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HomeMy WebLinkAboutAgenda Statement 1975/08/05 Item 19Item 19 August 5, 1975 CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT ITEM NO. )c&iID:: 19 8/5:/7:' FOR MEETING OF: ~f.:;.fJx "TITLE: Public hearing - Consideration of amendment to municipal code relating to . "P" Precise Plan Modifying District , Ordinance - Amending municipal code sections relating to "P" Precise Plan Modifying District Director of Planning Sl:.COi'iD READll\iG AND AD02T10N EXPLANATION: tie result of a number of inconsistencies arising from the application of the "P" Jse Plan Modifying District .to various properties, staff has in the past few months rtaken a review of the wording and requirements of this zoning modifier, with :~"cular emphasis on addressing the following recurring shortcomings: " .'he City Attorney's office has indicated that the "P" District cannot be used to the types of land uses which would otherwise be allowed by the underlying zone lthough the language of Section 19.58.040 implies that such limitation is possible. ',resent provisions do not give the City the authority to establish specific densities restrictive than the underlying zone. ~~Mthough sign locations are an integral part of any precise plan, the ordinance ~~.'des no legal means for review or changes by the City. nder the present regulations, building elevations are not required as part of the }se plan submittal. Resolution EXHIBITS ATTACHED Ordinance X Plat Other X Rpt. to Plan. Comm. Ltr. from City Atty. - -3 onmental Document: J Attached X Submitted on FF RECOMMENDATION: Concur with Planning Commission recommendation for amending the ,~c.ipal code relating to Precise Plan procedures, and recommend that Council find ,t"in accordance with the Negative Declaration 15-75-1 and the findings therein that ~:,proposed amendment will not have any possib1e'significant impact on the environment, ,,,'certify that the Negative Declaration has been prepared in accordance with CEQA 1970, j;amended. 'RD/COMMISSION RECOMMENDATION: The Planning Commission voted 5-1 on May 28, 1975 ..ecommend approval of the amendment relating to Precise Plan "p,rocedures in accordance :,~ ,Resolution PCZ-74-3. A :P :P R 0 V E ]) 'i~ by tIle City Council . of Chula Vista, California Ila t ed............L.2.:::.1 S Form A-113 (Rev. 5 -'75) AGENDA ITEM NO. Itah 19 Supplemental page 2 Existing Precise Plan Procedures The following are the existing procedures regarding the Precise Plan in the Zoning Ordinance (number references are to the newly codified ordinance): Sec. 19.56.040 - P Precise Plan Modifying District - Requirements "See also Section 19.58.250. Whenever the P district is established on the zoning map of the city, the uses of land and buildin9S, height of buildings, yards and other open spaces and other information shown on the precise plan and adopted for said district by the planning commission shall take precedence over the otherwise applicable provisions of the zone modified by this provision." Sec. 19.58.250 Precise plan "A precise plan shall include a plot plan dravm to scale (fifty foot scale minimum, except as allowed by the planning department) that encompasses an area that has been- designated for future development for industrial, commercial and/or multiple family residential uses. The plan shall be completely dimensioned and contain the following: - A. North arrow and scale; B. The boundary lines of subject property designated for development with bearing and distances given; C. Existing topography and proposed grading plan showing all slopes and retaining walls; _ D. Existing and proposed utilities (streets with names, sidewalks, telephone poles, etc.) and easements; E. Proposed location of buildings: The floor area, number of stories, number of units and bedrooms (when applicable) shall be given; F. Loading and trash areas, driveways (dimensioned), walls and/or fences (include height), pedestrian walks, and landscaped areas; G. Parking layout." In addition to the problems cited above, it has also been noted that the precise plan data reouirement (in 19.58.250) has often resulted in the Planning Commission receiving insufficient information to make a proper decision on whether a given precise plan fulfilled the intent of the original application of the "P" District. Proposed Modifications to the Precise Plan Procedures The detailed zoning text amendments for in the Planning Commission Exhibit "A". achieve the following: 1. Signs and densities are included as legitimate concerns of the precise plan process. (Sec. 19.56.040) the precise plan procedure are set forth In summary, the proposed amendments would 2. Firm findings are required to be made before the "P" District could be added to an underlying zone. (Sec. 19.50.041) _ 3. The data requirements of the precise plan application are expanded. (Sec. 19.56~040) 4. A policy regarding density modification and phasing (Sec. 19.56.045 and Sec. 19.56.046) is established. 