexation since the City
controls the access �to the property.
2. There is no apparent benefit to the City of Chula Vista from annexation of
either the total � church property or the 2.44 acres.
3. The annexation of the total property would obligate the City to acquire
right of way and improve Bonita Road at some future time.
4. It appears that there will be no interest in annexation of the adjoining
properties to the west until they are ready to develop.
5. LAFCO staff wi•11 recomnend against the annexation of the total church
property and the creation of an island.
6. The annexation of the 2.44 acre property is a logical extension of the
City boundary.
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� City o� C6�u�a �Uista
OFFICE OF THE ' CALIFORNIA
CITY ATTOR\EY
DATE: Nover,!ber 22 , 1974
�O: The Honorable ?•fayor and City Council of the City
of Chula Vista, John R. Thomson, City Manager
FROM: George D. Lindberg, City Attorney
SUBJECT: Report on Consideration of Application for Prezoning
2 .44 Acres Located at the rlorthern Terr,iinus of
Camino de1 Cerro Grande
�, At the Citv Council meeting of Novemher 12 , 1974 , the Council
considered the request of the prezoning of a portion of property
� oc,rned b_y the Grace Baptist Church located in the unincorporated
area of San Diego County.
A question was raised as to cahy the church at this time was not
de:�irous of incorporating or annexing all of their property to
the City of Chula Vista. Assuming that the City 4�ould approve
the prezoning and ultirtately annex that portion being requested
for annexation by the church, a subsequent issue was presented
as to a possible neans for conditioning said annexation upon a
guarantee of future annexation of the balance of the church' s
property.
It has long been the. opinion of this office that annexations are
not subject tc being conditioned and that viewpoint has been
generally accepted in all jurisclictions. As Council is aware ,
the City of Chula Vista has, of course, been in the forefront
in seeking intelligent changes to tlie annexation laws of the
state which would place the real control of annexation in tlie
hands of the'r.tunicipalities guicied bv recor•unendations of the
� Local Agency For`nation Commission acting pursuant to well-defined
criteria and this subject has franklv been a futile one.
' After nore than a decade of experience with the Local Agency
Formation Commission, it is evident that the sole control for
the annexation issue rests with the property owner or in the
case or inhabited annexation proceedings , with the registered
voters in the territory to be annexed. '
�� � 2i6 Fourth Avenue, Chula Vista, CA 92010 (i14) 427-3300
The Honorable Mayor and City Council
November 22 , 1974
� Page Two
1
The results of such an incongruous process are everywhere evident.
Municipal boundary lines are at best irregular and irrational,
and at worst, create grave problems of orderly growth. and prevent
adequate urban services.
However, in the instant case, I can only conclude that the Council
may proceed with the prezoning and annexation of that portion of
the church property presently seeking annexation and rely upon the
good faith of the church fathers to subsequently annex the balance
of the property at a time when they deem it to be more propitious .
GDL: lgk
cc: Director of Planning
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AGE\DA ITEDi �0. [za,b �
CHULA VISTA CITY COUNCIL MEET WG OF: NOV2mbeY' 12, 1974
Public hearing - Consideration of application for prezoning 2.44 acres
located at the northern terminus of Camino del Cerro Grande
ITEnt TITLE: Ordinance - Amending Zoning Ordinance to prezone 2.44 acres located at
the northern terminus of Camino del Cerro Grande to R-E-P
I�I'riA'rE� BY: Director of Planning
A. BACF:GROWi D
1 . The applicant desires to annex the subject property (please refer to locator)
to Chula Vis�and subdivide it into residential lots.
2. The request to annex the property was approved by the Planning Corrunission on
October 9, 1974 and has been sent to LAFCO for consideration.
3. An Initial Study (IS-74-45) of possible adverse impacts of this project was
conducted by the Environmental Review Correnittee on September 12, 1974. The
Cortmittee concluded that there would be no significant effects and made a Negative
Declaration; no appeal was made and the appeal period ended on September 27, 1974.
B. ANALYSIS
1 . The property is surrounded on two sides (north and west) by land in the County,
zoned A-4(1 ) (Agricultural , 1 dwelling unit per acre). The property itself is also
zoned A-4(1 ); to the east lies the recently annexed Bonita Ridge Estates project
zoned R-E-P. To the south is the Bonita Bel Aire subdivision zoned R-E. The church
owns 18.27 acres (fronting on Bonita Road), of which this property is the southern
portion. Exhibit A, attached to the Planning Cormnission Resolution, shows the
property, surrounding zoning and land use, and topography.
2. Site Characteristics.
The area proposed for annexation has been partly graded and forms twin knolls
of a very steep property, sloping sharply down into the Sweetwater Valley. The
average natural slope of the subject 2.4 acr.es is 28.6%. The total church owner-
ship is sharply divergent in topography. The northerly 8± acres is nearly flat,
but the southerly 10± acres averages 30.3% slope, including the subject property.
ATTACHED: Resolution [ ] Qrdinance [X] Agreement [ ] Plat [X]
See EXHIBITS [X] No. � � p ,3
Financial Statement:
Commission-Board Recommendation: The Planning Commission voted 6-0 on October 9, 1974
to recoimnend that the City Council pr.ezone the subject property to R-E-P, subject to
approval of a Precise Plan conforming to the conditions set forth in attached
Resolution PCZ-74-K.
