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HomeMy WebLinkAboutPlanning Comm Rpts./1995/10/25 (4) PLANNING COMMISSION AGENDA STATEMENT Item 1 Meeting Date: 10/25/95 ITEM TITLE: Public Hearing: PCM-96-1O; Request to exceed the Floor Area Ratio on 47 of the 135 lots within the Los Palacios subdivision located on the south side of North Rancho del Rey Parkway between Paseo Burga and Bayona Loop in Rancho del Rey SPA II - Centex Homes. The proposal is to exceed the 0.55 Floor Area Ratio (FAR) on 47 or 35% of the 135 lots within the Los Palacios subdivision being developed by Centex Homes in Rancho del Rey (RDR) SPA II. The property is located on the south side of North Rancho del Rey Parkway between Paseo Burga and Bayona Loop. The RDR SPA II Planned Community District regulations provide that an exception to the FAR may be granted by the Zoning Administrator under site plan approval. The Zoning Administrator is unwilling to grant an exception of this magnitude, and thus the matter has been referred to the Planning Commission for resolution, The Environmental Review Coordinator has determined that the proposal is exempt from environmental review as a Class 5 exemption pursuant to the California Environmental Quality Act. RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCM-96-1O denying the request as submitted but authorizing the Zoning Administrator to approve an exception to the FAR standards for a maximum of 20 lots, or 15 % of the total lots within the project. DISCUSSION: Floor Area Ratio Floor Area Ratio (FAR) is the relationship between the area of permitted floor space in a structure and the area of the lot on which it is situated. The FAR is expressed by a numerical value obtained by dividing the total area of a structure by the area of the lot on which it would be constructed and is used to determine the relationship between the bulk or mass of a building and lot size. The size of the lot thus determines the maximum floor area of a building which may be constructed on that lot when the FAR formula (FAR X Lot Area) is applied. Regulations dealing with lot sizes, yard sizes, and height and bulk of structures, such as FAR, Page 2, Item --L Meeting Date 10/25/95 are aimed directly at the qualities that collectively contribute toward "livability". They attempt to insure light, air and privacy; afford safe recreation space for adults and play space for children; reduce fire hazards and, in general, maintain a healthful and safe environment. Site Characteristics The RDR SPA Ii PC District regulations designate the property for conventional single family development, with a minimum lot size of 5,000 square feet and a minimum average for all lots of 6,000 square feet. The FAR is 0.55. The property has been subdivided into lots which average 6,700 square feet and range from 5,120 to 15,311 square feet. The site has been graded and is partially improved with streets and infrastructure, Adjoining properties are designated/developed as follows: North: Single family "estates" on lots of 9,600 and 12,000 square feet, with an FAR of 0.50 Permanent open space Conventional single family on minimum 5,000 square foot lots with an FAR of 0,50 (RDR I) Vacant conventional single family approved for 6,000 square foot lots with an FAR of 0,55 South: East: West: Proposal As noted, the proposal is to exceed the 0.55 FAR on 47 of the 135 lots within the project. The project has three floor plans with total floor areas, including garage, of 3,254 square feet (34 units), 3,372 square feet (47 units) and 3,629 square feet (54 units) on lots ranging in area from 5,120 square feet to 15,311 square feet. Specifically, the requested exceptions break down as follows: FAR No, of Lots FAR No. of Lots 0.56 4 0.61 5 0.57 3 0.62 6 0.58 3 0,63 10 0.59 2 0.64 7 0.60 1: 0.65 ~ 0.56-0,60 16 0.61-0,65 31 Centex Homes offers the following points in support of their request (see attached letter dated September 27, 1995): 1. All building setback and coverage requirements are met. Page 3, Item -L Meeting Date 10/25/95 2. Required 15 foot deep minimum rear yards are exceeded--the applicant is providing rear yards of 19 feet or deeper in all cases. 3. 20 of the lots are adjacent to pennanent open space which lessens the impact of the proposal in at least one direction. 4, Slopes, some in excess of 20 feet, provide vertical separation for many of the lots inside and adjacent to the subject property and thus assist in softening the visual impacts of the excess FAR. 5. The applicant is providing a three-car garage on many units. There would be fewer FAR deviations if two-car garages, the minimum required, were provided throughout. 