HomeMy WebLinkAboutAgenda Statement 1985/07/16 Item 22 COUNCIL AGENDA STATEMENT
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Meeting Date 7/2185
ITEM TITLE: Public Hearing: PCZ-85-C; Consideration to rezone 2.09 acres
at 176 Otay Lakes Road from A-D to C-0 (Commercial Office) and
C-C (Central Commercial )
a. Ordinance J/6 Rezoning 2.09 acres at 176 Otay Lakes Road
from A-D to R-3- P-8 SECOND READING AND ADOPTION
SUBMITTED BY: Planning Director (e(<-- (4/5ths Vote: Yes No X )
REVIEWED BY: City Manager g
This item involves a request by Kinder Care Learning Center, Inc. to rezone
2.09 acres located at 176 Otay Lakes Road from A-D (Agriculture) to C-C-P
(Central Commercial ) on the northerly 0. 73 acres and C-0-P (Commercial Office)
on the southerly 1 .36 acres, as shown on Exhibit A. The applicant has filed a
companion request to amend the General Plan from "Low Density Residential" to
"Retail Commercial" and "Professional and Administrative Commercial . "
RECOMMENDATION: That Council rezone the property from A-D to R-3-P-8.
BOARDS/COMMISSIONS RECOMMENDATION: On June 12, 1985, by a vote of 6-0 with
one absent, the Planning Commission recommended that the City Council take the
following actions:
1. Find that this project will have no significant environmental impacts and
adopt the Negative Declaration issued on IS-85-25;
2. Enact an ordinance rezoning 2.09 acres at 176 Otay Lakes Road from A-D to
C-O-P in accordance with Resolution PCZ-85-C.
DISCUSSION:
Adjacent Zoning and Land Use
North C-C-D Shopping Center
South R-R-1 (County) SDG&E substation and single family
dwellings
East R-3-P-8 Vacant (proposed condos)
R-2-20-D Single family dwellings
R-E Single family dwellings
West R-R-1 (County) Single family dwellings
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Existing Site Characteristics
The 2.09 acres in question are zoned A-D (Agriculture) and located on the
westerly side of Otay Lakes Road between the commercial development on Bonita
Road and the SDG&E substation at the northwesterly corner of Otay Lakes Road
and Allen School Lane. The site is lower in elevation than surrounding
properties and presently accommodates a retail feed-sales establishment on the
northerly portion of the property and horse corrals and older residential
structures on the southerly portion--all of these uses having been established
by conditional use permit as provided for under the A zone.
Applicant's Request: A-D to C-O-P & C-C-P
It is the intent of the applicant to establish a day care center on the
southerly 1 .36 acres proposed for commercial office zoning. No plans have yet
been submitted for the day care center or for the northerly 0.73 acres
proposed for retail commercial zoning.
The child care center would require a conditional use permit even under the
C-0 zoning, while the feed-sales establishment, if retained, would become a
permitted rather than conditional use under the C-C zoning proposed for the
northerly portion of the parcel . The applicant contends that retail
commercial zoning is consistent with the existing feed-sales use of the
northerly portion of the site, and that commercial office zoning and the day
care center would be appropriate for the southerly portion and provide a
transition between the retail area and surrounding residential uses.
Staff Recommendation: A-D to R-3-P-8
Staff recommended in the past that the easterly extension of the Bonita
commercial area be halted at Otay Lakes Road. However, commercial zoning was
extended for the Bonita Centre East commercial project. The present proposal
to expand commercial zoning some 500 feet to the south fails to provide any
demonstrated or documented need for additional commercial territory within the
Bonita community. The need for additional commercial property in the area is
unlikely to exist for some time based on the amount of vacant commercial floor
area which can now be seen along Bonita Road.
It might be argued that rezoning the parcel would be consistent with its
present commercial usage. The existing uses and structures on site, however,
were established as special exceptions under the CUP process and are rural in
nature and appearance, and consistent with the equestrian orientation of the
Bonita Valley. Expanding office and retail commercial enterprises on the
property would represent a definite departure from its existing character.
Although there is a topographic separation of this parcel from surrounding
properties, it is of much less magnitude than that which separates residential
areas from the Bonita Road Commercial strip. Low density estate-type housing
abuts the property's westerly boundary and could be adversely impacted by
commercial development of the site. Access to several of the residential lots
to the west is provided through the proposed rezoning area.
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While we believe the parcel 's topography and adjacency to the Bonita Road
commercial strip do not support the request for commercial zoning, these
factors, along with the site' s arterial frontage on Otay Lakes Road, would
support residential development at a density greater than surrounding areas.
In the companion staff report on the applicant's request for a General Plan
Amendment (GPA-85-1 ) we have recommended that the parcel be redesignated from
"Low Density Residential" (1-3 du/ac) to "Medium Density Residential" (4-12
du/ac). If this recommendation were to be adopted, then the property could be
rezoned to a low intensity multiple family density which would be compatible
with adjacent areas, and which would also provide the applicant the
opportunity to subsequently apply for the child day care center by way of the
conditional use permit process provided for under the R-3 zone. Should the
applicant not be successful in securing a conditional use permit for a day
care center, the property could be developed at a medium residential density.
In order to maintain consistency with the adjacent R-3 zoned area across Otay
Lakes Road, the density should be limited to 3 du's per acre.
Planning Commission Recommendation: A-D to C-O-P
The Commission found that they could not support additional retail commercial
zoning in the area as requested by the applicant for the northerly portion of
the parcel , but that commercial office use of the entire site would be
appropriate. It was noted that should the child care center cease operations
after construction as a conditional use under the staff recommended R-3-P-8
zoning, then the building could not be used for an alternative use as it could
under commercial office zoning. It was also believed doubtful that a multiple
family use would be feasible on the northerly portion of the site if a child
care center was approved on the southerly portion.
FISCAL IMPACT: Not applicable
WPC 2008P
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