HomeMy WebLinkAboutOrd 1981-1959 Revised
Form No. 380
Rev. 2-79 ~'
ORDINANCE NO. 1959
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 18.3 ACRES
ON T}tE SOUTH SIDE OF ORANGE AVENUE AT BRANDYWINE FROM
R-1 AND R-i-10-H-P TO R-3-P-11
The City Council of the City of Chula Vista finds as
follows:
That in accordance with the attached Negative Declaration,
IS-82-6 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 18.3 acres on
the south side of Orange Avenue be, and the same is hereby rezoned
from R-1 and R-I-10-H-P to R-3-P-11 in accordance with Planning
Commission Resolution No. PCZ-82-A, adopted on the 14th day of
October, 1981
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zoning of said property be, and the same are hereby rescinded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
D.J. .George D. Lindberg, City Attorney
Planning
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
TY OF CHULA VISTA· CALIFORNIA· HELD December 8 , 19 81 · AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD December 15 ~
19 , BY THE FOLLOWING VOTE· TO-WIT:
AYES: Councilmen: Gi 11 ow, Campbel 1, Scott, Cox
NAYES: Councilmen: None
ABSTAIN: Cot~cilmen: None
ABSENT: Councilmen: McCandl ~ss
Moy~e City of Chulo Visffi
itC
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of
ORDINANCE N0, 1959 ,ond thor the some hos not been omended or repeoled.
DATED December 17, 1981
(seol) City Clerk
CC-660
LUFIUI I IUI~U
negative -declaration ' -,
PROJECT NAME: Star/Orange Condominiums
PROJECT LOCATION: Brandywine & Orange
PROJECT APPLICANT: Star Corporation
CASE NO. IS-82-6 DATE: September 17, 1981
A. Project Setting
The proposed project would be located on the south side of the future eastward
extension of Orange Avenue at its planned intersection with Brandywine Avenue.
The site consists of 20.83 acres of hillside and bottom land presently vacant,
traversed by Poggi Creek, a seasonally dry watercourse.
A trace of the LaNacion Fault system also traverses the project site in a north/
south trend (Krooskos & Assoc., 1980).
There are no rare or endangered plant or animal species located on the project
site although the drainage which crosses the site supports several dense Sumac
thickets, providing habitat diversity (MSA, Inc., 1978).
B. Project Description
The applicant is requesting a change of zone for 20.83 acres from R-I-10-H-P (Single
family residential, minimum 10,000 sq. ft. lot size, and subject to the Hillside
Development Policy)'to R-3-P-12 (Multiple family residential, maximum 12 dwelling
units per acre). In addition, the applicant requests the rezoning of .44 acres
from R-1 (Single family residential, minimum 7,000 sq. ft. lot size) to R-3-P-12.
The project also consists of the development of 176 condominium units contained
in 44 two and three story structures and one single story recreation structure. A
'total of 357 parking spaces are proposed.
C. Compatibility with zoning and plans
The proposed project at 9.17 dwelling units per acre, is compatible with the General
Plan land use designation of "Medium Density Residential" (maximum 12 DU's/ac) and
the proposed R-3-P-12 zoning (maximum 12 DU's/ac). The project is located along
a designated "Scenic Route" (Orange Avenue), as indicated in the Scenic Highways
Element of the General Plan. Design Review procedures shall assure compliance with
the General Plan.
environmental review $ectJofi
IS-82-6 v 2 "~
D. Identification of environmental effects
1. Geology/Soils
The eastern portion of the site is traversed by the main branch of the
LaNacion earthquake fault and the various soils identified on the site have
high shrink/swell characteristics..A Soil Investigation and Geologic Study
has been prepared and submitted by William S. Krooskos & Associates (June 23,
1980). The report identifies the location of the faulttrace and recommends
that a 45 ft. wide buildin9 setback area be designed to avoid placing any
structures on the fault area. The report also makes various foundation
recommendations that will assure stable construction for structures up to three
stories in height.
2. Drainage
The property is traversed by the main channel of the Poggi Canyon drainage
basin. The applicant proposes to provide an underground drainage system to
transport the runoff from east to southwest, through the project site. Drainage
calculations and plans shall be prepared and submitted to the City Engineer
prior to any grading on the project. Any adverse environmental effects will be
mitigated through proper engineering techniques,
3. Landform
The site is characterized by severe topography at the southeast corner, although
a previous borrow pit grading operation at the higher elevations has destroyed
the natural appearance of the hillside. The remaining hillside along the southerly
edge of the project site is a landscaped manufactured slope from previous develop-
ment. Although the developer estimates that approximately 145,000 cu. yds. of
balanced cut and fill would be graded, the present site has been victimized by
offroad vehicle trails and previous grading operations to the extent that further
modification of the site, as proposed, would not be considered significantly adverse.
Native plant material should be introduced and graded slopes rounded to existing
contours to minimize aesthetic impacts.
4. Schools
All schools in the project vicinity are currently operating at or above capacity.
The proposed project would further burden the present demand for school facilities.
The following schools would be impacted by the proposed project.