5. The precise plan approval process is more clearly established (Sec. 19.14.570 through Sec. 19.14.578). 6. Several "housekeepi ng" amendments are made to e 1 imi nate redundant or confl i cti ng requirements. COi-;PA"ISON OF EXISTIiiG AiW PROPOSED PREOSE PLAii SUBHiTTALS Existing N01'th arrow, scale, legal Yards and space between structures ~oundar;' 1 i nes of property (di mens i on) EXlsting end proposed topography Existing and prcposed utilities and easements Pedestrian and vehicular access Proposed Same Same Same Same Same Same AGENDA ITEM IW. ;&tbx 19 JJ ... Supplemental page 3 ~~j 'I, ..~ ...' Offstreet parking and loading Building Locations Same Same H :~ ~f }. ", ;it "~ Indicate Landscape areas Changes Same plus outline of landscaping concept showing existing trees .. , ,i.{{' .tf ~J Floor area/No. of stories Indi cate I'fa 11 s Same plus floor plans, height, elevations and proposed uses Show height and material of walls .,. i. ,Show location, height and size of signs Lighting, including location Procedure Plans are submitted for staff Same review Plans are forwarded to Planning Commission for acceptance Same, except Planning Commission would recommend to City Council. City Council would give final approval. No fee $100 fee No phasing indicated in ordinance Phasing provided, with elevations and building material deferred until concepts developed. Planning Commission Deliberation The Planning Commission considered this item at great length before recommending approval; the len~th of deliberation resulted from substantive questions raised by one Planning Commission member and concerns from the City Attorney's office about the sustainability of the amendments'. During the course of the hearings, these concerns were largely resolved. For the City Council's information, the last staff report to the Planning Commission (dated 5/28/75) which contains the most important discussion of the Planning Commissioner's concerns, is enclosed. In addition, the City Attorney's memo of May 21, 1975, which was sent to the Planning Commission with the last staff report, is also enclosed for the Council's information Environmental Review The Initial Study (15-75-1) was conducted by the Environmental on January 19, 1975 and a draft Negative Declaration was made. Commission certified this Negative Declaration on May 28, 1975 forwarded for City Council certification. Review Committee The Planning and it is herewith ,jty planniq Commission ~genda Items for r'leeting i, ~. '\I\l- 1 of nay 28, 1975 : .i'..~. "page_ PUBLIC HEARING (Cont. ): Consideration of amendment to Zoning Ordinance relating to Precise Plan procedures BACKGROUND ~iS item has been continued on numerous occasions to provide time for written 'nput from the Planning Conmission as \-Iell as a comprehensive analysis by the ity Attorney's office concerning necessary findings and controls established by he ordinance. ANALYSIS 1. Comments by Planning CODJl11i ssioner Smith. . Planning Commissioner Smith submitted a written list of constructive omments (copy enclosed) relating to the proposed amendment. The comments have 'een condensed for the purpose of staff response to those comments. A comparison art has been included (see Exhibit B) to facilitate review of existing and roposed Precise Plan Requirements. a. It was indicated that certain confusion exists between the "0" zone and the "P" zone. There is an overlap between the two modifying districts Slnce both the "0" zones relate to site plan and architectural review. The "0" zone \-Ias 'reated several years ago, prior to the requirement for site plan and architec- 'ural revievl by staff of all multifamny, commercial, and industl'ial projects. e "P" zone offers a more comprehensive approach to the review of a project ~ding up to the attachment of essential conditions. The staff plans to 'commend deletion of the "0" r~odifying District, but feels that it is not an 'sential pat't of the subje::.t "P" J'lodifying District zone text amendment. Such -'additional amendment should be accompanied by rezoning actions to remove the " designation from the properties now carrying it. b. A list of items was submitted as the suggested elements needed on any plan filed with the City~ . The sugge~ted'organization and wording was helpful to the staff and for e most part has been incorporated into the latest draft. Three items (land- ~ping concept, recreational area design, and lighting) suggested for inclusion ~"the staff Here deleted by Commissioner Smith. The staff feels it appropriate or these items to be included in the precise p1an submitta1. It is especially r;,itical that the City and the appl icant reach a clear understanding of the n.dscaping concept as ea1'ly as possible. This viould not necessitate the expendi- re of large sums of money on elaborate plans. However, the