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HomeMy WebLinkAboutPlanning Comm Reports/1986/11/19 AGENDA City Planning Commission Chula Vista, California Wednesday, November 19, 1986 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER INTRODUCTORY REMARKS APPROVAL OF MINUTES - Meeting of October 8, 1986 ORAL COMMUNICATIONS 1. PUBLIC HEARING: Conditional Use Permit PCC-87-5M: Consideration of request to construct a new clubhouse and rearrange the parking area at 88 'L' Street - San Diego Country Club (continued) 2. PUBLIC HEARING: PCZ-87-A(M): Consideration to adjust zone boundary at the southwest corner of Third Avenue and Orange Avenue, between C-36 General Commercial and RU-29 Residential - Bob Spriggs (continued) 3. PUBLIC HEARING: Variance ZAV-87-10: Requests permission to increase floor area ratio at 59 'K' Street - Jack and Marla Kuta (continued) 4. PUBLIC HEARING: PCS-87-5M: Consideration of a tentative subdivision map to convert mobilehome park to resident ownership at 521 Orange Avenue - Orange Tree Mobilehome Park 5. PUBLIC HEARING: (a) PCZ-87-F: Consideration to rezone 10.1 acres known as Corona Vista, located northeast of Otay Lakes Road at the southeast terminus of Camino Elevado from R-i-iO-H-P to R-I-iO-P DeMenge-Cerotti (b) PCS-87-1: Consideration of a tentative subdivision map for Corona Vista, Chula Vista Tract 87-1, located northeast of Otay Lakes Road at the southeast terminus of Camino Elevado DeMenge-Cerotti (c) P-87-6: Consideration of Precise Plan adopting plans and standards for the development and/or maintenance of the lots and common areas within this project - DeMenge-Cerotti AGENDA November 19, 1986 Page 2 6. PUBLIC HEARING: Variance ZAV-87-9M: Requests permission to reduce the number of parking spaces and reduce the rear yard setback at 1773 Broadway - Deseret Industries 7. PUBLIC HEARING: (a) GPA-86-6: Consideration of a General Plan Amendment from Medium Density Residential (4-12 du/ac) to Retail Commercial for 4.3 acres located at the southeast corner of Otay Lakes Road and East 'H' Street - Kelton Title Corporation (b) PCZ-86-E: Consideration to rezone 4.3 acres located at the southeast corner of Otay Lakes Road and East 'H' Street from R-1 to C-C-P Kelton Title Corporation DIRECTOR'S REPORT OTHER BUSINESS Election of Vice Chairman COMMISSION COMMENTS ADJOURNMENT AT to the Regular Business Meeting of December 3, 1986 at 7:00 p.m. in the Council Chambers TO: City Planning Commission FROM: George Krempl, Director of Planning SUBJECT: Staff Report on Agenda Items for Planning Commission Meeting of November 19, 1986 1. PUBLIC HEARING: Major Use Permit PCC-87-5M: Request to demolish an existing clubhouse and build a new facility at 88 "L" Street - San Diego Country Club A. BACKGROUND The applicant, the San Diego Country Club is requesting a major use permit to demolish the existing 23,000 sq. ft. clubhouse and construct a new facility with a proposed gross floor area of 36,140 sq. ft. The clubhouse and surrounding golf course are zoned S-90, a holding area zone which requires a major use permit for operation of a golf course and country club. The golf course and country club hae been in existence at that location since 1921. The original environmental analysis of this project determined that there would be a significant impact due to historical and cultural resources and an Environmental Impact Report (EIR) was prepared. When the Planning Commission considered the final EIR for this project they determined that because of the modifications to the structure noted above there would be no significant impact and that a Negative Declaration should be prepared. The City Attorney's Office, after reviewing the record, has recommended that the final EIR be certified by the Planning Commission, rather than adoption of a Negative Declaration. That recommendation is based upon an opinion issued by the City Attorney's office which has been submitted for the Commission's review in the appendix of this report. B. RECOMMENDATION 1. Certify that EIR-86-2 has been prepared in compliance with CEQA and the environmental review procedures of the City of Chula Vista, and that they have reviewed and considered the information within the document. 2. Adopt a motion to continue both the adoption of Findings for EIR-86-2 and a statement of overriding considerations pending submittal of a structural and architectural analysis of the present clubhouse utilizing the 1985 Historical Building Code. 3. Adopt a motion to continue the public hearing for consideration of the major use permit request for an indefinite period of time pending completion of the Final EIR-86-2, for the proposed project. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 2 The proposed demolition of the existing Country Club and construction of a new Country Club facility was originally reviewed, and it was determined that there would be a significant impact due to historical and cultural resources; an Environmental Impact Report (EIR) was prepared. When the Commission considered the final EIR for this project, they determined that because of the modifications to the structure noted above, there would be no significant environmental impact and that a Negative Declaration should be prepared. Staff, at the direction of the Commission, prepared a negative declaration for demolition of the existing structure and scheduled the application for a major use permit for hearing before the Montgomery Planning Committee. However, shortly before the public hearing before the Committee, the City Attorney's office informed staff that recent court action relating to certain conditions under which an EIR must be prepared made adoption of a Negative Declaration inappropriate. Until the environmental issues relative to the project are finally resolved, the major use permit cannot be heard. The Board of the San Diego Country Club has consented to perform a structural and architectural survey based upon the Historical Building Code in order to determine the feasibility of renovating the existing structure. This additional information will directly affect the findings determination for the EIR relating to the feasibility of alternative projects, as well as to aid in the resolution of the planning issues relating to demolition of a recommended historical site. Selection of consultants who will complete the analysis is underway at this time. WPC 3295P DATE: November 12, 1986 TO: Chairman Thomas L. Shipe and Members of the Planning Commission FROM: Ann Moore, Deputy City Attorney ~ ~ SUBJECT: Environmental Impact Report of the San Diego Country Club The Planning Commission recently decided to adopt a Negative Declaration and not to certify the Environmental Impact Report for the Country Club Project. While it is clear that the Commission has the discretion not to certify an Environmental Impact Report, a recent court case has held that it is an abuse of discretion to adopt a Negative Declaration when a "fair argument" can be made that a project will have a significant environmental impact. Therefore, the City Attorney's Office believes the Environmental Impact Report for the Country Club Project should be certified. In Chamberlin v. City of Palo Alto, decided October 24, 1986, the court held an EIR is required when the record indicates a fair argument can be made that the project will have an impact on the environment. A Negative Declaration can only be filed when there is no evidence to support a fair argument that the project may have a significant environmental impact. In determining whether a fair argument exists, the court considered whether a public controversy over the environmental effects of the project exists and if the experts disagreed on the project's impact on the environment. The situation before the Planning Commission regarding the Environmental Impact Report of the Country Club Project is very similar to the recent court case. A great deal of public controversy exists regarding the environmental effects of the Country Club Project. In addition, a number of experts believe the project has a significant effect on the environment. Therefore, based on this record, a fair argument could be made that the project has a significant environmental impact. There is a concern among the Commissioners in certifying an EIR because they may feel that the project does not have a significant environmental effect. However, the Chamberlin case indicates that the question before the Planning Commission is not whether or not the Commissioners believe a significant environmental effect exists, but rather whether evidence indicates a fair argument may be made that there is a significant environmental impact. If the evidence exists, an EIR is required. AM:clb 2196a City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 1 2. PUBLIC HEARING: PCZ 87-A(M) Adjust zone boundary at the southwest corner of Third Avenue and Orange Avenue, between C-3~ ~eneral commercial and RU-29 residential - Bob Spri~s A. BACKGROUND 1. The applicant proposes to adjust the zone boundary which presently divides a 4.43 acre parcel into two zones to match the proposed lot line plotted in tentative parcel map TPM 86-19, which has been conditionally approved for the property. The zone boundary between the existing C-36 general commercial zone and RU-29 residential (29 dwellings per acre) would be relocated 12 feet west of its present location. 2. An Initial Study, IS-87-11M of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on September 17, 1986, who concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. 3. The Montgomery Planning Committee at their meeting of October l, 1986, voted to recommend approval of the rezone request as presented by staff, and as shown in Exhibit A of this report. 4. This item was automatically continued from the meeting of October 8, October 22, and November 5, 1986, due to lack of a quorem to consider the request. B. RECOMMENDATION 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-87-11M. 2. Adopt a motion recommending that the City Council enact an ordinance to adjust the zone boundary between the existing C-36 and RU-29 zone for the 4.43 acre parcel located at the southwest corner of Third Avenue and Orange Avenue, to the location coinciding with the property line approved as part of TPM 86-19, as shown in Exhibit A of this report. C. DISCUSSION Adjacent zoning and land use. North RS-7, C-36, RU-29 Single-family homes, commercial, apartments South RMH-IO Mobilehome park, utility easement East C-36, RMH-IO Car lots, mobilehome park West RU-15, S-94 Mobilehome park, utility easement, residences City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 2 Existing site characteristics. The project site consists of 4.43 acres of property located at the southwest corner of Third Avenue and Orange Avenue. A tentative parcel map has been conditionally approved separating the western portion of the property (3.480 acres) which contains a 124 unit apartment complex from the eastern portion of the property (.96 acres) which is vacant. The property is level, and contains a drainage culvert along the southern boundary of the property. General plan. The proposed zone boundary adjustment has no effect on the compliance of the affected zones with the General Plan designation of Thoroughfare Commercial and High Density Residential for the property. In terms of land use, the property under commercial zoning is vacant, and the adjusted boundary will not encroach onto the area developed for residential uses. Therefore, the proposed rezoning will not adversely affect or reduce the property's compliance with the Chula Vista General Plan. D. ANALYSIS Prior to the last General Plan Amendment completed by the County of San biego for the Montgomery Area on May 15, 1985, the subject property was split into two zones. The