Capacity Enrollment Project students
Valle Lindo Elementary 476 530 70
Bonita Vista Junior High 1,410 1,457 52
Bonita Vista High 1,512 1,477 35
The developer will be required to provide the City with written assurance from the
school districts that they will have the ability to provide educational services
to students from this project. This usually involves the developer providing the
school district with financial assistance for temporary facilities.
IS-82~6 3 ~
5. Parks
The proposed project will create the need for approximately one acre of
developed park land. Located within park district 16.01, the area presently
has only 4.35 acres of available parkland and a current need for 8.2 acres
according to the existing population.
The developer will be required to submit park acquisition and development fees
in-lieu of dedication prior to development of the site.
6. Noise
An acoustical analysis was prepared by New ~rizons Planning Consultants, Inc.
(July, 1981), which discusses noise impacts anticipated from Orange Avenue and
8rand3avine Avenue. Also included in the analysis was the impact resulting from
vehicular trips generated by the project.
Noise levels anticipated along Orange Avenue are anticipated to adversely effect
nine proposed residential structures unless noise attenuation measures are taken.
The acoustical report recommends the construction of a 4' high masonry wall
adjacent to building #5 through 12 and building #22 (see report) to reduce noise
levels below 65 CNEL (the maximum allowable level).
The additional vehicular trips placed upon Orange Avenue and Brandywine Avenue
resulting from the proposed project will increase noise levels by 0.3dB and 0.5 dB
respectively.
7. Growth Inducement
The extension of Orange Avenue will complete the road system up to the easterly
boundary of the City which could encourage annexation and development proposals of
properties currently located within the County of San Diego. The major landowner
to the east presently has a signed agreement under the Williamson Act not to develop
the property for many years which would preclude any growth inducing impacts
resulting from this project.
E. Mitigation necessary to avoid significant effects
1. Recommendations contained in the geology/soils report shall be incorporated
into the project including a condition prohibiting any structures from being constructed
within the 45' wide fault zone.
2. Drainage calculations and plans shall be submitted to the City Engineer
prior to any grading on the site. Proper engineering techniques shall mitigate any
adverse impacts.
3. Native plant material shall be included in the erosion control plans for
newly graded slopes. In addition, all graded slopes shall be rounded and smoothed
to the existing natural slopes, subject to approval of the City's Landscape Architect
and the City Enginer.
4. Written assurance shall be obtained from the appropriate school districts
that adequate classroom space will be available for students generated by this project.
IS-82-6 v 4 v
5. Parkland acquisition and development in-lieu fees shall' be paid by the
developer prior to development of the project.
6. A 4' high masonry wall shall be constructed along Orange Avenue
(approximately 2000' long) as per recommendations in the acoustical report
submitted by the applicant (New Horizons, 1981).
F. Findings of insignificant impacts
1. There are no significant natural or manmade resources within the project
area which could be adversely effected by project implementation. A confirmed leg
of the LaNacion Earthquake Fault has been identified on the project site, however,
proposed mitigation will ensure stable construction.
2. The proposed density for the condominium project is within the 12 du. per
acre maximum designated in the General Plan and the project will not achieve short
term to the disadvantage of long-term environmental goals.
3. All potential impacts can be mitigated and none are anticipated to interact
and cause any cumulative effect on the environment.
4. The project will not create any source of significant noise or odors, nor
will any hazards to human beings result.
G. Consultation
1. Individuals and organizations
City of Chula Vista Steve Griffin, Associate Planner
Shabda Roy, Associate Engineer
Tom Dyke, Building Dept.
Gary Augustine, Resource Conservation Commissioner
Duane E. Bazzel, Assistant Planner
Ted Monsell, Fire Marshal
Stuart Hurwitz - Applicant
Jim Ashbaugh - Applicant's agent
M. L. Splitstone - Applicant's engineer
2. Documents
IS-79-11, Braun Orange Avenue GPA
Acoustical Analysis (New Horizons Planning Consultants July, 1981)
Soil Investigation and Geology Study (William S. Krooskos & Assoc. June, 1980)
Biological survey (MSA, Inc., August 1978)
The Initial Stud'/Af~[~l[c.~tion .-~n~I .;valuation forms documenting the
findinc;s of no sx~;nific.nnt impact are on file and available for
public review .it t.h~: ql~tjl,~ Vista i~ld~ninq Dept., 276 4th Avenue,
Chula Vista, CA 92010.
ENVIRON:4ENTAL REV COORDI:JATOR
city of chula vista planning department
environmental review taction
ORDINANCE NO. 1959
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 18.3 ACRES ON THE SOUTH SIDE OF
ORANGE AVENUE AT BRANDYWINE FROM R-1 AND R-I-IO-H-P TO R-3-P-11
By a unanimous vote (Councilwoman McCandliss was absent), the City Council
placed the ordinance on second reading and adoption at the meeting of
December 15, 1981.
The ordinance states that the proposed rezoning will not have a significant
impact upon the environment; a Negative Declaration was prepared in accordance
with the California Environmental Quality Act of 1970 and the property is
rezoned as stated above and in accordance with Planning Commission
Resolution No. PCZ-82-A. Copies of the ordinance are available at the
office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista.
Dated: 12/22/81
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