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HomeMy WebLinkAboutPlanning Comm Reports/1984/06/13 AGENDA City PLanning Commission Chula Vista, California Wednesday, June 13, 1984 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER APPROVAL OF MINUTES - May 9, 1984 ORAL COMMUNICATIONS 1. PUBLIC HEARING: PCZ-84-E, Council referral on rezoning of 1.13 acres located at 309 and 315 Sea Vale Street from R-1 to R-3-P-13 David P. Davies 2. Consideration of Final EIR-84-40tay Small Electric Generating Plant, Otay Landfill - Central Plants, Inc. 2. PUBLIC HEARING: Conditional use permit PCC-84-2: Request to construct a small electrical generating plant on the northeast corner of the Otay Landfill property - Central Plants, Inc. 4. PUBLIC HEAIRNG: Consideration of Draft EIR-84-6, Chula Vista Woods 5. PUBLIC HEARING: Variance ZAV-84-12 - Request for reduction in minimum lot size at 881 First Avenue - Robert DeForge 6. PUBLIC HEARING: Consideration of tentative subdivision map for Georgian Condominiums, Chula Vista Tract 84-2 Georgian Investors, Ltd. DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT to the Study Session Meeting of June 20, 1984 at 5:00 p.m. in Conference Room #2. TO: City Planning Commission FROM: George Krempl, Director of Planning S~JBJECT: Staff report on agenda items for Planning Commission Meeting of June 13, 1984 1. PUBLIC HEARING: PCZ 84-E Reconsideration to rezone 1.13 acres located at 209 and 215 Sea Vale Street from R-1 to R-2-P-l$ - David P. Davies A. BACKGROUND On April ll, 1984, the Planning Commission with five members present and two absent failed to approve the rezoning request by a vote of 3 to 2 (a total of 4 votes is required to approve). The matter was appealed to the City Council', who on May 15, 1984, indicated by a vote of 3 to 2, their disposition to approve the request. As required by Code (Sec. 19.12.Il0), the item was referred back to the Planning Commission for reconsideration. The Council al so requested that the Safety Commission review the matter for traffic considerations. (Note: A copy of the Planning Commission report, A-113 to Council and minutes of each meeting are attached hereto.) In addition, the Council wanted a Commission recommendation as to whether 309 Sea Vale should be included as part of the ap~ication and rezoned. B. RECOMMENDATION The Planning Commission may recommend that the City Council take the following action: 1. Deny the request; 2. Approve the request {Note: Findings for approval and precise plan development standards have been prepared and included in this report for Commission consideration.); 3. Approve the request with the deletion of the property located at 315 Sea Vale Street from the boundaries of the zone change; or, 4. Approve the rezoning to a more restrictive classification (less density). C. DISCUSSION The Council's action of May 15, referring this item back for reconsideration by the Planning Commission, is set forth in the Municipal Code to allow the Planning Commission to react to a Council decision which is contrary to that of the Commission. This referral is not an attempt to have the Commission necessarily change their decision. It al so affords the Commission the opportunity to establish conditions or guidelines which would aid the Council. City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 2 The Council also expressed some concern as to whether or not the adjacent parcel to the south of 309 Sea Vale should be included in the rezoning action. In the Planning staff report to the Planning Commission dated 5/15/84, it was pointed out that 315 Sea Vale is an 8200 sq. ft. lot containing one single family dwelling and that rezoning the property to R-3-P(13) would allow a maximum of two units on the property. If rezoning of 309 Sea Vale to R-3-P(13) occurs, it is staff's opinion that it is necessary to include 315 Sea Vale so that a logical zoning pattern develops for the west side of Sea Vale Street. D. RECOMMENDATION AND STANDARDS The Planning Department still does not support the request. However, should the City Council adopt the ordinance to rezone the area, it is recommended that 315 Sea Vale be included as well as the suggested development guidelines included below: 1. The height of any structure shall not exceed two stories and 20 feet in height above the highest finished grade level. 2. A minimum 20 foot setback shall be maintained from the easterly property line for the most southerly lot {315 Sea Vale) and 80' minimum for 309 Sea Vale. 3. Any grading of the property shall preserve the basic integrity of the land form and retain as many trees as possible as determined upon review of the grading plan by the City's Landscape Architect. 4. Prior to issuance of building permit the sight visibility problem at the southeast corner of the intersection shall be resolved to the satisfaction of the City's Traffic Engineer. 5. ~l required parking shall be provided on site. E. FINDINGS: Below are the findings which would have to be made to sustain a recommendation of R-3-P{13). If the request is denied, no such findings are required. The property or area to which the P modifying district is supplied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between 1 and usages which might otherwise prove incompatible. lhe subject property is located adjacent to a stable single family neighborhood and the attachment of the P district will permit the establishment of development standards to ensure compatibility between uses. City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 3 The basic or underlying zone regulations do not allow the property owner and/or the City appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. The attachment of the P district will enable the City to establish a density on the subject property which would be in keeping with the adjoining area. WPC 0991P City Planning Commission Agenda Items for Meeting of April 11, 1984 Page 4 2. PUBLIC HEARING: PCZ 84-E - Consideration to rezone 1.13 acres located at 309 and 315 Sea Vale Street from R-! to R-3-P-!3 - David P. Davies A. BACKGROUND 1. This item involves a request to rezone the property located at 309 Sea Vale Street from R-1 (single family residential) to R-3-P-13 IMultiple family residential subject to a precise plan at a density of 13 dwelling units per acre). In order to create a logical zone bounda~, the City has included the property located at 315 Sea Vale street in the request. 2. An Initial Study, IS-84-22 of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on March 29, 1984, who concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. B. RECOMMENDATION 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-84-22. 2. Adopt a motion to deny the request. C. DISCUSSION 1. Adjacent zoning and land use. North R-3-G-D Vacant (approved 107 unit senior project) South C-O Plant nursery East R-1 Single family dwellings West C-O Office building 2. Existing site characteristics. The applicant's property is a 0.94 acre irregularly shaped parcel located at the northwest intersection of Sea Vale Street and Third Avenue and is developed with a single family dwelling. The property included by the City is a 0.19 acre (8,251 sq. ft.) triangular parcel which is also developed with a single family dwelling. The total area under consideration is 1.13 acres. City Planning Commission Agenda Items for Meeting of April 11, 1984 Page 5 Topographically, the two parcels form a small narrow knoll which projects westerly. The adjoining properties to north, south and west are significantly lower in elevation (25 to 30 feet) than the project site. The two parcels range from an elevation of 30 feet to a high of 65 feet. The smaller parcel is actually situated on the south facing slope of the knoll and the home is a split level structure with the garage located underneath. The knoll slopes away from Sea Vale Atreet which is also a downgrade to Third Avenue Extension. The applicant's property has a number of mature trees. 3. General plan. The subject properties are designated for medium density residential at a density of 4 to 12 dwelling units per gross acre by the General Plan. The proposed rezoning is consistent with this land use designation. The adjacent General Plan land use designations are as follows: North - High density residential - 13 to 26 DU's/gross acre South - Commercial (Professional and administrative) East - Medium density - 4 to 12 DU's/gross acre West - Commercial (Professional and administrative) 4. Previous rezonings. In 1976 the two parcels were rezoned from R-3 to R-1 as part of a citywide rezoning program known as "neighborhoods in transition" designed to protect single family neighborhoods adjacent to R-3 areas and single family enclaves within the R-3 zone. The rezoning (initiated by the City) was denied by the Planning Commission by a vote of 4 to 2; however, upon appeal the City Council unanimously (one absent) approved the downzoning of the two parcels to R-1. The property immediately to the north and east of the subject property was recently rezoned to R-3-G (PCZ-84-B) to allow for the development of a 207-unit senior housing project. The conditional use permit (PCC-84-5) was approved by the City Council in December 1983. Primary access to that project is from "C" Street. 5. Proposed development plan. The applicant has submitted a preliminary plan for the development of the 0.94 acre parcel. The proposed development is a 12-unit condominium project consisting of two 6-unit structures. There will be three basic floor plans, each having two bedrooms. Each structure will have two units and six garages on the first floor and four units on the second floor. Access is provided a single two-way driveway in the center of the two buildings which leads to 12 open parking spaces at the west end of the site. The total parking on-site will be 24 spaces (12 garages and 12 open), a ratio of 2 spaces per unit. City Planning Commission Agenda Items for Meeting of April 11, 1984 Page 6 The proposed design will be contemporary spanish architecture with a stucco exterior, mission tile roofs and wood trim. The elevations will have a series of off-sets created by wing walls, window projections and other features. The plan is well conceived and utilizes the existing topography to its advantage. D. ANALYSIS There are a number of arguments to be made both in favor and against the rezoning request. These are listed below: In favor 1. The proposed density is consistent with the General Plan. 2. The subject property is bounded by commercial on two sides (south and west) and multiple family on the other (north). 