western portion of the lot was zoned RC, a residential/commercial zone allowing residential densities of up to 40 dwellings per acre, while the eastern portion of the lot was zoned C-36 General Commercial. The applicant began construction of a 124-unit apartment complex situated on the western portion of the lot, with the intention of constructing a convenience commercial center on the eastern portion of the lot. The apartment project was designed using a zone boundary located 230 feet from centerline of Third Avenue. Upon completion of the last General Plan Amendment, the property was zoned RU-29 and C-36; the boundary between the two zones remained at its previous location. Upon annexation to the City of Chula Vista, a tentative parcel map was filed in order to separate the property into two lots so that commercial uses could be pursued on that portion of the property zoned C-36. It was discovered at that time that the zone boundary separating the RU-29 and C-36 zone is located 242 feet from the centerline of Third Avenue, not 230 feet as the applicant originally thought. The applicant is requesting the zone boundary adjustment to conform with the existing as-built location of the apartment complex. After review of the applicant's request and the zoning history of the property, staff is recommending approval of the zone boundary adjustment. The adjustment is City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 3 minor in nature, would move the boundary 12 feet to align with the proposed property line separating the two parcels, and would not encroach into the existing apartment use. At this time there is no specific commercial project proposed. Consideration of public improvements and public safety requirements will be done through the Design Review process when a specific commercial proposal is brought forward. WPC 3162P , R-3 .o.~.ous~ C-C QUINTAF~D R-3-P 5 R-3 "13 H'IO Project Area EXHIBIT A he,alive dec aralicn . PROJECT NAME: Spriggs Rezone PROJECT LOCATIO~: Southwest Corner of Third Avenue and Orange Avenue PROJECT APPLICAI~T: Western Communities Doug Brundage CASE NO: IS-87-11H DATE: September 16, 1986 A. Project Setting The project site consists of 4.43 acres of property located at the southwest corner of Third Avenue and Orange Avenue. A tentative parcel map has been conditionally approved separating the western portion of the property -(3.480 acres) which contains a 125 unit apartment complex from the eastern portion of the property (9.6 acres) which is vacant. Tile property is level, and contains a drainage culvert along tile southern boundary of the property. Adjacent land uses consist of residential single family, apartment residential and commercial uses to the north, a mobile home park, and electric utility easement to the south, commercial establishments and a mobile home park to the east, and residential dwellings and a mobile home park to the west. B. Project Description The applicant proposes to construct a convenience commercial center on the vacant portion of the property. There is no specific project proposed at this time. A tentative parcel map has been approved to separate the property into two parcels with the eastern parcel under an existing C-36 coamercial zone and the western parcel containing the apartment complex under existing RU-29 residential zoning. The ~plicant is requesting a change in the zone boundary between the commercial and residential zones, to coincide with the property line between the t~o proposed parcels. Tile rezone request would adjust the zone boundary line 12 feet west of its present location. C. Compatibility with Zoning and Plans The request to adjust the zone boundary will not encroach into the existing residential apartment complex, and is compatible with the Chula Vista General Plan which designates the area of the adjustment for thoroughfare commercial uses. city of chula vista planning department CI~YOF environmental review section_CHU[AVISTA -2- D. Identification of Environmental Effects Drainage The project site was originally subject to inundation from drainage along the southern boundary of the property. The site is included in a part of zone 4 of the San Diego County Hydrology Study (Hirsch, 1975). A previously approved box culvert currently being constructed as part of on-site improvements eliminates any potential adverse environmental effects resulting from drainage through the property. Aesthetics It is not known at this time whether construction of the convenience center will result in the degradation of community aesthetics. However, any ne~ commercial project proposed for this site is subject to approval by the Design Review Committee prior to construction. Additional environmental review of the specific project proposed will be required as part of the design review process. Fire Protection The Fire Department is requiring the applicant to satisfy the standard development regulations outlined in the Municipal Code for fire protection prior to approval of the final map or issuance of building permits. These requirements serve to eliminate the potential fod deterioration of fire protection services to the area resulting from this project. Public Roads The Engineering Department requires full road improvements for the site in accordance with 1986 City of Chula Vista Design Standards. These are standard development regulations required as part of the final map process and issuance of building permits. E. Findings of Insignificant Impact 1. The proposed zone boundary adjustment will not result in the degradation of the environment, since no specific project is proposed at this time. Future construction of commercial uses on the site will require additional environmental review. 2. The zone boundary adjustment does not conflict with the existing General Plan and as currently proposed, will not result in long-term adverse environmental impacts. 3. The zone boundary adjustment does not involve construction of a project at this time and, therefore, will not result in significant cumulative environmental impacts. -3- 4. In the process of fulfilling standard development regulations required prior to recordation of a final map and/or issuance of building permits, the project will not result in significant traffic or fire protection impacts that will adversely affect human beings. G. Consultation 1. Individuals and Organizations City of Chula Vista: Steve Griffin, Associate Planner Duane Bazzel, Associate Planner Julie Schilling, Assistant Planner Frank Herrera, Assistant Roger Daoust, Senior Civil Engineer William Wheeler, Building and Housing Department Carol Gove, Fire Marshal Chuck Glass, Traffic Engineer Applicant's Agent: Algert Engineering, Inc. 428 Broadway Chula Vista, CA 92010 2. Documents General Plan, City of Chula Vista ' Chapter 19.70 Title 19 (Zoning) of Chula Vista Municipal Code San Diego County Hydrology Study 1975 (Hirsch) 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. ENVIRON~g~'NTAL REVIEW COORDINATOR WPC 3160P EN 6 (Rev. 5/85) city of chula vista planning department clrF OF environmental review section CHUb\ VISTA, Etl 6 (Rev. 12/82) :, CITY OF CHULA VISTA DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. List the names of all persons having an~ ownership interest in the property involved. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. z~. Have you had more than $250 worth of business transacted with any member o£ City staff, Boards, Comm~'ssions, Committees and Council within the past twelve months? Yes No If yes, please indicate person(s) ~s defined as: "Any individual, firm, copartnership, joint venture, assoc~ati , Isoc~ club, fraternal organization co ..... +~ ........ '. °n-='~ · , -vv-~,UH, u~ba~e, ~:rus~:, receiver 1 I this and any other county, city and rnunfv --' ......... ' synd cate,I ....... j, c,Ly, municipallY;y, Q~s~,rict or other ~political~ ~subdivisi°n'~.°r~any other_ group or combination acting as a unit. / (N~NOTE: Attach additional pages as ~~ ~ o lf. Qo . ¢ ., . Signature of app/icant/da~e "~ ~-~'~-~' ~'~-~ WPC 0701P A-110 ~-int or type name of applicant City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 1 3. PUBLIC HEARING: Variance ZAV-87-10; request to increase floor area ratio at 59 "K" Street - Jack and Marla Kuta (continued) A. BACKGROUND 1. This item was continued from the meeting of November 5, 1986, because a potential conflict of interest resulted in the lack of a quorum for this application. 2. The original request was to increase the floor area ratio from 46% to 54% and the allowable rear yard coverage from 400 sq. ft. to 541 sq. ft. in order to construct a family room, master bedroom extension, and detached garage at 59 "K" Street in the R-1 zone. Following the continuance, however, the applicant amended the request by reducing the size of the proposed detached garage. This amendment eliminates the need for the request to increase the allowable rear yard coverage, and reduces the request for an increase in floor area ratio from 46% to 52% rather than 54%. 3. The project is exempt from environmental review as a Class l(e) exemption. B. RECOMMENDATION Adopt a motion to deny ZAV-87-10. C. DISCUSSION Adjacent zoning and land use. North R-1 Single family dwelling South R-1 Single family dwelling East R-1 Single family dwelling West R-1 Single family dwelling Existing site characteristics. The lot in question is 50 feet wide and 160 feet in depth, for a total area of 8,000 sq. ft. The existing two-story dwelling contains 3,109 sq. ft. of floor area, and an existing detached garage contains an additional 540 sq. ft. for a total floor area of 3,649 sq. ft. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 2 Proposed request. The request is to add a first floor family room, extend the second floor master bedroom, and make other minor modifications which together would add 543 sq. ft. of floor area to the dwelling. A new 528 sq. ft. garage would be constructed on the rear of the lot and the existing 540 sq. ft. garage would be removed to make way for an extended driveway and pool/patio area. The size difference between the new and existing garage would deduct 12 sq. ft., resulting in a total floor area increase of 531 sq. ft. The 531 sq. ft. of new floor area would increase the total floor area from the existing 3,649 sq. ft. (46% FAR) to 4,180 sq. ft. (52% FAR). The Code limits the FAR for single family lots to 45%, which would translate to 3,600 sq. ft. of floor area for this 8,000 sq. ft. lot. D. ANALYSIS The City has used a floor area ratio {FAR) standard since May of this year. The FAR limits a dwelling to a reasonable bulk and scale relative to the size of the lot. In the case of the R-1 zone, the FAR of 45% sets an ultimate limit to the amount of square footage of floor area which may be constructed to 45% of the size of the lot. This standard, along with height and setback restrictions, is designed to allow ample interior residential living space, while at the same time limiting the size and location of structures consistent with the light, air, privacy, and open space standards and aesthetic values which have come to be expected in R-1 single-family residential living environments. Section 19.14.140 of the Municipal Code provides, in part, that "The granting of a variance is...to provide a reasonable use for a parcel of property having unique characteristics by virtue of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and developments. The purpose of the variance is to bring a particular parcel up to parity with other property in the same zone and vicinity insofar as a reasonable use is concerned, and it is not to grant any special privilege or concession not enjoyed by other properties in the same zone and vicinity..." Since the floor area limitation imposed by the FAR is solely based on the square footage of a particular lot, the only apparent "unique characteristic" or "hardship" which would justify a variance would be a ~ubstandard sized lot in comparison to other lots in the same zone and vicinity. In the present case, the subject 8,000 sq. ft. lot exceeds the City's 7,000 sq.f.t standard for R-1 lots by 1,O00 sq. ft. Although it is smaller than several other lots in the immediate vicinity, it shares this distinction with five other lots on the same block face and thus is not unique in this regard. Also, the 45% FAR allows for a total floor area of City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 3 3,600 sq. ft., which would appear to provide for the reasonable use of a single family parcel of this size (while the applicant's proposal calls for 4,180 sq. ft.). Finally, with these factors in mind, the very purpose in using a "ratio" is to relate the bulk of structures to the variations in single family lot size typically encountered in the City. Thus, it is our conclusion that there is nothing unique about the subject parcel that presents a hardship or prevents the reasonable use of the property under the strict application of the R-1 zone FAR restriction and the granting of the variance would represent a special privilege not enjoyed by other properties in the same zone and vicinity. For this reason, we recommend denial of the request. For the Commission's information, the following are the facts which must be found in order grant a variance: 1. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this 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. 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. 3. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest. 4. That the authorizing of such variance will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. WPC 3288P HILLTOP PARK 11 ~ -----~ cflur~cH, f.o ~ I I MILLAN ST. ~'~ I I I I [OJE( .--4'--1 s~ I I~' s~ I~F I I~ I I J i II K II STREET I SF $F I / ~ I I / } L / / i~-- I I WAY .~ CITY OF CHULA VISTA DISCLOSURE STATE~NT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. Jack Kuta Marla Kuta List the names of all persons having any ownership interest in the property involved. Jack Kuta Marla Kuta 2. If any person identified pursuant to {1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twe]ve months? Yes x No If yes, please indicate person(s) Make Green !Person is defined as: "Any individual, firm, copartnership, joint venture, association, soc-'6~-F~7 club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." {NOTE: Attach additional pages as necessary.) /~y~ Sigha'fSre of applicant/date WPC 0701P Jack Kuta 9-29-1986 A-]]O Print or type name of applicant City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 1 4. PUBLIC HEARING: PCS-87-5M-Consideration of tentative subdivision map for Orange Tree Mobilehome Park, Chula Vista Tract 87-5 - Acquisition Association for Orange Tree Mobilehome Park A. BACKGROUND 1. The applicant has submitted a tentative subdivision map known as Orange Tree Mobilehome Park, Chula Vista Tract 87-5 in order to convert an existing 155-space mobilehome park from a rental park to resident ownership. 2. The Environmental Review Coordinator has determined that the proposed project constitutes a Class ll(K) categorical exemption and does not require environmental review. The Montgomery Planning Committee, at their meeting of November 5, 1986, voted to approve the proposed subdivision subject to conditions c, d, e, f, g, h, and i. The Committee voted to reserve judgment on conditions a and b, and to defer to the recommendation of the Fire Marshal as a result of negotiations with the applicant, and the final decision of the Council. 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 Orange Tree Mobilehome Park, Chula Vista Tract 87-5, subject to the following conditions: a. Provide fire hydrants at a minimum distance of 400 feet apart within the park, the type and location of the hydrants subject to approval of the City Fire Department. The applicant shall submit to the Fire Marshal a long range program for provision of fire hydrants prior to final map approval. b. Each space shall be required to post the space number of the unit in 6 inch high numbers mounted against a contrasting background prior to final map approval. The location and type of space number used is subject to approval by the Fire Marshal. c. The developers shall construct street improvements to include, but not be limited to concrete curb, gutter, sidewalk and asphalt paving along the frontage of the proposed Lot 3 and street lighting conforming to City Standards in Orange Avenue and Anita Street. Locations of proposed street lights shall be approved by the City Engineer and existing temporary street lights shall be removed. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 2 d. Developer shall enter into an agreement with the City in which developer agrees to remove the existing structure in Lot 3 and construct the required street improvements within two years after approval of the Final Subdivision Map. e. Right of way adjacent to Lot 3 shall be dedicated on the Final Map to provide for a total of 51 feet of right of way from the centerline of Orange Avenue to the property line of Lot 3. f. All utilities within the subdivision shall be undergrounded unless a deferral or waiver is granted. Additional right of way (5 feet in Anita Street and 4.5 feet in Orange Avenue shall be dedicated to allow for present or future undergrounding of utilities unless evidence is provided that the utility companies do not require additional right of way. An encroachment permit may be required for fences and structures extending into these strips of land. g. The developer shall comply with all applicable sections of the Municipal Code and the Subdivision Map Act prior to approval of the Final Subdivision Map. h. Prior to Final Map approval the developer shall submit and implement a tenant impact report approved by the Director of Community Development. i. Final CC&R's shall be submitted for approval to the Planning Department prior to Final Map approval delineating responsibility for maintenance and cost of maintenance of all common areas and facilities, roads or easements, and guest parking areas. C. DISCUSSION Adjacent zoning and land use. llorth RS-7 Single family homes South RU-24/RMH-11 Mobilehome parks East RMH-8/S-94 Mobilehome park/utility easement West C-36/S-94/M-52 Commercial auto repair/utility easement/RV storage Existing site characteristics. The project site is an existing 155 space mobilehome park occupying two parcels totaling 17.25 acres between Orange Avenue and Anita Street in the Montgomery area. The park was originally approved through the County of San Diego by Major Use Permit P67-112 for 107 spaces; the area was later expanded to accommodate the present total of 155 spaces granted by P68-121. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 3 The two parcels which constitute the park are connected by a 30' private road which crosses a 250' wide strip of land owned by San Diego Gas and Electric for utility purposes. The utility property surrounding the road is under lease by the mobilehome park from the utility company and is used for RV storage. Two common recreation areas are present each with swimming pools. There is one single family dwelling located in the northeast corner of the northern lot on a 9,000 sq. ft. parcel zoned R-V-15. Proposed development. The applicant proposes to convert the mobilehome park from a rental park to resident ownership. No changes are otherwise proposed in the use of the site, or in the internal design of the park. Under the conversion plan the residents, 33% of whom are now low and moderate income renters, will have the opportunity to purchase their space, owning the park jointly with other tenants as airspace condominiums. Substantial funding for the conversion is being provided by the City of Chula Vista through assistance programs directed by Community Development Department for low and moderate income housing. Lnw and moderate income residents who chose not to purchase their spaces may continue to live in the park by renting their spaces which would be owned by the homeowners association. Since there is some potential for the displacement of tenants who opt not to purchase their lots but find they cannot pay the 60 dollar a month rent increase resulting from conversion, relocation assistance will be provided as outlined in the proposed tenant impact report shown in Appendix A. The tenant impact report is required under State Government and Civil Codes, and by Municipal Code Ordinance 9.40 as well. The report and relocation plan is subject to the final approval of the Community Development Director and is made a condition of the tentative map. Tentative map. The tentative map proposes the subdivision of the property into three lots; 73 airspace units are contained in Lot 1 located on the rectangular property north of Anita Street, while 81 units are contained in the northern lot abutting Orange Avenue. Lot 3 contains a 9015 square foot area with the existing single family dwelling located at the northeast corner of proposed Lot 2. D. ANALYSIS Because the park is existing and was approved under major use permits in 1967 and 1968, many conditions that might normally be required of new park developments where spaces are owned under a condominium arrangement would nnt apply in this case. Enforcing compliance with the City's development policy for mobilehome parks would require complete redesign of the park and a possible reduction in the amount of spaces now available. This solution is viewed by staff as impractical and infeasible. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 4 There are, however, conditions required prior to final map approval which address provision of public improvements along Orange Avenue and Anita Street, and which address fire safety requirements relative to the interior of the park. The improvement requirements outlined by the Engineering Department stipulate that street improvements be installed along Orange Avenue adjacent to proposed lot 3 which would, within a two-year period, necessitate demolition or relocation of the existing dwelling which sits within the right of way. In addition, undergrounding utilities and upgrading of existing street lights are required to bring the mobilehome park into conformance with City standards. Provision of fire hydrants at a distance of 400' apart within the park is a condition required to bring the park into compliance with State and local fire codes. Provision of new hydrants within the park and upgrading of existing hydrants can, however, be implemented as part of a long-range plan, to help defray the cost of these improvements, subject to the approval of the Fire Marshal. E. FINDING Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Orange Tree Mobilehome Park, Chula Vista Tract 87-5, 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 conversion of the park from a rental park to resident ownership results in no change in the existing land use. The site is currently in conformance with the medium density residential land use designated for that area. b. Circulation - The project proposes no change in traffic circulation over what is now existing. c. Housing - The conversion project serves to further the goals of the Housing Element by preserving available housing for low and moderate income residents on a long-term basis. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page d. Conservation The conversion makes no physical changes to an existing condition and has no adverse effect upon the Conservation Element of the General Plan. e. Park and Recreation, Open Space The conversion makes no physical changes to an existing condition and has no adverse effect upon the Park and Recreation and Open Space elements of the plan. f. Seismic Safety - The conversion to resident ownership makes no p)~sical changes to an existing condition and has no effect upon the Seismic Safety Element of the General Plan. g. Safety By bringing the existing park into compliance with State and local fire codes the project brings the existing mobilehome park into substantial compliance with the Safety Element of the General Plan. h. Noise - The conversion to resident ownership makes no physical changes to an existing condition and has no effect upon the Noise Element of the General Plan. i. Scenic Highway - The conversion to resident ownership makes no physical changes to an existing condition and has no effect upon the Scenic Highway Element of the General Plan. j. Bicycle Routes - The conversion to resident ownership makes no physical changes to an existing condition and has no effect upon the Bicycle Routes Element of the General Plan. k. Public Buildings - The conversion to resident ownership makes no physical changes to an existing condition and has no effect upon the Public Buildings Element of the General Plan. 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. The proposed change to resident ownership will provide long-term housing opportunities for low and moderate income residents, and by doing so meets both the housing needs of the region and the public service needs of the residents of the City. WPC 3289P/2659P RV. 15 II' ORSETT PALOMAR ----, STREET ± APPENDIX A CONTINENTAL ASSOCIATES SAN DIEGO OFFICE: 7970 Convoy Court · San Diego, California 92111 · Telephone: (619) 277-2373 · Toll Free: (800) 862-91OO October 28, 1986 Mr. Paul Desrochers Director of Community Development City of Chula Vista 276 4th Ave. Chula Vista, CA 92010 Dear Mr. Desrochers: I am writing in response to your letter dated October 2, 1986. I am submitting further information for the Tentative Subdivision Map for Orange Tree Mobilehome Park. This information is intended to meet the requirements of your Municipal Code Section 9.40.020(B). I respectfully submit the following information: B. 1. A Tenant Impact Report which addresses relocation is attached to this letter as Attachment A. The Tenant Impact Report outlines the purchase and lease programs provided to the residents at the mobilehome park. As the report states, any issue of displace- ment and relocation has been addressed through the purchase and lease programs. The plans that have been adopted for both those people who choose to purchase and those who choose to remain as renters preclude any involuntary and/or economic displace- ment. However, if someone in the park should claim that they have been displaced, and if such claim is upheld, there are sufficient reserves in the resident organization account to provide relocation benefits as required by law to these residents. 2. (A) There are 154 in Orange Tree Mobilehome Park. Three of these spaces contain duplex rental units. (B) The names and addresses of all mobilehome owner/occupants in the mobilehome park is attached as Attachment B. (C) thru (G) There will be no households which will not be fully protected from displacement as evidenced in Tenant Impact Report. 3. There will be no displacement. 4. At a minimum, the resident organization has agreed LOS ANGELES OFFICE: 1875 Century Pork East * Suite 12OO · Los Angeles, California 90067 · Telephone: (213) 2~-9053 in the Lending Agreement with the Redevelopment Agency of the City of Chula Vista to provide relocation assistance in accordance with Municipal Code Chapter 9.40 if suc~ assistance is necessary. 5. There will be no displacement as evidenced by the Tenant Impact Report. 6. There will be no displacement. Although no one will be displaced, all residents of the mobilehome park are given a 90 day First Right of Refusal from the date of the issuance of the Final Public Report. If the resident does not exercise this option, the lease plan as provided by the City of Chula Vista, provides that any resident may remain as a tenant. 7. There will be a change in the mode of ownership in effect for the property. The mobilehome park is currently owned by the Acquisition Association for Orange Tree Mobilehome Owners, Inc. The request for a Tentative Subdivision Map contemplates the division of the mobilehome park into separate parcels to be owned by the individual mobilehome park residents. The mobilehome park will be owned as separate parcels by each individual resident rather than as a whole and undivided parcel. 8. There will be no displacement. As to the notification requirements of Subsection (F), I have attached copies of the notices which have been sent to the mobilehome park residents in compliance with Civil Code Section 798.56(F)(1) and Government Code Sections 66427.1(A) and (C), as well as 66452.9. Also enclosed is the Certification that these notices were sent. See Attachment C. The attached "Notice of Public Hearing and Availability of Tenant Impact Report", Attachment D, will be sent to the park residents upon the approval of the enclosed Tenant Impact Report along with the Report itself. Please notify me immediately if you need any further information from us. Sincerely, CONTINENTAL ASSOCIATES Susan/~. Hawks~ Senior Project Coordinator SMH:pb Encl. cc: Jerry Lucas Sheila Shanahan TENANT IMPACT REPORT FOR ORANGE TREE MOBILEHOME PARK The impact of the resident originated conversion of Orange Tree Mobilehome Park from a rental park to a resident owner park depends upon two factors: (I) Purchase programs that allow ail of the residents to buy with affordable terms and conditions, and (2) Lease programs that allow those who do not purchase to remain in the park as renters with affordable terms and conditions. The adoption of these programs for those residents who choose to purchase and those who choose to remain as renters assures that there will be no involuntary or economic displacement. Every resident may remain in the park at affordable terms and conditions. Before analyzing the two programs, it is important to determine the number of households who will purchase and the number who will remain as renters. To date, 131 households of the 131 total households have ratified the purchase contract and thereby indicated an interest in purchasing their space. This indicates that at most, 20 households may fall within the lease programs. Typically, the number of those who have not indicated a desire to purchase their space decreases as the process continues and during the 90 day first right of refusal given to each household. PURCHASE PROGRAMS: All residents, regardless of their income, have the opportunity to purchase their space. The purchase programs assure the affordability of the spaces. I. Purchase Price. Many factors enter into the determination of purchase price. To fully understand these factors, it is necessary to understand how the purchase is structured. Initially, the resident association purchases the park from the owners. This is described as the "interim" stage. Then, the individual households purchase their space from the homeowners' association. This is when the park is subdivided and must obtain City and State approval. There are different costs associated with each of these two steps. The purchase price includes these costs. At the interim stage this includes the land purchase price, conversion costs, and financing costs: Land Purchase Price $%000,000.00 Conversion Costs ~9,550.00 Financing Costs 183,652.00 Total (Interim) $#,233,202.00 Average Individual Cost to Cover Interim Purchase Price $28,221.35 (An allocation appraisal has been done which breaks down the actual portion of the purchase price attributed to each individual space.) 2. Cash Buyers. These purchasers will pay their allocated portion of the purchase price as discussed above, as well as closing costs on their individual space. This is approximately an additional $1,850.00. This includes a homeowners association reserve, consultants fees, title, escrow and recording charges. The final purchase survey to determine the exact number of cash buyers is incomplete and will probably not be known until after the final Public Report is obtained. 3. Conventional Financing. Of those households who have indicated a desire to purchase~ 73 can qualify for conventional financing. Bank of America has committed to provide financing to these residents. The residents are offered fixed and variable rate loans. They also have the option of obtaining their own financing from another source. Fixed rate loans will be at a .2~% reduction to the Bank posted fixed at the time of loan funding. Two types of capped variable rate loans are also available. Typical scenarios are as follows: 528,000.00 Loan Amount Amortized over 20 years Fixed rate monthly payment 5298.60 Variable Rate 12 month payment (starting) 525t~.26 Minimum possible payment $196.~8 Maximum possible payment 535#.31 g. Low income Financing. To date~ b6 households have been identified as ]ow income households. "Low income" is defined as 80% of the median income for the County. For San Diego County, this is $16,030.00 for one person and 518)300.00 :[or two people. These households require governmentally assisted financing to make it affordable for them to purchase their space. The park has received a commitment of 5300,000.00 from the City of Chula Vista and 5662,000.00 from the State of California. These two commitments assure that the housing costs for those low income residents who purchase their space will not exceed 30% of their annual gross income. In some cases, low income residents will qualify ~or a conventional loan for a portion of the purchase price. This is calculated by determining 3096 of the resident's §ross income. The resulting number is the amount the resident can pay for housing costs. From the housing cost figure, subtract the fixed costs of utilities, insurance, registration, property taxes, and homeowners' association dues. The remainder is the amount available for a conventional loan. For example: Annual Income 517~782.00 Monthly Income 51,4gl.00 30% of Monthly Income $4##.00 Fixed Costs $169.00 Balance For Loan $2t~3'00 This resident can obtain a conventional loan with payments of 52t43.00 per month. At prevailing interest rates this will be $22~000.00. The remainder of the purchase price~ over and above $22,000.00 will be provided in governmentally assisted financing. -2- Some residents may not qualify for any conventional financing. They will need 100% governmentally assisted financing. This requires a combination of State and City money. The State will loan up to 50% of the purchase price and the residents must have a 10% down payment or be able to demonstrate 10% equity. The loans are all due and payable in 30 years or when the property is trans- ferred, whichever occurs £irst. The note rate is 7°/6 simple interest per annum. All payments are deferred until the end of the loan term. If the State's 50% participation is insufficient to reduce the housing costs to 30% of the resident's income~ and/or if the resident doesn't have a 10% down payment or equity~ the City will also make a loan to the resident. The City will participate with no interest, equity sharing loans. The payments will be deferred until the property is transferred. These assistance plans make it possible for all of the households to purchase their space regardless of their income. The combination of the two assistance plans and conventional loans will keep the iow income residents' housing costs at 30% of their income. LEASE PROGRAM: A lease program has been adopted by the Homeowners' Association and approved by the Chula Vista City Council, Redevelopment Agency and Community Development Departments. The program is attached as Exhibit "A" and is summarized as follows: 1. Non Low and Moderate Income Residents. This program provides a life-time lease to the residents who choose to continue renting. The rental rate is fixed at $301.00 for the first 18 months following the interim escrow closing on August 15, 1986. For months 18 through 36, the rent can be increased to allow pass-throughs for increases in homeowners' association dues, property taxes and debt service. After the 36th month, rent may be increased £or the pass- throughs mentioned above and for a reasonable return on investment as defined by formula. The Redevelopment Agency of the City of Chula Vista shall have the right to monitor this rent program. 