HomeMy WebLinkAboutPlanning Comm Rpts./2002/08/14
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
6:00 p.m
Wednesday, August 14, 2002
Council Chambers
276 Fourth Avenue, Chula Vista,CA
CALL TO ORDER: O'Neill
Castaneda Hall Cortes Madrid McCann
Horn
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES:
June 12, 2002 and July 10, 2002
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on any
subject matter within the Commission's jurisdiction but not an item on today's agenda.
Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: PCA 02-05; Consideration of adoption of an ordinance amending
the Chula Vista Municipal Code by adding Chapter 19.89 relating to
the location, design and construction of wireless communication
facilities.
Project Manager: Kim Vander Bie, Associate Planner
2. PUBLIC HEARING: PCZ-02-04; Request to amend the City of Chula Vista Zoning Map
by rezoning 1.62 acres of land in Otay Ranch Village Two from the
Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone
for the purpose of constructing a 12,000 square-foot Fire Station
(City of Chula Vista Fire Station #7) as a necessary public facility
for the Otay Ranch development and the City of Chula Vista.
Applicant - The City of Chula Vista
Project Manager: Rich Whipple, Associate Planner
3. PUBLIC HEARING: PCC 02-20; Conditional Use Permit for a 1.196 sf Granny Flat as an
accessory second unit in a Single-Family Residence (R-1) zone.
The unit will be situated behind an existing single-family dwelling
located at 437 Elm Street. The second unit is in compliance with
State government code regulations 65842.2(b)(1 )(A)-(l) for cities
without adopted accessory second unit ordinances.
Project Manager: Michael Walker, Associate Planner
Planninj\ Commission
- 2-
AUj\ust 14, 2002
DIRECTOR'S REPORT:
. Update on Otay Ranch Resource Management Plan Amendment.
. Nomination of new Planning Commission Chair for FY 02-03.
COMMISSION COMMENTS:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance
for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at
585-5647. California Relay Service is also available for the hearing impaired.
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date:
1
8/14/02
ITEM TITLE:
Public Hearing: Proposal to adopt Resolution No. PCA-02-05
recommending that the City Council adopt an ordinance amending the
Chula Vista Municipal Code by adding Chapter 19.89 relating to the
location, design and construction of wireless communications facilities.
With the proposed wireless communications facilities ordinance, the City ofChula Vista wishes to
regulate the location, design and construction of such facilities in the city in order to serve, protect
and promote the public health, safety and welfare, and to preserve and enhance the aesthetic qualities
of the City of Chula Vista, as set forth in the Goals, Objectives and Policies ofthe General Plan.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality (CEQA) and has determined that the activity is not a "Project'. as
defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section
IS060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary. Future wireless communications facilities proposed under this
ordinance will require environmental review in accordance with CEQA.
RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCA-02-
05, recommending that the City Council adopt the attached draft ordinance amending the Chula Vista
Municipal Code by adding Chapter 19.89, Wireless Communications Facilities.
BACKGROUND:
In preparation for writing a wireless ordinance for the City ofChula Vista, Planning staff extensively
researched wireless ordinances from other municipalities and conducted two workshops (on October
18,2000 and January 24, 2001) with the Planning Commission and representatives ofthe wireless
communications industry. The workshops provided a forum to discuss issues such as needs,
limitations and progress in the industry, and to seek input for potential guidelines and requirements
in a future ordinance.
As a result of the workshops, there appeared to be a general consensus between Planning staff, the
Planning Commission and industry representatives that the City's existing wireless policy should be
streamlined to simplify and expedite processing applications for wireless communications facilities.
(Currently, all new structures for wireless communications facilities are required to go to both
Planning Commission and City Council.) Staff and the Planning Commission also felt that it was
particularly important that performance and design standards of such facilities not be compromised
in the process.
Page 2, Item:
Meeting Date: 8/14/02
On October 24, 200 I Planning staff met with the Planning Commission to summarize the proposed
wireless ordinance that staff had drafted. The Planning Commission had no suggested changes at
that time.
Since then, the draft ordinance has been reviewed by the city attorney's office, and their changes
have been incorporated.
ANALYSIS:
The purpose of the ordinance is to "assure that wireless communications networks are completed
with the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on
neighborhoods and communities within the City of Chula Vista."
The proposed ordinance is consistent with several aspects of the existing wireless policy, including:
. Conditional Use Permits are required for all wireless communications facilities.
. Wireless communications facilities are allowed in any zone, but the location of a facility may
be denied if it would be detrimental to the public's health, safety or welfare.
. All proposed wireless communications facilities are noticed.
. Stealth facilities that are building- or surface-mounted directly to a building, to the fa<;ade of
a building, or to the side of another structure such as a water tank, church steeple,
freestanding sign, streetlight, or similar structure, but not the roof of any structure, may be
processed administratively by the City's Zoning Administrator (rather than through Planning
Commission and City Council public hearings, as the current wireless policy requires).
The proposed ordinance streamlines the existing wireless policy by also allowing the following to be
processed administratively by the City's Zoning Administrator:
. Stealth facilities that do not exceed the maximwn building height allowed in a particular
zone, and a roof-mounted facility that is screened behind a solid material on all four sides
and does not exceed the maximum height of the zone. (Note: Stealth facilities may include
artificial trees, such as monopalms and monopines.)
CONCLUSION:
Staff believes the proposed wireless communications facilities ordinance fulfills the objective of
streamlining current processing procedures of wireless communications facilities applications
without compromising performance and design standards of such facilities. Therefore, staff
recommends that the Planning Commission approve Resolution PCA-02-05, recommending that
City Council adopt the attached draft ordinance amending the Chula Vista Municipal Code by adding
Chapter 19.89, Wireless Communications Facilities.
RESOLUTION NO. PCA-02-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING THE CHULA VISTA MUNICIPAL CODE BY
ADDING CHAPTER 19.89 RELATING TO THE LOCATION, DESIGN
AND CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS
FACILITIES
WHEREAS, the City wishes to regulate the location, design and construction of
wireless telecommunication facilities in Chula Vista in order to serve, protect and
promote the public health, safety and welfare, and to preserve and enhance the
aesthetic qualities of the City of Chula Vista, as set forth in the Goals, Objectives and
Policies of the General Plan; and
WHEREAS, the City believes that wireless telecommunications networks should
be completed with the fewest possible facilities, in the least visible fashion, and with the
least disruptive impact on neighborhoods and communities within the City of Chula
Vista, while concurrently allowing for the orderly and efficient development of a wireless
telecommunication infrastructure in accordance with the federal Telecommunications
Act of 1996; and
WHEREAS, the Planning and Building Director set the time and place for a hearing
on said ordinance, and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City at least 10 days prior to the
hearing; and,
WHEREAS, the hearing was continued from July 10, 2002 to July 24, 2002, and
then to August 14, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission, and said hearing was thereafter closed; and,
WHEREAS, the Planning Commission considered all reports, evidence, and
testimony presented at the public hearing with respect to the ordinance; and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the
State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary. Future wireless telecommunications facilities proposed under this ordinance
will require environmental review in accordance with CEQA; and,
WHEREAS, from the facts presented, the Planning Commission hereby
determines that the Wireless Telecommunications Facilities Ordinance (hereinafter
"Ordinance") is consistent with the City of Chula Vista General Plan and local, state, and
federal law, and that the public necessity, convenience, general welfare and good
zoning practice support the requests.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council adopt the attached Ordinance amending
the Chula Vista Municipal Code to regulate the location and design of wireless
telecommunications facilities in accordance with the findings and subject to the
conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 14th day of August, 2002, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kevin O'Neill, Chair
Diana Vargas, Secretary
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 19.89
RELATING TO THE LOCATION AND CONSTRUCTION OF WIRELESS
TELECOMMUNICATION FACILITIES
WHEREAS, the City wishes to regulate the location, design and construction of
wireless telecommunication facilities in Chula Vista in order to serve, protect and
promote the public health, safety and welfare, and to preserve and enhance the
aesthetic qualities of the City of Chula Vista, as set forth in the Goals, Objectives and
Policies of the General Plan; and
WHEREAS, the City believes that wireless telecommunication networks should be
completed with the fewest possible facilities, in the least visible fashion, and with the
least disruptive impact on neighborhoods and communities within the City of Chula
Vista, while concurrently allowing for the orderly and efficient development of a wireless
telecommunication infrastructure in accordance with the federal Telecommunications
Act of 1996; and
WHEREAS, there is a general consensus between City staff, the Planning
Commission and wireless industry representatives that the City's existing wireless policy
should be streamlined to simplify and expedite processing applications for wireless
telecommunications facilities; and
WHEREAS, to streamline the process, this Ordinance sets forth specific design
and operation standards and allows certain visually unobtrusive wireless
telecommunication facilities to be processed administratively by the City's Zoning
Administrator; and
WHEREAS, the City Planning Commission considered all reports, evidence, and
testimony presented at the August 14, 2002 public hearing with respect to this
Ordinance and voted to recommend its adoption; and
WHEREAS, the Environmental Review Coordinator has reviewed this Ordinance
for compliance with the California Environmental Quality (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines
the activity is not subject to CEQA and no environmental review is necessary -
although, future wireless telecommunications facilities proposed under this ordinance
will require environmental review in accordance with CEQA; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain:
Ordinance
Page 2
SECTION I. That Chapter 19.89 of the Chula Vista Municipal Code is hereby added
to read as follows:
Chapter 19.89
WIRELESS TELECOMMUNICATION FACILITIES
Sections:
19.89.010
19.89.020
19.89.030
19.89.040
19.89.050
19.89.060
19.89.070
19.89.010
Purpose
Scope
Definitions
Permit processing
Development criteria
Variance
Abandonment
Purpose.