applicant would be uireJ to utilize the services of a landscape architect to assist in the design out and grading in the ea~ly planning stages. c. It was also suggested that the number of COp18S of the required plan be included in the list. This' is more appropriately covered in the application form since the could change periodically. Planning Conmission Items for Meeting of ~ay 28, 1975 page 10 d. It was suggested that deiignations similar to those used on the Genera'l Plan be attached to the "P" zone. The staff concludes that this is unnecessary and would lead to confusion zoning and General Plan designations. e. Reference is made to possible misapplication of the "P" zone under Section 33.901 8, paragraph 25. As noted in the February 5th staff report, it is Pl^oposed that 'ragraph 25 be deleted. f. It was noted that the $100 fee could prove inequitable and should vary \'lith the size and complexity of the project. This is a valid concern \1hich some cities have addressed by adopting :omplex fee structures for each type of application. Most cities, hO\'lever, ,ave adopted a flat fee \'Ihich is appropriate for the "average" application with "'';''he recognition that some applications may require more revie\1 and some less ~view. The figure proposed is more than the fee for conditional use permit 'nd variance applications and less than a rezoning, and therefore represents an ~uitable figure in relation to the existing fees. g. The concern was expressed that the procedures for application of the "P" zone are similar to and overlap the zone var'iance and zone change procedures. There is some similarity between the flexibility allowed under the "P" District 'd the variation which can be allowed under the variance procedure. The legal ~sis for the two items is entirely different, however., Staff can elaborate on bis at the meeting if necess?ry. A full written response would be quite lengthy. uffice it to say that the intent of the "P" District is to allow a depal^ture ,om the normal yard, height, open space, etc., standards of the underlying zone, ton the basis of hardship but on the basis of achievement of a superior overall ,sign solution. " I, 2. City Attorney's Comments ~ The City Attorney has written a separate memo (included in packets) regarding lS opinion of the legality of the Precise Plan r,jodifying District, as vlell as .~ required findings necessary \'Ihen applying the "P" r'lodifying District to any ecific area. ; In his memo the City Attorney states that the "P" District cannot be used to pose a more restrictive density than that allowed by the underlying zone. Wever, he does state that the Planning ConGission may accomplish the same ,sired control by increasing the area required for each d\'lellil1l] unit, so long .th2 required area \'la5 not greater than the minimum required in the next acent zone. The basis fo;' this opinion StCiT,S 11'0111 hi:, concern that a density !tation would deny the property Owner equal rights as other property owners lng the same ~oning cl~ssification. It is the opiniun of the Planning staff that R-3-P zoned propedy is not the ,e zoning as R-3 and, therefore, the same densities do not have to prevail in ~;h Zones. The City f\ttorney has indicated his conCUrl"ence \-lith this intel"pre- > ,ion 'if the attachment of the "P" i-iodifying District cleal'l)' states the, allowilbl c: ....,." y Planning Commission enda Items for l~eeting of t'lay 28, 1975 page 11 I . ~sity. This can be accomplished by adding a numerical designation after the p" indicating the number of units allO\l'ed per acre. [Example: R-3-P(8) \'Iould , dicate a multifamily zoning, allowing 8 units per acre under a precise plan.] . RECOt'i~lENDATIOli 1. Adopt. a mot'ion finding that in accordance with the attached Negative claration on case number I5-75-1 and the findings therein that the proposed 'ning text amendment to the Precise Plan Modifying District will not have any ossible significant impact on the environment, and certifying that the Negative eclaration has been prepared in accordance with CEQA 1970, as amended. 2. Adopt a resolution recommending that the City Council amend the Zoning "dinance in accordance with Exhibit IIAII. ~ . " '\ - :...'!:. ~-~j .....~ :-~ ""' .........1. . r:;.."::,. r'\'I.. . /,,1>,\ ~.,. ..~.."". ~,-,1.t, ,-.,.,,,,, ,J:):, ("['I ../,,,,,;.,1r.,-~,.,." ~'" .....'. ~ " ~';~~:..iI~.';rl(f.,?U<fFf"!i1:;""7i(lffnr" _ .' . :~~:,-:'~:.,:;. "'} ;.;'4....,..,.~,. " ""':M. :, "'~"J:::: ::/ ~';:.:.:, ~,,//t':; ':'/ALNllflUt!tI[f~.'it"i/.'r.',!,\I.r;lpm: tf]r"1'~'111_'\'I' '~':r.I." y,.,~~.; . 1 ~;dUk J.lifltttll't:UltH}J.iJ!./r ~':'!:r"""/:/"I!tJ!..\tIHih\H In",E -:~- .- t ~"'~11 "~. h~ .... t, ,'::k ~ ~ t; ro . jf f:f. j;//,,/( ,L-.....I.~,J..\ "tH. ..._'~~... I \{,.\ht :"'I'\i: j. \:"~'~;,' ~: . ',Sri il i~.: :,*li~ 1 i:: I"J \tij i'./:f.""Jj 'H f-'H 'I~{:".'~ ;::,'" ,ii. ~ . - ~., t',,' I ~ ,~......