2. Low and Moderate Income Residents. Those residents who remain as renters shall be subject to the above described lease programs with the addition of rent assistance from the Redevelopment Agency. The Agency will provide assistance £or months 19 through 36 following the close of escrow. For those residents who demonstrate their eligibility, as determined by the Redevelopment Agency, the Agency will make up any rent difference to keep the eligible residents' rent at $301.00 or 30% of household igcome, whichever is greater. PURCHASE OF UNSOLD 5PACES: Provision must be made to purchase those spaces which are not purchased by the occupant/resident. The potential number of such spaces is 20. However, experience indicates that this number will be reduced by at least half by the end of the 90 day first right ol refusal. By agreement with the City of Chuta Vista, outside investors may not purchase these spaces and park residents may only purchase one additional space aside from their own living unit. This raises the concern that some spaces -3- may not be purchased. However, the City has agreed to purchase any unsold spaces at the end of the 90 day first right of refusal to alleviate this potential problem. RELOCATION PLAN: Any issue of displacement as a result of the conversion to a resident owned mobile- home park has been taken care of through the funding procedures. Through the assistance of the Housing and Community Development Department of the State of California and the Redevelopment Agency of the City of Chula Vista, every resident in the mobilehome park has the option of purchasing their space at terms and conditions that are affordable. These assistance plans mitigate the economic impact of conversion on the low and moderate income residents thereby avoiding any economic displacement. There are no residents in the park wino will be displaced due to economic concerns. If there are some residents who choose not to purchase even though it is affordable~ a lease plan has been adopted and approved for use in the park. This plan has been approved by the Chula Vista City Council, Redevelopment Agency, and Community Development Department. This lease plan allows those who choose not to purchase to remain in the park at terms and conditions monitored by the Redevelopment Agency of the City of Chula Vista. The purchase and lease programs provided to the park residents preclude any involuntary economic displacement. Every resident, regardless of income, is provided for and protected. Howevers if someone in the park should claim that they have been displaced, and if such claim is upheld~ there are sufficient reserves in the Resident Organization account to provide relocation benefits as required by law to these residents. Dated: October 29, 1986 Submitted by, CONTINENTAL ASSOCIATES u s~fi"g~/M. Hawks Sr. l~oject Coordinator EXHIBIT A The rent program at Orange Tree Mobilehome Park following resident conversion shall be as follows: 1. Program shall only apply to qualified residents who do not purchase their space and wish to remain as renters in the park. The program shall not apply to the rental duplexes or the single family home. 2. "Qualified residents" shall be defined as any resident who resided in the park on April 1, 1986. 3. Space rent for qualified residents shall be guaranteed at a level not to exceed $301.00 for a period of 18 months following · the close of escrow. 4..Space rent for qualified residents after the 18th month shall only be increased to allow pass-throughs of increases in homeowner's association fees, property taxes, and debt service due to new financing. Pass-throughs shall be clearly identified on any rent increase notices issued to qualified residents and shall be documented upon request of the affected qualified residents or the Community Development Director. 5. Space rent for qualified residents after the 36th month shall only be increased to allow pass-throughs of increases in homeowner,s association fees, property taxes, and.debt service due to new financing and of a reasonable return on investment, as defined by formula below. Pass-throughs shall be clearly identified on any rent increase notices issued to qualified residents and shall be documented upon request of the affected qualified residents or the Community Development Director. 6. Reasonable return on investment pass-throughs shall be ~etermined using the following formula: ACTUAL CASH INVESTMENT IN SPACE PURCHASE X MARKET SECOND TRUST DEED RATE AT TIME OF SALE = RETURN ON INVESTMENT. RETURN ON INVESTMENT - 12 MONTHS = MONTHLY PASS-THROUGH FOR RETURN ON INVESTMENT 7. Each current resident desiring to continue renting their space shall be offered a non-transferable lifetime lease incorporating the conditions of the rent program. 8. The Redevelopment Agency of the City of Chula Vista shall have the right to monitor the rent program defined by this attachment. 9. Agency monitoring of the rent program shall be as follows: The Acquisition Association will submit to city semi-annual certified rent rolls, disclosing with respect to each rental space within the park the monthly rent rate. If City determines an audit is necessary to verify a submitted rent roll, it will so notify Acquisition Association in writing thereof. Within ten days after delivery of said notice, Acquisition Association will deliver to City the names of three certified public accountants doing business in the metropolitan San Diego area. City will promptly deliver to Acquisition Association the former's approval of one or more of said names. The audit will be completed by an approved certified public accountant, at Acquisition Associations cost, within 60 days after the delivery to Acquisition Association of City's said approval. The certified public accountant will promptly deliver a copy of the written audit to City. 10. This rent program agreement shall not apply to residents who intend to purchase their space. 11. Term. The term of the rent program shall be a covenant upon the~real property securing the loan and shall run with the land. 12. AGENCY RENT ASSISTANCE PROGRAM. The Agency will provide a rental program for the 19th through the 36th month' following the close of escrow as defined below: A. All low and moderate income residents will be eligible. Low income residents will be defined as households with incomes at or below 80% of the HUD median income for the San Diego Metropolitan Statistical Area and moderate income households will be defined as households with incomes between 80% and 120% of median income. B. Eligible residents will pay $301 or 30% of household income, whichever is more, up to the'amount of the contract rent. The Agency will make up the difference between the amount the household is required to pay and the contract rent. C. Eligible residents ~ust initially demonstrate their eligibility and income. D. Property owners must disclose cost components and escalations to the Agency's satisfaction. E. Rent will be the sum of the mortgage debt service, taxes, and homeowner's fee. SP.# NAMe. PH(~E NO.. SP. RENT. TENANTS. 1. ' BUSH, M. GeE' 4~8 2. HI~N, B. 422 ~89 235.~ 1 3. MoCA~, B.' 425 4649 235.~ 1 ~. '~, W~G~CE 425 0201 U 235.~ 2 5. G~, ~SIE 426 35~ 245.~ 1 6. N0~mN, ~A~ 420 5~ · 245.~ ~ ''' 8. SWANSON, E. 420 ~98 235.~ 9. A~EN, C~ '426 ~28 235.~ 10. SO~MON, ~E .427 7958 245.~ 1~. THOMPSON, B~ 426 6~68 Z55.~ 1 14. VOLZ, p~IS 4~ 8~8~ ~4~.~ 15. D~CA~, R~H 4a6 a995 ~45.00 1 16.' MO~m.t, W/A 4~6 ai6l 17. TYS~, ~/~RY 425 5~9 2~.~ 2 18. ST~A~, ~A' 422 6841 a45.~ a .. 19. G~ISIG~, ~ 427 4111 245.~ 2 20. ~IL, ~ 420 2~5 245.~ 1 21. ~Y, E. 426 9649 245.~ 1 22. W~S~R, 'C/S 422 9420 U e45.~ 2 zS. MO~, F.M. 4~5 5Z95 ~45.~ 24. . M~O~.~3~ND, M.' 425 20~ 220.~ · 2~. ~R~, ~ 422 2~ 2~5.~ 26. ~p, L./A~S, ~. 4~O 57~ 27. KZS~, ~ 420' 8~ 245.~ 28. ~O~N, J/~ 42O ~45 255.~ 2 42~ ~ 2~-~ 1 29, WA~CE, H, .. ..' ~. ~t R, none. ~ CH~S~ANSON, S~ ~7 9377 ~. JOHNSON, C~ 425 3153 245.~ 2 ~ ~IA', H/& SON 420 6688 235-~ 2 ~. TR0~0N, E. 4~ ~5 ATTACHMENT "B" H~NO, A/M 420 1~9 245.~ 2 39. ~ST, B~ 691 9~7 245.~ 2 40. WAT~, D.. 426 4840 245.~ 2 ~1. LUST~, ~ 427 11~ 245.~ 2 ~2. WA~, J~ 426 8016 245.~ 2 43. NOE, G. 426 2198 245.~ ~ 45. ~, PAT 420 2~5 235.~ ~ 47. H~K, C. 427 8695 235.~ 1 48. RO~, D~ ~26 8760 235.~ 2 51. SC~D, D. 427 2979 245.~ '1  STAVe, G~ 420 ~39 245.~ 2 O~VA, ~ 426 3295 245.~ 2 55. G~E, D. 426 22~ 220.~ 1  CA~0N, H~ 420 0583 245.~ 2 ~. SH~PA~, J. 427 6243 245.~ 1 64. ~S~WA, T. 691 0767 245.~ 1 67. ~DILY, K/~ 2~5.~ a 68. JONSON, J~ 420 6113 245.~ Z 69. ~CN, M. 426 1824 ~45.~ 1 BU~E, B~ 422 ~ 245.~ . 2 73. HA?~.~KER, J/L 420 8369 ~ lo00 2 74. LOXTERMAN, O. 427 4648 235.00 1 275. F~A~EL, B/~ 427. 2135 245.00 2 /76. SMITH, 0. 427 0458 245.00 1 /~ EVANS, E. .- 420 559~ 245.00 1 FUGATE, W/~ 426 0197 245.00 2 ~79. H~BER, L. 420 9066 245.00 1 80. ANDERSON, W/S 427 8767 245.00 .. 2 81. KLEROWSKI, S/M 422 0373 245.00 2 82. LOVESEE, G/C 426 9775 235.00 2 ~3. KEENAN, TERW-~ 691 9364 235.00 1 84. TUREMAN, R. 422 3254 235.00 1 85. ADAMS, R/E '420 6943 245.00 2 86. $CHNICK, F/& 425 8625 235oC~3 2 87. }L~T~', J./McLEAN, R. 427 3782 235.00 2 88. ~oss~N, wA~ 425 9556 235.00 2 89. KOLV~(, C/E 427 0736 235.00 2 90. GIBSON, A. 427 7237 245.00 1 91. ARINSBERG, Y. 422 3518 235.00 1 92. MERINO, E. 427 6694 245.OO 1 93. Y0$NIOKA, J/M 420 8856 245.00 2 94. MAMAT, E/$ 425 2270 245.00 2 9~ FLIPPIN, W. 420 9708 245.00 2 ¥. YOUNG,. T/P 427 7378 245.00 2 97. BENGTSON, S. 691 7635 245.00 1 98. FRENCH, D/G 427 6638 245.00 2 99. MARTIN, B. 42O 1785 ~ 245.OO 1 100. CHAVF~, A/-~ ~20 9596 245.00 2 101. W~0N, E. 425 2193 696 2000 245.OO 2 102A~ LARS~, O. 426 3048 3OO.00 2 102N~ GA P.~A RD, M. 300.00 1 103. CASTILLO, $. ~27 3238 245.00 1 104. MARTEL, P. 426 7096 245.00 1 105. CHASE, L. ~27 9391 245.00 2 106. SZABO, T. ' ~20 7193 245.00 1 106A. BEtHEl, W/M' 427 7988 245.00 2 107. JONES, M. 425 4814 245.00 1 108. MILL~, J/M ~27 2291 245.00 2 109. HICKMAN, A. 425 O415 245.00 1 110. ALBERT, E. 420 6750 245.00 111. ALLEN, J. & B. 691 0.508 245.00 2 112. GERACI, M/C 422 2673 483 1861 245.OO 2 113. PLAN~, J/~ 426 6723 245.00 2 114. McCALVIN, (]/E 427 4537 245.00 115. SHULER, B. 426 8365 245.00 1 116. SKILL, W. 420 115~ . 250.00 117. ROE, O/M 427 1648 245.00 118. BUZZ~, A. 420 6846 . 235.00 119. MOORE, L/L 422 9016 245.00 120. KARCHER, D. ~26 8419 245.00 2 121. SCHMIDT, H. 426 3641 235.00 1 122. POWZLL, E.R. 425 8045 235.OO 123. KORTING, E/D 420 2~19 245.00 ~ FILE, E/L 422 4801 235.00 2 125. FRENCH, B. 691 18~4 220.00 1 126. NOVAK, C/J 422 3671 245.00 1~7. NOVAK, G/V 426 3337 245.00 2 128. DOUGAN, R/L 425 7918 245.00 2 129. McALPIN, O. 420 7195 U 235.00 1 131. BROUIIJ. ARD, A. 422 8763 245.00 1 132. DOUGAN, R/T 427 9868 245.00 133. BLA~SKI, J/m 425 3634 '220.00 2 134. .HURST, E. 426 6109 245.00 1 135. NAMRICX, O/M 422 6970 245.00 2 136. LUCA$, O. 425 5278 U 245.00 2 137A:~ HARPER, R/~ 425 1416 300.00 2 l~TB. ' SMITH, L. 420 5314 U 300.OO 1 138. JOHNSTON, D./BROWN 422 16~0 2~5.OO 2 139. BE~DT.F-q, J/I 420 5513 245.00 1~0. COVERT, ¥/L 427 8176 245.00 1~1. BEARD, J/~m 421 1434 245.00 2 142. STEAGALL, ¢. 427 1325 23~.OO 2 143. BERTGES, F. 426 6980 245.OO 1 144. HORTON, J/R 691 1903 245.00 2. 