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HomeMy WebLinkAboutPlanning Comm Reports/1985/05/08 AGENDA City Planning Commission Chula Vista, California Wednesday, May 8, 1985 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER INTRODUCTORY REMARKS ORAL COMr~UNICATIONS 1. PUBLIC HEARING: GPA-85-1, Consideration of proposed General Plan Amendment for the redesignation of 2.09 acres at 176 Otay Lakes Road - Kinder Care Learning Centers, Inc. 2. PUBLIC HEARING: PCZ-85-C, Consideration to rezone 2.09 acres at 176 Otay Lakes Road - Kinder Care Learning Centers, Inc. 3. PUBLIC HEARING: Conditional Use Permit PCC-85-19: Requests permission to expand existing pre-school at 471 'E' Street - Cottontail Pre-School PUBLIC HEARING: Consideration of tentative subdivision map for Park Way Place Townhomes, Chula Vista Tract 85-8, 364/368 Park Way - Thom L. Sanders Associates 5. PUBLIC HEARING: PCM-85-12: Consideration of revocation of home occupation permit for 558 Berland Way - David Bertrand DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT to the Study Session Meeting of May 15, 1985 at 5:00 p.m. in Conference Rooms #2 & 3 TO: City Planning Commission FROM: George Krempl, Director of Planning SUBJECT: Staff Report on Agenda Items for Planning Commission Meeting of May 8, 1985 1. PUBLIC HEARING: GPA-85-1, Proposed redesignation of 2.09 acres at 176 Otay Lakes Road from "Low Density Residential" to "Retail Commercial" and "Professional and Admn~strat~ve Commercial on the plan d~agram of thu Land Use Element of the Chula Vista General Plan A. BACKGROUND The applicants are the owners and purchasers of a two-acre site, located on the westerly side of Otay Lakes Road, between Bonita Road and Allen School Lane. They propose the redesignation of this site from "Low Density Residential" (1 to 3 dwelling units per gross acre) to "Retail Commercial" and "Professional and Administrative Commercial" on the plan diagram of the Land Use Element of the Chula Vista General Plan, as indicated on attached Exhibit A. On June 27, 1984, the Planning Commission by a 3-3 vote failed to approve GPA-84-6, a proposal to redesignate the subject lands "Retail Commercial" and "High Density Residential." A motion made at the same meeting, to redesignate the lands "Retail Commercial" and "Medium Density Residential," failed for the lack of a second. The present proposal constitutes a new application. The applicants for the proposed amendment have also filed a companion case, a request to rezone the site from "A-D" (Agricultural Zone) to "C-C-P" (Central Commercial Zone) and "C-O-P" (Administrative and Professional Office Zone). It is the intent of the purchasers of the southerly portion of the real property to establish a day care center on their holdings. B. ENVIRONMENTAL REVIEW An Initial Study, IS-85-25, of possible adverse environmental impacts of GPA-84-6 was conducted by the Environmental Review Coordinator on March 25, 1985. The Environmental Review Coordinator concluded that there would be no significant environmental effects, and recommended that the Negative Declaration be adopted. C. RECOMMENDATION 1. Find that this project will have no significant environmental impacts, and adopt the Negative Declaration IS-85-25. 2. Adopt a motion to redesignate the subject site from "Low Density Residential" to "Medium Density Residential" on the plan diagram of the Chula Vista General Plan. City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 2 D. BASIC INFORMATION 1. Subject Property The subject site presently accommodates five, older single-family dwellings; riding stables; a storage shed; and a large, gambrel- roofed "red barn," which houses a livestock-feed sales business. 2. Adjacent general plan designations (see Exhibit A). North: Retail commercial South: Low Density Residential (1-3 DU/AC) East: Low Density (1-3 DU/AC), Medium Density (4-12 DU/AC), and High Density (13-26 DU/AC) residential designations West: Low Density Residential (1-3 DU/AC) 3. Adjacent zoning and land use (see Exhibit B). North: C-C-D - "Bonita Centre" Shopping Centre South: R-R-1 - SDG&E electric substation and single family (County) dwell ings East: R-3-P-8 Vacant (Proposed Condos) R-2-20-D - Single Family Dwellings R-E Single Family Dwellings West: R-R-1 Single Family Dwellings ( County ) E. ANALYSIS 1. The involved site is situated along Otay Lakes Road, and located between the commercial development on Bonita Road and the SDG&E substation at the northwesterly corner of Otay Lakes Road and Allen School Lane. The site is an integral part of the Otay Lakes Road/Allen School Road low-density residential area. 2. While the City Planning Department, under the prior application for the amendment of the General Plan, GPA-84-6, recommended that the northerly one-half acre of the site in question be redesignated "Retail Commercial," and that the balance thereof be redesignated "High Density Residential," it no longer believes that this position is defensible. The Department, after further study and additional research, is of the opinion that the topographic differential between the subject site and the territory to the west lacks the magnitude required to justify the proposed amendment to the General Plan map. City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 3 In short, the physical isolation of the subject site from adjoining lands is not sufficiently pronounced to preclude the land-use friction which could result from the location of commercial uses in juxtoposition to low-density residential housing. It should also be noted that the residents of the involved area consider the subject site as an integral part of the Bonita Communi ty' s resi denti al fabric. 