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HomeMy WebLinkAboutOrd 1985-2118 Revised 6/28/8-5 ORDINANCE NO. 2118 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 2.09 ACRES AT 176 OTAY LAKES ROAD FROM A-D TO R-3-P-8 The City Council of the City of Chula Vista finds as follows: That in accordance with the attached Negative Declaration, IS-85-25 and the findings therein, the proposed rezoning will not have a significant impact upon the environment, and the City Council hereby certifies that the Negative Declaration was prepared in accordance with the California Environmental Quality Act of 1970, as amended. The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That the. Zoning Map or Maps established by Section 19.18.010 of the Chula Vista Municipal Code be hereby amended by adding thereto the following zoning changes: That that certain property consisting of 2.09 acres at 176 Otay Lakes Road be, and the same is hereby rezoned from A-D to R-3-P-8 in accordance with staff recommendation presented to the Planning Commission on the 12th day of June, 1985 pursuant to the'provisions set forth in Section 19.12.020 governing the rezoning Of property. SECTION II: That any and all ordinances heretofore adopted by the City Council of the City of Chula Vista concerning zoning of said property be, and the same are hereby rescinded insofar as the provisions therein conflict with this Ordinance. SECTION III: This ordinance shall take effect and be in full force on the thirty-first day from and after its passage and approval. Presented by Approved as to form by Rev. 7-'82 FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE C ~ OF CHULA VISTA· CALIFORNIA· HELD July 2 . 19 85 AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD July 16 · 19 as , BY THE FOLLOWING VOTE~ TO-WIT: AYES: Councilmen Malcolm, McCandliss, Moore, Cox NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen scott e' City of Chula Vista STATE Of CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CiTY OF CHULA VISTA I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visfo, Colifornio, DO HEREBY CERTIFY that the above ond foregoing is o full, true and correct copy of ORDINANCE NO. 2118 ,end thor the some hos not been omendedor repeoled. DATED (seol) City Clerk CC-660 .] negative declaration PROJECT NAHE: Rindev Cave Learning Center General Plan Amendment PROJECT LOCATION: On the west side of Otay Lake~ Road between Bonita Road and Allen School Lane PROJECT APPLICANT: Kinder Cave LeaminE Centers. Inc. 160 Newport Center Drive, Suite 200 Newport Beach~ CA 92660 CASE NO: IS-85-25 DATE: ~ay 31~1985 A. Project Setting The project is located on the west side of Otay Lakes Road'jdst to the north of the San Diego Gas & Electric Company substation at the comer of Allen School Lane and Otay Lakes Road. This area is lower in elevation than the surrounding tevvain and is likely the site of deposits from erosion upstream; therefore, it is probable that the property contains expansive soils. The property currently containsa vesldential u=e, .horse corrals, and the retail sales of hay and equestrian-oriented products. Adjoining land uses include a shopping center to t~e- north of the property, single-family residential uses to the west of the site, other residential uses across Otay Lakes Road to the east of the property, and the San Diego Gas & Electric substation just to the south of the site. Otay Lakes Road ~djacent to this property currently h~s an average daily traffic of juat under 18,000 which provides an estimated level of sewice of C/D. * The existing On-site drainage facilities are minor and ave not adequate to sews the project. The %awrence, Fogg~ Florer and Smith study of drainage in the Chula Vista area indicates that under a developed condition, 747 cubic feet-of water per second would enter the property from the south. The same volume of water would be discharged to the north of the project site into the Sweetwater Flood Plain. The current General Plan designation of the property is low density residential. Otay Lakes Road adjoining the site is designated as a scenic highway in the Scenic Route Element of the Geneva1 Plan. B. Project Description 1. General Plan and Zoning The project consists of a change in the land use element of the General Plan for 2.09 acres from "low density residential" to 1.36 acres of "professional and administrative offices" and 0.73 acres of L%,_ city of chula vista planning department (~ environmental review section "retail con~nercial". A companion rezoning request from A-D (agriculture) to C-O (commercial office, 1.36 acres) and C-C (central commercial, 0.73 acres), an alternative zoning for the property could be an R-3 category which would allow the daycare center but not the more intense conunercial zoning. In addition, the project involves the construction and operation of a child care facility for up to 204 children rangin~ in ass from 2 years to 12 years. This phase of the project will require the consideration of a conditional use pemit at a later date. The hours of operation will be from 6:00 a.m. to 6:30 p.m. 2. An acoustical report showing compliance with the City's noise ontinance will be submitted prior to Planning Commission consideration of the land use. To implement the project, a substantial amount of fill material would be placed on the site. The amount will be determined with submittal of detailed gradinS plans at a later date. C. Compatibility with Zoninx and Plans This project involves an amendment to the Land Use Element of the General Plan of the City of Chula Vista to parfait the proposed uses in addition to a companion chan~e in zoning. Plans would also have to be reviewed confocman~a to the Scenic Highways Element of the General Plan and the Noise Element of the Chula Vista General Plan. D. Identification of Environmental Effects 1. Soils Standard development regulations through the buildin~ permit process will identify the extent of any adverse soils conditions on ths property and what measures are necessary to avoid any significant impacts. Considering this factor along with the anticipated fill which will be placed on the property, no substantial and adverse environmental impacts are anticipated. 