145. KEHOE, E. 426 7052 245.00 2 146. HRIGORA, E/L 420 9319 235.00 2 147. DI ZON, B~'IT Y $2~.00 1 148. MoYER/STEV1~S 691 0081 235.00 2 149. SNIP, M. 426 4338 235.00 1 150. SANFORD, B/S 420.3391'' 245'00 2 151. REDDEN, M. 420 7916 235.00 1 152, THOM, M/J 425 271-2 239.00 2 475 01tANGE AVE., WA~mERO, D/M 691 97'12 ASST. ~OR. 4 VERIFICATION STATE OF CALIFORNIA, COUNTY OF { have read L~C forcgoinl' I~ CHECK; APPLI~BLE PA~O~PH I ~m a parly to th~ a;~on. ~o m~t~cri ~tat~ in it ~ tru; of my own knowl;d~ ~cpt ~ to ~h'~ matt;~ which {[ai{d on }nform~t{on ~nd b~lJ~, ~d ~ ~ tho~ mattors I b~l{~vo th~m lo b~ true. a pur~y IO ~hi~ ~ctJon, and am author~ to makro ~ v{rifio~tion for and on i~ behalf, and { mak~ ~hii verification for ~h~ r~on. { haw road ibc forc{o[ng documon[ ~d know iu conirn~. ~ m~itors slated [n }[ urr truo or my own knowlcdG~ I am one of Ih~ ntlorn~yt for ' a p~tly io ih}s ~ct[on. Such pa~y ~ abbot from tho ~ounty or sforol~{d wh~ro such ~ttornoys haw {ho~r offices, and 1 ~his wr{~c~don for and on h~half ct that party for that r~on. { havo r~d Ih~ for~Boh{~ documont ~nd know {[~ coolants. I ~m informed ~nd bdi~vo and on that ~rognd all{~o that lbo m~ttors ~t~t~d in it ar~ Executed on . {9~ al California.. ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than aummons and complaint) Rc¢civcd copy of document d¢~tibcd is on 19 PROOF OF SERVICE aY MAIL STATE OF CALIFORNIA, COUNTY OF I am employed in the county o{' ~=. fl{,~,~ . Slalc of California. I am ov;r Ih; ag; of 18 and hal a parly to Ihe wigan ~tion; my bu~in~ addr~s {~7~70 ~ ....... ~ + qan BiPc~. '~A q~111 On .T~ 30. ]9~ I ~ Ibm for;going d~um~n} d~r{bcd ,,, .Fo~D - 180-~y Notiee of in thio action by placing a truo copy theist mnclo~ in a ~al=d cnvclo~ with ~siagc thcrcon fully prepaid in Ibc Uti{ted ~ialci mail ar addtca~d as follows: See Attachment Exblblt A [] (BY MA. IL) I cauc~d such covclop~ wilh paslaga Ihcr~n fully prcpaid to bc plac,:d in thc Unilcd' Slates mail .1 San uEeOo , California, ~ (BY PERSONAL SERVICE) I'caq~ such ~nvclo~ to ~ dcliwrcd by hand to thc offlccs of thc addrcss~. Exccmcd on . {~ al . California. ~ (Sialc) I dcclarc under ~na{~ of ~rju~ undrr Ibm lawa of {he SlaIc of California Ihal thc ibovg is I~uc and corral. ~ {Federal) I dcclarg Ihat I am rmpIoyM In Ihg off~ of a mcmbrr of Ihg bar of Ihla gourl at who~ dirocdon Ibc ~ic~ was madg. ATTACHMENT "C" NAME: DATE: August 4, 1986 SPACE NO. TRACT NO. Unassigned 180-DAY NOTICE OF INTENTION TO CONVERT Please be advised that the mobilehome park commonly known as ORANGE TREE MOBILE HOME CLUB, and located at 521 Orange Avenue, Chula Vista, California, is in the process of being converted to Condominium. As you probably know, California law requires that residents in projects being converted to Condominium be allowed a period of ninety (90) days from the date of issuance of the final subdivision report by the Department of Real Estate in which to decide whether or not the resident is willing and/or able to purchase the space he or she occupies. Upon issuance of the final subdivision report, you will be notified and given the right of first refusal to purchase your space. This notice is given pursuant to California Government Code Section 66427.1(c). DATE: August 4, 1986 CONTINENTAL--ASc©C~-ATES~- _~ /· Brooks M. London Form D VERIFICATION STATE OF CALIFORNIA. COUNTY OF I have read the foregoing and know its contents. [~ CHECK APPLICABLE PARAGRAPH [] I am a party to this action. Thc matters stated in it arc truc of my own knowledge except as to those matters which arc stated on information and belief, and as to those matters I believe them to bc true. [] I am f'l an Officer [] a partner [] a of a party to this action, and am authorized to make this verification for and on its behalf, and l make this verification for that reason. I have read thc foregoing document and know its contents. The matters stated in it arc true of my own knowledge ] except as to those matters which arc stated on information and belief, and as to those matters I believe them to be true. I am one of the attorneys for a party to this action. Such party is absent from thc county of aforesaid where such attorneys have their offices, and 1 make this verification for and on behalf of that party for that reason. 1 have read thc foregoing document and know its contents. I am informed and believe and on that ground allege that the matters stated in it are true. Executed on , 19--.-, at California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Received copy of document described aa on 19 Signature PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF I am employed in thc county of San D ! c-3c . State of California. I am over thc age of 18 and not a party to thc within action; my business address is: ?c~70 Convoy Ct. San Dieqo, CA 92111 On April 21 198_~6 Iservedthcforegoingdocumcntdescribeda~ Form A Notice.of?ha,.nqc:t?l° Use. Form B Notice of Filinq of Tentative Map and Int~en~ion to File ~oP$~ n For Public Report. in this action by placing atruc copy thereof enclosed in a scaled envelope with postage thereon fully prepaid in thc United addressed as follows: See Attachment Exbiblt A [~ (BY MAIL) I caused such envelope with postage thercon fully prcpaid to bc placed in thc United States mall al San Diego , California. [] (BY PERSONAL SERVICE) I'caused such envelope to be delivered by hand to thc offices of the addressee. Executed on April 21 1986 a! San Oieoo ,., California. r~r] {State) I declare under penalty of perjury under the laws of the State of California that thc above is true and correct. ~ (Federal) I declare Ihat I am employed in the office of a member of thc bar of this court at whose direction thc service was made. N,~I~: DATE-' April 21, 1986 SPACE NO. ~ ~ TRACT NO. Unassiqned NOTICE OF CHANGE OF USE Please take notice that on or after April 1, 1986, the undersigned agents on behalf of the mobilehome park commonly known as ORANGE TREE MOBILE BOME PARK, will be appearing before local governmental bodies to request permits for a change of use of the mobilehome park from the present manner of ownership to a Condominium. Further, you shall be provided with written notice of the actual date, time and place of all hearings before such governmental bodies, at least fifteen (15) days prior to the date(s) thereof. This notice is given pursuant to California Civil Code Section 798.56 (f) (1). DATE April 51, 1986 CONTINENTAL ASSOCIATES By I -~-~-~--~__ NAME: DATE: April 21, 1986 SPACE: ~ TRACT NO. Unassigned NOTICE OF FILING OF TENTATIVE MAP AND INTENTION TO FILE APPLICATION FOR PUBLIC REPORT The undersigned agents of ORANGE TREE MOBILE HOME PARK, located at 521 Orange Avenue, plan to file a tentative map with the City of Chula Vista to convert this Project to a Condominium. You shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66542.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. Further, please take notice that the undersigned will be submitting to the Department of Real Estate, State of California, an application for the issuance of a public report in connection with the proposed sale of lots located within the above-referenced mobilehome Project. The public report will be made available to all occupants, residents and owners upon issuance thereof. This notice is given pursuant to California Government Code Section 66427.1(a). DATE April 21~ 1986 CONTINENTAL ASSOCIATES Form B SP.~ NA~ PH~ NO.. SP. ~? T~AN?S 2. , HI~N, B. 422 ~89 235.~ 1 3. M~CA~Y, B. 425 4649 235.~ ~. '~, W~G~CE ~25 0201 O 23~.~ 2 7. ~N, E.~. 420 ~927 245.~ 2 8. ~oN, z. ~2o ~98 9. A~EN, C~ '426 ~28 lo. SO~MON, ~ .427 ?958 a45.~ Z ~3. ~, ~ 420 68~7 245.~ 14. VOLZ, P~I~ 425 8282 249.~ 2 15. ~CA~, R~H ~26 2995 2~5.00 1 16. ' MOP~3., W/A 426 2~61 245.~ 18. S~A~, ~A' 422 6841 245.~ 20. ~IL, T~ 420 2~5 245.~ 1 22. W~, 'C/S 422 9420 U 245.~ 2 23. MO~, F.M. 425 5195 24. . McCI-~.T~ND, M.. 425 2~ 220.~ · 25. ~, ~ 4ee eS~ 235.~ 26. H~P, L./A~S, L. 420 37~ 245.~ 2 ~ CH~S~A~ON, S~ 427 93~ ~. JO~, C~ 42~ 3153 245.~ 2 ~ ~I~, H/& ~ 420 6688 35. ]I~TZ, H. 426 2539 245.~ 1 39. FAST, B/~ 691 9567 245.00 2 40. WATERS, D.. 426 48~O 245.00 2 43. NOE, ~. ~26 2198 ~4~.~ 1 ~7. ~K, C. ~27 869~ 235.~ 1 48. RO~, D~ ~26 8760 ~. C~, K~ 425 92~ 245.~ 2.  $TAVA',' G~ 420 ~39 245.~ 2 O~VA, ~ ~6 ~95 ~. S~PA~, J. 427 62~3 245.~ 1 O'CA~O~, ~ ~e50~5 245.~ 2 61. K~, B~ 420 5392 245.~ 2 68. Jo~gN, J~ ~2o 6113 2~5.~ 2 ?4. IDITE~MAN, O. 427 4648 ~. A~, W/S 427 ~767 81. ~W$~, 8~ 422 037~ 82. LOV~, G/C 426 9775 84. TO~N, n. 422 ~ 85. ADA~, R/E 420 6943 87. ~T~', J.~c~, ~. ~27 3782 91. ~NSB~, Y. 422 ~518 92. ~NO, E. ~27 6694 93. YOS~0~, g~ 420 88~ 94. ~T, ~S ~25 2270 9(9~ F~PPIN, W. 420 97~ YOU~, T~ 427 ~378 97. ~TS~, S. 69~ 7635 ~. ' ~CH, D/C 427 66~ 1~. C~V~, A/S ~20 9596 ~01. ~0~, E. ~25 2~9~ 6~ 10~. C~SE, L. 427 9~91 1~. BE~, v~' 42? ~88 ~2}. xo~, ~ 420 2~9 2~9.~ 2 ~. ~owx, o~ ~26 }}}7 2~.~ z 13~. ~CK, O~ ~22 6970 2~.~ 2 1~. 40~S~, D.~WN ~2~ 16~O 2~.~ Z 139. B~DLW-% J~ 420 ~513 ~o. co~, F~ 42~ 8~76 147. DI ZON, B-~T~ $245.00 1 14~. MOYER/$TEV~S 691 ~1 235.~ 2 149. S~, M. 42~ 43~ 235.~ 1 1~. ~, B/~ 420.3391' ' 245.~ 2 1~. ~DD~, M. 420 7916 235.~ 1 15~ .... ~OM, ~J 42~ 2~2 23~.' 2 475 O~E A~., WA~, D~ 691 9~2 A~T. MGR. 4 ' A%£ACHMENT D NOTICE OF PUBLIC HEARING AND AVAILABILITY OF TENANT IMPACT REPORT 1. Please take notice that on November 19, 1986,~at 7:00 PM, the City of Chula Vista Planning Commission will hear a request for a permit for a change of use of Orange Tree Mobilehome Park from the present manner of ownership to airspace condominiums. You have the right to be heard at this hearing. This notice is given pursuant to California Civil Code Section 798.56(F)(1) and California Government Code Sections 66451.3 and 66452.5. 2. Please note that a copy of the tenant impact report is available in the small clubhouse and the park office for your review. This report addresses the impact of the conversion on the park residents and the potential for displacement. This report is made available pursuant to California Government Code Section 66427.4. Date: CONTINENTAL ASSOCIATES CITY OF CHULA VISTA DISCLOSURE STATEMENT IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. . The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. List the names of all persons having any ownership interest in the property involved. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to {1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No If yes, please indicate person(s) IPerson is defined as: "Any individual, firm, copartnership, joint ventu.re, association, ~ club, fraternal organization, corporation, estate,, t. rust, receiver, syndicate, this and any other county, city and county, city, mun~c.~paltty, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary.) Signature of ap'plica~t/cFate WPC 0701P ~r?_~ ~ ~_ A-110 Print or type name of applicant City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 1 5. PUBLIC HEARING: (a) PCZ-87-F: Consideration to rezone lO.1 acres known as Corona Vista, located northeast of Otay Lakes Road at the southeast terminus o~ Uamino klevado ~rom R-I-IO-H-P to R-I-IO-P - DeMenge-Cerotti (b) PCS-87-1: Consideration of a tentative subdivision map for Corona Vista, Chula Vista Tract 87-1, located northeast of Otay Lakes Road at the southeast terminus of Camino Elevado - DeMenge-Cerotti (c) P-87-6: Consideration of Precise Plan adopting plans and standards for the development and/or maintenance of the lots and common areas within this project - DeMenge-Cerotti A. BACKGROUND [he proposal involves a request for a rezoning, tentative subdivision map, and precise plan for the development of 14 single family residential lots and common open space on 10.1 acres located northeast of Otay Lakes Road at the southeast terminus of Camino Elevado. An Initial Study, IS-87-24, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on November 7, 1986, 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-87-24. 