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HomeMy WebLinkAboutPlanning Comm Reports 1998/02/11 (2) AGENDA CITY PLANNING COMMISSION Chula Vista, California 7:00 p.m. Wednesdav. Februarv 11. 1998 Council Chambers Public Services Building 276 Fourth Avenue. Chula Vista CALL TO ORDER ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL OF MINUTES - Meetings of December 10, 1997 and January 14, 1998 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: PCC-98-11; Request for a Conditional Use Permit for a small school enrolling a maximum of 25 students with educational needs and utilizing existing classroom/church facilities located at the northeast corner of East J Street and Paseo del Rey (795 East J Street), within the PC Zone - Advocate Schools 2. PUBLIC HEARING: PCM-98-24; Amendments to the Rolling Hills Ranch (formerly known as Salt Creek Ranch) Sectional Planning Area (SPA) Plan consisting of modification of the Planned Community District Regulations to allow certain encroachments into sideyard setbacks in the SF1, SF2, and SF3 Single Family land use districts - Pacific Bay Homes A gpmh -? Fpnmory 11. 1 QQR 3. Update on Council Items DIRECTOR'S REPORT: COMMISSIONER COMMENTS: ADJOURNMENT: to the Workshop Meeting of February 18, 1998, at 5:30 p.m. in Conference Room 5, and to the regularly scheduled meeting of February 25, 1998. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may require special accommodatiuns to access, attend, and/or participate in a City meeting, activity, or service to request such accommodation at leastfarty-eight hours in advance for meetings and five days in advance for scheduled services and activities. Please contact Diana Argas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) (619) 585-5647. California Relay Service is available fur the hearing impaired. ~i'f'~' < 1:"<1,,;:1 'jl-' ,,: ~,,~.v" ""-,>11 .,_,}" Ii.'; ',- '/hl:~jll~iatil'\ -'01'" fv,,'~'" :,:lirimt; ~nd at L.),_' Si 'S 1 - __= .:?_,-_lJ .s;\~n~1lt'::JU:0CL i ~k<f PLANNING COMMISSION AGENDA STATEMENT Item ~ Meeting Date 2/11/98 ITEM TITLE: Public Hearing: PCC 98-11; Request for a Conditional Use Permit for a small school enrolling a maximum of 25 students with educational needs and utilizing existing classroom/church facilities located at the northeast corner of East J Street and Paseo del Rey (795 East J Street) , within the PC Zone- Advocate Schools Resolution PCC-98-11 Resolution of the City of Chula Vista Planning Commission Recommending Approval of a Conditional Use Permit To Allow the Establishment of a Small School For Students With Special Educational Needs Within Three Classrooms of a Existing Church Facility Located at the Northeast Corner of East J Street and Paseo Del Rey. BACKGROUND The adoption of the Ranchero SPA plan in 1980 set forth specific land use regulations and designations for property located within the SPA boundaries. Included in that property was a 9.66 acre lot located at the northeast corner of East J Street and Paseo del Rey, which was designated for church facilities. Approximately 2.6 acres of the site closest to the intersection are currently developed with a church and associated classrooms/office space. The Evangelical Free Church currently occupies the site and church facility. The applicant desires to lease out three existing classroom facilities to conduct a small school (maximum 25 students) which is not related to the existing church. The focus of the school will be to provide instruction for children with special educational needs. Because a school is considered a public/quasi public use, it requires City Council approval of a Conditional Use Permit. An Initial Study, IS 98-15, of possible significant environmental impacts has been conducted by the Environmental Review Coordinator. A finding of no significant impact has been made per the provisions of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt the Negative Declaration Issued for IS-98-15 and adopt Resolution PCC-98-11 recommending that the City Council approve the requested Conditional Use Permit for a small school enrolling a maximum of 25 students with special educational needs at 795 East J Street. Page No.2, Item: 1 Meetin~ Date: 2/11/98 MAIN ISSUES: 1. The proposed Advocate School will be small in nature with a maximum enrollment of twenty five students at anyone time. These students are selected from the local school district to attend this school due to special, non-violent educational needs. 2. The proposed school will utilize existing facilities (maximum of three classrooms) and will be located within an existing church facility. No new construction is proposed. 