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HomeMy WebLinkAboutAgenda Statement 1984/10/23 Item 14 COUNCIL AGENDA STATEMENT Item -4;--#a- /f K a3 Meeting Date 10/1.5/84 ITEM TITLE: Public Hearing (continued) : PCZ-85-A - Consideration to rezone 4.07 acres of SDG&E property on the east side of I-5 freeway and north of Walnut Avenue from R-3 to I-L - Gardner/Gretler a. Ordinance .2 p g g' Amending Title 18 of the Municipal Code rezoning 4.07 acres of SDG&E property on the east side of I-5 and north of Walnut Avenue fro1161,63 h-1 utuING AND ADOPTION SUBMITTED BY: Planning Director ' (4/5ths Vote: Yes No X ) REVIEWED BY: City Manager( • The first reading on this item was conducted on September 11 , 1984. During the second reading on September 18, 1984, the Council was informed by the adjacent residents that the applicant had been working on the property clearing the vegetation and trees from the site and causing noise and dust. The Council directed that the second reading not take place and reschedule the rezoning matter for a public hearing. RECOMMENDATION: That Council approve the rezoning to I-L-P subject to the following changes in the precise plan development standards listed in Planning Commission Resolution # PCZ-85-A: 1. Delete Standards 1 , 9, and 10 and delete reference to the trees on condition no. 6. 2. An 8-foot high solid wood fence plus a barbed wire strand shall be erected along the northerly property line prior to any site development. 3. An 8-foot high solid wood fence shall be erected along the westerly and easterly property (lease) lines. 4. Additional landscaping shall be required adjacent to the I-5 freeway located westerly of the applicant's fence either onsite or within the I-5 right-of-way. The type and location of material shall be subject to the approval of the City's Landscape Architect. 5. An 8-foot high solid fence shall be required near the south property line with the actual location to be determined in conjunction with the approved site plan and landscaping plan. The site plan design shall provide a landscaping and fence arrangement so as to prohibit a direct view into the storage area while driving north on Walnut Avenue. BOARDS/COMMISSIONS RECOMMENDATION: See attached A-113 of September 11 , 1984. Page 2, Item --fir / 5/ Meeting Date-- /a-z 3- DISCUSSION: The staff inspected the site and found that it had been completely cleared of all trees and vegetation as indicated by the adjacent residents. As a matter of information the entire SDG&E easement from Interstate 5 to Industrial Boulevard has been cleared. The applicant has recently informed the Planning Department that removal of the trees was a condition of the lease agreement with SDG&E. In addition, the applicant has indicated that the trees were diseased and in need of treatment or removal . The grading has consisted of scraping the surface with a bulldozer. No information was submitted nor any survey taken on the number of trees that existed on the property so the City has no way of knowing how many trees were removed. The removal of the trees and the scraping of the surface does not require a grading permit; therefore, the applicant has not done anything illegal . The allegation of dust created by the activity would not violate any City ordinance unless it occurs over a long enough period of time to be determined to be a nuisance. Although technically no ordinances have been violated the applicant had discussed the precise plan development standards with the Planning Department and was well aware of requirements to preserve as many trees as possible in order to reduce the impact of the storage activity on the adjacent residential area. It should be noted that despite what has happened, the rationale for rezoning the property from R-3 to I-L-P is still valid; therefore, the Planning Department's recommendation for approval remains valid with the development standards as listed in the recommendation section of this report. The changes are as follows: 1 . Deleting the standards relating to existing trees; 2. The use of specimen trees on the site to compensate for the loss of the existing trees; 3. Requiring an 8-foot high wood fence plus barbed wire along the north property line for the entire length of the property to Industrial Boulevard. This provision has the concurrence of the Brentwood Mobile Home Park residents and was arrived at at a meeting held on October 11 , 1984. 