3. It is separated from the majority of the single family dwellings by the street. 4. The proposed site plan shows how the property can be effectively developed with condominiums. Against 1. Despite the fact that a nursery exists at the intersection, the street leading to the development is primarily single family in character. 2. A total of 14 units may be constructed on the two parcels which would generate ll2 trips per day (8 ADT per unit) versus 22 trips (ll ADT per single family) generated by the existing two residences. (Note: Under the "dwelling group" provision of the Code a maximum of 4 to 5 units could be constructed on the applicants' property; however, the location of the existing residence would limit the number of units unless removed. A conditional use permit is required for a dwelling group. The ADT would be 55 trips or 66 trips per day for 5 or 6 units, respectively.) 3. The traffic visibility at the intersection of Third Avenue and Kea Vale, especially for northbound traffic on Third Avenue which must make a left turn movement onto the site, is restricted because of the existing street grades. The increase in traffic generated by the 12 units would compound the problem. 4. The additional property included by the City has an area of 8,251 sq. ft. and under the R-3-P-13 zoning, a maximum of 2 units would be allowed. Given the topographic constraints of the property and economic factors it is unlikely that the property would be redeveloped or another unit added. City Planning Commission Agenda Items for Meeting of April 11, 1984 Page 7 5. Since redevelopment of the smaller parcel is unlikely, approval of this request would be equivalent to "spot" zoning. 6. The multiple family development represents an intrusion into a stable and well maintained single family neighborhood. 7. The two parcels, though adjacent to commercial and multiple famiy areas, are separated and buffered by the existing slopes and differences in elevation. 8. The two parcels were down zoned in 1976 by the City Council based on the same factors iterated in this report. After weighing the arguments, it is the opinion of the Planning Department that the request be denied. WPC 0878P negative declaration----- PROJECT NAME: Sea Vale Garden Apartments PROJECT LOCATION: 309 Sea Vale Street PROJECT APPLICANT: David P. Davies CASE Nh: IS-84-22 DATE: March 29, 1984 A. Project Setting The proposed project site consists of l) a .94 acre parcel at 309 Sea Vale Street and, 2) a .19 acre parcel at 315 Sea Vale Street. The parcel at 309 Sea Vale Street presently contains one single family dwelling, a number of matrure trees and sets atop a knoll overlooking Third Avenue to the south and "C" Street to the north. The parcel at 315 Sea Vale Street which is south of 309 Sea Vale Street and fronting on Sea Vale Street, also contains one single family dwelling. Existing land uses consist of a plant nursery to the south, commercial offices to the west, vacant land (site of future 207-unit senior citizen project) to the north and single family homes to the east. Several earthquake faults have been mapped in the general vicinity of the project site and a small fault, inferred from aerial photographs has been mapped just west of the project site {Special Report 123 from the California Division of Mines and Geology). No evidence of this north/south trending fault nor any other faults was observed on property immediately north of the project site, as discussed in a geotechnical report prepared by Southern California Soil and Testing, Inc. {1983.) B. Project Description The project consists of the rezoning of 1.38 acres of property from R-1 to R-3, the removal of one single family dwelling at 309 Sea Vale Street and the construction of 12 condominium units on .94 acres at that address. C. Compatibility with Zoning and Plans The proposed rezoning to R-3 is compatible with the "high density residential" (13-26 du/ac) designation of the general plan and will require City Council approval. The 12 condominium units will require approval by the Design Review Committee. D. Identification of Environmental Effects 1. Soils The Engineering Department indicates that the project site may contain expansive soils. A soils report will be required prior to any grading of the project site. ~ city of chula vista planning department environmental review section IS-84-22 - 2 - 2. Land Form/Aesthetics A number of mature trees are presently located on the property proposed for development. The applicant proposes to retain the basic topography of the site and to retain as many of the existing trees as feasible. The applicant should make every effort to retain existing trees and blend any new slopes into the existing topography. The City's Landscape Architect should consider the disposition of all onsite mature trees prior to the removal of any trees. 3. Traffic Circulation The City's Traffic Engineer has estimated that the proposed 12-unit development will generate approximately 96 one-way auto trips per day, l0 percent of what is estimated to use Sea Vale Street at present. The entry/exit drive to the proposed condominium units is situated at a 90 degree turn in Sea Vale Street. The entry drive drops at a 15 percent grade from Sea Vale Street into the project. The City Engineer will require that the driveway conform to Chula Vista Design Standard 5, for a downhill driveway. This will provide adequate site distance for cars entering and exiting the site. The City's Traffic Engineer has indicated that present site distance difficulties experienced for cars entering the project site will not be affected by project implementation and due to the relatively low volume of traffic presently experienced on Sea Vale Street, the estimated lO percent increase in trips generated by the project will not result in a significant adverse environmental impact. 4. Schools A local elementary school is approaching capacity enrollment levels and the local junior high school is currently operating above capacity levels. The additional estimated 5 elementary and 4 junior high school students generated from this project will serve to exacerbate current enrollment levels. The developer shall comply with public facilities policies and ensure that adequate classroom space is available for new students. 5. Parks There is presently no developed park acreage within Park District No. 1.04, in which the project site is located. An estimated 0.064 acres of developed parkland would be required for the project. The developer will be required to pay in-lieu park acquisition and development fees concurrent with recordation of the final subdivision map. IS-84-22 - 3 - E. Mitigation necessary to avoid significant effects No mitigation measures are recommended since standard development regulations will reduce potential impacts to a level of insignificance. F. Findings of Insignificant Impact 1. There are no significant natural or manmade resources within the project area which could be adversely affected by project implementation. 2. The proposed rezoning and development is in conformance with the general plan and will not achieve short term to the disadvantage of long term environmental goals. 3. All potential impacts can be mitigated through standard development regulations. No impacts are anticipated to interact and cause cumulative affect on the environment. 4. The project will not create any source of significant noise or odors, nor will any significant hazards to human beings result from project implementation. G. Consultation 1. Individuals and Organizations City of Chula Vista: Steve Griffin, Associate Planner Roger Daoust, Senior Civil Engineer Tom Dyke, Building and Housing Depa~ment Ted Monsell, Fire Marshal Chuck Glass, Traffic Engineer Duane Bazzel, Assistant Planner Applicant's Architect: Corey Breininger 2. Documents Chula Vista General Plan Geologic Reconnaissance for Canterbury CourSes (Southern California Soils and Testing, Inc. 1983) Special Repo~ 123, California Division of Mines and G.Qology .. The Initial Study application and evaluation forms documenting the n nolngs of no significant impact are on file and available for public review at the Chula v~Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. REVIEW COORDI ATO ~C 0175P EN 6 (Rev. 12/82) city of chula vista planning department (~1"~'~ environmental review section Agenda '['t em ,~ TO: Planning Co,-~ ssioners: John W. O'Neill~ ChairmA~ Michael A. Green, Vice-Chairman Roy R. Johnson Alex Preasutti William S. Cannon Thomas L. Shipe Edwin A. Guiles Director of Planning George Krempl FROM: Peter J. Watry Jr. 81 Secon~ Avenue Chula Vista SUBJECT: Request to re-zone property at 309 Sea Vale from R-1 to I will not be able to appear before you at the Public Hearing concerning this property on April 11~ so I hope that I may be permitted to address some comments to you in this fashion. Along with ~ neighbors, I ~m very concerned with this re-zoning attempt. Our neighborhood is one of predominantly single-f~m~ ly homes. Most of our homes are 10~ 20, 30 years o16 and even older. Hut there is also a nice sprinkling of new homes that have been built in the past few years. Although our's is one of the city's oldest neighborhoods it is definitely not a deteriorating one in spite of its age. We have many retired people, as well as young people; families with grown kids as well as f~lies with young babies; we have expensive homes as well' as very modestly-priced homes. The homes are kept up, the yards are maintained and our neighborhood must be one of the most attractive in the city. But it is wtlnerable. The Planning Co,~tssion and the City Council have been most helpful in protecting our neighborhood in the past. We have not asked for subsidies from the city, nor re-development funds, nor do we complain about the lack of street lighting and maintenance on some of our streets. The residents and home owners of our neighborhood bear the full burden