3. The proposed school will operate Monday thru Friday during daytime hours. The proposed hours will not conflict with the use of classrooms by the existing church. DISCUSSION: Site Characteristics The project site consists of 9.63 acre parcel located at the northeast corner of East J Street and Paseo del Rey. A portion of this parcel (approximately 2.6 acres) is currently developed with a church and associated classrooms. The remaining portion is designated as an open space easement. Land uses surrounding the existing church facility include undeveloped open space to the north, existing single-family residential to the east and west and a preschool (La Petite Academy) to the south. General Plan Zonini( and Land Use Res. (3-6 DUlAC). Res. (3-6 DUlAC). Zonin~(SPA Desi~) PC (Church/Open Space) PC(Open Space) PC(Commercial/Single Family Couplet) PC(Single FamilyDetach.) PC(Single Family Detach.) Existin~ Land Use Church/classrooms/open space Open Space Preschool Site North South General Plan Open Space Open Space Res. (3-6 DUlAC). East West Single-Family Res. Single-Family Res. Proposal The proposed school will be small in nature. It will start with approximately 8 students who have been identified by the local school district as having special, non-violent educational needs. It is anticipated that the school will eventually grow to a maximum of 25 students and a maximum of 12 employees. These employees will consist of one campus director, three teachers, three teachers-aides, one secretary, three counselor driving staff and one therapist. Page No.3, Item: 1 Meeting Date: 2/11/98 ANALYSIS: Land Use Compatibility Students attending the proposed Advocate School will be chosen by the Sweetwater Union High School District based upon the presence of special educational needs. Students requiring this special type of educational setting usually have a history of non-violent emotional problems which has impaired their ability to learn at the pace of students attending regular public schools. These are not students who have the history of violence or mental illness, nor do they require residential placement or juvenile detention. It is the goal of Advocate School to work with the children therapeutically so they may return to public school rather than attend continuation school or be placed in a residential facility. The program is intense, designed to catch the student up if they are behind their grade level academically and teach the children effective behavioral skills for their return to public school. Children are supervised at all times. The La Petite Academy (preschool) across the street has been contacted and has expressed no concerns over the establishment of Advocate School at the proposed location. Residents of the area have also been notified and have expressed no concern over the proposed use at this location. There is a 20-40 ft high slope bank separating the church property from the existing residents to the east. Tenant Compatibility The applicant proposes to utilize three existing classrooms during weekday hours when church activities are not in session for a small school for students with special educational needs for up to twenty-five students. Hours of operation will be 8 a.m. to 2 p.m. Monday thru Friday for students and 8 a.m. to 4 p.m. Monday thru Friday for staff. While other classrooms may be used by certain groups or leased out to other groups during these hours, it is anticipated there will be no uses which will be incompatible with or conflict with the operation of the Advocate School. To further insure no conflict will occur between the school and any future outside (non-church related) uses of adjacent classrooms, the church, as a condition of approval, will be required to contact the Planning Department to discuss future tenants being considered for adjacent classroom areas during hours of operation of the Advocate School. ~ All activities (including lunch) will take place within the existing classrooms. The one exception will be P.E. (Physical Education) activities which will utilize existing outdoor basketball courts and other recreational amenities currently on-site. Page No.4, Item: 1 Meeting Date: 2/11/98 CONCLUSION Staff has concluded that the requested conditional use is appropriate at this location because of the above reasons. Therefore, staff recommends that the Planning Commission approve Resolution PCC-98-11. Attachments I. Planning Commission Resolution pee 98 -11 and Draft City Council Resolution 2. Ownership Disclosure Form (II:. .jeff\ pcrpt\advocate RESOLUTION NO. PCC-98-11 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A SMALL SCHOOL FOR STUDENTS WITH SPECIAL EDUCATIONAL NEEDS WITJDN THREE CLASSROOMS OF AN EXISTING CHURCH FACILITY LOCATED AT THE NORTHEAST CORNER OF EAST 'J' STREET AND PASEO DEL REY. WHEREAS, a duly veritied application for a conditional use permit Novemher 7, 1997 hy Advocate Schools; and, WHEREAS, said application requests approval of a small school for students with special educational needs to he