6, The applicant has developed a quality architectural package which far exceeds the minimum standards required within this Rancho del Rey SPA, Also see additional infonnation from McMillin Companies dated October 19, 1995, in support of Centex's request. This infonnation was received too late to be summarized in this report. Analvsis: The Zoning Administrator has historically used the FAR site plan exception in recognition that a developer's desired mix and placement of models throughout the project may result in the placement of some larger models on some smaller lots, The provision is intended to be used sparingly to accommodate the exception rather than establish the rule. In this instance, the project has not been designed to fit the lots. The 0,55 FAR would allow for a total floor area of 2,816 square feet on the smallest (5,120 square feet) Los Palacios lot. However, the smallest unit is 3,254 square feet, which would require a lot of over 5,900 square feet to comply with the maximum FAR--the project contains 41 lots under this size, ln staff's view, this plan is an attempt to fit a considerable number of large houses on lots which are too small to accommodate them. Although not as rigid as a zone variance, findings must be made to justify the deviating from City standards, Staff cannot offer the rationale with which to justify the substantial variation from the FAR standard being followed by all other developments in the Rancho del Rey Specific Plan, as well as other newer planned communities in the City. It should be noted that the FAR in planned communities is already higher than for lots in Central Chula Vista, which are restricted to 0.45 for lots of 7,000 square feet or greater and 0.50 or 3,150 square feet, whichever is less, on lots of less than 7,000 square feet. FAR requirements were fonnulated to provide light and air between dwellings and create street scenes in which the building mass and bulk are in scale with the lot size. Approval of this request would be contrary to these objectives of the City's FAR provisions and the precedent set by the approval of this request would put pressure on the City to approve future requests in similar situations in communities presently being planned and developed in the eastern territories Page 4, Item ~ Meeting Date 10/25/95 of the City utilizing the PC regulations. Conclusion Staff has indicated to the developer that an adjustment of the FAR on as many as 15 % or 20 of the 135 lots could be approved by the Zoning Administrator under the authority in the PC District regulations, however a 35% deviation would require Planning Commission consideration, Staff believes approval of a number higher than 15 % would subvert the intent of the FAR and PC regulations. Attachments Resolution PCM-96-1O Locator Map RDR 11 Land Use Districts RDR 11 Site Utilization Plan RDR PC District Regulations Los Palacios Unit Elevations and Floor Plans Los Palacios Lot Coverage/FAR List Applicant's Letter to the Director Dated September 27, 1995 Letter from McMillin Companies dated October 19, 1995 Disclosure Statements Site Plan (full size) (m:\home\planning\ RESOLUTION NO. PCM-96-10 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION DENYING A REQUEST TO INCREASE THE FLOOR AREA RATIO ON 47 OF THE 135 LOTS WITHiN THE LOS PALACIOS SUBDlVISlON IN RANCHO DEL REY SPA II WHEREAS, a duly verified application to appeal a decision of the Director of Planning was filed with the City of Chula Vista Planning Department on October 10, 1995 by Centex Homes, and WHEREAS, said application requested that the Commission pennit an increase in the Floor Area Ratio (FAR) for 47 of the 135 lots within the Los Palacios subdivision in SPA II of the Rancho del Rey Specific Plan, and WHEREAS, the Planning Director set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 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 October 25, 1995 at 7:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the Environmental Review Coordinator has found that the project is exempt from environmental review as a Class 5(a) exemption pursuant to the California Environmental Quality Act, and NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION hereby finds that the proposal is not consistent with the PC District regulations in that the number of lots and extent of FAR increases is well beyond that which could be considered an exception and therefore would subvert the intent of the FAR standards. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION rereby denies 111: request to increase the FAR for 47 lots, but authorizes an increase in FAR for a maximum of 20 lots subject to the approval of a site plan by the Zoning Administrator. That a copy of this resolution be transmitted to the applicant. pcm-res.pc PASSED AND APPROVED BY THE PLANNlNG COMMlSSION OF CHULA VISTA, CALIFORNIA, this day, the 25th day of October, 1995 by the following vote, to-wit: AYES: NAYS: ABSENT: ABSTENTIONS: WilJiam C, Tuchscher, III Chairman Nancy Ripley, Secretary cup-res I~~ ---- ------ - - RANCHO DEL lfEY 11@~ ......