_,~it -_ \-'1}, .-. ~--U ..- G! ".-- ...., f 'I t::t.. t"t"l,. ,l., ,....t f~ :r _" --:;.~ it:-}.!.;....;,. -..- I r'<:~~""..~~ J \.....J __,0 _ ~4 ...,... "f;:!' ~- ,'" _ ~ _ ~if:....:.~ ,.olo....n :'~~"7 ~ .-''''''--~ ~ .....,.. --.... . .A l... .. ,",,~.....&.o ._ ,i';:' - ,. '" ~~. ..) -.--. :.~- .'_ Sta-J EXHIBIT 2 City ob CtwQa CV[S]ta CALIFORNH l1ay 21, 1975 Planning Depart~ent Plarming Comnission George D. Lindberg, City nttorney Precise Plans ,or several T.1onths, the Planning Department and the Planning oF.nission have considered a revision of our existing P Dis- .rict or Precise Pl~l Modifying District ordinance as pre- ~ntly contained in Section 33.GOl of the zoning ordinance. .f: is assuDed [:.110.l: the precise plan, vrhen attached to any .xisting zone, "iould "ta;':e precedence over the otherwise :~~p,Plicable provi.sions of the zone Elodified by that provision". J'-\'~'l , ,is office, in a memo as early as February 5, 1Q75, had in- }ated that the modifying district could not be used to ~ ,'" i~it uses which might be granted pursuant to the basic or ~derlying zone. Further, it could not limit densities thus 'nying the property mmer equal rights for the utilization }, his property as other property mmers having the same . ;?ping classification i~posed upon their property. This .a..j;;!:er point ,.muld seeI".ingly have application only in those fcunstances where the P Modifying District is applied to ~identially zoned property vrhich is a natter of some con- ,~r.h to this office in and of itself. 4!,~t [ "~A~S1itionally, questions have arisen conc'erning tne ability ;obtain a wide degree of flexibility in such areas as sign pation and size thereof. ~~r a considerable neriod of review and discussion of the .opos,,=d nodification" of the Precise Plan l'lodifvinn District, ..'is office has concl-":0.cd that \78 can indeed el~iliarl~ upon a . ~?gran of "tailor-made ::oning" through t.he use of the tool o'be ;:nmm as a prc;cise plan. 276 Fourth Avenue, Chub Vista, C,\ !o!2010 (71") 427-.'1300 .J1anning Departr.1ent ay 21, 1975 age 'I'WO everal requirements would have to be included in the ordi- nance, hoVlever, First, the imposition of the P Hodifying 'District \'IOuld be liDited in scope based upon a finding of 'ne or Dore of the following factors, after a public hearing: 1. The subject property, or the neighborhood or area in vlhich the property is located, is unique by virtue of topography, geological characteristics, traffic cir- culation, or some social or historic situation requiring special handling of the development on a precise plan basis. 2. That property or area to whiCh a P designator is applied is an area bet\veen' blo conflicting zone boun- dries and the development of a precise plan will allow the area so designated to co-exist between land usages which might other/lise prove incompatable. 3. The basic or underlying zone regulations do not allow the property owner and/or the City appropriate flexibility to maximize the established land use develop- ment in accordance with the underlying zone, but a re- zoning to a less restrictive category within the basic land use divisions, i.e., residential, con~ercial or '.",. industrial, does not appear to be warranted. /1~f' }~Subsequent to the appropriate public hearings before the .~;;~Planning Conmission and Council, the P Hodifying District ~~dould be attached to a particular piece of property, which :::',\viould allow the developer to vlork \'lith the Planning Depart- ,,;,ment in achieving a better utilization of his land and a ".~~etter interrelationship with surrounding properties and .,. ~'~;developments. This, of course, means that the city Council ~~would not, at it has done in the past, exercise its preroga- '!itive to establish the P Hodifying District simply by request- \..1" leng the attachment of the P zone to any and all rezonings ~~ithout first advertising the matter for a public hearing. t is essential that the P zone be recognized as an admini- ~trative tool to be used singly to achieve the type of con- ~ili'trol suggested therein or in conjunction with the D Hodifying ;:~District, vlhich incidentally must be ar-lended to clearly k', _.,-:.?-...,--. ---~."';;-._,.,-~-:... that design control is established pursuant to ri ter~a deterT:',ined by an examination of surrounding design "developments that provide a basis for directing a particu- h,far type of design and the currentJ.y accepted administrative ,J{Eool of the site plan approval and architectural control. '.