3. Although it might be reasonably alleged that the subject parcel is partially developed with retail commercial uses, and that the expansion of commercial activity to the balance of its two acres would not constitute a material change in the character of the Otay Lakes Road/Allen School Lane area, the nature of the site's existing use strongly refutes these allegations. The retail feed business and commercial stables on the premises are decidedly rural in character and purpose, and do not constitute a base for urban-commercial expansion. 4. The proposed General Plan Amendment would spread the Bonita Road "commercial strip" about 550' along Otay Lakes Road. This commercial extension is not supported by a documented or demonstrated need for additional commercial acreage within the Bonita Community, or by a market analysis submitted by the applicant. 5. While the Planning Department does not believe that the subject site's topography, relative isolation, arterial frontage, and adjacency to the Bonita Road commercial strip are of sufficient magnitude to support its redesignation from "Low Density Residential" to "Retail Commercial" and "Professional and Administrative Commercial," it believes that these factors would support the site's redesi gnati on to "Medium Density Resi denti al." The redesignation of the entire parcel of land to "Medium Density Residential," and the subsequent rezoning of the southerly part thereof to "R-3-P-12" or "R-3-L" (Maximum 12 dwelling units per net acre) would provide the purchasers with the opportunity to establish the proposed day care center through the conditional use permit process. The proposed redesignation would not preclude the continuing operation of the feed business in the red barn on the northerly part of the premises. E. CONCLUSION The proposed General Plan Amendment is not supported by the land-use pattern or geography of the subject area, or by the commercial needs of the City of Chula Vista or its Bonita Community. WPC 1589P · ' .. ', '.'. -.. .. '..: ~.~ :.' a.~ Il ~. r - '~ · ,-, ,--, ', - ... · pROPOSE? ' Proposed Pro- · . .. . fessional and '' .. · ativ. e '. '. ' :~/;. Admini. str · · .' · ' Cemetery x~' . ' GENERAL PLAN LEGEND EXHIBIT A ~ Low Density Residential General Plan Amendment GPA-85-1 ~ Hed. Density Residential Existin9 General Plan Designations Proposed redesignation of approximatel ~ High Density Residential 2 acres from "Low Density Residential" to "Retail Commercial" and "Pro- ~ Visitor Commercial fessional and Administrative Retail Commercial 'al ~ Parks & Public Open Space ~ E1 Rancho del Rey Specific Plan SERVICE \STATION \ ~ O~ VAC. ~ ~ SFD. I ~ ~ Calle ~es~ta SFO ~ EXHIBIT B Gene~al Plan ~endmen~ GPA-85-1 Adfiacent Zon~n~ & Land Use P~oposed ~edes~gna~on of approximately ~ 2 ac~es f~om "Lo~ Density Ees~den[~al"" SFO tO "Retail Commercial" and "Pro- fessional and Administrative ~L~ sc~oo~ Commerci al." 0 ~oo' Z~' ~ North negative declaration - PROJECT NAME: Kinder Care Learning Center General Plan Amendment PROJECT LOCATION: On the west side of Otay Lakes Road between Bonita Road and Allen School Lane PROJECT APPLICANT: Kinder Care Learning Centers, Inc. 160 Newport Center Drive, Suite 200 Newport Beach, CA 92660 CASE NO: ~IS-85-25 DATE: March 25, 1985 A. Project Setting The project is located on the west side of Otay Lakes Road just to the north of the San Diego Gas & Electric Company substation at the corner of Allen School Lane and Otay Lakes Road. This area is lower in elevation than the surrounding terrain and is likely the site of deposits from erosion upstream; therefore, it is probable that the property contains expansive soils. The property currently contains a residential use, horse corrals, and the retail sales of hay and equestrian-oriented products. Adjoining land uses include a shopping center to the north of the property, single-family residential uses to the west of the site, other residential uses across Otay Lakes Road to the east of the property, and the San Diego Gas & Electric substation just to the south of the site. Otay Lakes Road adjacent to this property currently has an average daily traffic of just under 18,000 which provides an estimated level of service of C/D. The existing on-site drainage facilities are minor and are not adequate to serve the project. The Lawrence, Fogg, Florer and Smith study of drainage in the Chula Vista area indicates that under a developed condition, 747 cubic feet of water per second would enter the property from the south. The same volume of water would be discharged to the north of the project site into the Sweetwater Flood Plain. The current General Plan designation of the property is low density residential. Otay Lakes Road adjoining the site is designated as a scenic highway in the Scenic Route Element of the General Plan. B. Project Description The project consists of a change in the land use element of the General