-;-.., " ,i ff. 7ir ',f0)A . ~: ::::::.:' ! ~. " ~/ ,/ft.' f:.t._+1j2 E~:~i:t~ ~ ~~~VI \i'~ .. T' ~. \' -, ,'.", ,,=" '1'f, '-L (7;' ~ \ iI' ~~~16). 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'''''I' , II( '" ./ ---' c.= ~,~ y_/' '\ ---- - . , ,,}f: ,;;" I PC I;;i .. ;.;:I 1M .m """ _.. PC .~ ~; ~A -,I"'. 'w,\ ,....,.. CHULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT CENTEX HOMES PROJECT DESCRJPTlON: C) APPLICANT, MISCELLANEOUS PROJECT Southsl de of Request: Appeal of Decision of Director of Planning ADDRESS: Rancho Del Rey Parkway SCALE, FILE NUMBER, NORTH No Scale PCM - 96 - 10 Q)~ cn() :::> 0 t: 00 "00- c:O ~ .....J (I) - OJ - en W 16 :;:: <=- (I) () :2 ".: en- (I) .22 0:0 ... N (>) 1 I 1 0 (I) (I) (I) () () () Z OJ & OJ c( a. a. -I (/)- (/)- (/)- e: .Q () () c: "t: c: "t: W (I):: (1)- (l)U; (/) a. .22 a. .22 a. ._ O(/) 00 00 00 Q.I- 0:0 ;:)- Q.O: -II- ... N (>) c(!!2 I 1 I -0 (/) (/) (/) Ow 0 0 0 w(/) 5;;:) (I) ~ ~ J>- ~ '0 If (I) '5 <=- .- () (/) .- ..... 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'-.!, ~ , '-'-, "I -, "r.-' , . \ ,! .r I C:: , ' . "---') ::::::::----:-.J1 '-... - '/ ' -----=-: ' II! j '-" \ \ ,l i I c /- '- -'./ '\ ~ , ,~) Ii i,' ____ ';" -....._~--- \," / _: -' ;,;', --- ,. ----, - --. .,' '----- ------, r I ,-. ----..../ '. I _ 'I _.; ,,'. '-::-'::::~..'.,'r \ \ "-- "'--...i ". . ~- } / .- \, - :'. 'v _. / ~ \ , ~J ~ U~ := ~ ~ - - ~ ~ EJ "' - :c :2 x w Q. 1 ~ ~f C5j ~ ~ ~ 1 0: <t (I . . . RESIDENTIAL PROPERTY DEVELOPMENT STANDARDS . 1. Lot area (in net OOO's S.F.) minimum minimum average Land Use District RE RS 8 15 70 80 100 40 .50 20 20 20 15/10 10 10 20 28 15 5.0 6.0 50 50 90 45 .55 15 10 15 10/5 10 10 15 28 15 2 2 (garage) (garage) *May be modified with Site Plan approval **May be increased to 35 feet with Site Plan approval 2. Lot width (in fee) minimum minimum average 3. Lot depth (in feet) 4. Lot coverage (percentage) 5. Floor Area Ratio* 6. 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I "t IJ n J:J ,~~!~ ~~!: ..., . .J ~ ~ ~ ffi "'C I' '" C0 0 ,.. u 0 ~ ~ " RE ~ .f:,,;t:: ~f ~ ;: ~"E ~ . ::;.<< ~ co > '= 0- ~I ~ (/)! ~i I 1 1 J <I H ::1 H '> z o Q5 0- is C S '" t 51 z < ~. <./') 0;; -~ Uo <(~ -''' <( <' c...t;; '> .-, rJ') < ~O:) ~ -J.;:) z o " < ~ o ~ ~ o '" " < ~ ~ :5 ~ <;5 ~ 3': " i LOT PLAN I_~ST iL9-.9_R 1ST & 2ND I LOT #, AREA (SF) TYPF . 3-CAR GARAGE (SF) + GAR. (SF) 1 5,761 1 I 1,958 3,254 2 5,506 2' 2,175 3,372 3 5,878 3 2,163 3,629 4 5,639 I 2 2,175 3,372 5 7.418 3 2.163 3,629 6 12,623 2 2,175 3,372 7 7,546 1 1,958 3,254 8 7,459 3 2,163 3,629 9 I 6,642 2 2,175 3,372 10 5,397 1 1,958 3,254 11 5,400 2 2,175 3,372 12 5,140 1 1,958 3,254 13 i 6,279 2 2,175 3,372 14 6,402 2 2,175 3.372 15 I 5,723 1 I 1,958 3,254 16 5,974 1 1,_958 3,254. 17 I 6,068 1 1,958 3,254 18 I 5,969 3 2,163 3,629 19 10,492 3 2,163 3,629 20 7.441 3 I 2,163 3,629 21 6,126 2 2,175 3,372 22 7,389 3 2,163 3,629 23 6,8~_1 2,163 3,629 24 6.472 I 1, 1,958 3,254 25 I 5,818 I 2 I 2,175 3,372 26 i 5,926 I 1 I 1,958 3,254 ~~ i ~:~;~ ! ; j~___ ~:~k;==- __ __ ;:~_;~ 29 12,968 3 2,163 3,629 30 6,182 I 1 I 1,958 3,254 31 5,871 I 1 I {958 3,254 32 I 5,832 I 3 I 2,163 3,629 ;~ ;:-~-~ I ~ -!_u_u_-~:~~~____T ;:~;: 35 i 7,016 2---r 2,175 3,372 36 I 7,574 . 3 i 2,163 3,629 37 6,264 2 I 2,175 3,372 38 6,104 1 1,958 3,254 39 13,893 3 2,163 3,629 40 i 10,4Ht6 2 I 2,1}53.,~72 41 I 13,742 3. __2,163 3,629 42 I 15,311 2 2___175 3,372 43 9,193 3 2,163 3,629 44 8,618 3 2,163 3,629 45 5,616 1 1,958 3,254 46 6,412 2 2,175 3,372 47 5.120 1 1.958 3,254 48, 5,120 1 1,958 3,254 49 5,120 1 1,958 3,254 Prepared by MAY Group Page 1 of 3 LOT FLOOR JVERAGE AREA RATIO 34.0% 0.56 39.5% 0.61 36.8% 0,62 38,6% 0.60 29,2% 0.49 17.2% 0,27 25.9% 0.43 29,0% 0.49 32.7% 0.51 . 36.3% 0.60 40.3% 0.62' 38,1% 0.63 34.6% 0.54 34.0% 0.53 34.2% 0.57 32.8% 0,54 32.3% 0,54 36,2% 0.61 20.6% 0.35 29.1% 0.49 35,5% 0.55 29.3% 0.49 31.7% 0,53 30,3% 0,50 37.4% 0.58 33.0% 0,55 39.1% 0.61 25,3% 0,43 16.7% 0.28 31.7% 0.53 33.4% 0.55 37.1% 0.62 35.5% 0,59 38.4% 0.64 31.0% 0.48 28.6% 0.48 34.7% 0.54 32.1% 0.53 15.6% 0.26 20.8% 0.32 15.7% 0.26 14.2% 0,22 23.5% 0,39 25.1% 0.42 34.9% 0.58 33.9% 0.53 38.2% 0.64 38.2% 0.64 38.2% 0,64 SPA2TRY4.XLS 10nt95 Rancho Del Rey - SPA II Lot Coverage Report J.N. 0017-3 LOT PLAN 1 ST FLOOR 1ST & 2ND LOT FLOOR' LOT #1 AREA (SF) I TYPE + 3-CAR GARAGE (SF) + GAR. (SF) COVERAGE AREA RATIO 50 I 6,579 2 2,175 3,372 33.1% 0.51 51 9,598 3 2,163 3,629 22.5% 0.38 52 6,499 2 2,175 3,372 33.5% 0.52 53 6,432 1 1,958 3,254 30.4% 0.51 54 6,266 2 2,175 3,372 34.7% 0.54 55 6,017 1 1,958 3,254 32.5% 0.54 56 5,771 2 2,175 3.372 37.7% 0.58 57 5,200 2 , 2,175 3,372 41.8% 0.65 . 