~; . '~1@~e function of the P Hodifying District should be recognized :!!ia's one of conbining site plan approval with the capability ~~f expanding the limitation imposed by the underlying zone ,:;rihort of authorizing the use of the, property to the full ex- jl; ""ent allm'led by the comprehensive zoning ordinance for a ~ss restrictive zone classification within the basic zoning ',roups. The P zone, therefore, would not allo"-' the Corr,mis"sion ,"r the Council to impose severer restrictions than the range 'J~~,~isting in the underlying zone, but would allovl, for excunple, 'iia"limitation V1ithin the range of allowable units in the R-3 iz~ne based upon a reduction of the required area per dV1elling ~tnit or other criteria limiting the nUT:'ber of allowable units :;;;~By, increasing the area per dHelling unit requireT:1ent so long :'Ws it did not reach the minimum required in the R-3-H zone, ':~r, conversely, decreasing the area per mvelling unit require- ent so long as it did not reach the lower level in the R-3-H "one. "";1;j.. ";~~;:;' ;~~ '~~:'io.l': ,,;l~~'~' -;~;~?; iter prolonged consideration of the precise plan concept, :~ is the opinion of this office that so long as it is con- ,ined t,o application in the circumstances suggested herein- "bove and that there is a full justification based upon indings made subsequent to the hearing procedure contained oth in the initial application of the P Modifying District, ,hd later in the administrative process of reviewing the lans as submitted, that a precise plan program is legally 'ustainable. 'p'dever, it must be recognized that the precise plan concept <~ould be limited in its application in the same manner that ',variance is limited. The City must recognize that it 'asically has a legal obligation to alloY1 the property m.mer ~ develop his property within the scope of the underlying "one regulations and any limitation of the rights of the roperty owner \-Thich curtail his ability to fulfill the rivileges granted by that zoning, must be fully justified y appropriate findings; Conversely, if the City grants lanning Department ay 21, 19 7 5 ,page Four ;wy additional legal privileges not allowed in the under- .1ying zone, suc~ privileg~s must be susta~ned by.fac~ual .~indings to avold allegatlons of spot zonlns, whlc~ lS the ~ranting of special benefit. '):n concluding these corr.ments, I Vlould also like to refer ':-specifically to some of the circuDstances vIhere the P Hodi- ',':Eying District has been applied in2.ppropriately. In the ,!case of the p,ustin - otay Lakes Road project, "lhich is zoned ~~E-P and the Grace B2.ptist - Del Cerra .Grande project, which ";Ys also zoned R-E-P, it is apparent that there h2.s been a j misuse of the P 110difying District. In ar.y single far,ily ':development, through the use of the 1-1 Hodifying District lor the PUD concept, sufficient flexibility can be achieved. ;'probably, the P zone should be restricted to nul tiple family . ~sages insofar as residential usage is concerned and even ,there, questions should be raised as to whether or not the ;PUD concept might better serve the desired needs. " RESOLUTION NO. PCA-74-3 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO TIlE CITY COUNCIL THE ADOPTION OF AN A~lEND~1ENT TO TITLE 19 OF THE CHULA VISTA ~1UNICIPAL CODE RELATING TO "P" PRECISE PLAN MODIFYING DISTRICT 3 ~ f](H~llni ' HHEREAS, Ord'inance No. 1212, adopted by the City Council on July 8, 1969, ',eluded the provision for a "P" Precise Plan Modifying District, and WHEREAS, in subsequent years it was determined that the ordinance did at provi de the des ired contro 1 s, the procedures for app lyi ng the "P" Mod ifyi ng or requirements to govern the application of said district to specific and HHEREAS, the City Planning Commission set the time and place for a hearing consider an amendment relating to the purpose and application of the "P" ecise Plan Modifying District and the procedure for Precise Plan approval, and lotice of said hearing, with its purpose, was given by the publication in a "wspaper of general circulation in the City at least 10 days prior to the date . said hearing, and WHEREAS, on January 16, 1975 the Environmental Review Committee issued possible impact of the proposed amendment, and the 'ty Planning Commission certified that the Negat'ive Declaration was prepared ,accordance with the California Environmental Quality Act of 1970, as amended, WHEREAS, a public hearing was held at said time and place, namely 7:00 p.m., 12, April 9, April 23 and May 28, 1975 in the Council Chamber, the Planning Commission and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. From facts presented to the Planning Commission, the Commission finds at public necessity, convenience, general welfare and good zoning practice require 'e adoption of an amendment to Title 19 as set forth in Exhibit "A", attached a part hereof. 2. The Planning Commission recommends to the City Council that said be adopted. 3. That this resolution be tl'ansmitted to the City Council. .' ~SED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, ,:s 28th day of l-1ay, 1975 by the fpllo\'ling vote, to-wit: Commissionet^s Rudolph, Floto, Stan, Chandler and Pressutti Comllli s s'j one r SlIli th Comllliss'ioner 11'ice " ~ . -:.