conducted within three existing classrooms located at an existing church facility at 795 East J Street; and WHEREAS, the Environmental Review Coordinator has determined that the proposed project will have no negative impact and that a Negative Declaration (lS-98-15) shall he issued under CEQA; WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given hy its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 300 feet of the exterior boundaries of the property at least 20 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely Fehruary 11, 1998 at 7:00 p.m. in the Council Chamhers, 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 puhlic hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit PCC-98-11 in accordance with the findings and suhject to the conditions contained in the attached City Council Ordinance. BE IT FURTHER RESOLVED THAT a copy of this resolution he transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11th day of Fehruary, 1998, by the tiJllowing vote, to-wit: AYES: NOES: ABSENT: Frank A. Tarantino, Chair ATTEST: Diana Vargas, Secretary m: \home\planning\jcft\pcreslJ\advocate RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIRJLA VISTA ADOPTING NEGATIVE DECLARATION IS-98-15 AND GRANTING A CONDITIONAL USE PERMIT, PCC-98-11, TO ALLOW THE ESTABLISHMENT OF A SMALL SCHOOL FOR STUDENTS WITH SPECIAL EDUCATIONAL NEEDS WITIllN THREE CLASSROOMS OF AN EXISTING CHURCH FACILITY LOCATED AT THE NORTHEAST CORNER OF EAST "J" STREET AND PASEO DEL REY I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein, the Project consists of the use of three classrooms of a church facility, located at the northeast corner of East "J" Street and Paseo del Rey ("Project site"). B. Project Applicant WHEREAS, on November 7, 1997 a duly verified application for a conditional use permit (PCC-98-11) with respect to the Project Site was filed with the city of Chula Vista Planning Department by Advocate Schools ("Applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests pennission to operate a small school for special education students within three existing classrooms located on the Project Site; and D. Environmental Detennination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has detennined that the Project requires the preparation of an Initial Study, such study (IS 98-15) was prepared, and based on such study a Negative Declaration was prepared and circulated for public review; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Negative Declaration based on IS 98-15 on and voted F. Planning Commission Record on Application Resolution No. Page NO.2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on February II, 1998 and voted _ adopting Resolution PCC-98-11 recommending that the City Council adopted Negative Declaration IS-98-15, and approved Conditional Use Permit PCC-98-11; and G. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on February to receive the recommendation of the RCC and Planning Commission, and to hear public testimony with regard to the same. n. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on February II, 1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: III. COMPLIANCE WITH CEQA In accordance with the requirements of CEQA, the City Council hereby adopts the Negative Declaration issued on IS-98-15. IV. CONDITIONAL USE PERMIT FINDINGS The City Council 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 permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that permits the stated findings to be made. A. That the proposed use at the 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 proposed project is desirable in that the school will provide an educational facility for students with special educational needs which facility would not otherwise be easily accessible to residents of Chula Vista. B. 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. Resolution No. Page No.3 The Project use will not 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 based upon the evidence of IS-98-15 and as conditioned hereunder. The proposed use is consistent with surrounding land uses, and adequate infrastructure is in place. The operation of the project is such that traffic going to or coming from the school will be minimal; thus the project will not cause congested roadways. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed Project must comply with all conditions of approval of PCC-98-11. D. 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. The Project confonns to all elements of the General Plan and other adopted plans affecting the Project Site and therefore will not have an adverse impact thereon. Furthermore, the Project is proposed to be operated on an already developed site, with easy access to public facilities (water, sewer, public roadways etc). V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-98-ll subject to the following conditions whereby the Applicant Shall: A. Ensure that the proposal complies with the use outlined in the application and material submitted therewith including, but not limited to the following: I. Emollment in the school is limited to a maximum of twenty-five students at anyone time. Maximum number of employees shall be twelve. 2. School hours shall be limited to Monday thru Friday 8:00 a.m. to 2:00 p.m. for students and Monday thru Friday from 8:00 a.m. to 4:00 p.m. for employees. 3. Other additional activities on the site during the same hours as the operation of the school may be subject to prior approval by the City. 4. Comply with all state licensing and certification requirements and all codes and requirements of the City of Chula Vista and Sweetwater High School District. B. Any change to the operational profile or any request for an expansion of the use shall require approval of a modification by the City Council of this Conditional Use Pennit and or the Negative Declaration, and may result in additional conditions of approval and/or mitigation measures. Resolution No. Page No.4 C. Operate the Project as submitted to and approved by the City Council, except as modified herein and/or as required by the Municipal Code, and as detailed in the project description. O. Operate the Project in accordance with all standards and policies of the Sweetwater Union High School District. E. Comply with all federal, state and local laws, regulations, permits, City ordinances, standards, and policies except as otherwise provided in this Resolution. F. This conditional use permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. G. This permit shall be subject to any new 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 Permittee and after the City has given to the Permittee 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 Permittee of a substantial revenue sources which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover.. E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute and have notarized the attached Agreement (Attachment" A"), indicating the Applicant has read, understands and agrees to the conditions of approval contained herein, and will implement same. VI. INDEMNIFICATION/HOLD HARMLESS Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (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 permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (0 Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing the Agreement of this Conditional Use Permit where indicated. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all Applicant's/operator's successors and assigns. VII. NOTICE OF DETERMINATION Resolution No. Page No.5 The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. VII. 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 term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Robert Leiter Director of Planning John M. Kaheny City Attorney AGREEMENT BY AND BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND ADVOCATE SCHOOLS RELATED TO THE CONDITIONAL APPROVAL OF PCC 98-11 The Applicant shall execute this document by signing the lines provided below, said execution indicating that the Applicant has read, understands and agrees to the conditions contained in Resolution No._, and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No._shall be recorded with the County Clerk of the County of San Diego, at the sole expense ofthe property owner and/or applicant, and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days or recordation to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Representative of Advocate Schools Date Attachment: Resolution No. -- " THEr OF CHUlA VISTA DISCLOSURF EMENT You arc required to file a Slalement of Disclosure of certain ownership or financial inlerests, payments, or campaign contrioutions, on all mailers which will requirc discretionary action on the part of lhe City Council, Planning Commission, and all olher official bodies. The following informalion must be disclosed: 1. List the names of all persons having a financial interest in the property which is lhc suoject of the application or the contract, e.g., owner, applicant, contraclor, subcontractor, material supplier. t:.vloN6Ct...ICA.L F"REE. C-1-\U'RC.1i of Ct"\UL-A V 15Ti\ (OWN-E:R.) p.,PVOCATh S:rIOOL5 (1"eN.f>..N\ :' A?pIICA.N.T ) 2. If any person" identified pursuant to (1) above is a corporation or partnership, listlhe names of all individuals owning more than 10% of the shares in the corporalion or owning any partnership interesl in the partnership. Nt") ON.e.. ' 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 beneficiary or Irustor of the trust. PVD~ rru:. ChOiKH VlSTJ'\ 1;S 010~ fVAN.0eLICAL 'VI==- C1LJL./I.. 4. Have you had more than 5250 worlh of business transacted with any memoer of the City slaff, Boards, Commissions, Commillees, and Council within the past twelve months? Yes_ No---fIf yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consullants, or independent contractors who you have assigned to rcpresent you before the City in this mailer. ' WAN.pA )Jr/5 b 1/ ElleN Wn6H7 !-y NfJ. .5a1 IT}-{ 6. Have you and/or your officers or agents, in the aggregate, contribuled more than 51,000 to a Councilmember in the current or preceding election period? Yes_ No.,K. If yes, slate which Councilmember(s): Date: ltbjq] " " "(NOTE: Attach additioD3l pages lIS necessary) . . . ,1;/'/7/.7 ~~~~~Pli~nt L Y.N."q "3~ -.Sn /77-/ Print or type name of contractor/applicant . Pm(m is tkfincd os: "An)' uuJboidua/, finn. co-parDlmhip, joi1U venl1Irc, twociD';Otl.. sociJJl clu.b, frDlm1lJl Of-gtltlwJliorl., corporanmJ.. t'SIDIC, D'ILJf., recdw:r, syndiCDIC, this Qnd all}' otha CO"'II)', city QluJ COU/II1)', city 'rwJl;cjpa/il)~ disrricl, or other poJiucal ~bdivisio1L, or allY olher group or ctHnbuwlio" Dewit AS' Q w&iL." PLANNING COMMISSION AGENDA STATEMENT Item -.L Meeting Date 2/11198 ITEM TITLE: Public Hearing: PCM-98-24; Amendments to the Rolling Hills Ranch (formerly known as Salt Creek Ranch) Sectional Planning Area (SPA) Plan consisting of modification of the Planned Community District Regulations to allow certain encroachments into sideyard setbacks in the SFI, SF2, and SF3 Single Family land use districts- Pacific Bay Homes The applicant proposes to amend the Sectional Planning Area (SPA) plan for the project formerly known as Salt Creek Ranch and now identified as Rolling Hills Ranch (see Attachment I, Locator). The proposed amendments would allow certain setback encroachments which would accommodate trellis structures over driveways, where the driveways lead to garages located in the rear of the lot, for the SFI, SF2, and SF3 single family detached land use districts of Rolling Hills Ranch). In order to accommodate such encroachments, the applicant has proposed amendments to the SPA's Planned Community District Regulations. The Environmental Review Coordinator has determined that the project is exempt from environmental review under CEQA as a Class 5(a) exemption (minor alteration in land use). RECOMMENDATION Adopt attached Planning Commission Resolution PCM-98-24 recommending approval of the amendments to the Rolling Hills Ranch Sectional Planning Area Plan Planned Community District Regulations, in accordance with the findings and subject to the conditions contained in the attached draft City Council Resolution. DISCUSSION Site Characteristics The project site is the planned community of Rolling Hills Ranch, formerly known as Salt Creek Ranch. Rolling Hills Ranch is a 1,200 acre residential community which includes 2662 residential units on 791 acres, 27 acres of parks, 351 acres of open space, two school sites, two community purpose facility sites, and a potential fire station site. This project is located east of the easterly terminus of East H Street, north of the Eastlake Business Park and south and east of the future San Miguel Ranch development. Page 2, Item 2 Meeting Date 2/11/98 Zoning and Land Use Zoning Land Use Site PC (Rolling Hills Ranch Planned Community) Vacant, grading currently underway for residential North San Miguel Ranch Planned Community) and County of San Diego unincorporated areas Vacant, future residential in San Miguel Ranch; Otay Water District in County South PC (Eastlake I Planned Community) Light Industrial, Eastlake Business Park West PC (Eastlake I Planned Community) PC (San Miguel Ranch) Multi-family; Salt Creek I Condos Vacant, future residential East PC (Otay Ranch Planned Community and Watson Land Co) Vacant, future low density residential Proposed Proiect The proposed SPA amendments consist of the modification of the Planned Community District Regulations development standards to allow certain encroachments into sideyard setbacks in the SFI, SF2, and SF3 Single Family (detached) land use districts (see Attachment 2, Zoning Districts Map). These single family land use districts feature minimum lots sizes ranging from 5,000 to 7,000 square feet, and each ofthese land use districts require minimum sideyard setbacks of 5 feet on each side for the principal structure. The requested encroachment is designed to accommodate trellis structures attached to the main residence which would provide a covered parking area for single family lots where plans feature attached garages located at the rear of the residence (see Attachment 3, sample floor plan). The proposed encroachment would allow the placement of the supporting trellis post and eaves within the 5 foot setback area, with no portion of the structure closer than 3 feet to the property line. Analvsis The land use districts affected by this application comprise a total of 1187 single family lots. The application is intended to provide a design feature option for a new product type (attached two-car garage at the rear of the residence with additional tandem space) which the developer will be test marketing. The product being developed is similar to that product in the Otay Ranch described as the "Hollywood Driveway", featuring the longer driveway at the side of the property leading to a garage which is significantly pulled back from the street. Page 3, Item 2 Meeting Date 2/] 1/98 Variances to allow this type of encroachment were previously granted by the Zoning Administrator for five lots, including one model lot currently under construction, based upon site plan constraints on those five lots. However, the applicants are processing this amendment to provide for more widespread useage of this design feature should marketing of this floor plan prove successful. Staff is supportive of this residential product design which addresses a long-standing staff concern regarding the undesirability of garages dominating single family streetscape. This floor plan pushes the garage to the rear of the property, thus allowing the developer to provide a 3-car garage while minimizing the garage's visual impact. The wood trellis which is proposed to be utilized would be open on three sides, features a flat cover at least 50% open to light, and is a maximum of 10 feet high. Thus the structure, while complementary to the residence, also "disappears" somewhat due to its open construction and therefore will not have negative or obstructive visual impacts on adjacent property As noted, the encroachment requested would be no more than 2 feet into the required 5 foot sideyard setback; this includes the structure's eaves. In fact, this encroachment would be permitted by right if it was for the eaves alone; eaves, along with certain other architectural features, may encroach into up to 40% of a sideyard setback. However, walls or posts may not encroach into setback areas, thus necessitating this modification to the setbacks in order to accommodate the trellis feature. Rather than change the established setbacks, the encroachment has been drafted as an exception to the required setbacks (see Exhibit "A" attached to the Council Resolution). As proposed, this encroachment would be provided only for a trellis structure over the driveway, and only for those lots which feature the rear-garage floor plan. The amendment appears as a footnote on the development standards under sideyard setbacks (see footnote #6 on Exhibit "A", attached to the draft City Council resolution). Staff was initially concerned regarding the need to clarifY the precise scenario and design for which this encroachment is desired. As a result, staff has recommended and the applicant has agreed, that additional design restrictions be utilized; these have been added in a text section immediately following the development standards (see page 2 of Exhibit "A" attached to the Council Resolution). These additional requirements and the accompanying graphic will clearly demonstrate the feature for which the encroachment is intended, and will provide design parameters which will ensure that the encroachment is not later used for enclosed structures or additions. Conclusion Staff finds the proposed residential product type to be desirable, and the trellis design feature for which the proposed encroachment is intended a positive enhancement which poses no negative impacts. For these reasons as well as others noted above, staff recommends approval of the proposed amendments to the Rolling Hills Ranch SPA Plan Planned Community District Regulations, in accordance with the attached draft City Council Resolution. Page 4, Item 2 Meeting Date 2/11/98 Attachments 1. Planning Commisslon Reso1ution 2. Draft City Counci] Resolution 3. Attachments locator zoning districts map sample floor plan 4. Disclosure Statement PLANNING COMMISSION RESOLUTION RESOLUTION NO. PCM-98-24 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE ROLLING HILLS RANCH SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING CERTAIN SETBACK ENCROACHMENTS WHEREAS, a duly verified application for an amendment to the Rolling Hills Ranch Sectional Planning Area (SPA) plan was filed with the Planning Department of the City of Chula Vista on December 19, 1997 by Pacific Bay Homes ("Developer"); and, WHEREAS, said application requests an amendment to the Rolling Hills Ranch Planned Community District Regulations to allow, with certain restrictions, a 2 foot structural encroachment, under certain circumstances, into required sideyard setbacks for the SFl, SF2, and SF3 Single Family Land Use Districts; and, WHEREAS, staff has recommended, and the applicant has agreed to, certain additional amendments to support and clarify the requested Planned Community District Regulation