Plan for 2.09 acres from "low density residential" to 1.36 acres of "professional and administrative offices" and 0.73 acres of "retail commercial". A comparison rezoning request from A-D (agriculture) to C-C city of chula vista planning department environmental review section (central commercial, 1.36 acres) and C-O (commercial office, 0.?3 acres). In addition, the project involves the construction and operation of a child care facility for up to 204 children ranging in age from 2 years to 12 years. To implement the project, a substantial amount of fill material would be placed on the site. The amount will be determined with submittal of detailed grading plans at a later date. C. Compatibility with Zoning and Plans This project involves an amendment to the Land Use Element of the General Plan of the City of Chula Vista to permit the proposed uses in addition to a companion change in zoning. Plans would also have to be reviewed for conformance to the Scenic Highways Element of the General Plan and the Noise Element of the Chula Vista General Plan. D. Identification of Environmental Effects 1. Soils Standard development regulations through the building permit process will identify the extent of any adverse soils conditions on the property and what measures are necessary to avoid any significant impacts. Considering this factor along with the anticipated fill which will be placed on the property, no substantial and adverse environmental impacts are anticipated. 2. Noise The proposed child care center is designed with the main outdoor children's play are at the southerly end of the property and the main care facility approximately 21 feet from the westerly property line. Although floor plans have not been submitted with the applicant's request, an effort should be made to minimize building openings on the westerly side of the proposed structure to reduce impacts on property located above to the west. Noise levels occurring due to children playing on the premises are considered nuisance noises and not environmental noises (as defined in Section 19.68, Performance Standards and Noise Control, City of Chula Vista Municipal Code). These impacts are not anticipated to be significant environmental impacts, but rather issues that should be dealt with through the City's land use approval process to determine compatibility with adjacent uses. 3. Aesthetics Site plan and architectural review of the proposed project by the Zoning Administrator or Design Review Committee will assure conformance with the Scenic Highways Element of the General Plan. 4. Traffic It is anticipated that the project will add approximately 448 trips to the existing traffic volumes on Otay Lakes Road elevating it to about 18,370 ADT. The existing C/D level of service on Otay Lakes Road will remain C/D, which is adequate for this type of street. E. Findings of Insignificant Impact 1. The project site is currently used for various land uses including residential and equestrian-oriented commercial and, therefore, there are no rare or endangered plant species present and any archaeological sites would have previously been destroyed. There are no geological hazards present on or near the property and the potentially unsuitable soil characteristics can be treated during grading of the property. 2. The project involves an amendment to the Land Use Element of the Chula Vista General Plan and the zoning of the property. If these amendments are implemented, the project will be in conformance with the General Plan. Review of the site plan and architecture for the project and implementation of standard building permit requirements will assure conformance wi th the Scenic Highways and Noise Element of the General Plan. The project is, therefore, not anticipated to achieve any short term goals to the disadvantage of long term environmental goals. 3. The project will not increase the traffic volumes on Otay Lakes Road to substantially lower its existing level of service. Drainage studies in the project vicinity indicate that given the soil conditions, development of the property would not increase runoff from the property. During the review of building permit applications, details of on-site drainage facilities will be reviewed to assure that any runoff is carried to appropriate facilities. 4. The project will not create any source of environmental noise, air contaminants, or other emissions which would adversely impact human beings. F. Consultation 1. Individuals and Organizations City of Chula Vista: Mando Liuag, Associate Planner Roger Daoust, Senior Civil Engineer Duane Bazzel, Assistant Planner Tom Dyke, Building and Housing Department Ted Monsell, Fire Marshal Chuck Glass, Traffic Engineer Applicant's Agent: Norman G. Williams 2. Documents IS-84-28, Bonita Villa Condos IS-85-26, Daybridge Learning Center Chapter 19.80, City of Chula Vista Municipal Code Scenic Routes Noise Elements, City of Chula Vista General Plan The Initial Study application and evaluation forms documenting.the findings of no significant impact are on file and available for public review at the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ENVIRONMENTAL REViEW/COORDINATOR WPC 1812P EN 6 (Rev. 12/82) city of chula vista planning department ~ environmental review section City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 1 2. PUBLIC HEARING: PCZ-85-C - Consideration to rezone 2.09 acres at 176 Otas Lakes Road from A-D to C-C-P and C-O-P - Kinde, Care Learning Center, Inc. A. BACKGROUND 1. This item involves a request for rezoning of 2.09 acres located at 176 Otay Lakes Road from A-D (Agriculture) to C-C-P (Central Commercial) on the northerly 0.73 acres and C-O-P (Commercial Office) on the southerly 1.36 acres. The applicant has filed a companion request to amend the General Plan from "Low Density Residential" to "Retail Commercial" and "Professional and Administrative Commercial." 