of having created a~d maintained this established and attractive neighborhood· But we d_~o require protection from any kind of development that is incompatible with our neighborhood -- that is, that would destroy the very thing that most of us have invested tens of thousands of our dollars for. People have invested dollars to buy homes in our neighborhood because it is R-1 and stable and attractive· People have invested dollars and hours of labor to maintain our homes and our yards in our neighborhood because it is R-1 and stable and attractive. Our neighborhood is one of the nicest in Chula Vista -- but it requires the continuing protection of the City. Once one owner is s.llowed to change from R-1 to R-B, then others must be allowed to do so also. And once that sta_~ts, that will be the beginning of the end of our neighborhood as it now exists· Event,,a!ly, of course, it might become an attractive area of condominiums and apartments, hut in the meantime it would mean the deterioration of our neighborhood, homes being turned into rentals, the area becoming run-down, and so forth until the long cycle was completed into a new type of neighborhood. We beg of you, as we have done successfully so many times in the past, not to allow that first intrusion of incompatible zoning· This incompatibility was recognized in 1976 when the Planning Staff successfully recommended to the Council that this very property be down-zoned from R-B to R-1 at that time· In part the Staff report stated: Staff findings in support of the propozed rezoning were based on the fact that in terms of land form, existing development, and adjacency, the subject single family enclave represents a logical component of the adjoining sound, orderly, and stable R-1 single fmm~ly neighborhood, and that the existing R-3 zoning on the subject property represents a potential threat to the stability and order of the entire neighborhood. · . . The property is adjacent to an established R-1 neighborhood which is struggling to m~ntain its character. . . The natural topography of the land better serves as a buffer between the existing R-1 homes to the east and the commercial areas to the west than would apartments.. Each parcel is occupied By a well-maintained single fmm~ly dwelling. Severe slopes within and adjacent to the site provide these dwellings with a natural separation from the commercial and apartment areas to the north, south and west, and reinforces their relationship to a stable and orderly R-1 single family neighborhood to the east. I urge the Planning Co-~4ssion to respect these findings still today. Our neighborhood is still an attractive and orderly R-1 neighborhood and this re-zoning could be the beginning of the end for us. I urge the Planning Co~ ssion to retain the compatibility of this property as R-1 and to den~ the application for re-zoning. EXTRACT FROM PLANNING COMMISSION MINUTES OF APRIL ll, 1984 2. PUBLIC HEARING: PCZ-84-E - CONSIDERATION TO REZONE 1.13 ACRES LOCATED AT 309 AND 315 SEA VALE STREET FROM R-1 TO R-3-P-13 - DAVID P. DAVIES Princpal Planner Lee stated that the applicant has a l-acre site that was zoned R-3 until 1976. At that time, it was zoned R-1 as part of an overall City study. Since that time, the commercial area to the south along Third Avenue Extension has been developed and the City recently rezoned property to the north and east of the site to R-3G to allow construction of a 207-unit senior citizen project. The appli- cant is asking rezoning from R-1 to R-3-P-13 and is proposing to construct a 12-unit condominium project which will be set back about 100 feet from Sea Vale Street. The project consists of two 6-unit structures with three basic floor plans. Each building will have two units and six garages on the first floor with four units on the second. The buildings are contemporary Spanish architecture with a stucco exterior, mission tile roofs and wood trim. Access is provided by a driveway between the two buildings. The parking ratio is 2:1. Several petitions both pro and con have been received. This being the time and the place as advertised, the public hearing was opened. Corey Breininger, 9525 Mission Gorge Road, #35, Santee, 92071, the architect, said the goals of.the development included quality of the environment, architecture and the impact on the surrounding community. Methods taken to create a development which blends in and complements the neighborhood include retention of mature trees; a set-back of the buildings 100 feet from the corner with landscaping designed to hide cars from view; buildings located 50 feet from any single-family residence; units broken into four smaller buildings to maintain residential atmosphere; all parking (24 spaces) provided on-site to eliminate curbside parking; and the use of parapets to hide the solar heating units. A slide was presented showing the result of a survey of all property owners within a 300-foot radius. Mr. Breininger sum- marized his presentation saying the property would act as a buffer between the resi- dential and commercial developments. Lane Cole, 273 Coralwood Court, CV, 92010, a Registered Civil Engineer representing the applicant, reviewed the staff's arguments against the project saying traffic safety would not be impaired because the distance from Third Avenue to the entrance of the development is about 300 feet which gives a safety factor of 98 feet for stopping distance; a traffic count on Friday between 4:50-5:50 (peak hour) indicated 27 westbound and 50 eastbound cars; there have been only three accidents on Sea Vale since 1980; the statement that development of this project is equivalent to "spot zoning" because the additional property included by the City is unlikely to be developed is purely speculative as there is room for development; the lO0-foot "buffer" space will prevent ~'intrusion" although looking at a Zoning map gives the appearance that the R-1 is intruding into the multi-dwelling and commercial area; and, finally, the commercial properties are in the immediate vicinity and the effect on the property cannot be ignored. Speaking in support of the project were Ray Yoder, 296 Sea Vale Street, CV, 92010, broker; Dorothy Davies, 309 Sea Vale Street, CV, 92010, applicant; David Davies, 132 East 28th Street, National City, 92050, applicant's son. Their comments included the need for Mrs. Davies to generate income; topography limits the lot-splitting; 12-unit condominium development is cost-effective, single-family development would not be; the Davies' participation in civic growth throughout the past 46 years. Speaking against the project were Carol Smith, 275 Sea Vale Street, CV, 92010; Carole Williams, 299 Sea Vale Street, CV, 92010; Lowell Batterton, 209 Nixon Place, CV, 92010; Susan Watry, 81 Second Avenue, CV, 92010; and Dean Smith, 275 Sea Vale Street, CV, 92010. Their comments included 209 Sea Vale could be developed into four or five lots thereby maintaining the R-1 zoning; the R-1 area is defined by the topography; neighborhood is an unstandarized mixture of old and new and representing quality in the community; want the R-1 zone retained; feel secure having a home in an R-1 older zone; many near collisions and one serious crash caused by poor visi- bility created by sharp angle of the turn; request protection from destruction of the neighborhood; one change from single-family residential establishes a precedent; with 12 garage units and spaces, all will expect a garage and space and visitors will end up parking in the street; if this goes through we will become a neighbor- hood in transition; a person's need to generate income is not a planning tool; drivers traveling west tend to shade to the left causing near accidents; the slides (presented by Lane Cole) were taken with a telephoto lens; the hill is at a steep pitch and people will have to cross it at the most dangerous part. Commissioner Pressutti remarked that he was impressed with the project which creates an excellent buffer between commercial and single-family area but is concerned about the safety factor. He asked for the opinion of the Traffic Engineer. Senior Civil Engineer Daoust replied that he had discussed the safety factor at length with the Traffic Engineer who was unable to give a precise summary because the potentia~ trouble for traffic comi~g.upSea Vale and turning left was balanced by the low volume of traffic on Sea Vale and that which is anticipated to be generated by the project. Commissioner O'Neill commented that three accidents in 3 years is not many and the project is architecturally well designed and does provide a buffer, however, in listening to the concerns voiced by the neighbors and by staff he is finding a decision hard to make. Mr. Cole declared that he had used a wide-angle 28 mm lens and there was no intent to foreshorten; the accident rate indicates that people using the street exercise caution; the only way to put multiple-family on the development would be to con- solidate lots through purchase and to buy single-family dwelling units and build multiple-family on them doesn't pencil out; if you have a stable singlE-family area, it's going to stay that way and if that wasn't the case, someone would have picked up the adjoining R-l's when the 34 units went in on Third Avenue below. In response to Commissioner Guiles' question, Mr. Daoust said the accident history did not warrant the installation of a traffic sign at the bottom of the hill. Mr. Breininger declared that 'the project was designed to not cause on-street parking. The interior parking area is closer to the units than anyt~i'ng on the street. No one else wishing to speak, the public hearing was closed. ~ Commissioner Shipe said he would not support staff's recommendation to deny the request as the project is a beautiful architectural rendition and will add to the property value in the neighborhood, forms an excellent buffer and safety is not that much of a factor. Commissioner Cannon stated he sees no problem with safety, however, previous rezonings have involved projects surrounded by commercial, this area is R-1 and has single-family homes all around it. MSUC (Guiles/Pressutti) to adopt Negative Declaration IS-84-22. MS (Cannon/O'Neill) - Shipe, Pressutti and Guiles voted "no" - to deny the request. Chairman O'Neill, after consulting with the Assistant City Attorney, declared that no further action on the request for rezoning was required unless the applicant filed an appeal with the City Council. DIRECTOR'S REPORT Director of Planning Krempl asked the Commission's preference for a preview of the Land Development Process study prior to its presentation to Council (in May) and which will possibly be referred to the Planning Commission and Design Review Com- mittee or cancellation of the workshop meeting of the 18th. The Commission chose to cancel the meeting. COMMISSION COMMENTS Commissioner Pressutti is leaving for Japan in the morning and will be absent from the April 25, 1984 meeting. ADJOURNMENT &T 9:29 p.m. to the Regular Business Meeting of April 25, 1984 at 7:00 p.m. in the Council Chambers Ruth M. Smith, Secretary /rms COUNCIL AGENDA STATEMENT Item Meeting Date 5/15/84 ITEM TITLE: Public Hearing: PCZ 84-E o Consideration of appeal to rezone 1.13 acres located at 309 and 315 Sea Vale Street from R-1 to R-3-P-13 - David P. Davies SUBMIttED BY: Planning Director~? (4/Sths Vote: Yes__No X ) REVIEWED BY: City Manager On April 11, 1984, the Planning Commission considered a request to rezone the property located at 309 Sea Vale Street from R-1 (Single Family Residential) to R-3-P-13 (Multiple Family Residential subject to a precise plan at a densit~ of 13 dwelling units per acre). Also considered at the time was the rezoning of the property located at 315 Sea Vale Street which was included in the request in order to create a logical zone boundary. The Planning Commission failed to approve the request by a vote of 3 to 2 with 2 absent. A majority of the total membership (4 votes) is required to forward a recommendation of approval to Council. The failure to approve constituted a denial of the request; therefore, an appeal was filed for the matter to be considered by the City Council. RECOJ~4ENDATION: That Council adopt a motion to deny the appeal. BOARDS/COFI41SSIONS RECOI~MENDATION: On April ll, 1984, the Planning Commission unanimously adopted the Negative Declaration issued on IS-84-22 which is herewith forwarded for Council adoption. DISCUSSION: Adjacent zonin9 and land use. .North R-3-G-D Vacant (approved 207 unit senior project) South C-O Plant nursery/commercial offices East R-1 Single family dwellings West C-O Office building E~isting site characteristics. The applicant's property is a 0.94 acre irregularly shaped parcel located at the northwest intersection of Sea Vale Street and Third Avenue and is developed with a single family dwelling. The property included by the City is a 0.19 acre (8,251 sq. ft.) triangular parcel which is also developed with a single family dwelling. The total area under consideration is 1.13 acres. Page 2, Item Meeting Date~ Topographically, the two parcels form a small narrow knoll which projects westerly. The adjoining properties to north, south and west are significantly lower in elevation (25 to 30 feet) than the project site. The two parcels range from an elevation of 30 feet to a high of 65 feet. The smaller parcel is actually situated on the south facing slope of the knoll and the home is a split level structure with the garage located underneath. The knoll slopes away from Sea Vale Street which is also a downgrade to Third Avenue Extension. The applicant's property has a nu~er of mature trees. General plan. The subject properties are designated for medium density residential at a density of 4 to 12 dwelling units per gross acre by the General Plan. The proposed rezoning is consistent with this land use designation. The adjacent General Plan land use designations are as follows: North -' High density residential - 13 to 26 DU's/gross acre South - Commercial (Professional and administrative) East - )ledium density - 4 to 12 DU's/gross acre West - Commercial (Professional and administrative) Previous rezonings. In 1976 the two parcels were rezoned from R-3 to R-1 as part of a citywide rezoning program known as "neighborhoods in transition" designed to protect single family neighborhoods adjacent to R-3 areas and single family enclaves within the R-3 zone. The rezoning (initiated by the City) was denied by the Planning Comission by a vote of 4 to 2; however, upon appeal the City Council unanimously (one absent) approved the downzoning of the two parcels to R-1. The property immediately to the north and east of the subject property was recently rezoned to R-3-G (PCZ-84-B) to allow for the development of a 207-unit senior housing project. The conditional use permit (PCC-84-5) ~as approved by the City Council in December 1983. Primary access to that project is from "C" Street. Proposed development plan.. The applicant has submitted a preliminary plan for the development of the 0.94 acre parcel. The proposed development is a 12-unit condominium project cohsisting of two 6-unit structures. There will be three basic floor plans, each having two bedrooms. Each structure will have two units and six garages on the first floor and four units on the second floor. Access is provided a single two-~ay driveway in the center of the t~lo buildings which leads to 12 open parking spaces at the west end of the site. The total parking on-site will be 24 spaces (12 garages and 12 open), a ratio of 2 spaces per unit. The proposed design will be contemporary spanish architecture with a stucco exterior, mission tile roofs and wood trim. The elevations will have a series of off-sets created by ~ing walls, window projections and other features. The plan is well conceived and utilizes the existing topography to its advantage. Page 3, Item Meeting Da te-ETTl'576q[ ANALYSIS: There are a number of arguments to be made both in favor and against the rezoning request. These are listed below: In favor 1..The proposed density is consistent with the General Plan. 2. The subject property is bounded by commercial on t~o sides (south and west) and multiple family on the other (north). 3. It is separated from tJ)e majority of the single family dwellings by the street. 4. The proposed site plan shows how the property can be effectively developed wi th condominiums. Against 1. Despite the fact that a nursery exists at the intersection, the street leading to the development is primarily single family in character. 2. A total of 14 units may be constructed on the two parcels which would generate ll2 trips per day (8 ADT per unit) versus 22 trips (ll ADT per single family) generated by the existing two residences. (Note: Under the "dwelling group" provision of the Code a maximum of 4 to 5 units could be constructed on the applicants' property; boy, ever, the location of the existing residence would limit the number of units unless removed. A conditional use permit is required for a dwelling group. The ADT would be 55 trips or 66 trips per day for 5 or 6 units, respectively.) 3. The traffic visibility at the intersection of Third Avenue and Sea Vale, especially for northbound traffic on Third Avenue which must make a left turn movement onto the site, is restricted because of the existing street grades. The increase in traffic generated by the 12 units would compound the problem. 4. The additional property included by the City has an area of 8,251 sq. ft. and under the R-3-P-13 zoning, a maximum of 2 units would be allowed. ' Given the topographic constraints of the property and economic factors it is unlikely that the property would be redeveloped or another unit added. 5. Since redevelopment of the smaller parcel is unlikely, approval of this request would be equivalent to "spot" zoning. 6. The multiple family development represents an intrusion into a stable and ~ell maintained single family neighborhood. Page 4, Item Meeting Da te-E;-/l!F/B~ 7. The two parcels, though adjacent to commercial and multiple famiy areas, are separated and buffered by the existing slopes and differences in el evation. 8. The two parcels were do~n zoned in 1976 by the City Council based essentially on the same factors iterated in this report. After ueighing the arguments, it is the opinion of the Planning Department that the request be denied. Petitions in favor and against the request were submitted to the Planning Department. The property owners signing one or the other are reflected on Exhibit "A." FISCAL IMPACT: None WPC 0928P · SE( ND - --L----l-' II [ ~ ~-"--- I I ~' --..J- -.: ~ '~ mo -m-- --:-- - -~ I ! -'--- I '-11 _1 i I ! I ~ i- I-~' 1 I---- , ! - I i l:--:-'F~ I l ! ' THIRD i V F---q 6. PUBLIC HEARING PCZ 84-E CONSIDERATION OF APPEAL TO REZONE 1.13 ACRES LOCATED AT 309 AND 315 SEA VALE STREET FROM R-1 TO R-3-P-13 - DAVID P. DAVIES (Planning Director) and advertised, Mayor Cox opened the public This being the time Place as hearing , Principal Planner Lee submitted slides explaining that on April ll, 1984, the , Planning Commission considered the request to rezone the property located at 309 Sea Vale Street from R-1 (Single Family Residential) to R-3-P-13 (Multiple Family Residential) subject to a precise plan at the density of 13 dwelling units per acre. Also considered at the time was the rezonlng of the property located at 315 Sea Vale Street which was included in the request in order to create a logical zone bdundary. The applicant has submitted a preliminary plan for the development of the 0.94 acre parcel. The proposed development is a 12-unit condominium project consisting of t~o 6-unit structures. The failure to approve the request by the Planning Commission constituted a denial of the request; therefore, an appeal was filed for the matter to be considered by the City Council. After weighing all arguments presented by the residents and its own study of the request, the Planning Department is recommending the request be denied. City Council Meeting - 6 - May 15, 1984 Mr. Lee noted a letter just received from Judy Johnson, Woodbrtdge, Virginia, stating they are the owners of the property at 315 Sea Vale and object to the rezontng. This evening, a letter was received from Robert Brath stating he is a true owner of the property with escrow completed today. Speaking in favor of the request was Mr. David Davies, 132 East 28th Street, National City, who introduced Mr. Corey Breininger, 9535 Mission Gorge Rd, Suite "G", Santee, the