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HomeMy WebLinkAboutOrd 1981-1933 Revised 1/28/81 ORDINANCE NO. 1933 AN ORDINANCE OF THE CITY OF CHULA VISTA PREZONING 3-1/2 ACRES ON THE NORTH SIDE OF MAIN STREET, WEST OF WALNUT 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-81-19 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 established by Section 19.18.010 of the Chula Vista Municipal Code be hereby amendedby adding thereto the foll~ing prezoning of property: That that certain property consisting of approximately 3.54 acres located on the north side of Main Street, west of Walnut Avenue 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 densitybe affordable to lc~ 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-81-A, as adopted by the Planning Commission on the 10th day of December, 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 D. J. ~et rge D. Lindberg, City Attorney Plannin~ ~ ~ FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE ,~Y OF CHULA VISTA~ CALIFORNIA~ HELD January 27, . 19 81., AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELDFebruary 19 81 , BY THE FOLLOWING VOTEr TO-WIT: AYES: Councilmen: cox, McCandliss, Scott, Gillow, Hyde NAYES: Councilmen: None ABSTAIN: Councilmen: None ABSENT: Councilmen: None Ma~r ~eFfffief~ty ~ ~ /:: ~ City Cl~k ~ 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 Visto, Colifornio, DO HEREBY CERTIFY thor the obove and foregoing is o full, true ond correct copy of ORDINANCE NO, ,ond thor the some hos not been omended or repeoled. DATED (seal) City Clerk CONDITIONED ( ~ negative declaration PROJECT NAME: Woodlawn Park Townhomes PROJECT LOCATION: Northwest corner of Walnut Dr. & Main St. PROJECT APPLICANT: Construction Management Services 11300 Sorrento Valley Rd. #255 San Diego, CA 92121 CA~E NO. IS-81-19 DATE: November 26, 1980 A. Project Setting The proposed project area totaling 3.54 acres is located at the northwest corner of Walnut Drive and Main St. (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 3 parcels of vacant land. The site has an average natural slope of 9.3%, although there are 11/2 to 1 slopes existing along the Main St. and Walnut Dr. frontage. Adjacent land uses include single family dwellings to the north and west of the site, vacant property to the east and condominiums across Main St. to the south. The project site is vacant and has not been previously developed. Aside from three existing trees along the westerly property line, 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 investigation will be required to determine the extend 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 easterly edge of the property. B. Project Description The proposed project involves three discretionary acts, 1) to prezone 3.54 acres of property to R-3-P-12 (12 Du/AC) and, 2) to annex 3.54 acres of unincorporated area into the City of Chula Vista, and 3) de-annex the territory from 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. city of chula vista planning departmere! environmental review section The prezoning 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- east 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 developmet 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. 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. 4. Schools The present enrollment level at Rohr Elementary School is reaching capacity. Future development of the project area will 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. 5. 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 antocipated to achieve short term to the disadvantage of long term environmental goals. 3. The effects 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. 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 Steve Griffint Assoc. Planner Duane Bazzel, Assist. Planner Shabda Roy, Assoc. Eng. Tom Dyke, Plan Checker Ted Mensell, Fire Marshal LAFCO, Ann Hix, Env. Mgmt. Coordinator Agent for owner, Sidney S. Xinos MOntgomery Fire Protection District Otay Municipal Water District Bob Rogers, Co. of S.D. Env. Analysis Div. Documents Special Report 123, Calif. Div. of Mines & Geology IS-80-57 Chula Vista Properties The Initial Stud,/A[~F~]kc.!t[on an{l ,.~valuation forms documenting ehe findin<;.g oI) no si~rniFfc.nnt impact are on file and available for pu~lic ~eview ,~t t.h{~ C~ul.,~ V~r;ta l'lanninq Dept., 276 4th Avenue, Chu/a Vista, CA U201U. - fRO' 'NTAL REVIEW COORDINATOR city o[ chula visla planning department ~ environmental review section RESOLUTION NO. PCZ-81-A RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE PREZONING OF 3.54 ACRES AT THE NORTHWEST CORNER OF MAIN STREET AND WALNUT DRIVE TO R-3-P-8 WHEREAS, a duly verified application for prezoning property located at the northwest corner of Main Street and Walnut Drive was filed with the Planning Department by Construction Management Services on November lO, 1980, and WHEREAS, said application requested that the property be prezoned R-3-P-12, and WHEREAS. an Initial Study, IS-81-19, of possible adverse environmental impacts of the project was conducted by the Environmental Review Committee on November 26, 1980, which concluded that there would be no significant environmental effects and recommended adoption of a Negative Declaration, and WHEREAS, the City Planning Co~nission set the time and place for a public hearing on said prezoning application and notice of said hearing, together with i~,s purpose, was given by publication in a newspaper of general circulation in the city at least ten 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., December lO, 1980, in the Council Chambers, 276 Fourth Avenue, before the Planning Co.mHssion and said hearine was thereafter closed. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Planning Conmission finds that this project will have no significant environmental impact and adopts the Negative Declaration on IS-81-19. 2. From facts presented to the Commission, the ConnHssion finds that public necessity, convenience, general welfare and good zoning practice require the prezoning of the subject 3.54 acres of property to R-3-P-8. 3. Findings for the application of the "P" Modifying District are as fol lows: a. Access to the subject property must be carefully planned in order to preserve the traffic carrying capacity of Main Street and to provide safe entry from Lotus Drive, given the topography of the property and the curve in Lotus Drive. b. The land uses adjacent on the west are single family homes so the site plan for the subject property must give consideration to ' 73 adequate setbacks and buffering to achieve compatibility of land uses. 4. The Planning Comnission recommends to the City Council that said prezoning 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 lOth day of December, 1980 by the following vote, to-wit: AYES: Commissioners G. Johnson, Stevenson, Pressutti, R. Johnson and Williams NAY: Commissioner O'Neil 1 ABSENT: Col~nissioner Smith Chairman ATTEST: ~linutes of City Planning Commission ~eeting December lO, 1980 3. PUBLIC HEARING: Consideration of application PCZ-81-A to prezone 3.54 acres at the northwest corner of Main Street and Walnut Drive to R-3-P-12 - Construction Management Services Director of Planning Peterson pointed out that this area is presently outside the city limits, it is vacant, but zoned R-S-6 in the County which permits 6 dwelling units per acre. The applicant is requesting prezoning to permit 12 units to the acre, to be followed by annexation to the city. Mr. Peterson noted that in October the Commission considered an application for prezoning the 2½ acre parcel adjacent to the east of this site. The staff's recommendation on that application was for R-3-P-8, but the Commission recommended R-3-P-12. The application is still pending before the City Council. In connection with that recommendation the Commission requested staff to study the alignment of Maple Drive and its intersection with Otay Valley Road. As a result of that study it is recommended that Maple Drive and Walnut Avenue be vacated south of Lotus Drive and that Maple Drive then be realigned to intersect Otay Valley Road at a point east of the present intersection in order to provide enough space between intersections to allow proper turning movements. If the Council adopts the recommended alignment and the street vacations, the property covered by this application would gain some area, if the street right of way had originally been dedicated by an owner of this property. Mr. Peterson discussed the zoning pattern in both the city and the county and the existing land uses in this area, noting that there is quite a concentration of multiple family development and some commercial development, with a total of just under 890 units either existing or authorized. To the west of the subject site the land use changes to single family detached homes, so at some point there must be a transition from multiple family to single family and the staff feels it should occur on this site. Immediately adjacent to this property on the west there are two new single family homes and to the north there are six new single family homes on Walnut and some new two story homes on Maple Drive. While ~he Woodlawn Park area has many older homes, some not in good repair, there is some remodeling and improvement occurring on existing homes. It is recommended that the Commission endorse R-1 prezoning for this property. This being the time and place as advertised, the public hearing was opened. Sid Xinos, with the consulting engineering firm of Schwerin, Xinos and Associates, discussed planning issues concerning this site. He noted that the road encroaches on to this property to a certain extent. He felt vacating Walnut would be appro- priate. Mr. Xinos displayed a proposed site plan showing development of the property at a density of 12 units to the acre, which he contended is the most appropriate zoning since the property is surrounded on three sides by streets, one of which is a major road, which can accommodate higher traffic generation than would result from single family use. Mr. Xinos contended that R-3-P-12 zoning is consistent with adjacent uses. Their proposed development would be similar to the Playmor homes across the street to the south. The Commission recently recommended prezoning the property to the east R-3-P-12 and if Walnut is vacated that property would then adjoin this site. By having a planned residential type of project it would be more amenable to closing Walnut, whereas individual single family lots would require street access. He asserted that development of the property under R-1 standards would not be practical from an economic standpoint, since development costs and interest rates would price the homes out of the reach of many families. A planned residential development at higher density could provide moderate cost housing for the community. Paul Buss, 1875 Third Avenue, San Diego, architect with Buss Silvers Hughes & Associates, pointed out that by skewing the buildings they have added variety to the plan, and it is only a corner of the building that protrudes toward the property line and there is a good deal of openness along the property line between the buildings. Paul Greene, Montgomery Fire Protection District, expressed the opinion that Chula Vista should not pursue the annexation or development of property presently located in the county as this disturbs the peace of their community. He suggested that Chula Vista is trying to bribe developers to annex land to the city by promising higher density than they can get in the county. He questioned the right of the city to prezone area that is in the county. D. O'Donnell, 1641 Spruce Road, owner of a vacant lot on Lotus Street, spoke in favor of the p~oposed development as it would probably enhance future develop- ment that would upgrade the area. Colin Seid, 5051 San Aquario Drive, owner of the property, assured the Commission and residents it is their desire to develop a well functioning, affordable residential tract in the area that is consistent with the General Plan and with what the area can sustain in the way of market price. As no one else wished to speak, the public hearing was closed. In response to a question from the Commission, Mr. Peterson advised that prezoning becomes effective only upon annexation of the property to the city. Until that time the county zoning continues to be in force. It is a process by which a property owner can have some advance knowledge as to how he can use the property if he does annex to the city. Commissioner G. Johnson asked if R-3-P-8 zoning might be appropriate for this land. Mr. Peterson advised that the staff had considered R-l, R-1-5, R-2 and R-3-P-8, and giving consideration to all things it appeared this is the place to make the transition to single family homes. It would be expected that such development would occur on private streets rather than individual access to public streets. Commissioner O'Neill expressed the opinion it makes sense to have higher density in areas which are already developed and have a main artery to carry added traffic. He concurred that there should be a transition area between high density development and R-l, and he felt there should be some compromise. He pointed out that the area has ready access to transportation routes and it is in an area of police and fire protection. Minutes of City Planning Commission Meeting December lO, 1980 MSUC (G. Johnson-Stevenson) The Commission adopts the Negative Declaration on IS-81-19 and finds that this project will have no significant environmental impact. MS (G. Johnson-Stevenson) The Commission recommends that the City Council prezone the property to R-3-P-8. Although the public hearing had been closed, Commissioner Pressutti asked for comment from the applicant on the motion. Mr. Sid Xinos expressed the opinion that this property can support at least 10 units to the acre. He pointed out that with each drop in density the price of the units increases. MS (O'Neill-R. Johnson) The preceding motion be amended to recommend prezoning to Ro3-P-IO. The motion to amend failed to pass by the following vote: AYES: Commissioners O'Neill, R. Johnson, Stevenson NOES: Commissioners Williams, Pressutti and G. Johnson The motion for prezoning to R~3-P-8 carried by the following vote: AYES: Commissioners G. Johnson, Stevenson, Williams, R. johnson and Pressutti NAY: Commissioner O'Neill ABSENT: Commissioner Smith ORDINANCE NO. 1933 AN ORDINANCE OF THE CITY OF CHULA VISTA PREZONING 3-1/2 ACRES ON THE NORTH SIDE OF MAIN STREET, WEST OF WALNUT DRIVE TO R-3-P-8 By a unanimous vote Oh 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 an increase in density to 12 dwelling units per acre in exchange for the provision of affordable housing. The number of affordable units to be provided is equivalent to the number of units above the number that would be allowed under R-3-P-8 zoning. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista. City Cle~