The purpose of these regulations and guidelines is to assure that wireless
telecommunication networks are completed with the fewest possible facilities, in the
least visible fashion, and with the least disruptive impact on neighborhoods and
communities within the City of Chula Vista. The regulations set forth in this chapter are
adopted to serve, protect and promote the public health, safety and welfare, and to
preserve and enhance the aesthetic qualities of the City of Chula Vista, as set forth in
the Goals, Objectives and Policies of the General Plan, while concurrently allowing for
the orderly and efficient development of a wireless telecommunication infrastructure in
accordance with the federal Telecommunications Act of 1996.
19.89.020
Scope.
This chapter shall apply to all wireless telecommunications facilities anywhere in
the City of Chula Vista.
19.89.030
Definitions.
Unless otherwise stated, the following definitions pertain to this chapter:
Antenna. A device or system of wires, poles, rods, dishes or other devices of
similar function, used for the transmission and/or reception of radio frequency signals
for wireless telecommunications, as described in the Telecommunications Act of 1996.
Ordinance
Page 3
Antenna array. A set of one or more whips, panels, discs or other devices used for
the transmission or reception of radio frequency signals as part of a wireless
telecommunications system. It may include an omni-directional antenna ("ship"), a
directional antenna ("panel") and parabolic antenna ("disc"). It does not include the
support structure.
Cellular. An analog or digital wireless telecommunications technology that is
based on a system of interconnected neighboring transmission and/or reception sites.
Co-location. The use of a common wireless telecommunications facility or
common site by two or more service providers, or use by one provider of a single site
for two or more technologies. It is also called "site sharing."
Equipment facility. Also called "equipment", "equipment enclosure" or "cabinet".
Any structure or device used to contain ancillary equipment for a wireless
telecommunications facility, such as cabinets, shelters, additions to existing structures,
pedestals, and other devices serving similar purposes. Typically, it includes an air
conditioning unit, a heating unit, electrical supply, telephone hook-up and back-up
power supply.
Fac;:ade-mounted antenna. Also called "building-mounted" or "surface-mounted".
An antenna that is directly attached to a building, to the fac;:ade of a building, or to the
side of another structure such as a water tank, church steeple, freestanding sign,
streetlight, or similar structure. An antenna attached to the roof or top of a structure is
not a fac;:ade-mounted.
Ground-mounted. Mounted to a pole, monopole, tower, or other freestanding
structure specifically constructed for the purpose of supporting an antenna.
Lattice tower. A self-supporting structure which consists of cross-bracing of
structural steel to support antennas and related transmission equipment.
Monopole. A structure composed of a single spire, pole (including flag poles), or
tower used to support antennas or related wireless telecommunications equipment.
Mounted. Attached to or supported by.
Personal Communications Service (PCS). Digital, low-power, high frequency
commercial wireless radio communication technology that has the capacity for multiple
communications services and the routing of calls to individuals, regardless of location.
Roof-mounted. Mounted above the eave line of a building or structure.
Stealth Facility. Any wireless telecommunications facility that is designed to blend
into the surrounding environment, and is visually unobtrusive. Examples may include
architecturally screened roof-mounted antennas; fac;:ade-mounted antennas painted and
Ordinance
Page 4
treated as architectural elements to blend with the existing building, thereby concealing
the antenna; or artificial trees, such as monopalms and monopines.
TCA. The federal Telecommunications Act of 1996.
Telecommunications. The transmission, between or among points specified by the
user, of information of the user's choosing (including voice, data, image, graphics, and
video), without change in the form or content of the information.
Wireless telecommunications facility. Also called "wireless facility" or "facility". A
facility consisting of any commercial antenna, monopole, microwave dish, and/or other
related equipment (including software) necessary for the transmission and/or reception
of cellular, personal communication service, and/or data radio communications, and
which has been granted a Certificate of Public Convenience and Necessity, or a
Wireless Registration Number by the California Public Utilities Commission, or
otherwise provides wireless telecommunications services to the public.
19.89.040
Permit processing.
A conditional use permit (CUP) as provided for in this Title is required for all
wireless telecommunications facilities. Conditional use permit applications for wireless
telecommunications facilities that are not to be co-located shall contain a written
statement that a good faith effort was made to attempt co-location at another site. The
following wireless telecommunications facilities applications may be processed
administratively by the city's zoning administrator: stealth facilities that do not exceed
the maximum building height allowed in a particular zone; facilities that are fac;:ade-
mounted and do not exceed the height of the parapet wall or roof line of the building; or
a roof-mounted facility that is screened behind a solid material on all four sides and
does not exceed the maximum height of the zone. All other wireless
telecommunications facilities applications for conditional use permits shall require public
hearings with the City of Chula Vista Planning Commission.
A denial of any application for a wireless telecommunications facility shall be based
on the grounds of safeguarding the public's health, safety or welfare: be in writing: and
set forth findings specifying the evidence for such denial.
19.89.050 Development criteria.
The following is development criteria for all wireless telecommunications facilities
located within the city:
A. Design standards.
1. Height. Wireless telecommunications facilities are subject to the height
limitation stipulated in this Title and shall be as short as technologically
feasible. Notwithstanding the application of such height limitations, the
Ordinance
Page 5
planning commission (but not the zoning administrator) may allow stealth
design facilities to exceed the zone district height limit upon a specific
finding that the proposed height is the only technologically feasible
option for providing service to an area.
2. Stealth technology and design. Wireless telecommunications facilities
shall utilize all practical means to conceal or minimize the visual impact
thereof, including:
a. Smallest technology. The facility shall use and maintain the
physically smallest practical devices to achieve the needs of the
wireless telecommunications network.
b. Most efficient technology. The facility shall use and maintain the
most efficient devices to achieve the needs of the wireless
telecommunications network. In this context, "most efficient"
means using the smallest number of facilities needed to achieve
the needs of the network.
c. Stealth design. The facility shall be designed to be visually
unobtrusive and blend into the surrounding area in a manner
compatible with the local community character. Sites shall be
maintained in good repair and appearance, and, to the extent
possible, shall be improved and upgraded on a regular basis. Any
proposed change that deviates from the original approval shall be
submitted to the city's for over-the-counter review and approval.
3. Parking displacement. Wireless telecommunications facilities shall not
reduce available parking space below that which is required by
applicable zoning laws.
4. Setbacks. All components of all wireless telecommunications facilities
shall meet the setback requirements of the zoning district in which it is
proposed to be located.
5. Colors and materials. Colors and materials shall be chosen to minimize
visibility. All externally visible elements of a facility, including the
antenna and supporting equipment, shall be of a neutral color that is
identical to, or closely compatible with, the color of the supporting
structure and/or its surroundings, so as to make the antenna and related
equipment as visually unobtrusive as possible. Proposed colors shall be
identified by manufacturer and color name or number.
6. Visual integration of antennas. Facade-mounted antennas shall be
architecturally integrated into the style and character of the structure,
and painted and textured to match or complement the existing structure.
Ordinance
Page 6
Roof-mounted antennas shall be constructed at the minimum height
possible to serve the provider's service area, shall be designed to
minimize visibility from the surrounding areas, and painted and textured
to match or complement the existing structure or building.
7. Freestanding facilities. Freestanding facilities, including ground-
mounted antennas and monopoles, are discouraged and may be used
only when no other alternative is feasible. When allowed, freestanding
facilities shall be designed to the minimum functional height and width.
Lattice towers are prohibited.
8. Landscaping. When portions of the facility are exposed to public view,
they shall be landscaped with visual buffering, such as plant materials,
walls and/or mounds that screen the view of the facility from public rights
of way, public parklands and nearby residential properties. Existing
mature growth trees and natural landforms on the site shall be preserved
to the maximum extent feasible. Native plantings are to be used to the
maximum extent possible.
9. Equipment enclosures. All equipment shall be placed completely
underground when feasible or located inside an existing building. If such
placement is not feasible, the equipment shall be completely enclosed
within a solid-walled enclosure or building. Any visible cabinets, cables,
air conditioning units, fencing, etc., shall be painted and textured to
match the surrounding area so as to minimize visibility.
10. Preventive design. All facilities shall be designed to be resistant to and
minimize opportunities for unauthorized access, climbing, vandalism,
graffiti, and other conditions that would result in hazardous conditions or
visual blight.
11. Access to facilities. All wireless telecommunications facilities shall be
accessed from non-residential streets or right of ways to the maximum
extent practical. Any constructed access shall be sited to avoid
residential areas, streets or right of ways to the maximum extent
practical.
12. Construction methods. All wireless telecommunications facilities shall be
built in accordance with Uniform Building Code standards and, to the
extent feasible, be protected against damage by fire, flooding, and
earthquake. Reasonable measures shall be taken to keep wireless
facilities in operation in the event of a natural disaster.
13. Signs. Other than required safety warning signs, no signs shall be
placed on facilities or equipment.
Ordinance
Page 7
14. Modifying or upgrading facilities. When modifying or upgrading wireless
facilities, existing antennas and equipment shall, to the extent feasible,
be replaced with antennas and equipment of equal or greater technical
capacity and reduced size so as to reduce visual and noise impacts.
B. Operation and maintenance.
1. Security lighting. Security lighting shall be kept to a minimum. Any
security lighting that may spill into residential zoning districts is
discouraged and shall only be activated by a motion detector.
