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HomeMy WebLinkAboutOrd 1981-1932 ORDINANCE NO. 1932 AN ORDINANCE OF THE CITY OF CHULA VISTA PREZONING PROPERTY ON THE NORTH SIDE OF MAIN STREET AT MAPLE DRIVE 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-80-57 and the findings therein, the proposed prezoning will not have a significant impact upon the environment, and the City Council hereby certifies that the Negative Decla- ration was prepared in accordance with the California Environ- mental Quality Act of 1970, as amended. The City Council of the City of Chula Vista does ordain as follows: SECTION I: That the Zoning Map or Maps establishedby Section 19.18,010 of the Chula Vista Municipal Code be hereby amended by adding thereto the following prezoning of property: That that certain property consisting of approximately 2.56 acres located on the north side of Main Street at Maple Drive be, and the same is hereby prezoned to R-3-P-8, provided, however, said density may be increased to not more than R-3-P-12 if the applicant enters into an agreement with the City to provide that all or a minimum number of units equal to the proposed increase in density be affordable to low and moderate income families as defined by federal and state law. Said prezoning shall be subject to the precise plan guidelines outlined in Resolution No. PCS-80-G, as adopted by the Planning Commission on the 22nd day of October, 1980. Further, it shall be a condition of said prezoning that the streets be vacated and dedicated in the approximate alignment shown on alternative #2 subject to the approval of the City Engineer; and such dedications and vacations shall be resolved prior to the issuance of any building permit, pursuant to the provisions of Section 19.12,020 of said Code authorizing the prezoning of unincorporated territory adjoining the City, and said zoning shall become effective at and upon the date the subject property shall be annexed to the City of Chula Vista. SECTION II: This ordinance shall take effect and be in full force and effect on the thirty-first day from and after its adoption. Presented by Approved as to form by George D. Lindberg, City(~ttorney Planning FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE FY OF CHULA VISTAj CALIFORNIA, HELD January 27 19 81 AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD February 19 81 7 BY THE FOLLOWING VOTE, TO-WIT: AYES: Councilmen: cox, McCandliss, Scott, Gillow, Hyde NAYES: Councilmen: None ABSTAIN: Councilmen: None ABSENT: Councilmen: None Mayor of the City of Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of ORDINANCE NO, ,and fhof fhe some has nor been amended or repealed. DATED (seal) City Clerk NEGATIVE DECLARATION PROJECT TITLE: Chula Vista Properties Project Location: North side of Otay Valley Rd. and Maple Dr. Project Proponent: Pacific Engineering 9471 Ridgehaven Ct., Suite E San Diego, 92123 CASE NO. IS-80-57 DATE: April 17, 1980 A. Project Setting The proposed project area totals approximately 4.3 acres located at the northeast and northwest corners of Maple Dr. and Otay Valley Rd. (See attached locator map) The project site is located within the County of San Diego and is contiguous with the City of Chula Vista boundary. The project consists of 4 parcels of vacant land, one of which is west of Maple Dr. The site has an average natural slope of 5%, although there are manufactured slopes along the easterly boundary. Traversing the 3 lots east of Maple Dr., and running north to south, is a natural drainageway which empties under Otay Valley Rd. Adjacent land uses include condominiums to the north and to the east (presently under construction,) Otay Valley Rd, condominiums and retail to the south and single family and vacant lots to the west. The ~roject site is vacant and has not been previously developed, however, it has been cleared and has been subject to informal use. Aside from a few eucalyptus trees on the perimeter of the site and one existing mature tree (a species of Jacaranda), in the middle of the lot, there is no significant vegetation. No rare or endangered species have been identified in the immediate area of the project. Expansive soils may be present on the project site. A soils inves- tigation will be required to determine the extent of such. Special Report 123, published by the Calif. Div. of Mines & Geology, indicates that a fault trace, inferred through photographic evidence, extends north and south, stopping just north of the subject property. B. Project Description The proposed project involves three discretionary acts, 1) to prezone 4.3 acres of property to R-3-P-12 (12 du/ac) and, 2) to annex 4.3 acres of unincorporated area into the City of Chula Vista, and 3) de-annex the territory from the Montgomery Fire