( /iP If) , "... / / (7 /'if I 'J' , l! /t- ,0 ;t, VI :=:.:.:~;:'::::.!..~'" ,/ / / .' / "~"'/") ,:',,r>' ' . .<'"O'.~k~::=.."",-..:..___::......:::~::~~r.:'}.:,.,.:V.....::..~~~-:'--. -..-.................--.-;,'L.......i'.,:;.;-;,:;.. ..~:-:;::. ,# (j Ch a '11'1Ilil n I \: iij! :i;iir:; I ::~ j I '~rll I "" I t :ii ~l :' I I', i "c", 'I " .;. 'j I' , , I ,:i I I" I: ' ," , :1 ,I I Ii , l' 1',1 00 j i' ii] \ "~ i'l '1\ :1, ,Ii , ;1. l;::' ~Jt "T''l. ~/ !:' :, !;;::. l' ;'B._. ~(j:I:( " :;ji.. . B. " .f I ~H(: .:;:~h~.: " r<, ;l. (~ ~ "" 'j'I'I,.. . ,; '. :; 'i. ,- .." , : L' ::1% f,,\.' :t.,." ...'..... :ii. 'i i~ .;;~l', :~ Exhibit "A" Resolution No. PCZ-74-3 19.56.040 of the Chula Vista Municipal Code is amended to read as follows: 19.56.040 P Precise plan modifying district--Purpose. See also Sections 19.12.120 and 19.14.570 through 19.14.578. The purpose of the P precise plan modifying district is to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of approval for development of property in the City of Chula Vista. Within the boundaries of the P district, the location, height, size and setbacks of buildings or structures, open spaces, signs and .densities indicated on the precise plan shall take precedence ofer the other- wise applicable regulations of the underlying zone. (Ord. Ord. 1356 51 (part), 1971; Ord. 1212 51 (part), 1969: prior code 533.601 (A) (3) .) Sections 19.56.041, 19.56.042, 19.56.043, 19.56.044, 19.56.045, 19.46.046, and :i9.56.047 are hereby added: 19;56.041 P Precise plan modifying district--Application. The P modifying district may be applied to areas within the City of Chula Vista only when one or more of the following circumstances is evident: "'A. The subject property, or the neighborhood or area in which the property . is. located, is unique by virtue of topography, geological characteristics, access, configuration, traffic circulation, or some. social or 'historic situation requiring special handling of the development. on a precise plan basis. The property or area to which the P modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the azea so designated to coexist b~tween land usages which might otherwise prove incompatible. C. The basic or underlying zone regulations do not al~0w the property owner and/or the City appropriate control or flexibility needed to achieve an efficient and proper'relationship among the uses :allowed in the underlying zone or between such uses permitted on the propertw and the uses allowed in the adjacent zones. .. i ~. D. The area to which the'P modifying district is applited consists of two or more properties under separate ownership whereino:wrdination regarding access, onsite circulation, site planning, buildi~~ design and identifica- tion is necessary to enhance the public convenienCl2,. health, safety and general welfare. (Ord. ~ I. Page 2 Exhibit "A" 19.56.042 P Precise plan modifying district--Required maps and 'information An application for approval of a precise plan shall be accompanied by a detailed dimensioned drawing of the project on a scale of sufficient size so as to readily indicate all dimensions of the various elements of the development. The required elements are as follows: A. Legal description, legend, scale, north arrow, vicinity map, and identification of designer. B. The boundary lines of subject property, fully dimensioned together with the name and dimensions of adj oining' streets. C. Existing topography and proposed grading plan, showing slope, retaining walls, pad elevations, and percent of slope on streets, driveways and other graded areas. D. Existing and proposed streets, utilities, and easements. E. Access: pedestrian, vehicular and service; points of ingress and egress, with driveway locations and dimensions. F. Loading and trash areas, walls and/or fences (including height). G. P-r-opc8cd lccation, -height, and dimensions of buildings, includil1g eolat" and materials on all elevations. The floor area, number of stories, number of units and bedrooms' (when applicable) shall be given. Proposed uses shall be indicated including floor area devoted to each use. H. Parking layout, including dimensions, number of stalls, and circulation flow. I. Location, height, and size of signs proposed on the property. J. All landscaped areas. Such areas shall be defined with a written proposal outlining the landscaping concept, as well as the proposed method of irrigation. In addition all existing trees on site shall be identified with a note as to proposed disposition. K. Lighting, including teh location, type and hooding devices to shield adjoining properties. L. Location and design of recreational areas. (Ord. ) r~1 ! 19.56.043 P Precise plan modifying district..-Plan review. Plans shall be reviewed by the Planning Commission with recommendations forwarded to the City Council in accordance with the provisions of Section 19.14.570. (Ord. ) .....i' 'i: . "'iI '. 