2. Grounds maintenance. All facilities and related equipment shall be
maintained in good working order and free from trash, debris, graffiti and
any form of vandalism. Any damaged equipment shall be repaired or
replaced within thirty (30) calendar days of sustaining such damage.
Graffiti shall be removed within forty-eight (48) hours of being notified by
the city or others of its existence. Facilities containing landscaping
elements shall be maintained in good condition at all times. Damaged,
dead or decaying plant materials shall be removed and replaced within
thirty (30) calendar days of sustaining such damage.
3. Facility maintenance. Routine maintenance of equipment located in
residential zones or within one hundred (100) feet of a residential district
shall be conducted only during the weekday hours of 8:00 a.m. to 5:00
p.m., holidays excepted. In other areas, routine maintenance may be
conducted at any time. Emergency repairs and maintenance shall be
conducted only in the cases of power outages and equipment failure or
malfunction.
4. Noise attenuation. Each wireless telecommunications facility shall be
operated in a manner that will minimize noise impacts to surrounding
residents and persons using nearby parks, trails, and similar recreation
areas. To achieve this objective, all air conditioning units and any other
equipment emitting noise that is audible from beyond a facility's property
line shall be enclosed or equipped with noise attenuation devices that
reduce the noise to the lowest feasible level. Backup generators shall
only be operated during periods of power outages or for testing.
19.89.060 Variance.
Any person may apply for a variance subject to the requirements and conditions of
this Title.
Ordinance
Page 8
19.89.070 Abandonment.
A. Prompt removal. Notwithstanding provisions to the contrary found elsewhere
in this Title, a wireless telecommunications facility is considered abandoned
and shall be promptly removed as provided herein if it ceases to provide
wireless telecommunication services for 180 or more days. Such removal
shall be in accordance with proper health and safety requirements and all
ordinances, rules, and regulations of the City.
B. Notice, appeal and hearing. A written notice of the determination of
abandonment, as noted in subsection (A) of this section, shall be sent by
certified first class mail, return receipt requested, or personally delivered to
the operator of the wireless telecommunications facility at said operator's
business address on file with the city or the operator's agent for service of
process on file with the California Secretary of State. Service shall be
effective on the date the notice was signed for or received. If the mailed
notice is returned unsigned, service shall be deemed effective three business
days after the mailing of a duplicate notice by regular first-class mail. The
notice shall explain the consequences of failing to remove the facility and
identify all hearing/appeal rights.
The operator may appeal the determination of abandonment within ten (10)
business days of being served with the notice. After receiving the appeal, city
staff shall schedule a hearing on the matter to be conducted before the
planning commission at which time the operator may present any relevant
evidence on the issue of abandonment. The planning commission may
affirm, reverse, or modify with or without conditions the determination of
abandonment and shall make written findings in support of its decision. The
decision of the planning commission shall be final.
C. Nuisance. Any wireless telecommunications facility determined to be
abandoned and not removed within thirty (30) calendar days from the date of
notice, or where an appeal has been timely filed, within such time as
prescribed by the planning commission following its final determination of
abandonment, shall be in violation of this chapter, and the operator of such
facility shall be subject to the penalties prescribed in this Title and Title 1 of
the Chula Vista Municipal Code. Facilities determined to be abandoned and
not removed within the time limits prescribed herein, are deemed to be a
nuisance, and notwithstanding the procedure described in subsection (B) of
this section, may be abated as a nuisance in any manner provided by law.
SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Ordinance
Page 9
Submitted by:
Approved as to form by:
Robert A. Leiter
Planning and Building Director
John M. Kaheny
City Attorney
_..._...._~... _..~.._.~_.---,--_.__.- .-.---,...-.-.,--..,-"---..-..--------"'.--
PLANNING COMMISSION AGENDA STATEMENT
Item: .;t..
Meeting Date: 08/14/02
ITEM TITLE:
Public Hearing: PCZ-02-04; Request to amend the City of
Chula Vista Zoning Map by rezoning 1.62 acres of land in Otay
Ranch Village Two from the Planned Community (PC) Zone to
Public/Quasi-Public (P-Q) Zone for the purpose of constructing a Fire
Station (Fire Station No.7). Applicant - The City ofChula Vista/Otay
Ranch Company
This Project is a City-initiated application to rezone 1.62 acres ofland in Village Two ofOtay Ranch
from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose of
constructing Fire Station No.7.
ENVIRONMENTAL STATUS:
The City's Environmental Review Coordinator conducted an Initial Study (IS-02-033) for this
application and has detennined that, although the proposed project could have a significant effect on
the environment, there will not be a significant effect in this case because mitigation measures have
been incorporated into the project. A Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program were prepared, which must be considered by the Planning Commission prior to a
decision on the project (see Attachment No.7).
RECOMMENDATION:
That the Planning Commission adopt Resolution No. PCZ-02-04 recommending the City Council
adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-
02-033) and adopt an Ordinance amending the City's Zoning Map established by Chapter 19,
Section 19.18.010 of the Chula Vista Municipal Code by rezoning 1.62 acres ofland in Otay Ranch
Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone.
BOARDS/COMMISSIONS RECOMMENDATION:
The City's Resource Conservation Commission (RCC) met on June 17, 2002 to consider the
Mitigated Negative Declaration on IS-02-033 and voted 7-0 to recommend approval of the
document. Minutes from the RCC meeting are attached (See Attachment No.4).
DISCUSSION:
The Otay Ranch General Development Plan (GDP), adopted in 1993, located a total of four fire
stations in Otay Ranch, two of which were located in the Otay Valley Parcel. One of those fire
stations (Station No.7) was designated in Village Two, and the other in Village Nine. The GDP
policies for fire prevention are identified in the Fire Protection and Emergency Services Facilities
section of the GDP. The GDP goals for fire protection in the City is to provide sufficient fire and
!
Page 2, Item_
Meeting Date 08/14/02
emergency services facilities to respond to calls in the Otay Ranch planned community within a 7-
minute response time in 85 % of the cases.
The City's Fire Station Master Plan, updated in 1997, describes the phasing of the City's Fire
Station for the City's development forecasts available at the time for planned communities
including Otay Ranch, Eastiake, Rolling Hills Ranch, etc. The Fire Station Master Plan Update
used projection forecasts that the Planning Division, in coordination with SANDAG, was using at
the time to determine development forecasts for each of the planned communities through the
City's buildout period. The Fire Station Master Plan targeted the construction of Fire Station No.
7 in Otay Ranch Village Two for the 2001-2005 time frame (see Attachment No.5). At the time,
the 1997 Fire Station Master Plan Update did not anticipate the current rate of growth in the
eastern portion of the City. As a result, the City's Fire Department has indicated that Fire Station
NO.7 commence construction as soon as possible to protect development east of future SR-125.
In addition, Fire Station NO.7 is planned to contain a second "ladder company", as well as an
"engine company". The City's current ladder company is located at Fire Station No. 1.
In order to provide Fire Station NO.7 in a timely manner, the City has initiated the processing for
Fire Station NO.7 by rezoning the site from Planned Community (PC) Zone to Public/Quasi-Public
(PQ) Zone. Nonnally in the Planned Community Zones, fire station sites are planned as part of the
SPA Plan. In this case, the station is needed in advance ofthe Village Two SPA plan. As a result,
the rezoning of the site to Public/Quasi-Public will enable the fire station to be planned separately
from the Village Two SPA Plan process.
The Fire Department plans to open the station by August, 2003. The Fire Department coordinated
with Planning Division staff to select a location for Station NO.7 in Village Two. The proposed
location of the fire station on the eastern edge ofthe village has been carefully selected by the City
and accepted by the Otay Ranch Company. The selected site will be consistent with the adjacent
land uses in Village Two.
1. Site Characteristics
The proposed proj ect is located in the northeastern portion of Village Two in Otay Ranch adjacent to
La Media Roadjust south of Olympic Parkway (see Attachment No.1). The project site is located
on the south side ofthe future extension of Street "A" (Santa Venetia extension in Village Six) at the
intersection of La Media Road (see Attachment No.2). The majority of the site has been graded as
part of the construction of Olympic Parkway to the north. The proposed site will be served from
Street "A", which will be extended from the current tenninus at the Village Two High School site to
the west.
The station location was selected because of access to the site will be provided from Street "A" via
La Media Road and Olympic Parkway. La Media Road and Olympic Parkway are 6-lane Prime
Arterials in the City's General Plan. La Media Road serves as a major north-south corridor for the
west portion ofthe Otay Valley Parcel. Olympic Parkway serves as a major east-west roadway from
d-
Page 3, Item_
Meeting Date 08/14/02
1-805 to the Olympic Training Center. The second phase of Olympic Parkway is under construction
from Heritage Road to East Palomar Street and is scheduled to open in the fall. The portion of La
Media Road south of Olympic Parkway is under construction as well as part of the Village Six
development. Future extensions of La Media Road will be constructed with the completion of
Village Six.
2. General Plan. Zoning and Land Use
General Plan
The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for
urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to
contain higher residential densities and a variety of mixed-uses in the "Village Cores", surrounded
by single-family homes in the secondary residential areas outside of the village cores. In addition,
there is a Village Core (VC) land use, as well as land uses for public/civic facilities such as a fire
station. The Otay Ranch GDP is consistent with the land use designations for the General Plan.
