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Home My WebLink AboutOrd 1982-2013 Revision No. 3 12/14/82 ORDINANCE NO. 2013 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 6.28 ACRES AT EAST "J" STREET AND 1-805 FROM R-l, P-C AND R-1-H TO R-1-H-P The City Council of the City of Chula Vista does hereby find as follows: 1. That EIR-81-5 on the proposed project has been prepared in accordance with the California Environmental Quality Act of 1970, as amended, the California Administrative Code, and the Environmental Review Policy of the City of Chula Vista, arfd the City Council hereby certifies that it will consider the information in the Environmental Impact Report as it makes a recommendation on the project. 2. That the Planning Commission has hereto forwarded an action to the City Council after conducting a public hearing wherein three members of the Commission voted affirmatively to recommend approval of R-l-P(4) zoning and two members opposed said zoning. 3. That in the absence of an affirmative recommendation by four votes of the Planning Commission as required by law, the City Council has heretofore on November 9, 1982 conducted a public hearing de novo and directed that an ordinance be prepared rezoning the subject property to R-1-H-P. 4. That in the absence of an affirmative recommendation to the Council by the Planning Commission, no further report from the Commission is required. 5. That that proposed rezoning to R-1-H-P is consistent with the General Plan for the subject property. 6. That the "P" Modifying District may be applied based upon the finding that one or more of the following circumstances is evident: A. The adjacent property, or the neighborhood or area in which the property is located in unique by virtue of topography, geological characteristics, access, -1- configuration, traffic circulation, Or some social or historic situation requiring special handling of the development on a precise plan basis. The subject property is of unusual configuration and has an average natural slope of 30%. B. The basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or flexibility needed to achieve an effi- cient and proper relationship among the uses allowed in the adjacent zones. The attachment of the "P" District will allow the City to exercise control of the location and height of buildings to insure reasonable retention of the view along the public street. 7. The final Environmental Impact Report on the project (EIR-81-5) concludes that the project could result in one or more significant environmental impacts. Therefore, the Council hereby adopts the following findings in accordance with Section 21081 of the California Resources Code: A. Noise The dwelling units will be required to meet the State of California Administrative Code Title 25 Noise Insulation standards and therefore will be designed to achieve a maximum interior noise level of 45 dBA. All exterior private open space areas which will be exposed to a 65 LDN noise level or higher will be provided with a line-of-sight barrier. Changes are being incorporated into the project which mitigate any significant acoustical impact. B. Paleontology Paleontological resources which are associated with the San Diego Soil Formation have been discovered in this area. The open space lot will include an access easement for qualified paleontologists to gain access and conduct necessary excavations at some future date. Measures are being incorporated into the project which will mitigate or void any significant impact on paleontological resources. C. Traffic Safety The project has been conditioned to provide safe access to East "J" Street. Changes have been incorporated into the project which mitigate significant environmental effects. D. View Aesthetics East "J" Street is designated as a scenic route in the Chula Vista General Plan. A portion of the right-of-way adjacent to this development provides views of Rice Canyon, Sweetwater Valley and downtown San Diego. Implementation of the project could substantially change the natural appearance of the property. However, development plans for the property will be reviewed by the Design Review Committee to assure retention of the view and development in accordance with the Hillside Modifying District with assured retention of the natural land form and vegetation. Changes have been incorporated into the project which mitigate the significant environmental effects. E. Land Form The project site is characterized by steep topo- graphy with an average natural slope of about 30% and many areas steeper than a 2:1 ratio. As is noted above, the rezoning includes the Hillside Modifying District which will preserve the natural land form of the site. Changes have been incorporated into the project which mitigate this significant impact. No other significant environmental impacts were identified in the final EIR. 8. The project as proposed, with the development guidelines, mitigates all significant environmental impacts and it is not necessary to adopt a statement of overriding consideration. The City Council of the City of Chula Vista does ordain as follows: -3- 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 zoni~ changes: That that certain property consisting of 6.28 acres at East "J" Street and 1-805 be, and the same is hereby rezoned from R-i, P-C and R-1-H to R-l-H-P, pursuant to the provisions set forth in Section 19.12.020 governi~ the rezoning of property. SECTION II: That said zoning to R-1-H-P shall be subject to the following development guidelines: 1. Any development shall be subject to Design Review Committee approval to assure retention of the view. 2. All structures shall maintain a minimum 25 foot setback from East "J" Street. 3. All dwelling units, regardless of type, shall be designed to meet the State of California Administra- tive Code Title 25 noise insulation standaM for a maximum interior noise level of 45 dBA. All exterior private open space areas exposed to approxi- mately 65 dBA level or higher shall be provided with a line-of-sight barrier protection. 4. Any development plan approval will require that an open space lot with an access easement to the San Diego formation soils be provided for qualified paleontologists to gain access and conduct necessary excavations at some fut~e date. 5. Access to "J" Street shall be designed to minimize traffic conflicts. SECTION III: 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 IV: This ordinance shall take effect and be in full force on the thirty-first day from and after its pass~e and approval. Presented by Approved as to form by irect Georg~"b. Lindberg, City '~/~ Planning Attorney · FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE' TY OF CHULA VISTA· CALIFORNIA· HELD November 23 19 82 AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD December 7 , 19 82 · BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilmen: McCandliss, Scott, Cox, Moore NAYES: Councilmen: Malcolm ABSTAIN: CoLm~ilmen: None ABSENT: Councilmen: None "~L~~ CI~ '/~~ of Chulo Vista ATTES c/j ity ~ FATE 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 N0. 2013 ,and that the some has not been oreended or repealed. DATED (seal) City Clerk CC-660 -~ b ', (R-I-H-P) "" ...~.59' I : ''~ ~.... :., ~. ,,~ ,~ :~'..~ . ~-.....,.-., /- - E. JAMES CASE NO. Pcz-es-~ I HEREBY C~RTIFY THAT THIS ZONING MAP ACREAGE: 6.280c WAS APPROVED AS A PART OF ORDINANCE S _E: ~"= 2oo' DATE: DEC. 15 , 1982 ; RK DRAWN BY~~ c,~c~ ~: ~/ ZONING MAP - 401 ORDINANCE NO. 2013 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 6.28 ACRES AT EAST "J" STREET AND 1-805 FROM R-l, P-C AND R-1-H TO R-1-H-P By a unanimous vote on December 7, 1982, the City Council placed the ordinance on second reading and adoption. The ordinance rezones the property at East J Street to R-1-H-P (Single-family, Hillside Modifying District with Precise Plan), with specific guidelines attached. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista. Dated: 12/14/82 ~~ ~'~~ · City ~