amendments; and, WHEREAS, the Environmental Review Coordinator has determined that the project is exempt ttom environmental review under CEQA as a Class 5(a) exemption; and, WHEREAS, the Planning Director set the time and place for a hearing on the proposed SPA plan amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants 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 7:00 p.m., February 11, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the amendments to the Rolling Hills Ranch SPA plan Planned Community District Regulations 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 11 th day of February, 1998, by the following vote, to-wit: AYES: NOES: ABSENT: Patty Davis, Chair ATTEST: Diana Vargas, Secretary DRAFT CITY COUNCIL ORDINANCE ORDINANCE NO. - AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE ROLLING HILLS RANCH SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING CERTAIN SIDEY ARD SETBACK ENCROACHMENTS WHEREAS, the area ofland which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, is commonly known as Rolling Hills Ranch ("Project site"). WHEREAS, on December 19, 1997 Pacific Bay Homes ("Developer") filed a Sectional Planning Area plan amendment application with the Planning Department of the City ofChula Vista and requested approval of certain sideyard setback encroachments in the SFl, SF2, and SF3 Single Family land use districts under the Planned Community District Regulations ("Project"); and, WHEREAS, staff recommended that certain additional amendments to the Rolling Hills Ranch Planned Community Deistrict Regulations be included to support and clarify the requested amendments, and the applicants were agreeable to said amendments; and, WHEREAS, the Planning Commission held an advertised public hearing on said project on February II, 1998 and voted (_) to recommend that the City Council approve the Project based upon the findings and subject to the conditions listed below; and, WHEREAS" the City Clerk set the time and place for a hearing on said Sectional Planning Area Plan amendment 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 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place, namely March 10, 1998 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does ordain as follows: SECTION I: That the proposed amendments to the Rolling Hills Ranch Sectional Planning Area Plan Planned Community District Regulations to allow certain sideyard setback encroachments in the SFI, SF2, and SF3 land use districts are hereby approved as depicted in Exhibit "A", attached hereto. SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its second reading and adoption. Presented by Approved as to form by Robert A. Leiter Planning Director John Kaheny City Attorney EXHIBIT "A" NEIGH3:'''''IOOD ..13 78 & 8 1&2 6& 7A 3 5 4A, 48 5FE SF1 SF2 SF3 SF4 SFA' MF2 7 Side yard selba::!; rm feet): a. To adjacern residential 6 1015 6 6 6 10156 lot (min. totaUone side) 1015 10/5 1015 1015 10/5 SP SP b. Distance between detached restdentia! lJT1its 10 10 10 10 10 10 10 SP NA c. To adjacent street SP SP (comer lot) 15 15 10 10 10 10 10 8 Rear yard setba::i (In feet) 25 20 15 15 15 15 10 10 SP 9 S:enic highway setbacks: a. East H Streeet (from right-of-way) - Minimum 20 - Comers E. H and Hunte Pkwy 100 E. H and other streets 30 b. Hunte Parkway - Minimum 20 10 Building height (m feet) maximum: A.:::::e.ssory building maximum 28' 45' 0n feet) 26' 28' 28' 26' 26' 28' 35 MaxImum heil1hl is :l!' fur two-st::Wy single-.famity homes, if approved by the ZOlIing ADministrator. MaxImum height is 045" fDr tnree-story multi-f:iilmiIy home S1J'I.1C:ttn;:$. 6 Open trellis structures attached to the residence may encroach up to two feet (including eaves) into one required sideyardfor properties in which the garage is 10Cllled in the rear 50% of the lot, subject to the requirements of Planned Community District Regula1ions Section 2.3.]. Fina! San Creek S?A 213/47.008 November 12, '991 Amended F ebruo.ry ]]. ] 998 ~E~C::~3cr~~Jr:::- S :2 '72 ~ 8 1 - 2 C - "3 J ~ LJ., :13 C~~ ~f'1 ~F2 ~F1 E..E.-'- i'F1\~ "'" 11. Parking spaces per unit: Single-Family Estate 2 garage spaces SFl 2 garage spaces SF2 2 garage spaces plus 1 guest on street SF3 2 garage spaces plus 1 guest on street SF4 2 garage spaces plus 1 guest on street SF5 2 garage spaces plus 1 guest on street SFA 2 spaces per dwelling unit (1 covered) plus guest parking MF 1.5 spaces per 1 bedroom unit 2.0 spaces per 2 bedroom unit 2.5 spaces per 3 bedroom unit An open trellis structure attached to the residence may encroach into one sideyard setbpck to a maximum of 2 feet, including eaves, on those lots in which the garage is located in the rear 50% of the lot. Trellises shall span, but may not obstruct, the driveway (see graphic) . ..;..~.:. ...-.-- / . . -.:. ( - - - ~ 1 T . 