'i ill I~ J~ ),':l :~ I, . ,q, 'IJ '^ .H j, ~., !t: . .Ii' ;df {:~ '\1': , ';' 'i~ , :1;~ "hF , ::. ~I.. t'. . ~: ~ ';iiri :::jtJ';l ,~l ~ t!} ~-, , ,~,':l < '~':',I ; th:'11f. ,., r: !~ :.;" :j~~ 'Ii!;; . .,; 'Ie . 'i'l~ . inr --.h , '~ i;;~ . .,:1;\, tt n \ ";, , '!4'-"'. I' :,~ ,~~.,' . ""~". :;!~,~; , , .~i: l~/ '.<~~ fif; .'i ~r' I Page 3 Exhibit "A" 19.56.044 P Precise plan nlodifying district--Exceptions. Exceptions to the code requirements of the underlying zone may be granted by the City Council provided that these exceptions are so noted in the public hearing notice and findings are made as specified in Section 19.14.570. (Ord. ) 19.56.045 P Precise plan modifying district--Density. The P modifying district may be used to limit densities within the underlying zone range. However, densities may not be increased above the maximum range within the underlying zone. When the City Council deems it necessary to establish a density limitation in conjunction with the P Modifying District, the density established shall be expressed by a number following the P designator. The number assigned will represent the maximum number of dwelling units allowed per net acre of land. (Net acreage is the total land area remaining after dedication of public right of way.) (Ord. ) 19.56.046 P Precise plan modifying district~-Phasing. Precise plans may be submitted in phases for projects within the P district. However, the submission of the first phase must include all of the required submissions for site plan approval for that portion of the project included within the boundaries of phase 1. The submission of eleva- tions and proposed building materials may be deferred in the first phase 'until specific architectural concepts are developed. In addition, a skeletal plan of closely related future phases must be submitted and approved ::.oncurrent with the submittal of phase 1. Such skeletal plans shall indicate circulation, building locations, preliminary grading, areas devoted to landscaping, density, and parking. The submission of each phase of the precise plan will require a new application and fee together with the required site plans. (Ord. ) 19.56.047 P Precise plan modifying district--Scope of Planning Commission and City Council Action. In carrying out this section the Planning Commission and City Council shall consider the principles set forth in Section 19.14.470 (Site plan and architectural approval--Principles to be observed) appropriate to the review of a precise plan. (Ord. ) ~s 1 (part) of Ord. 1356, 1971; S 1 (part of Ord. 1212, 1969; and 1 19.58.250 Precise plan, of the Chula vista Municipal Code 1S ereby repealed. (part) of Ord. 1356, 3..971; 5 1 (part) of Ord. 1212, 3..969; site plan, of the Chula vista Municipal Code 1S repealed. Page 4 Exhibit "A" ;;,>:' ',.' , ";:51 (part) of Ord. 1212, 1969, and 5 19.14.450 of the Chula Vista Municipal ':i;::code is amended to read as follows: 1}~f 19.14.450 Site plan and architectural approval--AccompanYing maps ",file and drawings required. :J t The application shall be accompanied by the infonnation required in Section 19.56.042 for a precise plan and other drawings as are necessary to enable the Zoning Administrator to make the determinations under this section. (Ord. Ord. 1212 5 1 (part), 1969: prior code ~ 33.1313 (A) (3) . ) 1" " .j.'.... ~'.There is hereby added to the Municipal Code of Chula Vista Sections 19.14.570 through 19.14.578, to read as follO\~s: 19.14.570 Precise plan approval. \~ere use is made of the precise plan procedure, as provided in this title, a zoning permit shall ,not be issued for such development or part thereof until the Planning Commission and City Council have approved a precise plan application for said development as provided herein. (Ord . ) ]9.14.57] Precis~ plan approval~-Application and fee. Application shall be made on a form prescribed for this purpose by the City of Chula Vista and shall be accompanied or preceded by a zone change application establishing the P modifying district. The fee shall be one hundred dollars ($100.00), no part of which shall be refundable. (Ord., ) 19.14.572 Precise plan approval--Required information. A. The application shall include the name and address of the applicant and of all persons owning any or all of the property proposed to be used. The application must be signed by 'the owner/option holder, or vrr.itten permission must be given authorizing an agent to sign the application. B. All data and mars as specified in Section 19.56.042. (Ord. ) 19.14.573 Precise plan approval--Public hearings. A public hearing shall be held by the Planning COl!nuission and City Council as provided herein: A. Such hearing before the Planning Commission shall be held not more than forty-five (45) days from date of application. B. Such hearing before the City Council shall be set by the City Clerk Page 5 Exhi[:1it "A" within thirty (30) days after Planning Commission action. C. The secretary of the Planning.Commission and City Clerk shall publish notice of hearings in a newspaper of general circulation in the City of Chula Vista not less than ten .