Department Head Recommendation: COncur
City Manager Recommendation: Concur .
a r1
• . - AGENDA I�EM N0. 2a,b
Supplemental Page No. 2
The 2.4 acres is 140 to 180 feet higher �than the lower portion, with slope grades
of up to 50% in between.
3. Hillside Modifying District Option
The staff considered prezoning the property to R-1-H-P, which would have
ensured adequate grading controls; however, since the R-1-H-P option would have
limited the applicant to 2 units, and since the site is considered suitable for
3 building pads without further extensive grading; the Nillside District was not
considered necessary to achieve the City' s objective of controlling grading and
density in the hillside area. �In addition it should be noted that the only area
being prezoned and annexed is the developable portion of the property. The steep
natural terrain extending northerly will remain in the County; therefore, the Planning
Corrunission recomnended the R-E-P zoning which is consistent with the adjoining
zoning in the Bonita Belaire subdivision to the south, and the Precise Plan ensures
adequate control over various features of development on this property.
C. FINDINGS
l. Good zoning practice, in compliance with the Open Space Element policies and
consistent with the land use intensity of the abutting residential areas,
necessitates that the subject property be prezoned for residential land uses which
will be sensitive to the dominant topographic features and which do not place any
burden on the limited street access.
2. The proposed prezoning of the property to R-E-P is consistent with the
Chula Vista General Plan elements, notably the Land Use Element which designates
this area for 1 -3 units per acre.
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" RESOLUTION N0. PC�-74-K � � �
RESOLUTIOf� OF THE CITY PLANNING COMMISSION RECOMMENDING TO ������
TFIE CITY COUNCIL PREZONIPiG 2.4 ACRES LOCATED AT THE NORTH
TERhiINI!S OF CAh1IN0 DEL CERRO GRANDE TO P.-E-P a,�
, WNEREAS, a duly verified application for prezoning'was filed with the�
Planning Department by Grace Baptist Temple on August 30, 1974, Application
No. PCZ-74-K, and
WHEREAS, said application requested prezoning 2.4 acres located at
the north terminus of Cami�o del Cerro Grande to R-E, and
WHEREAS, the Planning Coirmiission set the time and place for a hearing
on said application, and notice of said hearing, together with its purpose,
was given by the publication in a newspaper of general circulation in the City
at least 10 days prior to the date of said hearing, and
WHEREAS, a hearing was held at said time and place, namely 7:00 p.m. ,
. October 9, 1974 in the Council Chamber, Civic Center, before .the Planning
Cortunission, and said hearing was thereafter closed.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS: S,,
,
1 . From facts presented to the Cortunission, the.Commtssion"finds that . �
public necessity, conve�ience, general welfare and good zoning • practice require
the prezoning of 2.4 acres' located at the north terminus of Camino del Cerro
Grande, as shown on attached Exhibit A, to R-E-P, subject to the following
precise plan requirements:
a. Density shall be limited to three dwelling units on the 2.4 acres.
b. Adequate provision shall be made to enable fire fighting equipment
, to negotiate the turn from Camino del Cerro Grande onto the access
road serving the westerly parcel as well as providing adequate turning
ar•eas for fire fighting equipment on each of Lhe sites.
c. Prior to the issuance of building permits each site will be reviewed
to determine whether adequate water pressure exists to accomnodate
fire flow standards. If such pressure is deemed to be i�adequate by
the Fire Chief, a fire hydrant will be installed on or near the subject
properties.
d. Adequate drainage provisions shall be provided subject to the
approval of the Director of Public Works.
e. Proposed methods of sewering the property and all necessary
agreements and/or dedication of right of way are subject to the review
and approval of the Director of Public 4lorks.
2. The findings of fact in support of said determination are as
, follows:
a. Good zoning practice in compliance .with the Open Space Element
of the General Plan necessitates that positive measures be taken to
utilize the natural attributes of the land,. to minimize grading and
to create visual and spacious open space while permitting a reason-
able yietd to the property owner .consistent with the character of
the surrounding area. The R-E-P zone will allow three dwelling units
and will insure that the principles and purposes of the General
Plan are fulfilled.
b. The proposed prezoning of the property to R-E-P is consistent
, with the Chula Vista General Plan which designates the density for
, this area at 1-3 units per acre. �
3. The Planning Corranission recorranends to the City Council that said
zone designation be approved.
4. That this resolution be transmitted, along with the application, to
the City Council , and a copy of this resolution shall be transmitted to the
applicant.
PASSED AND APPROVED BY THE CITY PLANNING COh4�tISSION OF CHULA VISTA, CALIFORNIA,
this 9th day of October, 1974, by the following vote, to-wit:
AYES: Comnissioners Starr, Rudolph, Floto, Chandler, Rice and Pressutti
NOES: None .
, ABSENT: None
�L�-�,� -3-_ P,�.�....,E,e�._
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ATTEST:
,���e�� �?7�/�
Secretary
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