Protection District. The site is currently zoned R-S-6 in the County of San Diego, which allows a maximum of 5.8 dwelling units per acre. The prezoning IS-80-57 -2- would permit an increase in density from 5.8 du/ac to 12 du/ac. C. Compatibility with zoning and plans - The proposed R-3-P-12 zoning is in conformance with the medium density (4-12 du/ac) designation on the City of Chula Vista General Plan. D. Identification of environmental effects/mitigation The following environmental effects will not occur as a result of the proposed project but rather through future development of the project area which will be authorized by the proposed action. Prior to the consideration of any specific development proposal, additional environmental review will be required. 1. Geology Special Report 123, published by the Calif. Div. of Mines & Geology, indicates that an earthquake fault, inferred by photographic evidence may be a short distance to the north of the project. It is unknown whether landsliding could occur on this property at this time, however, because of the topography of the site, this is not likely. A geological report shall be prepared prior to any subdivision or development of the property. 2. Soils The Engineering Dept. has indicated that expansive soils may be present in the project area. The submission of a soils report and incorporation of all recommendations shall be required prior to any construction on the site. 3. Drainage Traversing the 3 easterly lots is a north/south running, unimproved drainageway which flows under Otay Valley Rd. In addition, a portion of this area is within the projected 100 year flood level. Development of the project site abutting the existing unimproved drainageway and within the flood plain will be subject to standard engineering requirements which will mitigate any adverse impacts. 4. Noise The project site is adjacent to Otay Valley Rd. which is designated as a "major road" on the General Plan and a generator of relatively high noise levels. A noise analysis will be required prior to any additional environmental review or any construction on the project site. 5. Schools The present enrollment level at Rohr Elementary School is reaching capacity. Future development of the project area IS-80-57 -3- ~ill decrease the service level of this facility,. A letter from each school district, indicating the adequacy of school facilities, shall be required prior to the issuance of any permits for additional dwelling units. 6. Parks The need for additional park facilities within the area will be generated by future development in the project area. In-lieu park development and acquisition fees shall be required prior to any subdivision or construction of any new dwelling units. E. Findings of insignificant impact 1. Since the proposed actions will not result in any great physical change, no natural resources nor hazards will be affected. Prior to the division of any parcels, additional environmental review will be required and the extent of any physical damage to the environment fully evaluated. 2. The project is in conformance with the Chula Vista General Plan and associated elements and is not anticipated to .achieve short term to the disadvantage of long term environmental goals. 3. The effect on schools and parks will be limited and mitigable and no substantial impacts are anticipated which could interact to create a substantial cumulative effect on the environment are anticipated. 4. The project will not have any effect on traffic or associated emission nor will the project result in any other hazard which could prove detrimental to human beings. F. Individuals and organizations consulted City of Chula Vista D. J. Peterson, Director of Planning Bill Ullrich, Assoc. Eng. Gene Grady, Director of Bldg. & Hsg. Ted Monsell, Fire Marshal Merritt Hodson, Env. Control Comm. LAFCO, Ann Brickelmeyer, Env. Mngt. Coordinator Agent for owner, Richard. S. Pearson Documents Special Report 112, Calif. Div. of Mines & Geology IS-80-36 Palm Ave./Acacia Ave. Annex. 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 Dept., 276 4th Ave., Chula Vista, CA. ~L REVIEW COORDINATOR RESOLUTION NO. PCZ-80-G RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE PREZONING OF PROPERTY ON THE NORTH SIDE OF MAIN STREET AT MAPLE DRIVE TO R-3-P-12 WHEREAS, a duly verified application for prezoning property located on the north side of Main Street at Maple Drive was filed with the Planning Department by Pacific Engineering on April 3, 1980, and WHEREAS, said application requested that the property be prezoned R-3-P-12, and WHEREAS, an Initial Study, IS-80-57, of possible impacts of the project was conducted by the Environmental Review Committee on April 17, 1980, which concluded that there would be no significant