architect. Mr. Bretninger showed slides noting the quality of the environment proposed; .the requirement of the architectural design; the sensitivity 'of the project to the neighborhood; the four buildings will be set back 100 feet from the street; it provides a landscaping buffer between the project and the residential area; landscaping is equivalent to two R-1 lots; the 24 parking spaces will not be seen from Sea Vale Street; the applicant has met with many of the residents in the area to explain the project. Mr. Lane Cole, Registered Engineer, 273 Coralwood Court, Chula Vista, noted the si'ides he gave to the Planning Department were not the ones being shown this evening. Mayor Cox asked Mr. Lee to get the proper slides for Mr. Cole's presentation. Mr. Cole reviewed and commented on the arguments submitted against the project stating the R-1 is an intrusion into the R-3 zone and not vice-versa. He noted the difference in the elevation; discussed the down-zoning in 1978 of the property which would have allowed 28 units and/or a cluster concept; the extensive landscaping proposed for the complex; it is a good buffer, the property should be developed to its highest and best use; the applicants will be preserving much of the vegetation; there will be no real increase in the traffic; there is no site distance problem coming up from Third Avenue to the project. Mr. Jim Federhart, 5252 Balboa, San Diego, Traffic Engineer for the past 35 years stated he studied the area and took a traffic count on April 6, noting 75 vehicles traveling Sea Vale in one hour's time this would amount to approximately 700 cars per day. Since 1980, only three accidents occured on this street and they have been single car accidents; a centerline stripe is proposed to be painted on Sea Vale; there is good site distance from Third Avenue to the project onto Sea Vale; the project will have no significant impact on the traffic. Mrs. Dorothy Davies, 309 Sea Vale, Chula Vista, stated she has lived there for 46 years and her property has always been considered a "buffer". She feels it is not intruding into the R-1 neighborhood since the project will have a "park" setting. Speaking in opposition were Stepehn Sokil, 282 Sea Vale Street, Mr. Newton Chaney, 292 Sea Vale, Carol Smith, 275 Sea Vale, Carole Williams, 299 Sea Vale, Susan Watry, 81 Second Avenue, Peter Watry, 81 Second Avenue, Arthur Harrington, 260 Sea Vale, Robert Bush, 235 Sea Vale, Donald Stell, 210 Sea Vale. City Council Meeting - 7 - May 15, 1984 In summary, their opposition was: 1. The project will downgrade the properties in the area. 2. It will have a "domino effect" because many of the vacant properties in the area will ~ant the same rezoning. 3. It is an R-1 neighborhood and the residents wish it to remain as such, 4. Growth is not necessarily progress. 5. It is a dangerous intersection - anyone coming up Third Avenue to make the left turn onto the property will face a traffic hazard. 6. Council should modify the General Plan for the density. 7. There is this "dangerous curve" going down to third avenue. 8. Over 100 people )lave signed the petition against the rezoning. 9. The people feel secure they are living in a single family residential area. 10. There have been as many near accidents occurring on this street which have not been reported to the police. ll. In 1972, Mr. Lane Cole, when he was the City's Public Works Director, tried to have Second Avenue developed as a four-lane thoroughfare. 12. Noted'the slide presentation showing the topography and elevation of the project. 13. Noted the Planning Department's efforts to rezone the properties several years ago, as a transitional neighborhood. 14. Noted the many times the City Council has supported the res(dents in the area in their concerns against rezoning and other developments occurring in the area. 15. Near accidents some of them )lave )lad in avoiding collis(ons with cars coming down at that intersect(on. 16. Noted the historical background of some of the homes in that area. 17. Children walking along this area will be faced with this additional traffic generated. 18. The contemporary Spanish architecture proposed is not in keeping with the character of the neighborhood. 19. Noted the comments were from concerned residents of the area and not "paid professionals". City Council Meeting - 8 - May 15, 1984 Mr. Ray Yoder,296 Sea Vale Street real estate broker, stated he lives in the area, has no financial interest and does support the rezontng. There being no further comments, either for or against, the public hearing was declared closed. Council discussion followed regarding the "domino effect"; the approval the rezoning would have on the area; consolidation of other lots for multiple family development; the proposal to put a stop sign on Sea Vale Street; concerns with down-grading the properties in 1976; the Planning Commission's 3-2 vote with two members absent; the concern with the density being allowed; concern with including the property at 315 Sea Vale since its location retains the R-1 atmosphere of the area. MSC (Cox/Malcolm) to refer this matter back to the Planning Commission to consider rezoning the property to R-3-P-13. Assistant City Attorney Gill stated.the Planning Commission has 40 days to report back to the City Council and at that time the ordinance to rezone the property will be put on the agenda. MSUC {Scott/Malcolm) for the Planning Con,hiss(on to consider deleting the R-3 parcel at the southern portion of the area (315 Sea Vale). MSUC {Malcolm/Cox) to refer the traffic problems to the Safety Commission for a report back at the same time this comes back to the City Council. MSUC (Cox/Moore) for the staff to look into the street lights on Sea Vale Street, curbs and sidewalks which may be in a state of repair. City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 4 2. Consideration of Final EIR-84-4 on Otay Electrical Generatin~ Plant A. BACKGROUND 1. A public hearing on the draft of this EIR was held on April 25, 1984. There were comments by the Planning Commission, by individuals present and there were written responses regarding the draft EIR submitted. Comments and questions by the Planning Commission and others in addition to the written comments received have been added to the EIR along with a response to each of these comments. 2. Consideration of the final EIR was scheduled for a future Planning Commission meeting after responses have been prepared. B. RECOMMENDATION Certify that EIR-84-2 has been prepared in compliance with the California Environmental Quality Act of 1970, the EIR guidelines and the Environmental Review Procedures of the City of Chula Vista, and that the Planning Commission will consider the information in the document as it reaches a decision on the project. C. DISCUSSION Consideration of the final EIR was set for this meeting so that the comments on the draft and the responses could be incorporated into the final EIR. This has now been accomplished and the document is ready for certification. WPC lO18P City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 5 3. PUBLIC HEARING: Conditional Use Permit PCC-84-2; request to establish an electrical ~eneratin~ plant within the Otay landfill '- Central Plants, Inc. A. BACKGROUND 1. Central Plants, Inc. a subsidiary of Pacific Lighting Corp., is requesting permission to establish an electrical generating plant which uses natural gases within the Otay Landfill property. 2. The Environmental Impact Report, EIR-84-4, prepared for this project is the preceding agenda item. B. RECOMMENDATION 1. Certify that EIR-84-4 has been prepared in accordance with the California Environmental Quality Act, the State EIR guidelines and the Environmental Review Procedures of the City of Chula Vista and that the Planning Commission has considered that information in reviewing the project. 2. Based on findings contained in Section "E" of this report, adopt a motion recommending that City Council approve the request, PCC-84-2, to establish an electrical generating plant within the Otay Landfill property. subject to the following conditions: a. A soils engineering investigation shall be conducted to determine both the stability of the existing cut slope south of the generating facility and the proposed cut slope to the north as well as the foundation characteristics of the soils underlying the proposed structure. b. The proposed structure shall be located on the westerly portion of the plant site to avoid construction over the non-active fault. c. The location of new utility poles shall be coordinated with the staged developme~plan for the landfill and positioned outside the perimeter of the active landfill. d. The facility shall utilize an above-ground collection system. e. A regular system of on-site periodic inspection and maintenance of all portions of the system shall continue for the life of the project. A copy of the inspection and maintenance program shall be submitted to the Environmental Review Coordinator prior to construction. A quarterly report shall also be submitted to the Environmental Review Coordinator. City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 6 f. The construction, operation and design of the wells and collection network shall require on-going close cooperation between the project engineers and the Herzog Contracting Company, operators of the landfill. It is recommended that the County of San Diego, as part of its responsibility in preparing the Otay Sanitary Landfill Staged Development Plan, periodically review this coordination and assure compatibility of the joint land uses. The applicant shall submit an annual report regarding this coordination to the Environmental Review Coordinator. g. Created slopes shall not exceed a ratio of 2 to 1. h. Gas ~ow control shall be established at the well heads. i. The plant structure shall be painted an earthtone color and all signs shall be subject to the approval of the Planning Director. j. There shall be no extraction of gases from the Class I landfill area. k. A permit must be obtained from the Air Pollution Control District and all performance standards of the City of Chula Vista satisfied. 