4. Increasing the solid wall height and extending the location to enclose the storage area. SUMMARY: The change of zoning is still appropriate and the development standards are proposed to be changed to reflect the current conditions of the property and the concerns expressed by the Council to buffer the residential areas. FISCAL IMPACT: None WPC 1339P U� RESOLUTION NO. PCZ-85-A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 4.07 ACRES OF SDG&E PROPERTY ON THE EAST SIDE OF I-5 FREEWAY AND NORTH OF WALNUT AVENUE FROM R-3 TO I-L WHEREAS, a duly verified application for a rezoning was filed with the Planning Department of the City of Chula Vista on July 13, 1984, by Gardner/Gretler, and WHEREAS, said application requested rezoning of the westerly 4.07 acres of the SDG&E property located on the east side of Interstate 5 freeway and the northerly terminus of the 1100 block of Walnut Avenue from R-3 (Multiple Family Residential ) to I-L (Limited Industrial ), and WHEREAS, the Planning Commission set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the property at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. , August 22, 1984, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-85-3. NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the Planning Commission, the Commission has determined that the rezoning is consistent with the City of Chula Vista General Plan and that public necessity, convenience, general welfare and good zoning practice support the rezoning from R-3 to I-L, and the findings in support of applying the "P" Modifying District are as follows: The property or area to which the P modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise be incompatible. The subject property abuts a mobilehome park to the north and the I-5 freeway to the west. The attachment of the "P" district will permit the establishment of development standards to insure compatability between uses. ri C C. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends the the City Council adopt an ordinance to rezone the westerly 4.07 acres of the SDG&E property on the east side of I-5 freeway and north of Walnut Avenue from R-3 to I-L subject to the following precise plan development standards: 1 . A 6' high Solid fencing shall be erected along the westerly and easterly property (lease) lines. 2. No freeway-oriented signs shall be allowed. 3. Only one freestanding sign shall be allowed. Said sign shall not exceed 16 feet in height and 32 sq. ft. in sign area and shall be located near the entrance on Walnut Avenue. 4. The location and width of the driveway on Walnut Avenue shall be subject to the approval of the City Traffic Engineer and the Planning Department. Access to the property shall be limited to Walnut Avenue unless otherwise authorized by the Zoning Administrator. 5. The precise plan shall be subject to the approval of the Zoning Administrator rather than the Design Review Committee with appropri ate appeals. 6. A topographic and property survey which includes the location and size of all existing trees shall be submitted concurrent with an application for a precise plan. 7. A commercial coach may be used as office space. The coach shall provide access for the handicapped and shall be made to appear architecturally permanent. 8. No structures shall exceed one story or 16 feet in height. 9. The site plan shall reflect the preservation of as many existing trees as possible per the determination of the City's Zoning Administrator. 10. A zoning wall is not required; however, solid fencing may be required by the Zoning Administrator upon the finding that said fencing is necessary to protect adjacent land uses. 11 . A drainage plan shall be completed to the satisfaction of the City Engineer prior to or concurrent with the approval of the precise plan. And that a copy of this resolution be transmitted to the owners of the property and the City Council . C)' a PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 1984 by the following vote, to-wit: AYES: Commissioners Green, Cannon, Tugenberg and Carson NOES: none ABSENT: Shipe and O'Neill ABSTENTIONS: Guiles fl4L c 56)2›,___ Michael A. Green, Chairman Pro Tem ATTEST: Ruth M. Smith, Secretary WPC 1254P rn \\.............................. 7 oN cp"-t,.1,..-.'....-.....r.......: ,':: ':'•••:......'„e‘......$....:.....................,.........-,...,...!.0..:?.........4.::::: ............ SA �rn a .--1.:;".:-.A. .............. rn 73 :: T7 -AI a p L r Z ‘ ... i 2 9 11111 �L PALOMAR I' � � ST. • • North '— I I CASE No. PCZ- 85-A I HEREBY CERTIFY THAT THIS ZONING MAP ACREAGE: 4.07ac. WAS APPROVED AS A PART OF ORDINANCE 2088 BY THE CI Y COUNCIL ON OCT 23, 1984 � 1 LE 1 I"m 200' Ct.• .' ..4%/ 4, 4 II Li Zi-5- DATE: Nov. 4 , 1984 CITY CL RK DAT DRAWN BY:Hernandez CHECKED / -e._ ZONING MAP - • 414 HECKED BY' ( . ‘:t,‘ Ii:ev 041 ' - 4 R- M-H-P __ '� z . Mot3‘ I4tc ? v._ Rezone from R-3 to `r VA C. .. I•L•P 1 _ \ vA. - Ig) *_, .r ;ir V/°" '''� ed ' ` MF 1 f i : it 410 1 itillli 1 ,...0., Ailiopoisiatz _igio 1 r-7, ,,iG .l i�� � - Igo\ ® -.3f • ,q � � � v� Ilk \ ,P , VirAimil :f 1 I ' 4 ( Gardner /Gret/er LOCATOR /Apt za, ' PCZ-85-A ��� 4.07 ac. from R-3 to /-L NORTH 1 ' i ///// ' . W-5 - / • `g Z $ o� a. ' /`s . /. ss' 1014 4 / 4, - �y \ ) y • ,\\ \ •\t. Mir . AM" 4. S . ... \ \ \ INII• a°4` C AMINE,•� ��.e \ \ INV r . \ Iry��Ai ,4, �r i"AMAMI .` Sri Ally 5���r '�'', P=� �, /')1 s Amor 4-1Z U Afire S . , L ;. %. 4 ' -,,,,'''':41/ ` 6.4„.. , : i ow; .0 0,---r ......„ i O / / , ic - k ION v 4., �� �� --INT Ni ll \ - L___\ ___\_ \ , . . 'N. kre_,00 07 7.`-'-' i db v ?____L__:_i_____ -itgTALC fCYCCN I . i•: � pp0p05C0 IAN°SCAp/NO/ [pccnAy J l[■rf nN• ` FOCEWAY s u )STATC . 0 c 2 0 • 0 • v i. • 2ZN pz $o •"flV. y�eI� Q ii`R's-C• O � � yo�J yZ a_♦ 1 • t Y', CITY OF CHULA VISTA DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. cl LL C,QE't'l. L-17 40 1 f.),)• C.,092 OiuernL. List the names of all persons having any ownership interest in the property involved. ...4 t..) gLt=- el C.dg rtZAc Cea-1p. 2. If any person identified pursuant to ( 1) above is a corporation or partnership, list J the names of all individuals owning more than 10% of the shares in the corporation. or owning any partnership interest in the partnership. C— 2F*'e 1t e^c,rr i 7/1/r . 4J, C c, .4,0 V- lef.L r, f r;/L'c t'e1'A.. . P AAl L,J. C A o_.v/i1 r i ,J Al A/ !i, GA/ 424/,-'/c •-3. If any person identified pursuant to (1) above is a non-profit organization or a {� trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. !/d 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No If yes, please indicate person(s) Person is defined as: "Any individual, firm, copartnership, joint venture, association, iliFiT club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." TE: Attach additional pages as necessary.) • X('y S i 'rre o app(ic nt/date f cd WPC 0701P /aU� , A-110 Print or type name of applicant 1 Planning Commission -17- August 22, 1984 6. PUBLIC HEARING: PCZ-85-A - CONS_IDERATION TO REZONE 4.07 ACRES OF SDG&E . • 1• • • 1 ' � 1 - • 11 , • . 11 11. ■ / WALNUT AVENUE FROM R-3 TO I-L - GARDNER/GRETLER Commissioner Guiles cited a potential conflict of interest and left the dais and the meeting at 10:40 p.m. Principal Planner Lee stated the property, which is intended as a recreational vehicle storage area, is the westerly 4.07 acres of a 6.83 acre parcel owned by SDG&E and is vacant except for a transmission line tower and trees left over from 'a former tree farm. The site abuts the I-5 freeway to the west, a mobile home park to the north and the cul-de-sac that terminates Walnut Avenue southerly boundary. Directly to the south the area is zoned Light-Industrial . The applicant's request for rezoning is in keeping with the adjacent area to the south and is not in conflict with the General Plan. Permanent buildings are prohibited from the property because of the SDG&E transmission lines and tower. With its present zoning, the property is virtually unusable except for agricultural uses and certain limited unclassified uses. It cannot be used for residential and would have more utility if zoned for light industrial . The attachment of the "P" district will permit the establishment of development standards to ensure compatability with neighboring properties. The site currently accepts drainage runoff from Walnut Avenue and drains to the northwest onto the private street system of the adjacent mobilehome park and to an open culvert at I-5 freeway. The applicant will be required to address the on and off-site drainage impacts to the approval of the City Engineer. Staff is recommending approval . This being the time and the place as advertised, the public hearing was opened. Robert Crozer, 4215 Helix del Sur, La Mesa, R.K. Industrial Center, owner of property abutting the proposed project, stated that as the SDG&E had paid only a minimal amount for the footage right, the neighboring property owners should be reimbursed for the expense incurred by the recently completed 1911 Act if this project is permitted; the drainage question should be addressed; and the size of the cul-de-sac might not accommodate the turnaround of a mobile home. John Gardner, 753 Roca Road, Chula Vista, the applicant, said the drainage problem would be addressed; regular business hours would be maintained; and the cul-de-sac would accommodate a mobile home. Principal Planner Lee reminded the Commission that one of the conditions of approval stipulated that the drainage solution must meet the approval of the City Engineer; the cul-de-sac be examined by the City Traffic Engineer to adequacy of the turnaround. Oo Planning Commission -18- August 22, 1984 Ray Anton, 78 Trenton Avenue, cited the difficulty in accessing Palomar Avenue from Trenton and Walnut Avenues by normal vehicles; the amount of vehicular traffic on these streets, the quantity of on-street parking, the large number of children in the area, compounded by mobilehome traffic; and danger to mobilehome owners occupying the area under the transmission lines. He was informed by the Chairman that the project was intended for the storage of recreational vehicles and that no one would be living under the transmission lines. Principal Planner Lee reported that, after conferring with the Engineering _ Department, there is no way to require SDG&E to reimburse property owners for money expended on the 1911 Act improvements for Walnut. No one else wishing to speak, the public hearing was closed. MSC (Cannon/Carson) - Guiles abstained - to adopt Negative Declaration IS-85-3. MSC (Tugenberg/Carson) - Guiles abstained - that based on the findings in Section "E", to recommend City Council enact an ordinance to change the zone of the easterly 4.07 acres of the SDG&E property located on the east side of I-5 freeway and the northerly terminus of the 1100 block of Walnut Avenue from R-3 to I-L-P subject to the precise plan development standards with the additional condition that the site turnaround must be reviewed by the City Traffic Enaineer_