58 5,200 1 1,958 3,254 37.7% 0,63 59 5,400 2 I 2,175 3,372 40.3% 0,62 60 5,~1 i 1,958 3,254 37.7% 0.63 61 5,200 2 i 2,175 3,372 41.8% 0,65 62 5,366 2 2,175 3,372 40,5% 0.63 63 5,891 I 3 i ?,163 3.629 36.7% 0,62 64 5,965 1 ! 1,958 3,254 32,8% 0.55 65 I 6,150 I 2 I 2,175 3,372 35.4% 0,55 66 , 6,23~1 1 1,958 3,254 31.4% 0.52 , , 32,7% 67 i 6,624 I 3 i 2,163 3,629 0.55 68 I 7,404 +-H 2_,163 3,629 29.2% 0.49 69 I 8,648 _2,175 3,372 25.2% 0,39 ~1__8.c16~'_3.~ 2,_1_63___ 3,629 26,5% 0.44 71 . 8,276 3 2,163 3,629 26.1% 0,44 c-2-1--+-8,31 0 2 2,175 3,372 26.2% 0.41 73, 8,003 3 2,163 3,629 27.0% 0.45 74 ! 7,707 2 I 2,175 3.372 28.2% 0.44 75 I 7,714 3 , 2,163 3,629 28.0% 0,47 ; 76 7,750 2 i 2,175 3,372 28.1% 0.44 77 I 7.7~7 3 , 2,163 3,629 27.8% 0.47 78 7,831 2 , 2,175 3,372 27.8% 0.43 79 I 8,018 3 2,163 3,629 27.0% 0.45 I I 80 8,570 2 , 2,175 3,372 25.4% 0.39 I 81 I 8,537 3! 2,163 3,629 25.3% 0,43 82 I 9.58~_~-+--_2.175 3.372 22.7% 0.35 83 I 7,485 ~ 3, 2,163 3,629 28.9% 0.48 84 8,037 , 1 I 1,958 3,254 24.4% 0.40 , I 85 I 8,321 ! 3 1---2,163 3,629 26.0% 0.44 , 86 I 1- a_. 27.9% 0.46 7.022 1 I 1,958 3,254 87 I 6,911 3 2,163 3,629 31.3% 0.53 88 I 6,152 2 2,175 3,372 35.4% 0.55 89 5,95~1~_ 2.163____ 3,629 36,3% 0.61 ----.:.-. 90 6,082 2 I 2,175 3,372 35.8% 0.55 ~5,798 3 2,163 3,629 37,3% 0.63 92 6,250 2 2,175 3,372 34.8% 0,54 93 I 8,146 3 2,163 3,629 26,6% 0.45 94 7,4~1 1 I 1,958 3,254 26.5% 0.44 95 , 10,395 I 3 2,163 3,629 20.8% 0,35 96 I 8,666 2 2,175 3.372 25,1% 0,39 97 , 5,804 3 ! 2,163 3,629 37,3% 0.63 98 6,593 2 , 2,175 3,372 33.0% 0.51 Prepared by MAY Group Page 2 of 3 SPA2TRY4.XLS 10nt95 Rancho Del Rey - SPA II Lot Coverage Report J,N, 0017-3 i LOT PLAN 1ST FLOOR 1ST & 2ND LOT FLOOR LOT # I AREA. (SF) -- "---- -.--.- I-c-'~- TYPE + 3-CAR GARAGE (SF) + GAR. (SF) COVERAGE AREA RATIO 99 I 6,784 3 , 2,163 3,629 31.9% 0,53 100 i 6,839 2 2,175 3,372 31.8% 0.49 101 i 7,691 3 2,163 3,629 28.1% 0.47 _~.~~+_8,255 3 2,163 3,629 26.2% 0.44 103: 7,366 I 3 2,163 3,629 29.4% 0.49 I 104 I 5,83.5 ! 3 2,163 3,629 37.1% 0.62 105 I 6,164 ! 2 2,175 3,372 35.3% 0.55 106 I 5,6~3 2,163 3,629 38.3% 0.64 107 I 5,838 1 , 1,958 3,254 33.5% 0.56 108 I 6,017 2 2,175 3,372 36.1% 0.56 109 : 5,704 , 1 1,958 3,254 34.3% 0.57 110 I 6,880 I 3 , 2,163 3,629 31.4% 0,53 111 I 11,268 ! 2 I 2,175 3,372 19.3% 0.30 112 I 7,219 3 : 2,163 3,629 30.0% 0.50 113 7,000 3 I 2,163 3,629 30.9% 0.52 114 7,223 2 2.175 3,372 30.1% 0.47 115 6,078 3 2,163 3,629 35.6% 0.60 116 6,628 3 2,163 3,629 32.6% 0,55 117 6.708 , 2 I 2,175 3,372 32,4% 0.50 118 6,345 I 3 2,163 3,629 34,1% 0.57 119 5,781 I 1 1,958 3,254 33.9% 0.56 120 5,794 I 3 2,163 3,629 37.3% 0.63 121 7,582 2 2,175 3,372 28.7% 0.44 122 7,321 3 2,163 3,629 29.5% 0.50 123 6,074 I 1 1,958 3,254 32.2% 0.54 124 6,080 i 3 , 2,163 3.629 35.6% 0.60 125 I 6,014 I 1 I 1,958 3,254 32,6% 0.54 126 5,919 I 3 i _~2--1.6} 3,629 36.5% 0,61 1--:j"27 ~ 3,254 35.3% 5.544 I 1 i 1958 0.59 128 - , 2,175 3,372 40,8% 0.63 5,32~, 129 , 5,158 I 2 2,175 3,372 42.2% 0.65 130 5,146 1 1,958 3,254 38.0% 0,63 131 5,146 1 1,958 3,254 38.0% 0.63 132 5,233 2 2.175 r 3,372 41.6% 0.64 133 5,628 3 2,163 3,629 38.4% 0.64 134 I 6,313 2 2,175 3,372 34.5% 0.53 135 : 8,746 I 3 2,163 3,629 24.7% 0.41 Prepared by MAY Group Page 3 of 3 SPA2TRY4,XLS 10f7195 r. ,_ r.....; - -." '---."-. q: CENTEX HOMES "-...- AMERICA'S .. HOMEBUILDER Ocro' '" 1995 PI . ..J-.f it ~ I . I,' . ~ j. , \..:.' September 27, 1995 Mr. Bob Leiter, Planning Director Planning Department City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 RE: Rancho Del Rey Appeal for increase in F.A.R. for SPA 2, Site 2105 Dear Mr. Leiter: Centex Homes recently purchased lots from Rancho Del Rey lnvestors, lnc, within SPA 2 (Site 2105) of Rancho Del Rey. The site has an approved Final Tract Map for 135 homes and a large portion of the site has fully developed infrastructure. Shortly after our purchase, we submitted building plans to the City of Chula Vista building department. The plans Centex submitted were within the square footage range determined and ~proved by Rancho Del Rey for construction on the site. We were scheduled to be under construction as of September 19, 1995, and are currently on hold due to an apparent oversight by Rancho Del Rey and Centex regarding the application of t~e Floor Area Ratio (FAR) to this site. Centex and Rancho Del Rey met with planning staff to request an administrative modification of the FAR allowable under the SPA plan and were denied primarily because we exceeded the Floor Area Ratio, with little consideration given for overiding or offsetting site planning factors. We proposed valid planning argwnents based on rear pad depths of approximately 20 feet, building architecture, lot fit, lots adjacent to open space and large