2.3.1 Setback Encroachments for SF1, SF2. and SF3 Districts: The trellis shall be open on three sides and shall be constructed of 8"xB" wooden posts with a flat wooden cover at least 50% open to light. Maximum trellis height shall be 10'. The trellis shall be no larger than 300 square feet, and is subject to all lot coverage and floor area ratio regulations. ~ I b I 1 o . 154 33 rr =565-77 II-16 ;; 5' se!baok g ~clf ""::: -~ r: .. ~: : ~ .. 3- D 0 I I "",,1 _ ,I =J ~:-;;'::::'_,_nr---r- u~TI 1 j....'T 11 1 Final Salt Creek SPA 213/47.008 November 12, 1991 Amended February 11, 1998 . ATTACHMENTS - E- ~ 2 ~ ~ t!'! ::r '/ I;.. <t1. E- J E- ~ SAN MIGUEL RANCH E.L. WOODS CH U LA VISTA PLANNING DEPARTMENT LOCATOR PROJECT Pacific Bay Homes PROJECT DESCRIPTION: ~ APPLICANT: AMENDMENTS PROJECT Rolling Hills Ranch Request: SPA Amendment, modify sideyard setbacks 10 allow 3' ADDRESS: tor trellises attached 10 residence 10 accomodate Hollywood SCALE: FILE NUMBER: driveway conditions. NORTH No Scale PCM-98'24 h:\homelplanning\carlos\localorslpcm9824.cdr 1/29/98 I I I ,..-u_u_u_u_u_uJ._u_u_u_.. ,~ r " ! ! i ~ " ! -! ! I I ! ! i r- -1 \ ! ~ 1....-..-..-..-.. .. "" ~ ~ " ';-" ';0: c: ,. o .. ~ ;0 :c :0 ~ C1 Z w o w -' ~ ~ ~ ~ ':" II =1 ~ I' V) I I,.;.; '" U it7> L -- hE- '" '~- ~ ~ o.. ~ cC w ~ v: < "' c ~, / ' \ -" l / w Q <7, \ -<:;i! ':;; L... "' c '''-.....----, i;' ifo i;' '" " < <. o.. - o.. w ~ W if -" '" Q .. ~ < - < " .. ::. w ~ ? i7; ? if. " E .. '" ", ~ ~ .. ~ if :2 - i< cC i v I '-'-I i I ~III- ; ~ ,I", I:'" :o:LJL I I ~: 10 ! ~ ;;; ~ i i '~ . .,' . rUl I ".- . . I "~ . j i ' ..-:--- ~ uJ LuJ_u_.._u_u_u_u_.~_.!; Y\ .,. ..."" /'" /''t. 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I 71 ~-0" ... - coo<:!.. I H_~.;;.p _____1 I "I ,~ I:..:' ~ PWDR, I. "I r~ Cf ' ~ c::J . I \. .-...-J , I 0; 0' -. . 0" o C ....< to ~ODM _ 9~ 0" -< ~.; , , , " " ~ .. ~ " "40" ~ 15 -r"IO' !;iiISD ..._,olL ..,S"..._'O ~'-~' I /" / / / o I I i\ u- I I ~ UVING C~T, "'. DINING C"'T, "'. / \ I. ~ /" :.!,~ATIOtlS}' . . "':::"i~. .'-'11'2' , ~r.s Co":::' y\ I) ij ~\ \ ! o. ~~ r , , , ----- 1:3""- SOLO C~J: DOOR 111/ SELf ClOS!:R vr TYPE or. CO"-PSUI"I ~OARD A" ...u. COMMON IIAu..S AtlC CE-ILn,:C,S "ETWEEJoI WOIJ'SE ......0 C,...Ji!AC,E. AN::> A" ....u. AR"'C.E LO....D f'I!:....RINCO ~~ "'-010 &';'C'nOWA.L Co-:;' O'~ ".-]" ~~~rRje.':" ~ U I , . '".1 { I~~"+++.>r: ," :$f~~~~:~~::~~:=~~==~~;j~ , .' .' " " I',' " 1~~]r~lrlt~t~~ /" ::IcT--Z' / / / / / / ;/111. TTP!! 'x- C.'ff'SUM ~OARD WALLS .....0 CEIUI.IC.S Of US~LE SPACe. UW:)ER STAI';:S 9 ;. 10.-0' ... 8'xeo POSTS ~XI!I "L....,. -~ ~ ~ /" ~----.: ROOM :zoo "'M," ELEC'TRU:....L SEI01VICE ;O~O ...L.S..... EO. 10.-0- -.~~- -. - -- -. ,-, "" ;- ,.,. I r I I ! ..I ~j ~ . (f) "' I UJ w .... . . f- 0( " (3 . -< 0 ~ - '" ~ () '" 0( . 0 .. ~ (f) ~ .... < (f) 0 0 8 -< UJ .... ~ 50 > 0 0 c: . 06 0( c ~ c: ~ UJ ~ . -< c: " 0 w .J E ..J . ,.: . g f- 0 0 " < > , 0 0( ~ 0 ~ '" Q 0 0 ~ 0 ~ (:J ~ . (I) ... z ::E <( 0 Z-' :I: <<:0.. -'~ >- 0..0. < !!Co '" 0-' OIL 0 io - II.. Z - f-O lIJU 0 ~w < ILU) "- PLAN 3 ..,,,,, Dl'~ ". C'V"I' .....n ... """"n LIoI, DL REVSCNS A3.1 ('0) E- 'Z ~ ;;f :I: ~ ~ E- E- ~ DISCLOSURE STATEMENT TI1F Cl OF CHULA VISTA DISCLOSURE ST ::ME~"T You arc required to file ~ SIiJ1CmCnl or Di~c!osurc of ar:ain ownership or fin~.mcial ir.ICrc.qS, payments, or campaign contrihUlions, un alJ m<illc.rs which will require discretionary action on the pan of the City Council, Planning Commission, and all olher official bodies. The following informalion must be disclosed: I. List the names of all persons having a financial intcrcsl in the property which is the suhject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Pacific Bay Homes 2, Ifany person' identified pursuant 10 (I) above is a corporal ion or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interc.st in the partnership. 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 beneficiary or trustor of the trust. 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? Ycs_ No...x 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 represcnt you before the City in this matter. Lundstrom & Associates David Lorimer & Associates 6. Have you and/or your officers or agents, in the aggregate, contributed more than SI,OOO to a Councilmember in the current or preceding election period? Yes_ No~ If yes, state which Councilmember(s): . . . (NOTE: A'''''' .",",,",, ,.'" ~ .=~~ . ignature of contractor/applicant GULf 4::'4'<.0 Print or type name of contractor/applicant Date: \ \ /-z.. b /cr =t . Person u defined a.t: "Any indi\'JduaL fi.nn, co-parr/l~hip, jOmJ Vallure, association.. social club, frau:!?Jal Org01JUalioll.. corporatioll., estate, trust, receiver, syruJicatc, this and ony othr:r COUIIl)', cily aud COWIIT)', city mUlJjcipajjf)~ disuicl, or Olhr:r political subdil'isioll, or allY other group or combUIDlioll Detitlg a.s 0 wut.. "