Zoning
The Otay Ranch is zoned Planned Community (PC) as are the other master planned communities
such as Sunbow and EastLake. Land development regulations are contained in the PC District
Regulations within each master planned community SPA Plan along with a zoning boundary map
designating a zone for each neighborhood. All of Village Two is currently zoned Planned
Community (including the fire station location). Since Village Two does not have a Sectional
Planning Area (SPA) Plan approved for the development, there are currently no PC District
Regulations for the development, therefore, the rezone application to Public/Quasi-Public is
proposed.
Land Use
Villages One and Five to the north are almost built-out. Village Six, located directly to the east, is
currently being graded. Construction has commenced on the high school located just northwest of
the proposed fire station location. Based on the Sweetwater Union High School District's facility
needs, the Village Two high school was added to the SPA One Plan in 1999. The balance of Village
Two is currently undeveloped.
3. Proposed Plan
The application involves the consideration of a request to amend the City of Chula Vista Zoning
Map by rezoning a parcel in Otay Ranch Village Two from the Planned Community (PC) Zone to
Public/Quasi-Public (P-Q) Zone to allow the construction of the 12,000 square-foot fire station on
1.62 acres ofland (see Attachment No.3).
3
Page 4, Item_
Meeting Date 08/14/02
The selection of the fire station location took into consideration the location of the nearby 50-acre
Village Two high School and the adjacent street network including Street "A" and Street "B" in the
northeastern portion of Village Two. This location provides the department the benefit of having
two major arterials for emergency responses.
Located at the intersection of Street "A" and La Media Road, the 12,000 square-foot facility will be
built on a 1.62-acre lot, large enough to meet the Fire Departments' specification's for the site. The
facility would house three or four apparatus bays accommodating a new ladder company and engine
company as well as associated work and living quarters for fire personnel. The apparatus bays
would be designed to be double length to accommodate a ladder truck, engine truck, reserve truck,
command vehicles and other associated emergency response vehicles. The design of the station
would be consistent with the Public/Quasi-Public Zone building height and setback requirements.
This project will also require review and approval from the City's Design Review Committee (DRC)
prior to issuance of building pennits for the site.
The City's Fire Department current need for Fire Station No.7 is based on development of the
planned communities east ofI-80S. The construction of Fire Station No.7 will be needed to ensure
that the mandated thresholds governed by the City's Growth Management Ordinance are met.
4. Analysis
The proposed rezoning ofthe fire station site in Village Two is needed to deliver a station to the Fire
Department in a timely manner. The station is needed in advance of the Village Two SPA Plan
approval resulting in the proposal to rezone the site from Planned Community to Public/Quasi-
Public. The location of the fire station would provide the department the benefit of utilizing two
major arterials for emergency responses. The rezoning to Public/Quasi-Public for the fire station is
consistent with the policies identified in the General Plan.
CONCLUSION:
The proposed rezoning of the Fire Station No. 7 site in Village Two of Otay Ranch would
accomplish the objective of delivering a needed fire station facility to meet the needs of the City Fire
Department Master Plan and maintain thresholds required in the City's Growth Management
Ordinance. Staffrecommends approval of the rezoning application.
Attachments
1. Village Two Locator Map
2. Fire Station No.7 Locator Map
3. Preliminary Site Plan - Fire Station No.7
4. Resource Conservation Connnittee Meeting Minutes (06/17/02)
5. Table No. 19 - 1997 Fire Station Master Plan
6. Planning Commission Resolution (PCZ 02-04)
7. Draft City Council Resolution No.
8. Draft Ordinance No.
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
C) APPLICANT: REZONE CHANGE
PROJECT Southwest corner of Santa Venetia Street Request: Rezone of Fire Station #7 to allow
ADDRESS: and La Media Road
FILE NUMBER: ~ for additional space for a reserve engine.
SCALE:
NORTH No Scale PCZ-02-04 Related Cases: IS-02-033
j:lhomelplanninglcherrylcllocatorslpcz0204.cdr 03.18.02
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June 17,2002
2. IS-02-033 - Fire Station #7 (including Rezone and Extension of Street "A")
Mr. Phil Hinshaw (A.D. Hinshaw Associates, P.O. Box 13200, EI Cajon, CA 92022)
reported that Fire Station #7 is in the Village Two area of Otay Ranch. The action is
the rezoning of the property from Planned Community to Public/Quasi-Public use
and the extension of Street "A" from its current terminus at the Village Two high
school site to La Media Road. Rezoning is required before a fire station can be
constructed. Currently Street "A" is being constructed for the high school site.
Access to the fire station would be from Street "A". Mr. Hinshaw stated that, in doing
the review, several potentially significant issues were identified: geophysical and
water; air quality; hazards; noise; and paleontological resources. Mitigation
measures have been recommended for each one that would reduce the impacts to
less than a significant level. They are listed in the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program.
MSUC (BurrascanolDiaz) to approve the Mitigated Negative Declaration.
Vote: (7-0)
J
ATTACHMENT #4
Table 19. Recommended Phasing and Financing of Fire-Related Projects
NOTE: CHARACTERS IN AN INCREMENT RELATE TO THE PROJECT'S PROPOSED FINANCING TECHNIQUE
Increment 1 Increment 2 Increment 3 Increment 4 Increment 5
Proiect 1997-2000 2001-2005 2006-2010 2011-2015 2016-2030
Relocation ofFS#4 to FS#4A site S647,500
A;B;F'
Relocation of FS#3 to FS#3A site S759,000
A;B;F'
Relocation ofFS#6 to FS#6A site S759,000
A'
FS#7 (Otay Ranch Village 2) SI,217,600 4
A;B
FS#8 (Salt Creek Ranch) SI,267,6oo
A:B
FS#9 (Otay Ranch EVC) SI,217,600
A;B
Brush !lig S179.0oo
A
Training Classroom City: S205.480
PFDIF: S168,120
A;D
Fire Prevention Space @ FS#7 , S 112,000
Fire Prevention Space @ FS# I S 34,000
A A
Reserve Pumper S 81,100
A
TOTAL PFDIF S 1,787,620 SJ,4IO,700 S2,026,600 SI,217,600
TOTAL CITY S 205,480 S S S
FINANCING TECHNIQUE
A = PFDIF funds on-hand
B = Developer pre-payment of fire-wmponent fees outstanding at time of construction
C = Developer turnkey project
D = City General Fund share of project costs
E = External financing (including possible loans from other City fund accounts). Financing charges associated
"ith the use of this option.
F = Other (explain)
1 F~ S150,000 from resale of current fire station
, F~ SI50.000 (est) from resale or current fire station site
, FS#6 is an interim site on property O"11ed by Eastlake Development. No resale value is assumed for !lie modular
building.
4 Costs associated with establishing a second ladder capability at FS#7 are included in !lie PFDIF but are not "budgeted"
at this time, pending outcome or the remmmended SL1ff review. An additional S I
q
PART8-6
ATTACHMENT # 5
/
RESOLUTION NO. PCZ-02-04
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM (IS-
02-033) AND ADOPT AN ORDINANCE TO AMEND THE CITY OF
CHULA VISTA ZONING MAP ESTABLISHED BY CHAPTER 19,
SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY
REZONING 1.62 ACRES OF LAND IN OTAY RANCH VILLAGE
TWO FROM THE PLANNED COMMUNITY (PC) ZONE TO
PUBLIC/QUASI-PUBLIC (P-Q) ZONE FOR THE PURPOSE TO
CONSTRUCT A FIRE STATION (FIRE STATION NO.7).
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Exhibit "A" and "B" attached to City Council Resolution No. and is commonly
known as Fire Station NO.7 Site at Otay Ranch, Village Two ("Property"); and,
WHEREAS, an application (pCZ -02-04) to rezone 1.62 acres ofland in Otay Ranch Village
Two was filed with the City ofChula Vista Planning and Building Department on February 14,2002
by the City of Chula Vista ("Applicant"); and,
WHEREAS, the application requests to rezone 1.62 acres of land in Otay Ranch Village
Two ("Project") and amend the City of Chula Vista Zoning Map to reflect said amendment; and,
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan previously approved by the City Council on October 28, 1993, wherein the City
Council, adopted the original Otay Ranch General Development Plan Program Environmental
Impact Report 90-01 ("EIR 90-01 "); and,
WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS-
02-033) for this application and concluded that, although the proposed project could have a
significant effect on the environment, there will not be a significant effect in this case because
mitigation measures have been incorporated into the project. A Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program were prepared which must be considered by the
Planning Commission prior to a decision on the project; and,
WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-02-033) has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA), and the Environmental Review
Procedures of the City ofChula Vista; and,
WHEREAS, the Planning Commission finds that the Project environmental impacts will be
mitigated by adoption ofthe Mitigation Measures described in the Mitigated Negative Declaration
and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation
Monitoring and Reporting Program is designed to ensure that during Project implementation, the
(0
ATTACHMENT #6
pennittee/Project applicant, and any other responsible parties implement the project components and
comply with the Mitigation Monitoring Program; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Project
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 500 feet of the exterior
boundaries of the Project site at least 10 days prior to the hearing; and
WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely
6:00 p.m., August 14,2002, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has detennined that the approval of the Project is consistent
with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the City of
Chula Vista 1997 Updated Fire Station Master Plan and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOL VED THAT THE PLANNING COMMISSION recommends
that the City Council adopt the attached resolution adopting an ordinance to amend the City ofChula
Vista Zoning Map established by Chapter 19, Section 19.18.010 ofthe Chula Vista Municipal Code,
by rezoning of 1.62 acres ofland in Otay Ranch Village Two ("Project") in accordance with the
findings in said resolution; and,
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
the City Council adopt the attached resolution adopting a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-02-033) in accordance with Section 15070 of the
State CEQA Guidelines; and,
II
And that a copy of this resolution be transmitted to the owners of the property and the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 14th day of August, 2002 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Kevin O'Neill, Chair
ATTEST:
Diana Vargas, Secretary
.J:'..pl:l~~ning"R!CH\\",( JtJ: __Ran.:'h'viJlagt'_ 2',Firc_ ~talidn \w. -; _. Rcmnc_ !IC_ F:t':-.l1.d\1C
/~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM (IS-02-033) AND ADOPTING AN
ORDINANCE TO AMEND THE CITY OF CHULA VISTA
ZONING MAP ESTABLISHED BY CHAPTER 19, SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY
REZONING 1.62 ACRES OF LAND IN OTAY RANCH VILLAGE
TWO FROM THE PLANNED COMMUNITY (PC) ZONE TO
PUBLIC/QUASI-PUBLIC (P-Q) ZONE FOR THE PURPOSE TO
CONSTRUCT A FIRE STATION (FIRE STATION NO.7).
I. RECITALS
WHEREAS, the property which is the subject matter of this resolution is
identified and described on Exhibit "A" and "B" attached hereto and is commonly known
as Fire Station No.7 Site at Otay Ranch, Village Two ("Property"); and,
WHEREAS, an application (PCZ-02-04) to rezone 1.62 acres of land in Otay
Ranch Village Two was filed with the City of Chula Vista Planning and Building
Department on February 14,2002 by the City ofChula Vista ("Applicant"); and,
WHEREAS, the application requests to rezone 1.62 acres ofland in Otay Ranch
Village Two ("Project") and amend the City of Chula Vista Zoning Map to reflect said
amendment; and,
WHEREAS, the development of the Property has been the subject matter of a
General Development Plan previously approved by the City Council on October 28,
1993, wherein the City Council, adopted the original Otay Ranch General Development
Plan Program Environmental Impact Report 90-01 ("EIR 90-01"); and,
WHEREAS, the City's Environmental Review Coordinator conducted an Initial
Study (IS-02-033) for this application and concluded that, although the proposed project
could have a significant effect on the environment, there will not be a significant effect in
this case because mitigation measures have been incorporated into the project. A
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were
prepared which must be considered by the Planning Commission prior to a decision on
the project; and,
WHEREAS, the Planning Commission finds that the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (IS-02-033) has been
prepared in accordance with the requirements of the California Environmental Quality
Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and,
13
ATTACHMENT #7
Resolution No.
Page 2
WHEREAS, the Planning Commission finds that the Project environmental
impacts will be mitigated by adoption of the Mitigation Measures described in the
Mitigated Negative Declaration and contained in the Mitigation Monitoring and
Reporting Program, and that the Mitigation Monitoring and Reporting Program is
designed to ensure that during Project implementation, the pennittee/Project applicant,
and any other responsible parties implement the project components and comply with the
Mitigation Monitoring Program; and,
WHEREAS, the Planning Commission set the time and place for a hearing on
said Project 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 500 feet of the exterior boundaries of the Project site at least 10 days prior
to the hearing; and
WHEREAS, a duly noticed hearing was held at the time and place as advertised,
namely 6:00 p.m., August 14,2002, in the Council Chambers, 276 Fourth Avenue, before
the Planning Commission and said hearing was thereafter closed; and,
WHEREAS, by a vote of
project; and,
the Planning Commission approved the
WHEREAS, a public hearing was scheduled before the City Council of the City
of Chula Vista on said Project to adopt an Ordinance amending the City of Chula Vista
Zoning Map established by Chapter 19, Section 19.18.010 of the Chula Vista Municipal
Code by rezoning 1.62 acres of land in Otay Ranch Village Two from the Planned
Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose to construct a
Fire Station (Fire Station No.7); and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, detennine, resolve and order as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on August 14, 2002, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision makers,
shall comprise the entire record of the proceedings for any California
Environmental Quality Act (CEQA) claims.
III. ACTION
The City Council hereby approves the Resolution adopting an Ordinance
amending the City ofChula Vista Zoning Map established by Chapter 19, Section
19.18.010 of the Chula Vista Municipal Code by rezoning 1.62 acres ofland in
Otay Ranch Village Two from the Planned Community (PC) Zone to
rf
Resolution No.
Page 3
Public/Quasi-Public (P-Q) Zone for the purpose to construct a 12,000 square-foot
Fire Station (City of Chula Vista Fire Station No.7) as a necessary public facility
for the Otay Ranch development and the City of Chula Vista finding it is
consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, the City of Chula Vista 1997 Updated Fire Station Master
Plan, and all other applicable Plans, and that the public necessity, convenience,
general welfare and good planning and zoning practice support their approval and
implementation.
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-02-033) has been prepared in
accordance with requirements of the California Environmental Quality Act
(CEQA), the State CEQA Guidelines and the Environmental Review Procedures
of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program (IS-02-033).
V. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR
EIR
The City Council hereby finds that: (1) there were no major changes in the Project
from the FEIR 90-01 which would require revisions of said report; (2) no
substantial changes have occurred with respect to the circumstances under which
the Project is undertaken since the previous report; (3) no new infonnation of
substantial importance to the Project has become available since the issuance and
approval of the prior report; and that, although the proposed project could have a
significant environmental effect, there will not be a significant effect in this case
because added mitigation measures would result from the proj ect, and therefore,
the City Council approved the Project as an activity that is within the scope of the
project covered by the FEIR 90-01.
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council does hereby find that in the exercise oftheir independent review
and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (IS-OI-033) in the fonn presented has been prepared in
accordance with requirements of the California Environmental Quality Act and
the Environmental Review Procedures of the City of Chula Vista and hereby
adopt same.
VII. INCORPORATION OF ALL MITIGATION MEASURES AND
ALTERNATIVES
The City Council does hereby re-adopt and incorporate herein as conditions for
this approval all applicable mitigation measures and alternatives, as set forth in
I~
Resolution No.
Page 4
the findings adopted in the Otay Ranch GDP Program FEIR 90-01 and Mitigated
Negative Declaration (IS-02-033).
VIII. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this
Project was fully described and analyzed and is within the scope of the original
Otay Ranch Program Final Environmental Impact Report (FEIR 90-01)
adequately describes and analyzes this project for the purposes of CEQA
(Guideline 15168(e)).
IX. OTAY RANCH GENERAL DEVELOPMENT PLAN FINDINGS
The proposed Project is consistent with the Otay Ranch General Development
Plan for the following reasons:
A. THE PROPOSED ZONING MAP AMENDMENT IS IN CONFORMITY
WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN
(GDP).
The AMENDMENT TO THE City of Chula Vista Zoning Map to rezone
1.62 acres of land in Otay Ranch Village Two to accommodate a Fire
Station for the City of Chula Vista reflects the appropriate land uses,
circulation system, and public facility needs consistent with the policies
for Village Two described in the Otay Ranch General Development Plan,
Chula Vista General Plan, and the City's Growth Management Ordinance.
B. THE PROPOSED ZONING MAP AMENDMENT WILL PROMOTE
THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED GENERAL DEVELOPMENT PLAN AREA.
The proposed Zoning Map amendment allows for the current need for an
emergency services-related public facility to protect the health, safety and
welfare of the residents of the City of Chula Vista, consistent with the
policies and requirements to ensure the orderly, phased development of the
project.
C. THE PROPOSED ZONING MAP AMENDMENT WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land use policies described for Village Two within the Otay Ranch
GDP area are designed with an open space buffer adjacent to other
existing projects, and future developments off-site and within the village
itself. The Project's location takes into consideration future land planning
opportunities for Village Two and will be compatible with existing
adjacent land uses, as required by the Otay Ranch General Development
Plan. A comprehensive street network will serve the Project and provide
access to other off-site properties. The proposed Project closely follows
Ib
Resolution No.
Page 5
all existing environmental protection guidelines and will avoid
unacceptable off-site impacts through the provision of added mitigation
measures specified in the Mitigated Negative Declaration prepared for
Initial Study 02-033.
X. APPROVAL OF AMENDMENT TO CITY OF CHULA VISTA ZONING
MAP
The City Council does hereby approve the Project subject to the findings set forth
in Section IX listed above and based upon the findings and detenninations on the
record for this Project.