(10) days prior to the date of said hearings. Failure of owners. to receive notice of hearings shall in no way affect .the validity of action taken. Any requested exceptions to the requirements of the underlying zone shall be specified in the public hearing notice. (Ord. ) 19.14.574 Precise plan approval--Planning Commission action. The Planning Commission shall act upon an application for precise plan approval within forty-five (45) days, pending any necessary zoning amendment. . In taking action the Commission may recommend to the City Council denial of a precise plan, approval of the precise plan as submitted, or approval of a precise plan subject to additional conditions. The Planning Corrnnission may recommend approval if, from the facts presented, the Commission can make the necessary findings noted in Section 19.14.576. Recommendation for approval shall require the affirmative vote of not less than a majority. of the total membership of the Planning Commission. Any precise plan, as authorized, shall be subject to all conditions imposed, and shall be excepted from other provisions of this title only to the extent specified in the resolution of approval or sho_vn by an approved plan. (Ord. ) 19.14.575 Precise plan approva1--City Council action. The City Council, after the public hearing and consideration of the matter, may affirm the action of the Planning Commission, deny the action of the Planning Commission, or modify conditions recommended by the Planning Commission. An affirmaLive vote of at least three (3) members of the City Council shall be necessary to change or modify the recommendations of the Planning COmIDission. (Ord. ) 19.14.576 Precise plan approval--Findings. The Planning Commission may recommend approval of the plan and the City Council may grant approval of the plan if all of the following facts are found: A. That such plan 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. B. That such plan satisfies the principle for the application of the P modifying district as set forth in Section 19.56.041. C. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. D. That approval of this plan will conform to. the General Pl2.n and the adopted policies of the City of Chula Vista. (Ord. ) '\ Page 6 Exhibit "A" 19.14.577 Precise plan approval--FiOd'ifications of the precise plan. Requests for modifications shall be submitted to the Planning Director in "ritten fom and shall be accompanied by such additional maps, statements or other information as may be required to support the modification. If the proposed modification is deemed by the Director of Planning to be insignif- icant in nature, the changes may be approved by the Director subject to the filing of a vJ1:itten report to the Planning Commission and City Council. If, in the opinion of the Din,ctor of Planning, the proposed changes are significant in scope, the applicant will be notified "ithin ten (10) days of the "ritten request that a new application and .hearing ,lill be required. (Ord. ) 19.14.573 Precise plan approva1--Zoning Administrator. Follo"ing the recommendation by the Plaruling Commission and approval of .a precise plan by the City Council, the Zoning Administrator shall issue a zoning permit as provided in Sections 19.14.500 through 19.14.550 of this title, and the Building Inspector shall ensure that development is under- taken and completed in conformance with the approved plans. (Ord. ) 'f: ~~~i~" ~'1;:t5 1 (part) of Ord. 1356, 1971; 5 1 (part) t.!i~Precise p1an--Definition, and !5 19.04.270 ....,';.:.Vista t!junicipal Code al'e herehy i'epealed. of Oy'd. 1212, 1969; and 5 19.04.186 Site p1an--definition, of the Chu1a 1969; 5 1 (part) of Ord. 1212; and !5 19.12.120 of the Chu1a. Code is hereby amended to read as follows: 19.12.120 Attachment of conditions--Pub1ic improvements and precise plan requi rements. A. (No change.) B. In addition tc the requirement for the installation of public improve- ments in necessary dedications, the planning cO:"'lillission or the city council may require that a precise plan be submitted for the develop- ment of the property by attaching the P precise plan modifying district to the underlying zoning. The precise plan includes, but is not limited to the location, height, size, and setbacks of buildings or structures, open spaces, signs, and densities. The require;:'1ents and circumstences for applying the P precise plan modifying district are set forth in full in Sections 19.56.040 through 19.56.047. The procedures for submission and approval of a precise plan Bre set forth in Sections 19.14.570 through 19.14.578. (Ord. 1975; Ord. 1222 5 1 (part), 1969: prior code 5 33.1204.) 19.12.120 C of the Chu1a Vista Municipal Code is hereby repealed,