1. The land use permit may be revoked by the City Council upon: (1) Any violation of these conditions. (2) Any violation of the City's adopted performance standards. (3) Failure to comply with any recommendations offered by the Planning Director resulting from data received in the quarterly reports. C. DISCUSSION 1. Existing site characteristics. The ap~icant intends to sub-lease 0.86 acres of land at the northeasterly corner of the Otay Sanitary Landfill. The site is located approximately three-quarters of a mile north of Otay Valley Road and immediately north of the current landfill operations on the property. The vacant site is located between two knolls with existing elevations ranging from 440 feet to 470 feet and has not been used for landfill operations. 3. Proposed use. The proposed project will consist of a gas (methane) collection system comprised of a series of gas wells (63) situated throughout the landfill which will be connected by a matrix of pipes leading to a main gas pipe that will transport the gas to the recovery facility (see locator). The gas is compressed for acceptance by engines. The engines will be coupled to generators which will generate electricity to be sold to San Diego Gas and City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 7 Electric. The facility will generate 1.6 megawatts of power initially and 6.6 megawatts in the future. The project will be phased; however, the initial construction will accommodate the ultimate expansion. The plant structure measuring 40'x226' and one story in height (25 feet) will house the engines, compressors, switch gear and maintenance area. The 145'x260' site (0.87 acres) will be enclosed by an 8-foot high chain link fence. The building will be constructed of sheet metal. The facility is designed to be unmanned and will be monitored by a computer system which is designed to back up the operation in the event of a general power failure. The facility will have an extensive automatic and manual cut-off system in the event of fire, earthquakes and other accidents. D. ANALYSIS The proposed facility is located 1/2 mile east of the nearest residential area and well away from other land uses and, therefore, should not adversely affect any existing land uses. The site is located in a very remote area of the City with extremely low visibility. The facility is designed to capture and use the natural gases generated by the landfill which presently escape into the atmosphere. For this reason, the proposed use would improve the air quality. Even though the facility will be unmanned it will be monitored by computers and there will be scheduled maintenance trips to the site. The safety shut-off system reduces the potential of fire or other hazards. E. FINDINGS 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the co~mnunity. The landfill generates gases which presently escape into the atmosphere. The proposed facility is designed to capture these gases for conversion into electrical energy. 2. That such use will not under the circumstances of the particular case, be detrimntal to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The extraction of methane will confine the gas to the site and reduce gas migration outside of the landfill boundaries. The site is removed from the existing residential areas and obscured from sight, therefore, those uses will not be adversely affected. City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 8 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed plant structure is subject to the requirements of the Uniform Building Code. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of this request will not affect the General Plan. WPC 0999P i I LOCATION City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 9 4. PUBLIC HEARING: Consideration of Draft EIR-84-6, Chula Vista Woods/Gardner Investment Properties A. BACKGROUND 1. In November, 1977, a final EIR (EIR-78-3) was certified by the Planning Commission which discussed a proposal to construct 54 single-family d~ellings on the subject 20-acre site. 2. In January, 1984, the Environmental Review Coordinator determined that a new EIR would be required to evaluate the current revised development proposal and to update information contained in EIR-78-3. ~even subject areas were identified as having potentially significant environmental impacts. 3. EIR-84-6 was then prepared under an agreement with Mooney-Lettieri and Associates, the project proponent, and the Environmental Review Coordinator. The ERC then issued the Draft EIR for review on May 7, 1984 IDraft EIR attached). 4. The proposed project involves a General Plan amendment, rezoning, precise plan and tentative subdivision map. 5. Various written comments have been received and they are attached to this report for your information. The document is being processed through the State Clearinghouse; however, no comments have been forwarded to the City. If comments are received prior to the hearing, they will be available at the meeting. B. RECOMMENDATION Open the public hearing and take testimony relative to the adequacy of the EIR. It is anticipated that a response to written and verbal comments will have to be prepared; therefore, the hearing should be closed and consideration of the final EIR set for June 27, 1984, when the General Plan amendment will be heard. C. PROJECT DESCRIPTION 1. The proposed project involves the following discretionary acts: (a) General Plan amendment from "Park-Open Space" for the westerly l0 acres of the 20-acre project site to "Medium Residential" (4-12 du's/ac); City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 10 {b) Rezoning of 20 acres from R-1-H (Single Family Residential subject to the hillside modifying district) to R-1-P (Single Family Residential subject to a precise plan); (c) Precise plan approval; and (d) Tentative subdivision map approval on 20 acres of vacant property located east of Greg Rogers Park and approximately 1400 feet south of East Naples Street. 2. The project will consist of the development of llO manufactured housing units on lll lots. Lot sizes will average 4,675 sq. ft. The smallest lot will be 3,500 sq. ft. and the largest 15,500 sq. ft. 3. The term "manufactured housing" refers to homes that will look like typical single-family homes but they are constructed offsite in a factory and transported to the property as the homes are sold to buyers. The garages, however, are built onsite and will be attached to the houses. The units will range from 864 sq. ft. to 1274 sq. ft. and sell from $70,000 to $80,000. 4. Access is proposed via a 1400 foot north/south street which runs adjacent to the easterly boundary of Greg Rogers Elementary School from East Napl es Street to the proposed subdivision. D. IMPACT ANALYSIS 1. Land Use The proposed land use change from a potential extension of Greg Rogers Park, which is the largest park in the City at 47 acres, to Single Family Residential (5.5 du's/ac) is not considered significant. Mitigation will include the guarantee of access to SDG&E for repair and maintenance within their transmission right-of-way and reviewing authority for any improvements within their right-of-way. 2. Geology/Soils The project site is characterized by alluvial and expansive soils. Mitigation will include the need for qualified geotechnical personnel to supervise grading operations and an additional geologic report to be prepared based on the final grading plan. 3. Drainage The proposed project is estimated to increase runoff by 15% over existing levels. The drainage basins are not large and conventional storm drain design is anticipated to reduce drainage impacts to a level of insignificance. City Planning Commission Agenda Items for Meeting of June 13, 1984 Page I1 4. Land form The proposed subdivision will be terraced down from the north to the south as the site presently slopes. Grading will involve approximately 140,000 cubic yards of balanced cut and fill and the use of crib walls at the northerly edge of the property. Mitigation will include emphasis on a landscape plan which encourages land form alterations to blend in with the natural landscape. 5. Biological resources The propery was first surveyed by Mr. R. Mitchel Beauchamp of Pacific Southwest Biological Services {PSBS) in 1977. That report has been updated by a biological reconnaissance performed by Wier Biological in April, 1904. The EIR incorporates a compilation of the two reports and finds that no highly sensitive animal species are expected to breed or reside on the site, although there are significant stands of several plant species which are of limited distribution in San Diego County. The most sensitive of these are primarily San Diego Ambrosia and Orcutt's Birds Beak which are found within the southwesterly portion of the site. The recommendation by Wier Biology, contained in the EIR, is that the habitat for these rare plant species should be preserved and that the subdivision should be redesigned to accommodate this by not grading in the areas of lots 47 through 51 and westerly lot III. An open space easement should be created within this area. Consideration was given to transplanting the species but this was considered a non-viable alternative to mitigate this impact based on the lack of success transplanting these species in other parts of the County. The EIR concludes that project implementation, as proposed by the developer, would result in a significant environmental impact, but with the proposed mitigation, biological impacts could be reduced to a level of insignificance. 6. Archaeology No archaeological resources occur on the project site; therefore, no mitigation is proposed. 7. Traffic circulation Traffic to and from the project along East Naples Street, east of Oleander, will increase from almost non-existent levels to approximately llO0 trips per day which is well under the design capacity for East Naples Street. Traffic levels on Oleander Avenue, north of East Naples Street will increase approximately 10% from 6500 ADT to 7323 ADT, but service levels at the intersection of Telegraph Canyon Road and Oleander Avenue will remain at A for the p.m. peak hour and be reduced from B to C for the a.m. peak hour. A significant impact is not anticipated; therefore, no mitigation is City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 12 recommended. The EIR does, however, recommend that a temporary easement be provided from Brandjavine Avenue (Medical Center Drive) for emergency vehicle access to the project site in case of a closure of the primary access road. 8. Noise The anticipated noise levels due to additional traffic on area streets was analyzed in the EIR. The level of increase is not anticipated to create any adverse environmental impacts; therefore, no mitigation is proposed. 