XI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their tenns, the City shall have the right
to revoke or modify all approvals herein granted, deny, revoke or further
condition issuance of all future building pennits issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this resolution is
dependent upon the enforceability of each and every tenn, provision and condition
herein stated; and that in the event that anyone or more tenns, provisions, or
conditions are detennined by a Court of competent jurisdiction to be invalid,
illegal or unenforceable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
Presented by:
Approved as to fonn by:
Robert A. Leiter, AICP
Director of Planning and Building
John M. Kaheny
City Attorney
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LEGAL DESCRIPTION
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 18789, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER ON SEPTEMBER 7, 2001, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT AN ANGLE POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL 4
BEING THE WESTERLY TERMINUS OF THAT COURSE ON THE BOUNDARY OF
PARCEL 1 OF SAID PARCEL MAP NO. 18789 DEPICTED ON SHEET 3 OF SAID PARCEL
MAP NO. 18789 AS N 71057'24' E, 1091.24', SAID POINT ALSO BEING THE SOUTHERLY
TERMINUS OF A 4336.00 FOOT RADIUS CURVE CONCAVE WESTERLY AS DEPICTED ON
SAID PARCEL MAP NO, 18789. A RADIAL BEARING OF SAID CURVE BEARS
NORTH 77019'04' EAST (RECORD N 77018'51. E PER SAID PARCEL MAP NO. 18789)TO
SAID POINT, SAID 4336.00 FOOT RADIUS CURVE BEING THE PROPOSED WESTERLY
RIGHT OF WAY OF LA MEDIA ROAD WITHIN OTAY RANCH VILLAGES 2 AND 6; THENCE
SOUTHERLY ALONG THE ARC OF THE SOUTHERLY CONTINUATION OF SAID
4336.00 FOOT RADIUS CURVE AND SAID PROPOSED WESTERLY RIGHT OFWAY OF
LA MEDIA ROAD THROUGH A CENTRAL ANGLE OF 00052'26", 66.13 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE ARC OF
SAID 4336.00 FOOT RADIUS AND SAID PROPOSED WESTERLY RIGHT OF WAY OF
LA MEDIA ROAD THROUGH A CENTRAL ANGLE OF 03010'44". 240.58 FEET; THENCE
LEAVING SAID PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD
NON-TANGENT TO SAID CURVE SOUTH 76040'26" WEST, 266.33 FEET; THENCE
NORTH 12045'05" WEST, 260.28 FEET TO A POINT ON THE PROPOSED SOUTHERLY
RIGHT OF WAY OF SANTA VENETIA STREET WITHIN OTAY RANCH VILLAGE 2; THENCE
ALONG SAID PROPOSED SOUTHERLY RIGHT OF WAY OF SANTA VENETIA STREET
NORTH 77014'55" EAST, 258.95 FEET; THENCE CONTINUING ALONG SAID PROPOSED
PAGE 1 OF2
~DV M~\OO25\294\Legal OesDipllon,\A.02 Fire Sta!Je-n Slle.doc
WO 2~2~ 21B/02
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24.96 FEET TO THE TRUE POINT OF B~GINNING.
coNTAINS 1.62 ACRES MORE OR LESS.
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DAVID W. AMBLER L.S.7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2
:DV M;\OO.25\2.94\Legal DescnptJons"'-02. Fire StQllon Sj1B.d~
'NO 25-294 216J02
d-D
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE CITY OF CHULA
VISTA ZONING MAP ESTABLISHED BY CHAPTER 19, SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING
1.62 ACRES OF LAND IN OT A Y RANCH VILLAGE TWO FROM THE
PLANNED COMMUNITY (PC) ZONE TO PUBLIC/QUASI-PUBLIC (P-
Q) ZONE FOR THE PURPOSE TO CONSTRUCT A FIRE STATION
(FIRE STATION NO.7).
I. RECITALS
WHEREAS, the property which is the subject matter ofthis resolution are identified and
described on Exhibit "A" and "B" attached hereto and is commonly known as Fire Station NO.7 site
at Otay Ranch, Village Two ("Property"); and,
WHEREAS, an application (PCZ-02-04) to rezone 1.62 acres ofland in Otay Ranch Village
Two was filed with the City ofChula Vista Planning and Building Department on February 14,2002
by the City ofChula Vista ("Applicant"); and,
WHEREAS, the application requests to rezone 1.62 acres of land in Otay Ranch Village
Two ("Project") and amend the City of Chula Vista Zoning Map to reflect said amendment and is
identified hereto as Exhibit "C"; and,
WHEREAS, the City ofChula Vista Zoning Map would be amended to reflect the rezoning
of a 1.62-acre parcel in Otay Ranch Village Two from the Planned Community (PC) Zone to
Public/Quasi-Public (P-Q) Zone for the purpose to construct a 12,000 square-foot Fire Station (City
ofChula Vista Fire Station No.7) as a necessary public facility for the Otay Ranch development and
the City ofChula Vista; and,
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan previously approved by the City Council on October 28, 1993, wherein the City
Council, adopted the original Otay Ranch General Development Plan Program Environmental
Impact Report 90-01 ("EIR 90-01"); and,
WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS-
02-033) for this application and concluded that, although the proposed project could have a
significant effect on the environment, there will not be a significant effect in this case because
mitigation measures have been incorporated into the project. A Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program were prepared which must be considered by the
Planning Commission prior to a decision on the project; and,
WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-02-033) has been prepared in accordance with the
requirements ofthe California Environmental Quality Act (CEQA), and the Environmental Review
c:2(
ATTACHMENT #8
Procedures of the City ofChula Vista; and,
WHEREAS, the Planning Commission finds that the Project environmental impacts will be
mitigated by adoption ofthe Mitigation Measures described in the Mitigated Negative Declaration,
and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation
Monitoring and Reporting Program is designed to ensure that during Project implementation, the
pennitteelProject applicant, and any other responsible parties implement the project components and
comply with the mitigation Monitoring Program; and,
WHEREAS, the Otay Ranch General Development Plan policies for Fire Protection and
Emergency Services Facilities are intended to ensure that the Otay Ranch Village Two area is
planned in accordance with the Otay Ranch General Development Plan (GDP), to implement the
City ofChula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long-
tenn phased development ofthe Otay Ranch GDP and to establish conditions which will enable the
Project to exist in harmony within the community; and,
WHEREAS, the City ofChula Vista Zoning Map was established pursuant to Title 19 ofthe
Chula Vista Municipal Code, specifically Chapter 19.18.010, and is applicable to the Otay Ranch
GDP land area; and,
WHEREAS, Chapter 19.47 Public/Quasi-Public (P-Q) Zone pennits Fire Stations as an
approved land use and are applicable to the Otay Ranch Village Two and area; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Project
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 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and
WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely
6:00 p.m., August 14,2002, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and,
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City
of Chula Vista on the Project and adopting the Ordinance to approve the amendment ofthe City of
Chula Vista Zoning Map; and,
NOW, THEREFORE, BE IT RESOL VED THAT THE CITY COUNCIL ofthe City of
Chula Vista does hereby find, detennine, resolve and order as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on August 14,2002, and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims.
J~_
._~._,..."...'--
"__,+._~__..._,__.,___..____.._._~...______.__'n_._._.'___'~__'_ _
III. ACTION
The City Council hereby approves the Resolution adopting an Ordinance amending the City
ofChula Vista Zoning Map established by Chapter 19, Section 19.18.010 oftheChula Vista
Municipal Code by rezoning 1.62 acres ofland in Otay Ranch Village Two from the Planned
Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose to construct a
12,000 square-foot Fire Station (City ofChula Vista Fire Station No.7) as a necessary public
facility for the Otay Ranch development and the City of Chula Vista finding it consistent
with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the
City of Chula Vista 1997 Updated Fire Station Master Plan and all other applicable Plans,
and that the public necessity, convenience, general welfare and good planning and zoning
practice support their approval and implementation.
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (IS-02-033) has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and the Environmental Review Procedures ofthe City ofChula Vista, and hereby
adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (IS-02-033).
V. APPROVAL OF AMENDMENT TO CITY OF CHULA VISTA ZONING MAP
The City Council does hereby approve the Project subject to the findings set forth in Section
IX listed in Resolution No. and based upon the findings and detenninations on
the record for this Proj ect.
VI. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption
Presented by:
Approved as to fonn by:
Robert A. Leiter, AICP
Director of Planning and Building
John M. Kaheny,
City Attorney
J :\1)1:1 nlli ng\fUC HW\Otay_ Ra n('lIl Villagr)\Fire_ Sfation#7 ~J<('J:OI\(,_ (:(: _ ()nli nane(~.dn('
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LEGAL DESCRIPTION
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO, 18789, IN THE CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER ON SEPTEMBER 7,2001, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL 4
BEING THE WESTERLY TERMINUS OF THAT COURSE ON THE BOUNDARY OF
PARCEL 1 OF SAID PARCEL MAP NO. 18789 DEPICTED ON SHEET 3 OF SAID PARCEL
MAP NO. 18789 AS N 71057'24" E, 109124', SAID POINT ALSO BEING THE SOUTHERLY
TERMINUS OF A 4336.00 FOOT RADIUS CURVE CONCAVE WESTERLY AS DEPICTED ON
SAID PARCEL MAP NO. 18789, A RADIAL BEARING OF SAID CURVE BEARS
NORTH 77019'04" EAST (RECORD N 7r18'S1" E PER SAID PARCEL MAP NO. 18789) TO
SAID POINT, SAID 4336.00 FOOT RADIUS CURVE BEING THE PROPOSED WESTERLY
RIGHT OF WAY OF LA MEDIA ROAD WITHIN OTAY RANCH VILLAGES 2 AND 6; THENCE
SOUTHERLY ALONG THE ARC OF THE SOUTHERLY CONTINUATION OF SAID
4336.00 FOOT RADIUS CURVE AND SAID PROPOSED WESTERLY RIGHT OF WAY OF
LA MEDIA ROAD THROUGH A CENTRAL ANGLE OF 00052'26", 66.13 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE ARC OF
SAID 4336.00 FOOT RADIUS AND SAID PROPOSED WESTERLY RIGHT OF WAY OF
LA MEDIA ROAD THROUGH A CENTRAL ANGLE OF 03"10'44".240.58 FEET; THENCE
LEAVING SAID PROPOSED WESTERL Y RIGHT OF WAY OF LA MEDIA ROAD
NON-TANGENT TO SAID CURVE SOUTH 76'40'26" WEST, 266.33 FEET; THENCE
NORTH 12.45.05" WEST, 260.28 FEET TO A POINT ON THE PROPoSED SOUTHERLY
RIGHT OF WAY OF SANTA VENETIA STREET WITHIN OTAY RANCH VILLAGE 2; THENCE
ALONG SAID PROPOSED SOUTHERLY RIGHT OF WAY OF SANTA VENETIASTREET
NORTH 77014'55" EAST, 258.95 FEET; THENCE CONTINUING ALONG SAID PROPOSED
PAGE 1 OF2 ~
:DV M:\OO25\294\L~1 ~crlpllon:'J\A.02 Fire St,aIJon S!18.doc ~ (.
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24,96 FEET TO THE TRUE POINT OF BE:GINNING.
caNT AINS 1.62 ACRES MORE aR LESS.
f)J AI 4it
2-~-ZooZ
DAVID W. AMBLER l.S.7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2
:DV M;\OO2S\294Ug~1 Desc.riptlon.s\A-OZ Firn St.;;don S/18.t1CX;
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CASE NUMBER:
ACREAGE:
SCALE:
DATE:
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CHECKED BY:
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CHULA VISTA PLANNING & BUILDING DEPARTMENT
I HEREBY CERTIFY THAT THIS ZONING MAP
WAS APPROVED AS A PART OF ORDINANCE
BY THE CllY COUNCIL ON
C)
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NORTH
CITY CLERK
-------..--..--
DATE
ZONING MAP
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CHUIA VISTA
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 08/14/2002
3
ITEM TITLE:
Public Hearing: Conditional Use Pennit PCC-02-20, proposal for a 1,196
square foot Granny Flat as an accessory second unit in a Single-Family
Residence (R-l) zone. The unit will be situated behind an existing single-
family dwelling located at 437 Elm Street. The second unit is in compliance
with state government code regulations 65852.2(b)(l)(A)-(I) for cities
without adopted accessory second unit ordinances.
The property owner proposes to build aI, 1 96 square foot Granny Flat as an accessory second unit on
an 11,415 square foot lot that contains an existing single-family dwelling. The second unit, as
described, is in compliance with the applicable provisions of the state government code.
The Environmental Review Coordinator has concluded that this project is a Class 3(a) categorical
exemption from environmental review (CEQA Section 15303 (a) new construction and location of
limited numbers of new, small facilities or structures).
RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC -
02-20, based on the findings and conditions contained therein for a accessory second unit, per state
Government Code Sections 65852.2(b)(l)(A)-(I) for cities without adopted accessory second unit
ordinances.
DISCUSSION:
1. Site Characteristics
The property is 11,415 square-feet in size, essentially flat and contains an existing 1,050 square-foot
single-family dwelling, a 400 square- foot detached garage and a 400 square foot accessory structure.
The uses adjacent to the property include single-family dwellings in all directions. The proposed
location of the second unit is behind the existing single-family dwelling.
2. General Plan, Zoning and Land Use
Site:
North:
South:
East:
West:
General Plan
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Zoning
R-l
R-l
R-l
R-l
R-l
Current Land Use
Single-family residential
Single-family residential
Single-family residential
Single-family residential
Single-family residential
Page 2, Item:
Meeting Date: 08/14/02
3. Proposal
The project proposed is ai, 196 square-foot accessory second unit. The unit includes two bedrooms,
a living room, kitchen, den and two bathrooms. The second unit has been designed to accommodate
the needs ofthe applicant's elderly and handicapped aunt by incorporating larger room sizes, which
must meet Americans with Disabilities Act (ADA) requirements. As a result, the second unit will be
larger than the existing dwelling.
The application for the accessory second unit is subject to state guidelines. State law provides
guidelines that enable cities without adopted accessory second unit ordinances, to process these
applications. The guidelines allow cities to require a conditional use permit in each case. State
Government Code Section 65852.2(b)(l)(A)-(I) is explained below:
(b) (l) When a local agency has not adopted an ordinance by July 1, 1983, or within 120 days after
receiving its first application, the local agency shall grant a special use or conditional use pennit for
the creation of an accessory second unit if the unit complies with all of the following:
(A) The unit is not intended for sale, but may be rented.
(B) The lot is zoned for single-family or multi-family use.
(C) The lot contains an existing single-family dwelling.
(D) The accessory second unit is either attached or detached and located on the same lot.
(E) The increased floor area ofthe attached unit does not exceed 30 percent ofthe existing living
area.
(F) The total area of the detached unit does not exceed 1,200 square feet.
(G) Requirements related to height, setback, lot coverage, architectural review, site plan review,
fees, charges, and other zoning requirements generally applicable to the zone.
(H) Local building code requirements to detached dwellings, as appropriate.
(I) Approval by local health officer is required if a private sewage disposal system is utilized.
ANALYSIS:
The proposed accessory second unit has been designed and sited to meet the state criteria and local
zoning ordinance, as outlined below:
(A) The accessory second unit cannot be sold, but may be rented.
(B) The accessory second unit is in a R-l (Single-Family Residence) zone.
(C) The lot contains an existing single-family dwelling.
(D) The accessory second unit will be detached and on the same lot of an existing primary single-
family dwelling.
(E) The accessory second unit will be detached from the existing dwelling.
(F) The accessory second unit is 1,196 square feet (1 ,200 square feet is the maximum allowed by
State law).
(G) The proposed detached second accessory unit will comply with all of the required R-l
Page 3, Item:
Meeting Date: 08/14/02
development standards, as outlined in the table below:
DEVELOPMENT STANDARD
Height
Lot Coverage
Setbacks:
Front
Rear
Sides
Parking
Floor Area Ratio (FAR)
ALLOWED/REQUIRED
28 feet (2.5 stories)
40 percent
PROPOSED
13 feet
23 percent
15 feet
20 feet
5 feet each side
1 space
45 percent
30 feet
20 feet
5 feet each side
1 space
23 percent
(H) Fees, and other charges shall be paid in association with the required building pennit, to be
applied for and reviewed in confonnance with local building codes upon approval of this
Conditional Use Pennit;
(I) Sewer service will be provided by the City ofChula Vista (not a private system). There is no
requirement for local health official approval.
Accessory second units of various sizes have come before the Planning Commission previously.
The Commission is concerned with large second units because of the potential incompatibility
regarding size and scale within context of single-family dwelling neighborhoods in the City Of
Chula Vista. In cases where a second unit appeared larger or out of scale with the surrounding
dwellings, the applicant was required to reduce the square footage. An example is 736 Church
Street, where the lot is rectangular and approximately 6,600 square feet, the Commission believed
that the proposed second unit was inconsistent with the scale of the neighborhood and the intent of
the R -1 zone.
The subject property is 11,415 square feet in size and is located in an R -1 zoning district at the end of
a cul-de-sac. The property has an irregular triangular shape and is larger than the surrounding
residential properties within a 200-foot radius; these properties average approximately 7,800 square
feet in size (Attachment 2). The project will be located in the rear yard behind the existing dwelling
where it is subject to rear yard, side yard and on-site building setbacks. Staff visited the site and
identified residential uses on the neighboring properties. The structures nearest to the property lines
of the project site include a swimming pool to the north, a garage to the south and east each; and a
workshop to the west.
The proposed accessory second unit has been designed to accommodate the applicant's disabled
aunt, resulting in ai, 196 square foot structure. Currently, there is no adopted local ordinance that
enables the City to regulate accessory second units; therefore the City relies on state regulations,
which allows second units up to 1,200 square feet. The project is consistent with this state
regulation. Although the project's size is inconsistent with the City's goal oflimiting the size of
accessory second units, staff believes that the size of the lot (almost twice the size of the zone
minimum) and the placement of the proposed second unit in the rear yard will have the least impact
on the surrounding neighbors and neighborhood, and will not impact the intent of the R-l zoning
district.
Page 4, Item:
Meeting Date: 08/14/02
The project, as described, satisfies State legislation for accessory second units and meets the City Of
Chula Vista's requirements for the findings to approve a Conditional Use Permit. The project
provides needed affordable housing and is consistent with the General Plan's Housing Element.
Furthennore, the project will not be a detriment to the surrounding neighborhood.
CONCLUSION:
Staff recommends approval of the application for a Conditional Use Pennit to allow the accessory
second unit behind the existing single-family residence at 437 Elm Street, in accordance with the
findings and conditions of approval in the attached Planning Commission Resolution PCC-02-20.
Attachments
1. Locator Map
2. Map of Surrounding Properties
3. Resolution PCC-02-20
4. Application Materials
J:\Planning\Michael\PCC Reports\PCC-02-20
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PROJECT
LOCATION
FIRST
CHRISTIAN
CHURCH
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT LORAIN MARTICKE PROJECr DESCRIPTION:
C) APPLICANT: CONDITIONAL USE PERMIT
PROJECT 437 ELM AVENUE
ADDRESS: Request: Proposal for an addition of a 1,100 square feet
single family detached dwelling to an existing single
SCALE: FILE NUMBER: family detached dwelling within the R-1 zone.
NORTH No Scale PCC-02-20
h:lhomelplanningllocatorsIPCC0220.cdr 10/26/01
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RESOLUTION NO, PCC 02-20
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT,
PCC-02-20, AN ACCESSORY SECOND UNIT LOCATED
BEHIND AN EXISTING PRIMARY SINGLE-FAMILY
DWELLING AT 437 ELM STREET, IN COMPLIANCE WITH
STATE GOVERNMENT CODE REGULATIONS 65852.2
(B)(I)(AHI).