slopes, etc. However, we were unsuccessful in obtaining approval to exceed the .55 FAR necessary to build in the square footage range we proposed (2625 SF to 2994 SF not including the 3 car garage). Planning staff did not consider the arguments we proposed because in their opinion, the FAR was driving the determination, not our planning arguments, whether valid or not. At our second meeting with your staff, we were informed that the most flexibility we could expect administratively would be in the range of 15%, According to Mr. Ken Lee, approximately 15% of the lots could exceed .55 FAR within a reasonable margin to be determined by the Planning Director. Since our product would require nearly 35% or between 37 and 45 lots in excess of .55 FAR ( even CUilTU: lEAL lUAU COlrOIATION . ~AN DIU.O DI\lISION ~Q02 li'. rlACl COURT S\.11T[ 250 C"'.lS&AD CAlIFORNI" 91008 6:94)1 121 t ,,,x 619 431551 ( - Mr. Bob Leiter Page 2 September 27, 1995 though 10 lots exceed the FAR by only ,0 I), staff recommended that we appeal to the Planning Commission for relief to our request. SPA 2 has an FAR allowance of .55 unless modified by the Planning Director. At least 37 lots out of 135 lots would exceed the .55 FAR ratio even though the plans fit from a setback and lot coverage standpoint. Even more compelling is the fact that our plans meet the goals of the City in tenns of providing quality executive housing in the SPA 2 area and fit within a square footage range appropriate for the area in which we would be building. This issue has become purely a numbers issue, with insufficient consideration given for valid site planning and good architecture. Good planning and design should never be overshadowed by inappropriate or constraining ordinances established primarily to prevent existing housing products from overbuilding the neighborhood. For this reason, we ask for the City to consider an appeal from Centex Homes to construct the building plans previously submitted. Although it is not the City's concern, anything short of an approval would result in a significant design change and further delay . the project. It is important for us to start the project as soon as possible to be ready for the prime selling season which typically occurs after the first of the year. Centex Homes respectfully requests a fonnal appeal process be initiated by the City as soon as possible on our behalf to allow us to exceed .55 FAR. We would appeal to the Planning Commission to allow up to 35% of our project to exceed .55 FAR, but in no case would we exceed .65 FAR, provided all other planning and development standards are met. Your immediate attention to this matter would be greatly appreciated since we are currently on hold and are incurring rather significant costs associated with delaying our construction. Sincerely, CENTEX HOMES S Division M Rohrlick Vice President cc: Ken Baumgartner, Rancho Del Rey Doug Jaeger, Centex Homes Ken Lee, City ofChula Vista""/ 272 7 i-!~)O"il"r A\.i('nue rJd1i.:;r',i::;! (,1)1, CA 91950 16' ~.: c: '7 7 -4: 1, ~\\\lc\li!1ji1lIJl1i!r.li,i',. October 19, 1995 Mr, Paul Manganelli Planning Department CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Re: CASE NO. PCM - 96 - 10 CENT EX HOMES - RANCHO DEL REY Dear Mr. Manganelli: This letter is being written in support of the appeal requested by Centex Homes. As the master developer of Rancho del Rey, we believe that this project as proposed exceeds every design and architectural standard. The City Council has continuously indicated its desire to have this area of Rancho del Rey developed with "executive and estate" homes. To this end, Centex Homes has been encouraged by us to build homes almost 3,000 square feet in size with three car garages and with upgraded appointments. Within the SPA II area, the Aragon project is currently being built with executive homes ranging in size from approximately 3,000 to over 4,000 square feet. Also located in SPA II is the Rancho del Rey Estates project, which is a custom home development with homes exceeding 4,000 square feet. The proposed Centex project complements this mix. The proposed project meets every development regulation (e.g. lot coverage, building height, setbacks, and other numerous requirements) with the exception of Floor Area Ratio (FAR), As explained in the attached memorandum from Cinti Land Planning, the application of FAR to new homes within a master planned development is somewhat arbitrary and unnecessary constraint in an effort to build larger executive homes. The development regulations specifically penn its the Planning Director and on appeal Planning Commission discretion in considering a deviation from the FAR standard through the Design Review process, The Design Review process allows for extraordinary and unique circumstances to be considered in considering a request. This project meets this test for the following reasons: 1. The project does not violate any development regulation that would create any visible exception (i.e. reduced setback or height exceptions). Mr, Paul Manganelli Planning Department October 19,1995 Page 2 2. All houses in this development will be of comparable bulk and massing without any discernible differences. 