adverse environmental impacts and recommended the adoption of a Negative Declaration, and WHEREAS, the City Planning Commission set the time and place for a public hearing on said prezoning application and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the city at least 10 days prior to the date of said hearing, and WHEREAS, a hearing was held at the time and place as advertised, namely 7:00 p.m. on May 14, 1980 and subsequently continued to October 22, 1980, in the Council Chambers, 276 Fourth Avenue, before the Planning Con~ission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Planning Commission finds that this project will have no significant environmental impact and adopts the Negative Declaration on IS-80-57. 2. From facts presented to the Commission, the Commission finds that public necessity, convenience, general welfare and good zoning practice require the prezoning of the subject 2.56 acres of property to R-3-P-12, subject to the following guidelines for development: a. The setback from Otay Valley Road shall be at least 25 feet (measured after the dedication of required rights-of-way). b. Direct vehicular access onto Otay Valley Road shall be prohibited. c. Setbacks from all other public streets shall be at least 15 feet. d. The recommended density is predicated on the installation of an enclosed underground drainage system with the surface area devoted to landscaping and/or parking. If the channel remains open, the matter shall be returned to the Planning Con~nission and City Council for a reevaluation of the permitted density. e. The permitted density shall be based on net land area after dedication of public rights-of-way. f. Building permits shall not be issued for any one lot until a precise plan has been approved by the Design Review Committee for the entire 2.56 acre site. 3. Findings in support of the application of the "P" Modifying District are as follows: The subject property should have the "P" zone attached because it poses unique physical problems due to access control required along Otay Valley Road and the location of a major drainage system bisecting the easterly portion of the site. The attachment of the zone will allow for the development of a plan with sufficient flexibility to achieve an efficient design. 4. The Planning Commission recommends to the City Council that said prezoning of R-3-P-12 be approved. 5. That this resolution be transmitted to the City Council and a copy be sent to the applicant. PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this 22nd day of October, 1980 by the following vote, to-wit: AYES: Conmissioners O'Neill, R. Johnson, Pressutti, Smith and Stevenson NOES: Commissioners G. Johnson and Williams ABSENT: None ATTEST: C ha irma n ' ~ Secr~ ' I!tl · I~ ~ r------~" ~ · / / / / ,~.~ ~ , ~o~us ' .~ I'1 i , - ...... I I , ~ I ' OTAYi~.~ - PROd: PACIFIC EN_GINE~I~ LO~~R ~ ' · , PCZ- 80- G ~'~1.~ .... ~ ~ -~ ..............~.~ ..i~ ~ .. --.--. (PACIFIC ~N~~RING ] I LAND P~ -BO-G Minutes of City Planning Commission Meeting October 22, 1980 3. PUBLIC HEARING (cont.): PCA-30-G - Request to prezone property on the north side of Main Street at Maple Drive to R-3-P-12 - Pacific Engineering Principal Planner Lee noted that this hearing has been continued a number of times without being considered. The original request included an additional 1½ acres to the north, but that area has been withdrawn from the request leaving the area under consideration totalling 2~ acres adjacent to Main Street and divided ~y Maple Drive. The property is presently in the County and the zoning would become effective only upon annexation to the City. Mr. Lee displayed aerial photos showing surrounding zoning and land uses which consists of multiple family development to the south and east at a density of 10 to 17 units to the acre. The area to the north and west is developed with single family homes and is zoned R-S-6 and R-S-7 in the County. Since the multiple family developments are quite extensive in size (totalling over 800 units on some 85 acres), the staff believes it is appropriate to zone the subject property R-3-P-8 to provide a reasonable transition between the higher density and the single family neighborhood to the north and west. Mr. Lee also displayed slides of the development plans proposed by the applicant showing 12 units in the parcel west of Maple Drive and 20 units to the east. The units would be clustered in groups of three or four units per building. It is the staff recommendation that the property be prezoned R-3-P-8 subject to the six conditions enumerated in the report, which includes the requirement for the installation of an underground drainage system through the easterly parcel. This being the time and place as advertised the public hearing was