WHEREAS, a duly verified application for a conditional use pennit was filed with the
City of Chula Vista Planning Department on October 22, 2001, by Lorain Marticke; and
WHEREAS, said applicant requests pennission to build an accessory second unit behind
an existing single-family dwelling located at 437 Elm Street. The accessory unit includes one
bedroom, a guestroom, den, living area, kitchen and two bathrooms in compliance with the
provision found in the State Government Code; and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has concluded that this project is a Class 3(a) categorical
exemption from environmental review (CEQA Section 15303 (a), new construction and location
oflimited numbers of new, small facilities or structures); and
WHEREAS, the Planning Director set the time and place for a hearing on said
Conditional Use Pennit 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
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely August 14,
2002, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
pubJic hearing with respect to the conditional use pennit appJication, the Planning Commission
voted to approve the conditional use pennit; and
WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the
findings required by the City's rules and regulations for the issuance of conditional use pennits,
as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated
finding to be made.
1. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community.
The use is an accessory second unit. The requested use will take place within an existing
single-family residential neighborhood. State legislation declares that accessory second
units are a valuable form of housing in California, providing housing for family
members, students, the elderly, in-home health providers, the disabled, and others, at
below market prices within existing neighborhoods.
Accessory second units help to ameliorate a community and region-wide problem of
providing an adequate supp1y of affordable housing and does not adversely impact the
neighborhoods in which they are located.
2. That such use will not under the circumstances of the particular case be detrimental
to the health, safety or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
The proposed accessory second unit will not have a detrimental impact upon the
surrounding residential neighborhood. The lot is 11,415 square in size and is sufficient to
accommodate the existing dwelling and accessory second unit. The architecture and site
planning are consistent with single-family character of the surrounding residences. The
accessory second unit will be located in the rear yard behind the existing dwelling where
it will be screened from public view. In addition, the unit will be constructed in
confonnance with the Uniform Building Code.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The conditional approval of PCC-02-20 requires compliance with all conditions, codes
and regulations, as applicable, prior to the final issuance of any pennit for or occupancy
of any new building on the property.
The Planning Commission finds that the request meets the requirements of the California
Government Code relating to detached accessory second units as follows:
(A) The accessory second unit is not intended for sale, but may be rented.
(B) The lot is zoned for single-family use.
(C) The accessory second unit will be constructed in conjunction with a pnmary
single-family residence on the lot.
(D) The accessory second unit is detached and will be located on the same lot as a
single-family residence.
(E) The total area of the accessory second unit does not exceed 1,200-sq. ft.
(F) The accessory second unit meets local requirements related to height, setback, lot
coverage, architectural review, site plan review, fees, charges, and other zoning
requirements generally applicable to the zone.
(G) The accessory second unit project meets local building code requirements for
detached dwellings, as appropriate.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
This Conditional Use Permit is in compliance with the General Plan, because Section
65852.2b.5 of the California Government Code provides that accessory second units are
exempt from the existing or future General Plan and zoning density regulations.
-~_.~_._..__.._--_.,- .. ...... ..,._._-_....__._.~._-_.-,.~...- ...-.,.--
WHEREAS, the Planning Commission of the City ofChula Vista grants Conditional Use
Pennit PCC-02-20 subject to the following conditions required to be satisfied by the applicant
and/or property owner(s):
ENGINEERING DIVISION
1. The applicant/owner shall pay the appropriate sewer capacity and traffic signal fees for
the project.
PLANNING & BUILDING DEPARTMENT
2. Prior to the issuance of a building pennit, the applicant/owner shall obtain a letter stating
fire flow requirements from the Chula Vista Fire Department and submit the letter to the
Sweetwater Authority.
3. The applicant/owner shall pay a developer fee of $1.49 per square foot of assessable area.
4. The property owner shall obtain a building pennit in compliance with 1998 California
Building, Plumbing, and Mechanical Code, and National Electrical Code
5. Building plans (construction documents) that include proposed colors and materials shall
be submitted in conformance with the conceptual plans and elevations to ensure that the
accessory second unit will be architecturally compatible with and/or match the primary
single-family dwelling. Said plans shall be kept on file in the Planning Division, in
compliance with the conditions contained herein and Title 19 of the CVMC, subject to
the approval of the Planning and Building Director.
STANDARD CONDITIONS
6. The conditions of approval for this pennit shall be applied to the subject property until
such time that the conditional use pennit is modified or revoked, and the existence of this
use pennit with approved conditions shall be recorded with the title of the property. Prior
to the issuance of the building pennits for the proposed unit, the applicant/property owner
shall provide the Planning Division with a recorded copy of said document.
7. This pennit shall be subject to any and all new, modified or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to
health, safety or welfare which the City shall impose after advance written notice to the
Pennittee and after the City has given to the Pennittee the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose a
substantial expense or deprive Pennittee of a substantial revenue source which the
Permittee cannot, in the normal operation of the use pennitted, be expected to
economically recover.
8. This pennit shall become void and ineffective if not utilized within one year from the
effective date thereof, in accordance with Section 19.14.260 of the Municipal Code.
Failure to comply with any conditions of approval shall cause this pennit to be reviewed
by the City for additional conditions or revocation.
9. Any deviation from the above noted conditions of approval shall require the approval of a
modified conditional use pennit.
10. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees and representatives, from
and against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fess (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Conditional Use
Permit, (b) City's approval or issuance of any other pennit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Applicant's installation and operation of the facility permitted hereby, including,
without limitation, ant and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this Conditional
Use Pennit where indicated below. Applicant's/operator's compliance with this
provision is an express condition of this Conditional Use Pennit and this provision shall
be binding on any and all of applicant's/operator's successors and assigns.
II. Execute this document by making a true copy of this letter of conditional approval and
signing both this original letter and the copy on the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to
the conditions contained herein, and will implement same. Upon execution, the true copy
with original signatures shall be returned to the Planning Department. Failure to return
the signed true copy of this document shall indicate the property owner/applicant's desire
that the project, and the corresponding application for building pennits and/or a business
license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative
Date
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby approve Conditional Use Pennit PCC-02-20 in accordance with the findings and
subject to the conditions contained in this resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 14th day of August, 2002, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
Kevin O'Niell, Chair
ATTEST:
Diana Vargas, Secretary
J\P1anning\Michael\PCC Reports\PCC-02-20
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Planninr:. Building Department
Planning Division - Development Processing
276 Fourth Avenue, Chu1a Vista. CA 91910
(619) 691-5101
01Y OF
CHULA VISTA
Application Appendix "A"
PROJECT DESCRIPTION AND JUSTIFICATION
PROJECT NAME: MIIR'T'Tl:KE SENIOR CITIZEN DWELLING
APPLICANT NAME: LORRAINE MARTICKE
Please describe fully the proposed project, any and all construction that may be accomplished
as a result of approval of this project and the project's benefits to yourself, the property, the
neighborhood and the City of Chula Vista. Include any details necessary to adequately explain
the scope and/or operation of the proposed project. You may include any background
Information and supporting statements regarding the reasons for, or appropriateness of, the
application. Use an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "Findings" as listed in
listed In the Application Procedural Guide.
Description & Justification. Thi s is a Second Dwe 11 ing Uni t as author i zed by
Section 65852.2 built in accordance with a Conditional ~se Permit. It
requires and complies with a residence for a person 62 years of age or older
It is not intended for sale; is zoned for single-famil~ use and the lot
contains an existing single-family unit. This second unit will be detached
from the existing dwelling and contain.l,lOO sq. feet. The lot has 11,325
sq. =t. and the existing structures use 3,056 sq. feet leaving 73% unused.
This lot is unusually large, more than twice the minimun required to build
in the City and is a wasteful use of land. It will, when completed, house
a senior citizen(s61e-occupant). as intended by State Law (65852.1 &.2)
"Granny Units" & Second Dwelling Units.
Construction will erect this building behind solid 6 feet fences on all
sides and will be esthetically compatible with the existing structures;'ai
those on all sides. It is essentially a prefabricated cement and steel
frame house on a cement slab. It will have two bedrooms and two baths. It
will double the existing property taxes to benefit the City and County.
FINDINGS: The proposed use will contribute additional tax revenue for the
benefit of the community. It will not, under any circumstances be detri-
mental to any person or property within the vicinity; and it will fully
comply with all codes for it's use. The CDU will not negatively affect
the qeneral plan of the city or of any other governmental agency
I am 78 years of age, and my husband passed away last month leaving me
in financial stress due to extensive medical bills that were not covered
by insurance. 1his dwelling is essential for me to obtain affordable
housing on my limited income of minimum Social Security. Additionally, I
will be able to have my daughter close to me in the other house to provide
me with the physical and medical support seniors need.
CITi OF ChtJLA .vlSTA
Planning & Building Department
276 Fourth Avenue
CHUlA VISTA (619)691-5101
TYPE OF REVIEW REQUESTED (Check One)
~ond!tiOnal Use Permit b~
U Variance
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Application Form - Type I
Page One
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[staff use onM
Filing Date:
Assigned Planner:
Receipt No.: ca -N>F)('JCj,st
ProjectAcct: ~~-'1/5
I Deposit Acct: \'\ I A-
I Related Cases: :- ~I<.-{) \ - 7'('
! ~Z.A. 0 Public Hearing
o Design Review
, I Special Land Use Permit f,RedENaloprnent A'9C$ On:(j
Q l..1iscellaneous:
J APPLICANT Th"'FOR.J.'\1ATION
[Applicant ~; I ~~
; Loriain~!~~RTICKE
iA.DP!!Cant Adc!ress
!Phone No.
i' 476-9519
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~ El'!"ER....L PROJECT D.!!:SCRIPTION (for aU t:'.pes)
jProject Nome Proposed Uoo
Marticke Senior Citizen Dwelling residence
j Generoi Description of !-'roposed Project
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story ce~ent slab pre-fabricated steel ~nd cement building erected on
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