3. Many lots are adjacent to public open space or adjacent to slopes that create visual separation of the homes. 4. This project fulfills a community need to expand "executive housing" opportunities for existing and future employers, 5. The availability of high quality executive housing in the community fosters economic development and could be an important factor in existing businesses remaining in Chula Vista and new businesses locating here. The Planning Commission has the discretion to approve this request. The ordinances anticipated the need for flexibility. The hard line application of FAR to this project precludes our ability to provide a diversity of housing for the community. We would request the Commission's approval of the appeal. Very truly yours, RANCHO DEL REY INVESTORS, L.P. C' Vice resident McMillin Project Services, Inc. CTF:lb Enclosure cc: Ken Lee, Assistant Planning Director Steve Griffin, Principal Planner C:LBICFI WWlL-MANGNEU ~inti LAND PLANNING October 18, 1995 Memo to: Craig Fukuyama From: Gary Cinti Subject: Centex Homes FAR Appeal Following are my comments on the use ofF AR in general and specifically with respect to the Executive Housing proposed by Centex Homes in SPA II. Introduction The project proposes to construct single family homes in the northern plateau area of Rancho Del Rey SP A II. This area has been planned from the outset as ideally suited for executive housing. The proposed project meets all of the specifically prescribed standards, including: lot coverage; side yard setbacks; rront yard setbacks; rear yard setbacks; maximum building height; permitted use restrictions; lot size criteria; residential design standards; landscape standards; and, numerous other policies and regulations. However, there is one standard, the FAR statistic, which it only satisfies when computed as an overall average. The mere fact that the project is at variance with the FAR statistic does not require the project to be denied, Recognizing that the diversity of housing design will make some models on some lots exceed the precise FAR statistic, the adopted Planned Community District Regulations allow FAR variations 10 be approved during the Design Review Process. The use of this discretion during Design Review is common. The issue in this project is the number of lots that are at variance with the FAR statistic. The resolution of this issue involves weighing the benefits of the project as conceived, together with City policies encouraging Executive Housing, against the utility of strict compliance with an FAR statistic Following are discussions that describe the project and the FAR statistics, the history of FAR application in general, and an overview ofF AR as applied in Chula Vista. Not only should the FAR statistic not be strictly applied in this project, but there is evidence to support the deletion ofF AR as a useful standard for Planned Communities in general. FAR may be a useful standard when applied to future homeowner additions to new homes. The approval of this appeal would not remove FAR as an applicable standard for future homeowner remodeling projects. Cinti Land Plaruling 10/18/95 2932 Poinsettia Drive, San Diego, CA 92106-1128' FAX (619) 223-5108. Tel: (619) 223-7408 Why this project exceeds the FAR statistic? Describing two alternative examples can best illustrate why a strict application of the FAR statistic for this project is meaningless: Example I: If the project was designed exactly as it is with only one change it would meet the FAR standard. The one change would be to not give the home buyers fee title to the land under their homes. That is correct. If the project were sold as a single family condominium project it would comply with the FAR standard, because the statistic would then be applied as an overall average. This change would have no impact on bulk, appearance, placement or size of any building. However, this one change would devastate its financing and its Executive Housing marketing potential. Example 2: If the project was designed exactly as it is with only one physical change it would also meet the FAR standard. The one change would be to put a hole in the center of each house, possibly by removing the third garage. This "doughnut house," with its hole in the middle, would then appear from the outside the same. There would be no apparent change