opened. Richard Pearson, Pacific Engineering, 9471 Ridgehaven Court, San Diego, representing the applicant, expressed their disagreement with the staff recommendation with regard to density, but they are willing to accept the conditions recommended. He contended the density which they have requested is necessary in order for the property to be economically developed and provide housing at an affordable cost. The public improvements required for this development is estimated at $450,000 due to the drainage channel and the extensive street frontage. If that cost is spread over the 32 units they have requested it is about $15,000 per unit; if only 20 units are allowed t~e cost is increased by about $10,000 per unit, which would place the units in a significantly higher price range. He felt the development as they have proposed it would be compatible with the surrounding areas. James Hunt, 1640 Maple Drive, expressed support for the density recommended by the staff. He also pointed out that since Maple Drive is the only ingress/egress to Otay Valley Road for the subject property as well as the existing development to the north, he expressed concern that development at a higher density would add to the congestion on Maple Drive and to the unsafe condition of entering Otay Valley Road. Elmer Allan, 1668 Maple Drive, expressed opposition to the project as he felt 30 or 31 units would make the area too congested, and could not provide a sufficient amount of open space or parking. "-Minutes of City Planning Commission Meeting October 22,. 1980 Charteen LaSalle, 1640 Maple Drive, Unit 34, addressed the problem of hazardous traffic conditions where Maple Drive connects with Otay Valley Road due to the volume of traffic on that thoroughfare, which will increase with future development to the east. Harry Solway, 1640 Maple Drive, Unit 15, voiced his concern that approval of this project would lead to future requests on the surrounding property presently zoned for 7 units to the acre. Richard Pearson pointed out that the plan they have proposed meets the open space and parking requirements of the City. They will improve the adjacent streets to meet city standards which will raise the level of service above the present condition. Norman Schwartz, 6306 Rancho Mission Road, San Diego, one of the owners of the subject property, spoke of the problem facing builders with regard to providing affordable housing. He contended the only way that can be done is with increased density. Peggy Sullivan, 1640 Maple Drive, No. 66, commented on the problem of onstreet parking on Maple Drive. She indicated their project provides three spaces per unit and that is not enough. As no one else wished to speak, the public hearing was closed. _ Commissioner O'Neill expressed support for higher densities in areas that are already developed. He felt the applicant in this case had presented an attractive plan. In response to questions from the Commission, Mr. Lee pointed out that a project of this size does not significantly affect the overall traffic in the area, but it can be reviewed again by the Traffic Engineer if the Commission deems it necessary. MSUC (O'Neill-G. Johnson) The Commission finds that the project will not have a significant environmental impact and adopts the Negative Declaration on IS-80-57. MS (O'Neill-R. Johnson) The Commission recommends that the City Council prezone the 2.56 acres of property to R-3-P-12 and establish the guidelines stated in the staff report, with an additional guideline that the alignment of Maple Drive be restudied. The motion carried by the following vote: AYES: Commissioners O'Neill, R. Johnson, Pressutti, Smith, and Stevenson NOES: Commissioners Williams and G. Johnson Chairman Pressutti noted that this action is a recommendation to be made to the City Council which will conduct a public hearing on the subject. ~ PRE'ZONE' \ .~,/-- 187.56 ".'T'.5 ~'O"UNTY OF SAN DIEGO CITY OF CHULA VISTA OU.4RTE'R SECTION 24 I · OTAY VALLEY RD MAIN STy, -,. /r NORTH CASE NO PCZ-eO-G I HEREBY CERTIFY THAT THIS ZONING MAP AC..REAGE 2.50oo. '- WAS APPROVED AS A PART OF ORDINANCE --~ 19;s2 BY THE CITY COUNCIL ON FEB. DATE: FEB. 17. 1980 "' ~' / DRAWN BY~///~c,~,~ 'c,,,o<E, e,,,: ~.y ZONING MAP ORDINANCE NO. 1932 AN ORDINANCE OF THE CITY OF CHULA VISTA PREZONING PROPERTY ON THE NORTH SIDE OF MAIN STREET AT MAPLE DRIVE TO R-3-P-8 By a unanimous vote on February 3, 1981, the City Council placed the ordinance on second reading and adoption. The ordinance prezones the property in question to R-3-P-8 with the provision for allowing an increase in density if the applicant includes in his development some housing units which are affordable by low and moderate income families. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista.