HomeMy WebLinkAboutAgenda Statement 1980/09/30 item 15 COUNCIL AGENDA STATEMENT
Item --6-f--4a--
3d -
Meeting Date 9/.x/80
Public hearing -Consideration of an application to rezone 7.78 acres on the east
ITEM TITLE: side of Nacion Avenue, north of Telegraph Canyon Road, from R-1 to R-3-P-23
Ordinance /03 - Amending the zoning map to change the zone of 7.78 acres on
the east side of Nacion Avenue, north of Telegraph Canyon Road from R-1 to
R-3-P-12
SUBMITTED BY: Director •of Planning im, (4/5ths Vote: Yes No X )
A. BACKGROUND: SECOND READING AND ADOPTION
1 . The applicant, Dale Building Company, is requesting a change of zone for 7.78 acres
of property located on the east side of Nacion Avenue, north of Telegraph Canyon Road and
adjacent to the I-805 freeway, from R-1 (single family residential) to R-3-P-23 (multiple
family, 23 units per acre subject to a precise plan) .
2. The Environmental Impact Report, EIR-80-2A, on this project was certified by the
Planning Commission on August 27, 1980, and has been previously forwarded to City Council .
3. The subject property has a rather long and complicated history. The site was
approved for rezoning from R-1 to C-V-P in 1970. However, the zoning was not to become
effective until such time as a precise plan was filed. Since a plan has never been filed,
the site presently remains R-1 . In addition, the City Council recently amended the General
Plan establishing a density range of 13-26 dwelling units per acre for the 7.78 acre site
(101-202 units).
B. RECOMMENDATION:
Adopt a motion to approve a change of zone from R-1 to R-3-P-15 subject to the precise
plan guidelines outlined in resolution PCZ-80-E.
C. PLANNING COMMISSION RECOMMENDATION
On August 27, 1980 the Planning Commission voted 5 to 1 to recommend that the City
Council approve a change of zone for the subject property from R-1 to R-3-P-12 in accord-
ance with resolution PCZ-80-E.
D. DISCUSSION
1 . Adjacent zoning and land use:
North R-1 Single family dwellings
South C-N Retail commercial
East - I-805 freeway
West R-1-P Single family dwellings
2. Existing site characteristics.
The subject property is a vacant parcel which has been previously graded (borrow pit) .
The grading has resulted in the property sloping gently from north to south with the
exception of 2:1 slopes located along portions of the northerly property line, as well
as the 30 foot high slope located on the eastern side of the lot. An improved open drain-
age channel extends across the full width of the southerly portion of the property. The
westerly 173 feet of the channel is a covered box culvert. The drainage easement is 60
feet wide adjacent to the freeway, narrowing slightly to 50 feet at Nacion Avenue. The
channel itself takes up approximately 45 feet of the easement and is fenced by a chainlink
fence.
Form A-113 (Rev. 11/79)
EXHIBITS
Agreement Resolution Ordinance X Plat 2 Notification List
Res. PCZ-80-E
OtherRes. EIR-80-2A ENVIRONMENTAL DOCUMENT: Attached Submitted on
JvHnutac of Planning Commission
Meeting of Aug. 27, 1980
Page 2, .Item
D
Meeting Date 9/x/80
3. Acreage breakdown.
The subject property contains 7.78 net acres with its gross acreagenca2culatedeatand
8.32 acres (computing to the cen�oximatelof2N21iacresenleaving approximately 5.57 acres
the drainage channel take up approximately
of net usable land.
4. General Plan.
In February 1980, the City Council approved an amendment to the General Plan changing
from Visitor Commercial to High Density
the land use designation on the subject property
Residential , 13 to 26 dwelling units per
Density acre.
Residentealla4ntog12odwelling unditse recom-
mended mended a land use designation of Me dium
gross acre. The residents in the immediate area expressed considerable opposition to
the High Density Residential classification.
5. Proposed development.
a
The applicant has submitted a site plan
The project has depic
beentsubmittedrtoetheaDesign
density of 23 dwelling units per acre.
Committee as that review should await a determination of the zoning so that the
permitted density is known.
The applicant's plan proposes 171 units consisting ofttwohendwthree story structures
with the majority of the buildings being three story.
buildings would be set back a minimum 30ee from Nc Avenue. i ti
buildings are not parallel to the s ge hfrontyadsetbacksare Because
arablewth
portions of the building near the southerly end of the site located 60 feet back from
the street.
6. The Environmental Control Commission, in its review of the project, was of the
opinion that the development was incompatible witffthe adjoininglsinglelfamily idevelop-
ment. In addition, the resulting increase in
capability of the streets to accommodate,i�ould behaas"degradationof��the
eequality
f fhlife
for existing residents adjacent to and ut 9
considerations, the Environmental Control Commission concludedathatatthe proposed density
should be at the lower end of the range permitted
D. ANA LYSIS
of
1 . As mentioned earlier in this the aisesubtracted
7.78 acres. However, once the area of slopes
171
from the net acreage, the property is reduced to a usable area of 5.57 acres units e per
units proposed on the property would resuls3lyunitspper acre on the net usable
net acre (171 s 7.78) and a density of approximately
area. The gross density using the center line t
of the densityhtthe more
majority of
units per acre (171 _ 8.32) . In order to achieve
buildings are proposed to be three stories inheeig1t. In es adddition, theep plan orer
that parking will be located in the viciroimately 17 feet in height.
which would require a retaining wall approximately
Page 3, Item -
30
Meeting Date 9/23/80
2. In my judgment a multiple family development on this site can be made most
compatible with the adjacent single areas storylbuwldings
the Nacion frontage is entirely single story,
toward the center and easterly portions of the property.
3. It has been the department's the 17120ion-
ship between open space, buildings parking, is no to
DU/net acre is reasonably compatibmelwith
arnwillingly accept thisadensityt butsfromhat gle family areas.
residents of such single family family areas
an overall building massing perspective such a development, if provided with adequate
setbacks, does not overwhelm a single family area.
4. The preceding paragraph notwithstanding, there are other factors besides density
which determine the compatibility oa multiple family development with an adjacent
single family area. These factors fr
a. Size of the multiple family dwellings;
b. Architectural treatment;
c. Offstreet parking arrangement.
Should the applicant elect to enlarge the units and provide parking within garages or
carports attached to each unit, a density DDU/acre louldtbe crowded.
wd inMthrecom-
mendation for density and setbacks is based on
applicant's plan. A change in that plan mrovall"lg.cboin Planning Com�nission changes
resolution
the density. Recommended condition of approval
addresses this problem.
5. The Planning Commission has recommended aomaliimumudensityrofe12 usable its per
erenet
acre, which results in 93 units on the property,
the
This density is acceptable to me but I lower
unhts in conformancenwith the
property. The R-3-P-15 density will provide additional
General Plan density range established for this area without adversely affecting the
adjoining single family residential uses.
6. The Planning Commission's recommendation includes the establishment of three
guidelines for development under the "P" Modifying the t
ingDisrt. The most significant nteof
these from the standpoint of compatibility with single
No. 1 which limits buildings must be setoback 15 height.
buildings, or portions of buildings, portions must be set
portions of buildings must be set back 30 feet and three story p
back 60 feet.
7. It is my recommendation that an or a
additional development
rates ep afi`o
mrdable by families
ine be included
to require that 3% of the units be s old r
earning no more than the median family inccoomeeinoSaniDDiegofCounty,as deter inedfbsuththe
Federal Government. Such units y P
provisions, fees equivalent to 3% of the market value of the project must be paid into
a fund earmarked for the provisionolat the moderate Council Conferenceconsis-
tent with my recommendation to Council
inclusionary housing.
by the City Council of by the City,C,ouncil of
Chula Vista, California Chub Vista California
.
— - �
RESOLUTION NO. EIR-80-2A
RESOLUTION OF THE CITY PLANNING COMMISSION
CERTIFYING AN ENVIRONMENTAL IMPACT REPORT
WHEREAS, Dale Construction Company applied for a zone change for the
property located between Nacion Avenue and I-805, north of Telegraph Canyon
Road, which was the subject of a previous environmental impact report and
General Plan Amendment, and
WHEREAS, the previous environmental document, EIR-80-2, specified that
potentially significant environmental impacts would be the subject of subse-
quent environmental analysis, and
WHEREAS, the Environmental Review Section of the Planning Department
prepared a supplemental environmental impact report, EIR-80-2A, on the proposed
project, and
WHEREAS, the draft environmental impact report was issued by the Environ-
mental Review Committee on June 3, 1980, and
WHEREAS, legal notice of the availability of the draft environmental
impact report was given to property owners in the vicinity of the project by
direct mail and published in a newspaper of general circulation on July 10, 1980,
and a notice of completion was filed with the Secretary for. Resources of the
State of California, and
WHEREAS, the Planning Commission held a public hearing on the adequacy of
the draft environmental impact report on July 13, 1980 and the public hearing was
thereafter closed, and
WHEREAS, the Environmental Review Section of the Planning Department
prepared the final environmental impact report, including responses to the testi-
money presented in the public hearing and modifications to the draft environmental
impact report.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
From the facts presented to the Planning Commission, the Commission finds
that EIR-80-2A has been prepared in compliance with the California Environmental
Quality Act of 1970, as amended, and the Environmental Review Policy of the City
of Chula Vista, and hereby certifies that the Commission has reviewed and con-
sidered the information in the environmental impact report.
PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA
this 27th day of August, 1980, by the following vote, to-wit:
RESOLUTION NO. PCZ-80-E
RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE
CITY COUNCIL A CHANGE OF ZONE FROM R-1 TO R-3-P-12 FOR 7.78 ACRES
LOCATED EAST OF NACION AVENUE, NORTH OF TELEGRAPH CANYON ROAD
WHEREAS, a duly verified application for rezoning was filed with the
Planning Department by Dale Building Company on February 12, 1980, application
No. PCZ-80-E, and
WHEREAS, said application requested the change of zone for 7.78 acres
located east of Nacion Avenue, north of Telegraph Canyon Road, to R-3-P-23, and
WHEREAS, a draft environmental impact report on the proposed project was
issued by the Environmental Review Committee on June 3, 1980, and
WHEREAS, the City Planning Commission set the time and place for a hearing
on said change of zone and notice of said hearing, together with its purpose,
was given by 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 the time and place as advertised, namely
7:00 p.m. , August 27, 1980, before the Planning Commission and said hearing was
thereafter closed, and
WHEREAS, the Planning Commission certified environmental impact report,
EIR-80-2A on the project.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1 . From facts presented to the Commission, the Commission finds that public
necessity, convenience, general welfare and good zoning practice require the change
of zone from R-1 to R-3-P-12 for 7.78 acres located east of Nacion Avenue, north
of Telegraph Canyon Road, subject to the following precise plan guidelines:
a. The buildings closest to the Nacion frontage shall be limited to
single story or 15 feet in height. One story portions of buildings
shall be located at least 15 feet from the front property line, two
story portions must be at least 30 feet back, and three story
portions shall be at least 60 feet back.
b. The driveways shall be aligned opposite the streets which connect to
Nacion Avenue; in addition, one driveway shall be allowed north of
Corte Nacion.
c. The Design Review Committee shall review the applicant's plans from
the standpoint of making the development as compatible as possible
with the nearby single family areas; if the plan is revised substan-
tially to the detriment of the objective of compatibility, the
Design Review Committee may limit the density to less than 12 units
per net acre.
2. Findings in support of the application of the "P" Modifying District
are as follows:
a. 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 prove incompatible:
The attachment of the "P" Modifying district will regulate the
density of the property to be developed at a range which will be
compatible with the neighboring single family area.
b. The basic or underlying zone regulations do not allow the property
owner and/or the City appropriate control or flexibility needed to achieve an
efficient and proper relationship among the uses allowed in the adjacent zones:
The recommended special building setbacks and height limitation will
result in development which is compatible with the adjoining residen-
tial uses.
3. The Planning Commission recommends to the City Council that said change
of zone from R-1 to R-3-P-12 be approved.
4. That this resolution be transmitted to the City Council and a copy be
transmitted to the applicant.
PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA
this 27th day of August, 1980 by the following vote, to-wit:
AYES: Commissioners G. Johnson, O'Neill , Stevenson, Pressutti and Williams
NAY: Commissioner Smith
ABSENT: Commissioner R. Johnson
i
Chairman
ATTEST:
/ ecretary
`�'3. PUBLIC HEARING: PC7-,1C-E - Request to rezone 7.78 acres on the east side of
,,f1" Nacion Avenue, north of Telegraph Canyon Road, from R-1 to
R-3-P-23 - Dale Building Company
Director of Planning Peterson reported this is a request to rezone a parcel just
under, 7.3 acres, which backs up to 1-805 and has frontage along Nacion Avenue.
About 2', acres of the property is devoted to the slope bank near 1-805 and to the
drainage easement at the southerly edge of the property, so that the actual usable
area is about 51; acres. The density requested by the developer would amount to
about 31 units per acre of usable area.
When a General Plan amendment for redesignation of this property from Visitor
Commercial to residential was considered last fall , the Planning Commission
recommended low density residential, 4-12 units per acre. After considerable debate
in a hearing before the City Council , the Council amended the General Plan to change
the designation to "Residential , 13-26 units per acre."
Mr. Peterson called attention to the development plan the applicant submitted with
the rezoning request. He felt it is a good site plan and the elevations of the
buildings are very attractive, however, due to the close proximity of single family
development he could not support the density that is requested, which would result
in 171 dwelling units on the site. He affirmed that the site is well located for
medium density residential multiple family development, and that with height limitations
and setback requirements such development could be attractive and also compatible
with the single family neighborhood.
Mr. Peterson recommended that the zoning be established at R-3-P-15, subject to
adoption of three guidelines relating to building heights, setbacks and driveway
alignments. He pointed out the guideline requires 15 foot setback from Nacion
for single story or 15 foot high portions of buildings, 30 foot setback for two
story portions and 60 feet for three story portions. The recommended density of
15 units per acre is based on the type and size of units proposed by the developer.
If larger units and a different parking arrangement are introduced into the plan
at the design review stage, it may be necessary to further limit the density to
avoid overcrowding the site.
Mr. Peterson acknowledged the receipt of two petitions expressing opposition to
the rezoning; one bearing 261 signatures representing 175 households, opposing
any development in excess of 8 units per acre, the second petition containing
13 signatures, representing 6 households, bases opposition on the increase in
traffic and noise.
This being the time and place as advertised, the public hearing was opened.
D. D. Boerner, 163 Camino Entrada, expressed the opinion that the density requested
is too high based on the developer's request for 171 units and the Planning Director's
recommendation of 116 units on slightly less than 8 acres, when this is compared
with a total of 162 single family homes on slightly less than 40 acres in the
development just west of Nacion. He contended that the 48% increase in peak morning
traffic, at the time children are walking to school , would result in unsafe conditions.
He recommended that development be limited to 6 to 8 units to the acre. He concurred
that the "P" zone is prerequisite in the development of the property.
Richard Haenel , 736 Nacion Avenue, contended that the anticipated increase in traffic
on Nacion would result in increased back-up of vehicles at the intersections, which
he considers undesirable even at the present time.
Dick Brown, representing the applicant, advised of their intent to use retaining
walls along the slope area to increase the net usable area of the site. He pointed
out the EIR indicates a traffic level of B even after 171 units are built on the
site and that is a good service level. With reference to schools, he reported
that the districts are experiencing declining enrollment and are more concerned
over financial matters for operation of the schools than over the need to construct
new school facilities.
Mr. Brown asserted that with their requested density they could meet the criteria
for development as recommended by the staff. He asked that consideration be given
to the critical housing shortage in the area in determining the appropriate density
of the zoning.
Richard Sterba, 770 Nolan Avenue, commented on the increase in traffic through that
residential neighborhood as a result of extending Nacion Avenue through; the noise
of traffic coming up Nacion is audible at his home two blocks away.
Betty Campbell , 737 Nacion, .poke of the difficulty she has exiting from her
driveway; the grade of the street and a curve make visibility very limited.
Clete Wise, 800 Nacion Avenue, noted that residential lots in this city are so
small, children play on cul-de-sacs or other residential streets and increased
traffic makes it unsafe for those children, as well as children going to and from
school.
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CASE NO. PCZ - 80-E I HEREBY CERTIFY THAT THIS ZONING MAP
ACREAGE 8.32 ac. WAS APPROVED AS A PART OF ORDINANCE
1923 BY THE CITY COUNCIL ON SEPt.30.1980
SCALE: I"=200' /
DATE. NOV.10 '1980 - i«i_ // Of. _ i « L 80
Taw, CITY CLERK DATE
DRAWN BY1;: %/
CHECKED 8Y: - ZONING MAP 385
August 6, 1980
300 Corte Nacion
Chula Vista, Ca. 92010
mayor Will Hyde,
Planning Department
Chula Vista City Council
14th and F Streets
Chula Vista, Ca. 92010
To Whom It May Concern,
As a resident of the Hilltop Vista Development and living in close
proximity to Nacion Avenue just north of Telegraph Canyon, we want to
tell you how we feel regarding this proposed high density development
considered for this immediate area.
We checked out your Environmental Impact Report from the Chula Vista
Library and studied it over quite closely. We are opposed to the high
density development. We feel that the only one to benefit from approving
the maximum units per acre is the builder - certainty not the residents
already living in the adjacent areas. Even though all projected traffic
and school concerns do not seem to exceed safety limits, why must it be
pushed as high as will result from the high-density project.
Could not the zoning be changed to build single-family dwettlings
there? That would harmonize with the single-family homes just north of
the proposed site as well as those built directly across the street.
Or if multiple dwellings are the only alternative available, why not
only approve for low density housing?
Nacion Avenue in this area is a main elementary school route to
Falecrest School and more traffic is not needed here. Cars driving
south on Nacion from 'J' Street come down that hill at a rapid rate of
speed and this hazard is increased because there is a curve on Nacion
from East Milan to Camino Vista Real which makes it very difficult to
see very Car ahead. Therefore, it is already difficult to safely cross
Nacion or pull out in one's car in this area. We feel that high-density
building in this area would only compound this already existing safety
problem.
Single family dwellings or low-density housing would be fax more
tolerable and acceptable to the home owners in the associated areas.
We are the people already living here - the residents of Chula Vista
requesting that our desires be carefully considered.
My husband and I will be unable to attend the August 13th, 7 p.m.
hearing scheduled to consider this proposal as we will be out-of-town.
Please consider our request that high-density housing NOT be approved.
Instead please consider single-family dwellings or low density housing.
Thank you,,2_,
),,{ 4
Mr. and Mrs. Dale B. Kome
TO : Mayor William Hyde
City Council Members
City Planning Department
FROM: Michael A. Hendrickson, Patricia E . Hendrickson, et al
SUBJECT: OBJECTION TO THE PROPOSED ZONE CHANGE FROM R1 TO R3 ( 23)
ON CORNER OF NACION AND TELEGRAPH CANYON RDS .
We will be unable to attend the August 13 Council Meeting
to voice our objections to the proposed zone change, and wanted
to let you know that we strongly oppose a change in zoning and
ask you not to approve said change in zoning, and consider our
letter since we cannot appear in person.
As concerned parents we feel that to approve such
additional units ( such as density apartments or condo° s) would
cause many problems for our neighborhood. First, the school is
already overcrowded and secondly the traffic congestion and
hazards would be tremendous on this corner.
Also concurring with our objection are the following
neighbors from E. James Court , running off NacIion St .
NAME / �j� ADDRESS 1 V
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RECEIVED
AUG 00 1980 291 Camino Vista Real
Chula Vista, Ga. 92010
PLANNING DEPARTMENT 6 August 1980
CHULA VISTA, CALIFORNIA
City of Chula Vista
Attention: Planning Commissioner
276 Fourth Ave. , Chula Vista, Ca.
92010
Dear Commissioner:
Subject: EIR 80-2A
Enclosed is a petition signed by property owners and residents
of the area within reasonable distance of the project site
indicated in the referenced EIR. Although total numbers seem
insignicant those signatures represent 2 61 petitioners out of
265 people contacted personally - or 98 .49 percent of the
people contacted. Two of those contacted were either related
to the Gersten family or were associated with the Developer.
Please be advised that it is the intenti4p - of the undersigned
to oppose the Zone Change proposed in t1e subject EIR. There
are significantreasons to recommend that the proposed plan
be invalidated and the site remain R-1 zoning, or consideration
to develop/ the property within the bounds of R-2 zoning with
a limit of 6 to 8 units per acre. The specfici areas and
reasons for considering this opposition will be made by
several representatives of the opposing group.
In the interim, if not inconvenient to the members of the
Commission, it is recommended that they visit the intersection of
"L" Street, Telegraph Canyon Road, and Nacion during the period
of 5 - 5:30 PM on any week-day to become familiar with the
projected impact of high density housing, the single family
residences to be affected, and see for themselves the problems
of traffic and safety involved - only two of the signicant
items to be discussed with the Commission.
If any specfic information is desired by the Commission prior to
the hearing, the undersigned will attempt to provide such informa-
tion prior to the meeting of 13 August 1980 .
Very respectfully,
auline Valk
WE THE UNDERSIGNED RESIDENTS , PETITION THE CITY OF CHULA VISTA
CITY COUNCIL AND THE CITY PLANNING DEPARTMENT IN OPPOSITION
TO HIGH DENSITY APARTMENT DEVELOPMENT PROPOSED ON THE SITE
WEST OF HIGHWAY 805 AND NORTH OF TELEGRAPH CANYON ROAD OF
APPROXIMATELY EIGHT ACRES . THE UNDERSIGNED RESIDENTS ARE
OPPOSED TO ANY APARTMENT/CONDOMINIUM DEVELOPMENT IN EXCESS OF
EIGHT UNITS PER ACRE. THE UNDERSIGNED PETITIONERS ARE RESIDENTS
WITHIN CLOSE PROXIMITY OF THE PROJECT--LESS THAN ONE-HALF MILE.
NAME(PRINTED) NAME(SIGNATURE) ADDRESS TELEPHONE#
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