9. Public services a. Sewers The project includes the installation of a sewer pump station which will enable project ~ows to be handled by the East Naples Street sewer system. Since this system is well below capacity, minimal project impacts are anticipated; therefore, no mitigation will be required. b. Fire protection No significant impacts are anticipated; therefore, no mitigation will be required. c. Law enforcement The potential for construction vandalism is discussed in the EIR and a recommendation has been made that 24 hour guards be posted to prevent vandalism during the construction stage. d. Water supply The attachment to the Otay Water District and the installation of an D-inch water main to the project will mitigate any adverse impacts. e. Schools The elementary and senior high school districts have indicated that developer fees will be required for the purchase of new and relocatable classroom buildings and that a citizens advisory committee, ~ssigned to make school assignments, will assure that adequate classroom space is available for students generated from the project. E. COMMENTS ON THE DP~AFT EIR Letters received from the Chairman of the Resource Conservation Commission (RCC), expressed on an individual basis, and Mr. R. Mitchel Beauchamp (Pacific Southwest Biological Services, Inc.) provided comments on the Draft EIR. Comments from the RCC members relate to the scope of the EIR and various sections of the EIR. Mr. Beauchamp has been retained by the developer to respond to the biological issues. Their comments are attached. WPC lO17P Mr. John Moy 29 May 1984 HCH & Associates 4877 Viewridge Avenue San Diego, CA 92123-1667 Dear John, I examined the Chula Vista Woods project on 22 May. A fire had occurred in the northern portion of the site, apparently el iminating the single shrub of Ambrosia chenopodilfolla. The western alluvial area, where the Ambrosia pemila occurs, is in a much more deteriorated condition than I recall from my 1977 site survey. Many more trails cross there and in other portions of the s~te. More non-native vegetation now occurs in this western area also. The Ambrosia pumlla population does occur to the north and south of the project slte, with about 60% of the population on the project site. As stated in our 1977 report, it is still my opinion that the population is hybrid in origin. The parential stock appears to be A. puml la and A. psi Iostachya var. californlca. This is not discussed in the EIR. Ambrosia pumila is known from the fol lowing locations in California: Devenberg property, Bonsall; South of Junipero Serra Road at Padre Dam; State High~ay 125 reserved right-of-way in Spring Valley; three populations at the South Bay Plaza in National City; an open space site on a residential development now under construction along Spring Valley Creek Gorge; a ridge along the 230Kv line north of Telegraph Canyon; and the Chula Vista Woods populatlon. Because of the habit of the plant to persist in disturbed areas, I would speculate that additional sites still remain in the Bostonia and Santee areas, tn most cases, the plants occur in alluvial soils. The Dicranostegla orcuttlana (Cordylanthus o.) population on-site seems to have dimlnlshed since my 1977 survey. This Is not unexpected due to its annual habit and the depressed rainfall this past season. As I stated in my 1977 report, this population and one In the Tijuana Hills, are the only ones known on this side of the international boundary. The population is significant mostly from an academic point of view. It is frequent in Baja California, occurring to rnid-penlnsula. Page Two Chula Vista Woods Biological Response I do not agree with the statement in the EtR that a transplanting alternative Is not viable to mitigate what is presented as a significant impact. The truth of the matter is that Mr. Wier failed to successfully transplant the Ambrosia because he abandoned the plants he had salvaged in 1981 when he attempted to operate his own consulting business. Also those plants which were relocated ~t the GII lesple Field site were subjected to a weed abatement program about the runway. With tills level of effort, I hardly believe a statement can be made as to transplanting being inviable. I have observed the plant's being established in a garden in National City. Once established, the plant behaves in a rather aggressive fashion, like other members of its genus. I would propose that transplantation is viable, it can be achieved by ln-situ removal of the plants, recontourlng of the site and replacement of alluvial soil. This can be achieved In the back, western portion of lots 51, 50, 49, and 48. There Is still a need for an open space easement, but one with the eastern boundary set mid-way in these lots and fenced. The easement shoul~ not be landscaped and It would require management for a few years to hold down weed competition until the Ambrosla stolons were established. The Dicranoste§ia could also be established, but on a more sloping site In the easement. This would be done by seed propagation, since the plant appears to have an annual habit. I would also recommend salvage of the Ferocactus. These are in demand for revegetation In the Tijuana Slough National Wildlife Refuge currently. I bel ieve this response will allow the City of Chula Vista to determine that, with a minor redesign of the open space easement, the project can be built without significant biological impacts. Sincerely, Pacific Southwest Biological Services, Inc. Post Office Box 985 National City, Cai Ifornla 92050 (619) 477-5333 ~ay 29, 19~4 TO: Duane E. Bazzel, Assistant Planner ttarry K. Griffin, Chairman, Resource Conservation Commission In reponse to your conm~unication of May 10, 1984, regarding the draft Environmental Impact Report on tile proposed Chula Vista Woods Subdivision, EIR-84-6, the following comments are submitted. Please note that these are my individual comments and are not necessarily those of the Resource Conservation Commission since the EIR was not received in time for consideration at a scheduled Commission meeting. 1. General The EIR is inadequate in that it fails to give due consideration to the future development of adjacent properties. Lvaluation of various environmental impacts have only considered this project in isolation rather than as the initial development in a much larger area similarly planned for residential use. 2. Biological Impacts The classification of certain species of wild plants as "endangered" appears to be a local phenomenon since such plants are "quite common" elsewhere. Also, experience shows that new residential areas, within a few years of development, again support a wide variety of flora and fauna, thus the impacts are largely temporary rather than permanent. 3. Traffic Circulation This is the prime example of inadequate evaluation of development in the project vicinity. The use of Oleander Avenue as principal access to Telegraph Canyon Road and 1-805 may be satisfactory for this project alone, but development of the area north and east of the project at similar density might soon overload Oleander Avenue between East Naples and Telegraph Canyon Road. This section of Oleander Avenue is winding, hilly and purely residential and ~ts use as a collector road at increased levels would seriously impact on adjacent properties. Page 1 Chula Vista Woods Subdivision, EIR-84-6 Further, the exi~;tence of the SDC~t! easement with installed transmission lines creates the possibility of complete blockage of the single access road. The suggestion for an emergency access to the project area from Brandywine Avenue is a minimal but inadequate solution. A permanent road from the east end of the project to Brandywine Avenue should be required. 4. Landform The effect of the proposed extensive landform changes with respect to probable development of adjacent properties should be considered in the EIR. The initial developer in this area should not be allowed to restrict or adversely affect developers of adjacent properties. Page 2 City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 13 5. PUBLIC HEARING: Variance ZAV-84-12; request to reduce the minimum lot size from 7,000 sq. ft. to 6,200 sq. ft. to create two lots at 881 First Avenue - Robert DeFor~e A. BACKGROUND 1. The applicant is requesting a reduction in the minimum lot size from 7,000 sq. ft. to 6,200 sq. ft. in order to divide an existing lot located at 851 First Avenue in the R-1 zone into two lots. 2. The project is exempt from environmental review as a Class 3(a) exempti on. B. RECOMMENDAT ION Adopt a motion to deny the request. C. DISCUSSION 1. Adjacent zoning and land use. The surrounding properties are zoned R-1 and developed with single family dwel 1 ings. 2. Existing site characteristics. The subject property is a 75' x 200' Il5,000 sq. ft.) parcel located on the east side of First Avenue and 60 feet north of "L" Street. The parcel is developed with a single family dwelling with an attached two-car garage located on the south side. The house sits back 30 feet from the front property line. The property slopes up from the street with the rear portion of the lot being approximately 15 feet higher in elevation. A retaining wall separates the rear portion of the lot from the front. There is an existing unimproved alley (22 feet wide) which serves the properties to the north and terminates near the northerly property line of the subject property, but does not physically touch the property. 3. Proposed request. The applicant intends to divide the property into two lots with the rear lot receiving access across the front lot via a 20-foot easement along the southerly property line. The existing garage would be removed to make room for the access drive and a new garage constructed behind the existing residence. The front lot would have a lot depth of lll feet and a net area of 6,105 sq. ft. The rear lot would have a lot depth of 89 feet and a net area of 6,280 sq. ft. The 20-foot road easement and the required guest parking space on the rear lot would total 2,607 sq. ft. City Planning Commission Agenda Items for Meeting of June 13, 1984 Page 14 4. Lot sizes. The lot sizes of the adjacent lots are as follows: North 875 First 9,250 sq. ft. South 889 First & 89 "L" 8,250 sq. ft. and 9,250 sq. ft. East 880 Country Club 17,250 sq. ft. West 872 First & 103 "L" 13,600 sq. ft. and 7,600 sq. ft. The other lots on the east side of First Avenue range from 9,750 sq. ft. to lO,O00 sq. ft. Other lots on Country Club Drive are also very large being on an average of 14,000 to 15,000 sq. ft. in size. D. ANALYSIS A1 though the subject property does not abut the alley, it may be possible to obtain an easement from the adjacent property to the north providing the rear lot to gain access from the alley instead of across the front of the lot. The alley access would permit each lot to have a net area of over 7,000 sq. ft. Gaining access from the alley would require that the alley be improved which would be cost prohibitive unless other property owners were to pay a proportionate share. This could be accomplished by a 1911 Act to improve the alley. The fact that access from the alley instead of across the property would be an economic burden is not justification for granting the request. As indicated earlier, the majority of the properties in the immediate vicinity have lot sizes much greater than 7,000 sq. ft. and are in the lO,O00 sq. ft. range. Therefore, granting this request would not be for the purpose of allowing the applicant parity with the neighbors. (One letter of opposition has been received by the Planning Department.) The subject property is rectangular and the topography is not severe; therefore, the shape and physical characteristics of the property do not present hardship. Based on the aforementioned the staff recommends that the request be denied. E. FINDINGS 1. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical dtfficultles in developing the property for the needs of the owner consistent with the regulations of the zone; but in tbs context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits. The subject property is rectangular and does not possess any unusual physical constraints, thus a hardship does not exist to grant the request. While there may be an economic burden, this too is not grounds for approval of a variance. City Planning Commission Agenda Items for ~eting of June 13, 1984 Page 15 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. The majority of the properties in the area have lot sizes in excess of 7,000 sq. ft.; therefore, approval of this request would constitute granting the applicant a special privilege not enjoyed by the neighbors. 3. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of ths chapter or the public interest. The granting of this request will not be detrimental to the adjacent properties. 4. That the authorizing of such variance will not adversely affect the General Plan of U)e City or the adopted plan of any governmental agency. The General Plan will not be affected by the granting of this request. WPC 0981P/O426P -ri "K"' STRE E T ~ , I ~ ~ I ~./ / _____ .., - , / I I SAN MIGUEL I -- ~' rtl SIERRA SIERRA WAY ~ ~ PALOMAR sFI S~ I' 5F I City Planning Commission Agenda Items for Meeting of June 13, 1983 Page 16 6. PUBLIC HEARING: PCS-84-2 - Consideration of tentative subdivision map for Georgian Condominiums, Chula Vista Tract 84-2 Georgian Investors, Ltd. A. BACKGROUND 1. The applicant has submitted a tentative subdivision map known as Georgian Condominiums, Chula Vista Tract 84-2, in order to convert an existing 35-unit apartment complex on 1.08 acres located at 433 "D" Street in the R-3 zone into a one-lot condominium project. 2. The project is exempt from environmental review as a Class l(k) exemption. B. RECOMMENDATION Based on the findings contained in Section "E" of this report, adopt a motion recommending that the City Council approve the tentative subdivision map for Georgian Condominiums, Chula Vista Tract 84-2, subject to the following conditions: 1. The owner shall install a street light l0 feet west of the east entrance drive. (Revise tentative map.) 2. The entrance driveway approaches shall be widened to a minimum of 18 feet. (Revise tentative map.) 3. The developer shall enter into a subdivision improvement agreement with the City wherein all public improvements shall be completed within one year. 4. All vehicular access and parking areas shall be constructed in accordance with the City's subdivision manual. Paved areas shall be designed based on the "R" value method with a minimum traffic index of 4. The Engineering Department will inspect all paved areas for conformance with structural section requirements. Said structural street sections shall be approved by the City Engineer. An inspection deposit will be required with full inspection costs to be paid by the developer in accordance with City policy. 5. All exterior building alterations and site plan revisions indicated on the plans approved by Design Review Committee shall be completed prior to or concurrent with the recordation of the subdivision map. City Planning Commission Agenda Items for Meeting of June 13, 1983 Page 17 C. DISCUSSION 1. Adjacent zoning and land use. North R-3 Duplex South R-1 Single family dwellings East R-3 Apartments & single family dwelling West R-3 Apartments & duplex 2. Existing site characteristics. The project site is a relatively level 47,045 sq. ft. (165' x 293') parcel located on the north side of "D" Street and 290 feet west of Fourth Avenue. The rear (north) of the property ranges from 3 to 8 feet lower in elevation than the front. The site is developed with a two-story 35-unit apartment complex constructed in 1967. There are 4 three-bedroom, 22 two-bedroom and 9 one-bedroom units housed in three residential structures. There are 59 parking spaces located on-site, 35 of which are carports and 24 open spaces. Access is provided by two existing driveways. 3. Design Review Committee Since the apartments were constructed prior to the requirement of site plan and architectural approval, the project requires Design Review Committee review and approval. In Decen~aer 1982 the applicant submitted an application for design review. The applicant proposed the following: l) the exterior was to be remodeled and repainted; 2) private open space areas (patios and balconies) and storage were to be added to meet the requirements of the Code for condominiums; and 3) the parking was to be increased through the use of compact spaces. The Committee approved the changes to the project. D. ANALYSIS The development meets the requirements of the Code for condominiums with the exception of the percentage of compact spaces (15% versus 10%) and interior driveway widths (14 and 15 feet versus 18 feet). Each of those will require a waiver on the part of the City Council. The applicant is proposing to restripe the parking in order to achieve the required off-street parking. The restriping would result in l0 compact spaces whereas the Code allows 6 spaces. The staff is of the opinion that the increase in compact spaces is insignificant and recommends approval. The interior driveways pass under the second floor of the front building and widening would require extensive remodeling. The applicant proposes to widen the driveways on both sides of the building as well as the driveway approaches; therefore, the only restricted areas would be under the building. This distance is 45 feet. The 14 and 15 foot width requires two approaching cars to stop and allow one to pass before proceeding. City Planning Commission Agenda Items for Meeting of June 20, 1983 Page 18 THe building setback in front is 20 feet with an additional 12-foot wide parkway. The 20-foot setback allows a car to wait in the setback area without overhanging the sidewalk. On the interior there is no public conflict. Since this condition presently exists and has been functioning without any apparent problems, the staff also supports the waiver of the required driveway width. The staff also believes that the sale of the units as condominiums versus renting should not be a factor. E. FINDINGS 1. The site is physically suitable for the residential development and the proposal conforms to all standards established by the City for such projects. 2. The design of the subdivision will not affect the existing improvements--streets, sewers, etc.--which have been desigeed to avoid any serious problems. 3. The project is in substantial conformance with the Chula Vista General Plan Elements as follows: a. Land Use - The proposed development at 28 DU's/gross acre is consistent with the land use designation of high density residential at 13 to 26 DU's/gross acre. b. Circulation - The project will be served by existing streets and no streets are required across the site. c. Housing - The project will provide additional home ownership opportunity for the residents of the community. d. Conservation - The site is located witbin the urbanized area of tbe City and there are no significant animal or plant species on the property. e. Park and Recreation, Open Space - The developer is required to pay the Residential Construction Tax {RCT) of $13,875.00 for the 35 units. (The project is exempt from the Park Acquisition and Development Fee since it is over 5 years old. ) f. Seismic Safety - The property is not near any known earthquake faul ts. g. Safety - The site is well within the response time of the fire station located on "F" Street. h. Noise - The units meet the requirements of the U.B.C. i. Scenic Highway - The site is not adjacent to a designated scenic route. City Planning Commission Agenda Items for Meeting of June 13, 1983 Page 19 j. Bicycle Routes - Tile adjacent streets are not designated bike routes but will accommodate bike traffic. k. Public Buildings No public buildings are proposed on the subject property. 4. Pursuant to Section 66412.2 of the Subdivision Map Act, the Commission certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. WPC 0990P/OO14Z ~ I r ........ ~ I I I ~ T~ I -I L · I I CASSELMAN IH~ .... L w ~ I~E I ITl= -T--T- I II I I " STREE ST.