to the size, bulk, setback, or placement of any building. Yet this interior hole would bring the house into strict compliance with the FAR statistic Chula Vista has experience in this type of unfavorable solution. Obviously, this would not be a practical solution It would eliminate a benefit to the home owner without adding a corresponding benefit to anyone. The FAR statistic does not create any conflict in a typical new home However, when this home is designed as an Executive Home with more elaborate interior spaces and a three-car garage, the FAR then becomes an arbitrary constraint. In this project Executive Homes with three car garages cannot be built unless this appeal is approved. Approval of this appeal would be totally consistent with the long standing City desire to encourage development of Estate and Executive homes in the northern plateau of Rancho Del Rey. FAR history & application Floor Area Ratio is an extension or traditional intensity controls in zoning. As such, they developed it to meet the regulatory needs of buildings and uses that lot size, setbacks and height controls did not control. It should be noted that FAR was developed and is best used to control development intensity in multistory structures. Although it also affects bulk, it is not an effective substitute for setbacks and height limits which directly control bulk While the early control on development intensity for single family homes was primarily a minimum lot size, height and coverage standards governed intensity of commercial development. These tended to indirectly regulate intensity through control of building bulk. However, in more urban settings it was found that height and lot coverage alone were inadequate to control intensity. Since there were occasions where additional height could be acceptable if they reduced the footprint of the building. FAR was Cinti Land Planning 10/18/95 2 developed to allow for a more creative "intensity envelope" for those situations. With a fixed FAR (fixed intensity), a building could be twice as high, if they reduced its footprint by half. These are important tradeo.IJs in urban areas where provision of light and air among high rise buildings is an important issue. F ARs are still most commonly used in highly urban areas where FAR standards are far greater than I. From the community perspective, intensity controls are much more important that bulk controls, since intensity dictates service requirements, infrastructure capacity, etc. For the immediate neighbor however, bulk controls are very important since the "neighborliness" of a three-story building setback five feet is very different from a one story building setback 15 feet. Traditional bulk standards include setbacks from all property lines and a height limit which define a three dimensional building envelope. In suburban residential development, these controls work very well because height limits of two or three stories constrain buildings that might overwhelm one-story neighbors. In addition, since contemporary building patterns in larger scale developments allow all the homes in a neighborhood to be built at once, by the same builder, the original need for bulk controls (define future building location) has been lost. In these cases, there is less need for zoning to control design requirements and many communities today allow considerable flexibility in bulk requirements for planned communities and similar developments. In some cases, design review requirements temper this flexibility to avoid any "abuse" of flexible standards. In planned development (PAD, PRD, PC, etc) the private sector developed controls largely to provide the public sector with an effective means of regulating mixed use projects that did not fit comfortably in traditional zoning district regulation Early advocates of planned development were attempting to improve upon traditional use segregation requirements of zoning and find relief from detailed lot-by-lot design requirements of traditional bulk regulations. Such requirements often encouraged developers to bulldoze the landscape to provide a development pattern that could efficiently meet rigorous lot-by-Iot requirements. Set up responsibly, the greater flexibility of planned development allows for site design that is more responsive to the characteristics, product design and local preferences. By examining a project as a whole, and constructing it as a whole, the planned development approach could result in quaJity development without a need for lot-by-lot conformance to fixed requirements since the "unknown future development," which zoning standards were adopted to control, is a known quantity and a part of the overall project. In these instances, control of potential individual home expansion or remodeling