2. An Initial Study, IS-85-25 of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on March 25, 1985, 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-85-25. 2. Adopt a motion recommending that the City Council enact an ordinance to change the zone on 2.09 acres of property located at 176 Otay Lakes Road from A-D to R-3-P-8 as shown on Exhibit A. C. DISCUSSION Adjacent zoning and land use. North C-C-D Shopping Center South R-R-1 {County) SDG&E substation and single family dwellings East R-3-P-8 Vacant (proposed) condos) R-2-20-D Single family dwellings R-E Single family dwellings West R-R-1 (County) Single family dwellings Existing site characteristics. The 2.09 acres in question are located on the westerly side of Otay Lakes Road, between the commercial development on Bonita Road and the SDG&E substation at the northwesterly corner of Otay Lakes Road and Allen School Lane. The site is lower in elevation than surrounding property and presently accommodates a retail feed-sales establishment, horse corrals and older residential structures. City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 2 D. ANALYSIS 1. It is the intent of the applicant to establish a day care center on the southerly 1.36 acres proposed for commercial office zoning. No plans have been submitted for the day care center or for the northerly 0.73 acres proposed for retail commercial zoning. 2. Staff originally recommended that the easterly extension of the Bonita commercial area be halted at Otay Lakes Road. However, commercial zoning was extended for the Bonita Centre East commercial project. The present proposal to expand commercial zoning some 500 feet to the south fails to provide any demonstrated or documented need for additional commercial territory within the Bonita community. 3. It might be argued that rezoning the parcel would be consistent with its present commercial usage. The existing uses and structures on site, however, are rural in nature and appearance, and consistent with the equestrian orientation of the Bonita Valley. Expanding office and retail commercial enterprises on the property would represent a definite departure from its existing character. 4. Although there is a topographic separation of this parcel from surrounding properties, it is of much less magnitude than that which separates residential areas from the Bonita Road Commercial strip. Low density estate-type housing abuts the property's westerly boundary and could be adversely impacted by commercial development of the site. Access to several of the residential lots to the west is provided through the proposed rezoning area. 5. While we believe the parcel's topography and adjacency to the Bonita Road commercial strip do not support the request for commercial zoning, these factors, along with the site's arterial frontage on Otay Lakes Road, would support residential development at a density greater than surrounding areas. In the companion staff report on the applicant's request for a General Plan Amendment {GAP-85-1) we have recommended that the parcel be redesignated from "Low Density Residential" (1-3 du/ac) to "Medium Density Residential" {4-12 du/ac). If this recommendation is adopted by the Commission, then the southerly 1.36 acres of the property could be rezoned to a low intensity multiple family density which would be compatible with adjacent areas, and which would also provide the applicant the opportunity to subsequently apply for the establishment of the child day care center by way of the conditional use permit process provided for under the R-3 zone. The rezoning would not impact the continuing operation of the feed business under the existing A-D zone on the northerly 0.73 acre portion of the property. Should the applicant not be successful in securing a Conditional Use Permit for a day care center, the property could be developed at a medium residential density. In order to maintain consistency with the adjacent R-3 zoned area across Otay Lakes Road, the density should be limited to 8 du's per acre. WPC 1877P \ x.