2. Noise a. General Plan and Zonin~ Development of the property in compliance with the C-C (Central Commercial), C-O (Commercial Office) or an R-3 (Hultiple Family) zone would not result in an acoustical impact which could not be controlled through the precise plan review process (including additional environmental revie~ if necessary) and enforcement of the City's noise ordinance. Prior to the consideration of any land use which could have an acoustical impact, conformance with the noise ordinance will be demonstrated. b. Child Care Facility Because this type of facility has involved playSround, which have resulted in noise complaints, the applicant will show compliance with the noise ordinance before the PlanninE Con~nission considers the conditional use permit. This approval would include a findinS that the proposal complies with the Municipal Code including the noise ordinance. 3. Aesthetics Site plan and architectural review of the proposed project by the Zoning Administrator or Design Review Conunittee will assure conformacre with the Scenic Highways Element of the General Plan. 4. Traffic It is anticipated that the project will add approximately 448 trips to the existing traffic volumes on Otay Lakes Road elevating it to about 18,370 ADT. The existing C/D level of service on Gray Lakes Road will remain C/D, which is adequate for this t~pe of street. E. FindinKs of InsiKnificant Impact 1. The project site is currently used for various land uses including residential and equestrian-oriented con~nercial and, therefore, there are no rare oF endangered plant species present and any archaeological sites would have previously been destroyed. There are no geological hazards present on or near the property and the potentially unsuitable soil characteristics can be treated during grading of the property. 2. The project involves an amendment to the Land Use Element of the Chula Vista General Plan and the zoning of the property. If these amendments are implemented, the project will be in confoE~nance with the General Plan. Review of the site plan and architecture foc the project and implementation of standard buildin~ permit requirements will assure confonuance with the Scenic Highways and Noise Element of the General Plan. The project is, therefore, not anticipated to achieve any short term goals to the disadvantage of long term environmental goals. 3. The project will not increase the traffic volumes on Otay Lakes Road to a limit that would substantially lower its existing level of service. Drainage studies in the project vicinity indicate that given the soil conditions, development of the property would not significantly increase runoff from the property. During the review of building permit applications, details of on-site drainage facilities will be reviewed to assure that any runoff is carried to appropriate facilities. 4. The project will not create any source of air contantinants, or other emissions which would adversely impact human beings. Uompliance with the City's noise ordinance' will assure that there will be no significant acoustical impact on nearby residences. F. Consultation 1. Individuals and OrRanizations City of Chula Vista: Hando LiuaS, AssOciate Planner RoSer Daoust, Senior Civil En&ineer Duane Bazzel, Assistant Planner Tom Dyke, BuildinS and HousinS Department Ted Honsell, Fire HaTshal Chuck Glass, Traffic Engineer Applicant's A~ent: Norlnan G. Williams 2. Documents IS-84-28, Bonita Villa Condos IS-85-26, DaybridSe LearninS Center Chapter 19.80, City of Chula Vista Nunicipal Code Scenic Routes Noise Elements, City of Chula Vista General PZaq~ The Initial Study application and evaluation forms documenting the findings of no significant impact are on file and available for public review at the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ENVIRON~T~ALREVIEW COORDINATOR WPC 1812P EN 6 (Ray. 12/82) city of chula vista planning department ~ environmental review section EN 6 {Rev. 12/82) ?"/~ '1 MUNICIPAL GOLF COURSE CONDOS BONITA CENTRE EAST VAC. \~ sro BONITA CEAf~'RE : \' SFO '~'~ezone from I ~ SFD t ~ C-C'P ond-' ~ - EA " ~ ~ ~' ' '1 / % , SFD ~ P~Z -85-C .. / _ , / BONITA CENTRE EAST . VAC. . ~ . ~s--- ,vAc, SFD BOI',ETA CEN{RE ~ ~ VA~' ~ : I SFU" *~' % X $FD, , ",,~ .--.. ~ ... ~..,;' '.. ~- ~ . . ~:i" ~ · , . :;~' , 'PCZ 85 C ORDINANCE NO. 2118 AN ORDINANCE OF THE CITY OF CHULA VISTA AM~D~N~ ZONING ~P OR ~PS ESTABLISHED BY SECTION 19.18,010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 2.09 ACRES AT 176 OTAY LAKES ROAD FROM A-D TO R-3-P-8 By a unanimous vote on July 16, 1985 (Councilman Scott was absent), the City Council placed the ordinance on its second reading and adoption. The ordinance concerns a request by Kinder Care Learning Center, Inc. to rezone 2.09 acres at 176 Otay Lakes Road to Central Commercial zoning (C-C-P) on the northerly 0.73 acres and Co~ercial Office (C-O-P) on the southerly 1.36 acres in order to establish a day care center. The Council approved a rezoning of R-3-P-8 (Multiple-Family, Precise Plan, 8 units per acre). Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, California. Dated: 7/17/85 ~i~ M. Fulasz, ~