is the critical factor to maintaining a neighborhood over time. Continuing design review, CC&Rs, fixed bulk controls (setbacks and height limits) or they can use a combination to maintain neighborhood character over the long term. Argument against FAR as used in Chula Vista planned communities Chula Vista adopted FAR standards in response to a residential addition that resulted in a structure that was out of character for the neighborhood in which it is located First this is an inappropriate use of FAR. FAR is intended to control intensity (such as in a commercial or industrial building) not bulk. Cinti Land Planning 10118/95 3 Height and setbacks are the proper tools for regulating bulk (as I recall the building in question violated the height standard but was not "caught" In time). If setbacks and a height limit of28 feet are enforced, what does an FAR "add" in terms of protecting the neighborhood? In addition, FAR is not sensitive to bulk considerations. On smaller lots especially, "bulk" is a product of design and appearance. Two story elements close to the street or side yard create the appearance of "bulk," and FAR says nothing about the location of such elements, it only limits total floor area. This indirectly "controls" bulk, but at a disadvantage to creative design that is the key to a quality appearance with small lot sizes. Theoretically, a "doughnut house" (with a hole in the middle) could be built consistent with FAR standards and setbacks (maximum height with minimum setbacks) but it would appear very bulky, probably unacceptably so. Since FAR cannot truly control bulk, which is its presumed purpose, it is only an arbitrary standard that constrains design without a benefit. Cinti Land Planning 10118/95 4 , THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. CENTEX REAL ESTATE CORPORATION dba CENTEX HOMES 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or bcneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ NoXX If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. DOUR Jae2er. Centex Homes Mark Rohrlick. Centex Homes Marwan Tounis, Tbe May Group 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes_ No XX If yes, state which Councilmember(s): · . · (Nom Attach additional pages as D Date: October 6, 1995 of contractor/applicant Mark Robrlick Print or type name of contractor/applicant . !:!!E2!l is tkfiJl.cd as; "A"y indi~'idJ.uJJ, /inn, co-parrllmhip, jaw ~ GSJocuwon, social club, frmt:l71lJi organiultion, corporation, esllll4 trust, nxtiva, syndiCalt; lIW and allY olho- count)~ cily and country, city mwucipaU,y, distric~ or olhu political mbdivision, or any OlMr group or combination acting as a uniL" THE Y OF 0i1JLA VISTA DlSa..osURE ..TEMENT You are required 10 file a Slalement of Disclosure of certain owne~hip or financial interests, payments, or campaign contributions, on all mailers which will require discrelionary action on the part of the City Council, Planning Commission, and all other omeial txxIies. The following information mUSI be disclosed: 1. List Ihe names of all persons having a financial interest in the property which is Ihe subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier, , RANCHO DEL REY INVESTORS. L.P. A CALIFORNIA LIMITED PARTNERSHIP 1. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% Of the shares in the corporation or owning any partnership interest in the partnership. TRIDENT USA. INC. McMILLIN-RDR, INC. 3. If any person' identified pursuant to (I) above is non.profit organizalion or a trust, list the names of any person serving as director of the non-profit organization or as trustee or benet'iciary or trustor of the trust. N/A 4, Have you had more than S250 worth Of business transacted with any member Of the City slaff, Boards, Commissions, Commillees, and Council within the past twelve months? Yes_ No2-., If yes, please indicale person(s): S. Please identify eaeh and every person, including any agents, employees, consultants, or independent contraclors who you have assigned to represent you before the City in this mailer. Craig T. Fukuyama (J(d'i (:~ /It I Thorn Fuller Kenneth Baumaartner 6. Have you and/or your officers or agents, in the aggregale, contribuled more than SI,OOO 10 a Councilmember in the current or preceding elcction period? Yes_ No.2.. If yes, Slate which Councilmember(s): · " "(NOTE: Attach addiliollll pap e Of contraetor/appllcant Dale: 9/12/95 Print or type name Of contraclor/applicant . ~ is defined &IS; "AllY iluU"'duaJ., [inn, co-pamlD'Ship, jow YCNIVt, Q.U<<;QliOtI, socUJ/ chdJ, fraJertwl o'JOltizmion. cOfPOroo'on, eJtau, ~ receivc-, ryndicau. IIti.s and 0;.' oUtt:r cowl')', city and cowwy, wy IfWllicipoJity, dillricl, or oilier po/ilkaJ saJKJivWotl, '" tllfY oVuer If'OUP or combwuion IICIiJar tu (2 waiL "