~ OY'. . VAC. \ SFO. sro ~ezone from AREA ~c. Cal le Mes' / SFO \ STATION . vAc. SFO \ SFO. PROPOSED ZON~ CHANGE A~D to C-C-P~, -- X, pRopOsED'. '1 gONE CHAN_ v~' I / SFO /'~ [Kinder Care Learning'Cenfe'r Fc . ~,L.Jf~O~-TH ~ negative declaration PROJECT NAME: Kinder Care Learning Center General Plan Amendment PROJECT LOCATION: On the west side of Otay Lakes Road between Bonita Road and Allen School Lane PROJECT APPLICANT: Kinder Care Learning Centers, Inc. 160 Newport Center Drive, Suite 200 Newport Beach, CA 92660 CASE NO: IS-85-25 DATE: March 25, 1985 A. Project Setting The project is located on the west side of Otay Lakes Road just to the north of the San Diego Gas & Electric Company substation at the corner of Allen School Lane and Otay Lakes Road. This area is lower in elevation than the surrounding terrain and is likely the site of deposits from erosion upstream; therefore, it is probable that the property contains expansive soils. The property currently contains a residential use, horse corrals, and the retail sales of hay and equestrian-oriented products. Adjoining land uses include a shopping center to the north of the property, single-family residential uses to the west of the site, other residential uses across Otay Lakes Road to the east of the property, and the San Diego Gas & Electric substation just to the south of the site. Otay Lakes Road adjacent to this property currently has an average daily traffic of just under 18,000 which provides an estimated level of service of C/D. The existing on-site drainage facilities are minor and are not adequate to serve the project. The Lawrence, Fogg, Florer and Smith study of drainage in the Chula Vista area indicates that under a developed condition, 747 cubic feet of water per second would enter the property from the south. The same volume of water would be 'discharged to the north of the project site into the Sweetwater Flood Plain. The current General Plan designation of the property is low density residential. Otay Lakes Road adjoining the site is designated as a scenic highway in the Scenic Route Element of the General Plan. B. Project Description The project consists of a change in the land use element of the General Plan for 2.09 acres from "low density residential" to 1.36 acres of "professional and administrative offices" and 0.73 acres of "retail commercial". A comparison rezoning request from A-D (agriculture) to C-C city of chula vista planning department environmental review section (central commercial, 1.36 acres) and C-O (commercial office, 0.73 acres). In addition, the project involves the construction and operation of a child care facility for up to 204 children ranging in age from 2 years to 12 years. To implement the project, a substantial amount of fill material would be placed on the site. The amount will be determined with submittal of detailed grading plans at a later date. C. Compatibility with Zonin~ and Plans This project involves an amendment to the Land Use Element of the General Plan of the City of Chula Vista to permit the proposed uses in addition to a companion change in zoning. Plans would also have to be reviewed for conformance to the Scenic Highways Element of the General Plan and the Noise Element of the Chula Vista General Plan. D. Identification of Environmental Effects 1. Soils Standard development regulations through the building permit process will identify the extent of any adverse soils conditions on the property and what measures are necessary to avoid any significant impacts. Considering this factor along with the anticipated fill which will be placed on the property, no substantial and adverse environmental impacts are anticipated. 2. Noise The proposed child care center is designed with the main outdoor children's play are at the southerly end of the property and the main care facility approximately 21 feet from the westerly property line. Although floor plans have not been submitted with the applicant's request, an effort should be made to minimize building openings on the westerly side of the proposed structure to reduce impacts on property located above to the west. Noise levels occurring due to children playing on the premises are considered nuisance noises and not environmental noises {as defined in Section 19.68, Performance Standards and Noise Control, City of Chula Vista Municipal Code). These impacts are not anticipated to be significant environmental impacts, but rather issues that should be dealt with through the City's land use approval process to determine compatibility with adjacent uses. 3. Aesthetics Site plan and architectural review of the proposed project by the Zoning Admi ni strator or Design Review Committee wil 1 assure conformance with the Scenic Highways Element of the General Plan. 4. Traffic It is anticipated that the project will add approximately 448 trips to the existing traffic volumes on Otay Lakes Road elevating it to about 18,370 ADT. The existing C/D level of service on Otay Lakes Road will remain C/D, which is adequate for this type of street. E. Findings of Insignificant Impact 1. The project site is currently used for various land uses including residential and equestrian-oriented commercial and, therefore, there are no rare or endangered plant species present and any archaeological sites would have previously been destroyed. There are no geological hazards present on or near the property and the potentially unsuitable soil characteristics can be treated during grading of the property. 2. The project involves an amendment to the Land Use Element of the Chula Vista General Plan and the zoning of the property. If these amendments are implemented, the project will be in conformance with the General Plan. Review of the site plan and architecture for the project and implementation of standard building permit requirements will assure conformance with the Scenic Highways and Noise Element of the General Plan. The project is, therefore, not anticipated to achieve any short term goals to the disadvantage of long term environmental goals. 3. The project will not increase the traffic volumes on Otay Lakes Road to substantially lower its existing level of service. Drainage studies in the project vicinity indicate that given the soil conditions, development of the property would not increase runoff from the property. During the review of building permit applications, details of on-site drainage facilities will be reviewed to assure that any runoff is carried to appropriate facilities. 4. The project will not create any source of environmental noise, air contaminants, or other emissions which would adversely impact human beings. F. Consultation 1. Individuals and Organizations City of Chula Vista: Mando Liuag, Associate Planner Roger Daoust, Senior Civil Engineer Duane Bazzel, Assistant Planner Tom Dyke, Building and Housing Department Ted Monsell, Fire Marshal Chuck Glass, Traffic Engineer Applicant's Agent: Norman G. Williams 2. Documents IS-84-28, Bonita Villa Condos IS-85-26, Daybridge Learning Center Chapter 19.80, City of Chula Vista Municipal Code Scenic Routes Noise Elements, City of Chula Vista General Plan The Initial Study application and evaluation forms documenting.the findings of no significant impact are on file and available for public review at the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ENVIRONMENTAL RE~EW~OORDINATOR WPC 1812P EN 6 (Rev. 12/82) city of chula vista planning department ~vironmental review aectlon ~N ~ f~v I?/R?~ City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 1 3. PUBLIC HEARING: Conditional Use Permit PCC-85-19; request to expand an 6×istin9 pre-school at 471 "E" Street - Cottontail Pre-School A. BACKGROUND The applicant is seeking permission to expand an existing pre-school located at 471 "E" Street in the R-3 zone. The Environmental Review Coordinator has made the determination that the project is exempt from environmental review as a Class l(e) exemption. B. RECOMh~NDATION Based on findings contained in Section "E" of this report, adopt a motion to approve the request, PCC-85-19, to expand an existing pre-school at 471 "E" Street subject to the following conditions: a. The facility is permitted to operate between the hours of 7:30 a.m. and 6:00 p.m. Monday through Friday. b. No outside play activities shall occur prior to 9:00 a.m., and such activities will take place according to the following schedule unless otherwise approved by the Director of Planning: Times of Plax No. of Children in Play Areas Back Front Side 9:30-10:15 a.m. 8 0 0 10:45-11:45 a.m. lO 6 6 ll:O0-11:45 a.m. lO 6 6 1:30-2:30 p.m. 0 0 l0 2:30-3:30 p.m. 15 ll l0 c. Off-street parking for 7 vehicles shall be provided by means of acceptable agreement filed with the City. d. The fence proposed along the westerly property line shall be reduced to 5 feet in height, and its design shall be submitted for approval prior to the issuance of building permits. e. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 2 C. DISCUSSION Adjacent zoning and land use. North R-3 Single-family dwelling South R-1 Singl e-family dwelling East R-3 Vacant (proposed condos) West R-3 Apartments and Church parking Existing site characteristics. The project site measures 86' x 120' and is located at the northeast corner of Brightwood Avenue and "E" Street. The pre-school is located in a converted single-family dwelling, while a converted detached-garage serves as the preschool's office space. The play area is completely enclosed with fencing and landscaping and is located at the northeast corner of the property. The pre-school currently serves a maximum of 25 children at any one time, with hours of operation between 7:30 a.m. and 6:00 p.m. Monday through Friday. The staff consists of three employees per shift. The pre-school presently leases three parking spaces from the church across the street. Proposed use. The applicant proposes to expand the enrollment of the pre-school from the current limit of 25 children at any one time, to a maximum of 50 children at any one time. In order to accommodate the increased enrollment, the pre-school would add a total of 560 sq. ft. of floor space, including a lunch room on the easterly side of the structure and a story-telling room on the southerly side of the structure. A new fenced play area would be established on the west side of the structure adjacent to Brightwood Avenue. The number of staff would be increased from three to seven, and the pre-school would lease seven rather than the current three parking spaces from the church across the street. The hours of operation would remain the same; i.e., 7:30 a.m. to 6:00 p.m. Monday through Friday. D. ANALYSIS There are a number of factors which support a favorable recommendation. Those factors are: 1. Size - The licensing agency for pre-school facilities requires 75 sq. ft. of exterior space and 35 sq. ft. of interior space per child. The facility under construction would provide 80 sq. ft. in exterior space and 56 sq. ft. in interior space per child assuming all 50 children are present at one time, which is not a common occurrence according to the applicant. 2. Location - The subject property is a corner lot on a major street with only two contiguous properties which would be impacted--one of which is presently vacant. The applicant has indicated that both contiguous property owners to the north and east have been apprised of the expansion proposal and have offered no objections. City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 3 3. Safety The lot has frontage on Brightwood Avenue, a lightly traveled local street which provides a relatively safe location for dropping off and picking up children. 4. Parking - The applicant has secured the use of seven parking spaces for their employees from the church across the street on Brightwood Avenue. 5. Traffic - The children are dropped off and picked up on Brightwood Avenue at staggered times between 7:30-10:00 a.m. and 12:00-5:30 p.m. According to the applicant, there is rarely more than four parents present at any one time. 6. Noise - The establishment of an additional outside play area to the west of the structure will distribute outdoor activities to different portions of the site. Furthermore, outdoor recess periods are staggered so that no more than 35 children are out of doors at any one time, and, as stated, these children are distributed between the back, side and front play areas with the most significant activity occurring from 2:30-3:30 in the afternoon. In order to establish the additional play area, the applicant proposes to erect a 6-foot fence along the westerly property line. This still leaves 15 feet between the fence and the back of sidewalk because of excess right-of-way for Brightwood Avenue. The fence is designed with intermittent masonry pilasters in accordance with zoning ordinance standards for exterior side yards. Nevertheless, we believe the fence would be more attractive if it was reduced to a height of 5 feet. It would still act as a visual and noise barrier from the activities of the pre-schoolers, and would exceed the 4-foot minimum required by the State for such facilities. 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 comunity. Approval of this request will allow the applicant to offer pre-school to a greater number of children in the community. 2. That such use will not under the circm~staeces of the particular case, be detrimental 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 subject property is a corner lot with only two contiguous properties adjacent to it. Outdoor activities are distributed, and recess periods are staggered in order to minimize the adverse impacts of noise. City P1 anning Commi ssi on Agenda Items for Meeting of May 8, 1985 Page 4 3. That the proposed use will comply wi th the regulations and cond¶ttons specified in the code for such use. Compliance will be required prior to the issuance of a building pemit for the project. 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 General Plan does not address the establishment of conditional uses. WPC 1899P/OO15Z FLOWER STREE CH 'FERN ITF~MF CHURCH SF SF!SFI SF I I (~/~/~o '~-.WNORTH City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 1 4. PUBLIC HEARING: PCS-85-8 - Consideration of tentative subdivision map for Park Way Place Townhomes Chula Vista Tract 85-8 Thom L. Sanders Associates A. BACKGROUND The applicant has submitted a tentative subdivision map known as Park Way Place Townhomes, Chula Vista Tract 85-8 in order to develop a one-lot condominium project consisting of eight units on 0.32 acres located at 364/368 Park Way in the R-3 zone. The Environmental Review Coordinator has determined that the project is exempt from environmental review as a l(k) exemption. B. RECO~IENDATION 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 Park Way Place Townhouses, Chula Vista Tract 85-8, subject to the following conditions: a. The developer shall remove the existing driveway approaches on Park Way and replace with monolithic curb, gutter and sidewalk, except at the new driveway location. A construction permit will be required for all work done within the public right-of-way. b. The structural section of the driveway, outside the public right-of-way, shall be designed to meet flexible pavement structural design criteria based on "R" values and a minimum traffic index of 4 or, if Portland Cement Concrete, shall be 5-1/2" thick. All onsite paving including parking areas except those within carports will be inspected by the Engineering Department. The design of the structural section shall be reviewed and approved by the Director of Public Works/City Engineer. Private driveway construction is subject to review and inspection fees. C. DISCUSSION Adjacent zonin9 and land use. North R-3 Memorial Park South R-3 Single family dwellings East R-3 Single family dwellings West R-3 Single family dwellings Existin9 site characteristics. The project site is comprised of two parcels which together measure llS' x 121' (0.32 acres}. Each parcel was previously occupied by a single family dwelling. The property has now been cleared, and the project is currently under construction as apartment units. City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 2 Proposed development. The project consists of 2 two-story structures, each containing four units. All of the dwellings will be two-bedroom, townhouse type units. A total of 16 parking spaces are provided, including 8 single-car garages and credit for two parallel curb spaces on-street. The proposed development meets the condominium requirements relating to open space, private open space, storage and parking. The project was reviewed and approved by the Design Review Committee on July lg, 1984. D. ANALYSIS As stated above, the project meets the requirements of the Municipal Code relating to condominiums and has received Design Review Committee approval. It is appropriate, therefore, to recommend approval of the tentative map. E. FINDINGS Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Park Way Place Townhouses, Chula Vista Tract 85-8, is found to be in conformance with the various elements of the City's General Plan based on the following: 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 designed 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 site is designated for "High Density Residential" use. b. Circulation - The project is served by existing streets and no streets are required across the property to serve adjacent areas. c. Housing The project will provide additional home ownership opportunity for residents of the community. d. Conservation - The site is located within an urbanized area and was previously developed. e. Park and Recreation, Open Space - The developer is required to pay Park Acquisition and Development fees in lieu of dedicating and improving parkland. City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 3 f. Seismic Safety - The property is not near any known earthquake faults. 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 O.B.C. i. Scenic Highway - The site is not adjacent to a designated scenic route. j. Bicycle Routes - The adjoining street is not a designated bike route but will accommodate bicycles. k. Public Buildings No public buildings are proposed on the 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 1889P/OO14Z I I I I I PARK j~ ;. I' '__1_! I I , ' I I ~_22 ~0" ............... I ] I I I I ~ , [ I I i I , I I I I I ] [ I I I I I I ' I i I I I I ~_L__ I I I t I I I V~NCE ~ I I I ~ L-' I I I I I I II I i I t ' I I ri i I R~S~ELT ~fLoc?r 8 CONDOMINIUM 'UNITS ~NORTH ~ ~'~ ~"~ City Planning Commission Agenda Items for Meeting of May 8, 198§ Page 1 5. PUBLIC HEARING: PCM-85-12; Consideration of revocati on of home occupation permit at 558 Berland Way - David Bertrand A. BACKGROUND On December 20, 1983, David Bertrand was issued a home occupation permit to repair and refinish furniture in the garage of his residence at 558 Berland Way in the R-1 zone. A home occupation {governed by Municipal Code Section 19.14.490) may not involve employees other than the homeowner, and may not create a nuisance by, among other things, noise or odor. Mr. Bertrand's permit carries the further condition that the garage door shall be closed during repair hours. Beginning in February 1984, and continuing to the present, the City has received complaints regarding noise and odor associated wi th Mr. Bertrand's home occupation and the occasional presence of an employee assisting with the work. Attempts to gain Mr. Bertrand's compliance with the permit have been unsuccessful and the Planning Director has therefore referred this matter to the Planning Commission. B. RECOMMENDATION After receiving public testimony, the Planning Commission may either give the permittee a certain amount of time within which to comply or may revoke the home occupation permit. The Planning Department recommends that Mr. Bertrand's permit be revoked and that business cease and desist within seven days pf the Planning Commission's action. C. DISCUSSION The complaints which have been received regarding Mr. Bertrand's home occupation concern noise and fumes from sanding equipment and spray painting, work occurring outside the garage and/or with the garage door open, and the occasional presence of an employee assisting with the work. Mr. Bertrand was first informed in writing of concerns with the operation of his furniture repair/refinishing business by the City Attorney's Office on July 19, 1984. Subsequent complaints were received, however, and on a follow-up inspection on January 12, 1985, the Zoning Enforcement Officer found someone other than Mr. Bertrand spray painting furniture outside the garage. Mr. Bertrand was informed at that time that he must comply with his home occupation permit. City Planning Commission Agenda Items for Meeting of May 8, 1985 Page 2 The complaints continued, and on February 12, 1985, the Planning Director and the Zoning Enforcement Officer met with Mr. Bertrand to discuss the matter. Mr. Bertrand indicated at that time that he was no longer conducting a business out of his home and that he would be willing to surrender his home occupation permit. A letter request to that effect was not responded to by Mr. Bertrand. The permit was not surrendered, and a complaint regarding further violations was received. An inspection by the Zoning Enforcement Officer on April 13, 1985, again revealed a person other than Mr. Bertrand working on furniture outside the garage. As a result, the Planning Director determined it was appropriate to refer the permit to the Planning Commission for consideration of revocation. A complaint concerning violations occurring on April 16, l?th and 19th was received by the City Attorney4s Office on April 22, 1985. See attached documentation. WPC 1893P STREET ~ Locator PCM-85-12 ,5G8 BERLAND WAY ~