2. Based on the findings contained in Section E of this report, adopt a motion recommending that the City Council approve PCZ-87-F, PCS-87-1 and P-87-6 subject to the following conditions: a. All common areas, including the private street, open space lots and improvements, and entryway shall be owned and maintained by a homeowners association. The association will also be responsible for maintaining the special treatment areas surrounding the Camino Elevado cul-de-sac and the 25 ft. landscape corridor adjacent to the private street. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 2 b. The developer shall grant to the City an open space easement over lots A and B in order to restrict development on these lots. An open space maintenance district shall be formed for the maintenance of open space lots A and B, to be activated as necessary at the descretion of the Chula Vista City Council. c. The landscape concept plan, including the development standards, open space lots, crib wall, entryway treatment, and retaining wall along Otay Lakes Road shall be subject to review and approval of the City Landscape Architect prior to approval of a final map. The plans shall include provision for correction of the on-site erosion problem created by reservoir overflow to the north of the property. d. The development standards shall be revised to reflect a 45% floor area ratio, a height limit of 28 ft., and a lot coverage restriction of 40%. References to landscaping and irrigation are subject to further review and approval by the City Landscape Architect. All references to maintenance district shall be changed to homeowners association, and the document shall make reference to the underlying provisions of the R-l-lO zone where not superseded by the development standards. e. A comprehensive wall/fencing program shall be submitted for review and approval prior to approval of the final map. The plan shall include the provision for a decorative wall along those lots exposed to Otay Lakes Road. f. A lighting program for the guest parking areas shall be submitted for review and approval prior to the approval of the final map. g. The developer shall be required to pay park acquisition and development fees prior to recordation of the final map. RCT fees shall be assessed with the issuance of building permits. h. The cul-de-sac at the end of Camino Elevado shall conform to Chula Vista Design Standard 7 unless approved by the City Engineer. The property line radius in t~e cul-de-sac shall be 50 feet. i. The entry gate and associated items shall not be located within the dedicated public right-of-way. j. All lots shall drain to the private streets or to approved drainage systems. Each back yard shall have an individual inlet of sufficient size to guarantee that flooding will not occur during a lO0 year design storm, with the inlet operating at 50% efficiency. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 3 k. Storm drains shall be extended to outlet at established water courses. Extension may be in the form of concrete brow ditch or concrete pipe. Storm drain systems shall be maintained by the homeowners association. 1. Developer shall submit evidence acceptable to the City Engineer to demonstrate that Otay Lakes Road is capable of accepting the amount and nature of storm drain runoff as proposed. Specific method of handling storm drainage through the proposed Lot "A" to the inlet adjacent to Otay Lakes Road shall be approved by the City Engineer. m. Prior to approval of the Final Map, the developers shall enter into a development agreement with the City wherein the developer agrees to the following: 1. To pay his fair share of the cost of public improvements to be provided under the public financing plan and development agreement. 2. To not protest the establishment of a facilities benefit assessment district. n. The developer shall be responsible for the construction of street improvements as shown on the Tentative Map. Said improvements shall include but not be limited to street pavement, street lights, drainage facilities, sewers, curb, gutter and sidewalk and fire hydrants. o. All streets shall meet the requirements of the subdivision manual. Structural design of the interior streets shall be based on a traffic index of at least 4 using the "R" value method. Camino Elevado shall meet the requirements of the Subdivision Manual for public streets. All interior streets shall be private and shall meet the following requirements: 1. Minimum design speed limit of 15 mph. 2. Pavement of Portland cement. Detailed horzontal and vertical alignment of the centerline of said streets shall be reflected on the improvement plans for the subdivision. p. Street improvements in Otay Lakes Road shall be designed in accordance with Chula Vista Drawing T-599. Improvements shall include street lights as required by the City Engineer. q. The developer shall grant sewer easements for all public sewers. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 4 r. The declaration of covenants, conditions and restrictions shall include provisions assuring maintenance of all private streets. The City of Chula Vista shall be named as a party to said declaration authorizing the City to enforce the terms and conditions of the declaration in the same manner as any owner within the subdivision. s. Sewers serving l0 or less units shall have a minimum grade of 1%. t. An erosion and sedimentation control plan shall be prepared as part of the grading plans. u. Prior to action by Council, the school districts shall notify the City in writing that they have reached an equitable agreement with the developer regarding school facilities. v. The developer shall record CC&R's establishing the homeowners association and outlining its responsibilities. The CC&R's shall include the development standards as finally adopted and approved. The City shall be made a party to the CC&R's and a copy thereof shall be filed with the City for review and approval prior to their recordation which shall occur concurrently with the recordation of the subdivision map. C. DISCUSSION Adjacent zoning and land use North R-E-P and R-l-lO Bonita Ridge Estates and water tank South P-C Otay Lakes Road and ERDR East R-E and P-C Bonita Long Canyon and Bonita View Terrace West R-I-IO-P Bonita Ridge Estates Existing site characteristics The project site is a lO.1 acre parcel lying northeasterly of Otay Lakes Road, immediately to the south and east of the Bonita Ridge Estates Subdivision, and immediately to the west of the Bonita Long Canyon development and Bonita View Terrace PUD. The site slopes steeply down on the northeast and southwest, with a knoll and low ridge running from northwest to southeast representing the developable portion of the property. Access to the site is via Camino Elevado which terminates at the northwesterly boundary of the property. Proposed project The proposed project consists of creating 14 single family lots served by a 20 ft. wide private street. It would be a gated community with access off Camino Elevado, which would be cul-de-saced on-site and treated with special paving, walls and landscaping. Two open space lots totaling 5.5 acres would be retained on the northeasterly and southwesterly portions of the site. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 5 The lots would be developed with 14 single family homes served by two-car garages and 16 guest parking spaces located in bays along the private street. The cut and fill slopes within the open space areas would be replanted with native materials. A 25 ft. landscaped area on each side of the private street would be planted with street trees, accent planting and ground cover. All common areas, including the project entry, private streets and open space areas as well as the 25 ft. landscaped areas adjacent to the street would be maintained by a homeowners association. D. ANALYSIS The subject property was rezoned from R-l-lO to R-I-IO-H-P in 1974 as part of an overall program to apply the "H" Hillside Modifying District to those properties east of 1-805 which possessed an average natural slope of at least 8%. With an average natural slope of 26.9%, this property would be permitted 6 dwelling units and 72.5% {7.3 acres) of the site would have to be left ungraded under the existing Hillside Zoning (while the applicant proposes 14 dwelling units and 3.7 acres left ungraded). Since 1974, however, the "H" Modifier has been removed from one parcel after another, and not one development has actually proceeded under its density and grading limitations. The severity of these limitations when applied to small holdings involving steep terrain, along with the ability to control density and grading through the "P" Precise Plan requirement have been the primary reasons staff has supported most of the requests to remove the "H" Modifier. For these same reasons as well as bringing this site into conformance with adjacent R-I-IO-P zoned property, we recommend approval of the rezoning request. The proposal for 14 units on lO.1 acres equates to a gross density of 1.2 dwelling units per acre, which is well below the 4-12 dwelling unit range authorized under the General Plan and the 40 units allowed under the basic R-l-lO zone. The proposal is for a reasonable amount of grading and density consistent with the development of estate-type homes compatible with homes to the west on Camino Elevado. The tentative subdivision map shows the 14 lots on the northwesterly to southeasterly portion of the site. The steeper slopes on the southerly and northeasterly portions of the property are proposed as natural open space areas. The lots conform with the R-l-lO zone, being a minimum of lO,O00 sq. ft. with an average lot size of 12,850 sq. ft. Several of the lots are designed for split level homes in order to minimize grading. The lots are served with a 20 ft. wide private street wi th no on-street parking and guest parking bays for 16 cars. Turn-arounds for fire equipment are provided at each terminus of the private street. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 6 A portion of private street adjacent to open space lot A will be retained with a crib wall and guard rail. A retaining wall varying from 4 ft. to 10 ft. in height is proposed along Otay Lakes Road. The subdivider will al so dedicate and improve a section of Otay Lakes Road. The tentative map is sensitive to the site considering the estate type lots proposed. The private streets are narrow in order to minimize earth work, but they are in a hillside area and will be privately maintained and not accessible to the general public. Guest parking bays have been provided in order to offset the loss in on-street parking. We therefore recommend approval of the tentative map based on the findings listed at the end of this report and subject to the conditions listed under Section B. Under the "P" Precise Plan requirement, the applicant has submitted a landscape concept plan, entry details, architectural elements plan, and proposed development standards. As noted above, the landscape program includes replanting the cut and fill slopes in the open space areas with natural materials and establishing a 25 ft. corridor of landscaping on each side of the private street, including street trees, ground cover and accent planting around the guest parking bays. Also screen planting will be used to soften the view of the crib wall from Otay Lakes Road, and the Camino Elevado cul-de-sac and entranceway will be ~pecially treated with a combination landscaping, walls and textured paving. All of the common areas, including the private street and open space lots, aod the entryway and special treatment around the Camino Elevado cul-de-sac will be owned and maintained by a homeowners association. The homeowners association will also be responsible for the maintenance of the 25 ft. landscape corridor adjacent to the private street. It is recommended that the City receive an easement over the open space areas in order to restrict development, and that an open space maintenance district be formed but not activated in order to allow the City to assume maintenance if standards are not being met by the homeowners association. It has also been recommended that the details of the landscape concept plan, entr~ay and cul-de-sac treatment, and the wall/planting adjacent to Otay Lakes Road be subject to review and approval by the Ci~v Landscape Architect. The lots will be developed with custom homes described as Early California Ranch with stucco and wood, tile roofs in earth tones, and brick accents. The development standards include criteria regarding future grading, fencing, setbacks, heights and lot coverage, and these would supercede the underlying standards of the R-l-lO zone. We have recommended that a 45% floor area ratio be added and the height limit be changed from 30 ft. to 28 ft. and lot coverage from 50% to 40% to conform with the R-l-lO standards. Additional revisions to the development standards would include changing any reference to maintenance district to homeowners association and further review by the City Landscape Architect on planting and irrigation details. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 7 In conclusion, with the conditions outlined in the report, we recommend approval of PCZ-87-5, PCS-87-1 and P-87-6. E. FINDINGS Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Corona Vista, Chula Vista Tract 87-1, 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 project density of 1.2 dwelling units per acre is consistent with the General Plan density of 4-12 dwelling units per acre authorized for the site. b. Circulation: The lots will be served with a 20 ft. wide private street due to the hillside topography and the provision of guest parking bays. c. Housing: The project will provide estate-type housing consistent with the zoning and development pattern in the Bonita area. d. Conservation: Open space lot A is to be left as a biological open space lot serving as a transplantation site for sensitive plant species found in existence on the property. e. Park and Recreation Open Space: More than 54% of the property will remain as open space. f. Seismic Safety: The project site is not adjacent to a located or inferred fault. g. Safety: On-site fire hydrants are shown and turn-arounds have been provided for fire equipment. h. Noise: The units will be required to meet the interior noise level standards of the UBC. City Planning Commission Agenua Items for Meeting of November 19, 1986 Page 8 i. Scenic Highway: A landscape concept plan has been submitted for the portions of the property abutting the Otay Lakes Road Scenic Route. Additional review of landscaping and wall/fencing details has been made a condition of approval. j. Bicycle Routes: Portions of the property will be dedicated and improved for the widening of Otay Lakes Road, a designated major bike route. k. Public Buildings: No public buildings are proposed or required 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. 5. Pursuant to Section 19.14.576 of the Municipal Code, it is further found that: a. The plan, as conditioned, meets the requirements of the subdivision map act and sound development practices for hillside development. All necessary improvements including drainage facilities will be required with the development. b. The property is unique by virtue of its topography and access and therefore requires the flexibility in site planning and conditions of approval afforded by a precise plan. c. The development, as conditioned, meets all of the underlying requirements of the R-l-lO zone. d. The plan conforms with the General Plan designations for the property and the distribution of dwelling units and open spaces conforms with the City's Hillside Development Policy. WPC 3339P v' ~NYON SPA PRO,ii[CT AREA ""-.....~ BONITA VISTA negative declaration PROJECT NAME: Corona Vista PROJECT LOCATION: North side of Otay Lakes Road, east of Camino Elevado PROJECT APPLICANT: DeMenge-Cerutti CASE NO: IS-87-24 DATE: November 7, 1986 A. Project Setting The project site is a lO.1 acre parcel located on the north side of Otay Lakes Road, east of the terminus of Camino Elevado and west of the Bonita View Terrace subdivision. The property is vacant with significant slopes forming a' low ridge and saddle trend roughly northwest to southwest through the center of the site. Elevations range from 460 feet above mean sea level in the south to 322 feet in the north. The property is surrounded by single-family subdivisions north and west, a planned unit development to the east, and additional vacant acreage to the north. Otay Lakes Road borders the southern boundary of the site. The upper ridge portion of the site consists of disturbed weedy vegetation over land that had been previously cleared, creating a flatter terraced effect. Some dumping activity was noted. The slopes over the balance of the property consist of natural vegetation overgrown with inland sage scrub, a regionally typical plant community. B. Project Description The proposed project consists of grading and filling of some slopes to create 14 lots for constructio~ of 14 single family homes, 2 stories with approximately 3,000 sq. ft. Project circulation is provided through a private road system serving each of the 14 lots. Approximately 44 parking spaces will be provided, 16 of which will be guest spaces. The sloped areas north and south of the proposed lots will be left as natural open space; lot A is to be left as a biological open space lot serving as a transplantation site for sensitive plant species found in existence on the property. Overall, the net density for the project is 1.43 dwellings per acre. C. Compatibility with Zonin~ and Plans The project, in order to subdivide into 14 single family lots, is required to obtain a rezone of the property from R-I-IO-HP to R-l-lO-P, along with the filing of a precise plan and tentative subdivision map. With approval of the rezone application, the project will be in compliance with the R-I-IO-P zone, and is compatible with the Medium Residential (4-12 dwellings per acre} land use designation outlined by the General Plan. ~.~ff~ city of chula vista planning department CI1YOF } environmental review section. CHULA VISta, -2- D. Identification of Environmental Effects Soils The Engineering Department has indicated that the vicinity of the project has been known to contain areas of expansive soils. A soils report performed on the site by Geotechnical Exploration Inc. concluded that the site is predominantly composed of sandy formational materials with a thin covering of slope wash top soils and minor amounts of fill. Loose fill soils cap portions of the slope wash topsoils in the northern and northwestern portions of the site and occur as localized loose veneers elsewhere on the property. The report recommended removal of the loose fill and slopewash topsoils, preparation of native ground, and replacement with properly compacted fill. These recommendations will be incorporated as requirements of the grading plan filed with the Engineering Department. ileise The project area is located adjacent to Otay Lakes Road, a major road with a traffic count of 12,694 ADT, which has the potential for subjecting future homeowners in he subdivision to unacceptable noise impacts. An acoustical analysis of the site was performed by Computerized Acoustics and determined that the present and forecasted traffic noise impacts within parts of the proposed project might exceed CNEL of 65 dB limit specified by the City of Chula Vista noise control regulations. However, with incorporation of a 3-1/2 foot solid wall along the edge of the pads of lots, noise levels would be reduced below the 65 dB limit, and therefore, below a level of significance. The incorporation of a solid wall for lots adjacent to major roads is a standard development regulation required as part of the building permit process. Geology The Engineering Department has indicated that an Engineering Geology Study is required prior to development of the site for 14 homesites. The purpose of the study is to evaluate the potential for the occurrence of liquifaction, landslide activity, or the detection of any faults throughout the property. This is a standard requirement for submittal of improvement plans prior to development. Examination of the California State Department of Mines and Geology report maps which fault and land slippage activity, shows that no faults or slide areas have been detected previously, either on site or within the immediate vicinity. -3- Biology A biological survey performed by Vince N. Scheidt, environmental biologist of the project site has identified three sensitive plant species: Coast Barrel Cactus, Mesa Club Moss, and San Diego Sunflower; and two sensitive animal species: California Blacktailed Gnatcatcher and Orangethroat Whiptail, which have been cited on the property. The report concluded that with uncontrolled development, a number of significant impacts would result, and are listed as follows: 1. The loss of numerous individual specimens of five sensitive species. 2. The loss of areas of intact, good quality native Inland Sage Scrub vegetation. 3. The degradation of adjacent natural areas through resource continuity disruption and the attraction to the site of additional invasive and/or "pest" species, such as Starlings and English Sparrows. Mitigation is proposed and is incorporated into the project that will serve to minimize the effects of residential development on these species, and is incorporated in the proposed mitigation section in this report. Cultural Resources An archeological survey of the proposed Corona Vista development was conducted August 9, 1986, by John R. Cook. The results of this survey were negative in that no prehistoric archaeological resources were identified within the subject property. The survey was necessary due to the fact that the property is vacant and except for the top of the ridge line, has been undisturbed, creating a potential for archaeological resources to be located on site. Four prehistoric archaeological resources have been identified by previous investigators within a mile radius of the project. Schools The proposed 14 home development will generate approximately 15 students attending Allen Elementary School, Bonita Vista Junior High School and Bonita Vista Senior High School. Bonita Vista Senior High School is currently operating with attendance levels over capacity. Nowever, the payment of school fees required by the district to alleviate overcrowding through financing of additional facilities reduces the potential adverse environmental effect to a level below significance. The fees are a standard development regulation required prior to granting of building permits. -4- Parks The Parks and Recreation Element of the General Plan specifies that ll acres of park land are required in the area, while there is no acreage currently developed to fulfill that ll-acre requirement. The payment of park fees prior to issuance of building permits serves to mitigate any adverse environmental effect, and is required as a standard development regulation. Roads The Engineering Department, in addition to standard requirements for providing streets, curb, gutter, and sidewalk, and street lights throughout the interior of the project, is also requiring 2 feet of additional right-of-way along Otay Lakes Road in order to increase the right-of-way to its ultimate width. This is a standard development regulation required prior to instituting improvements on the site. Fire Protection In addition to standard development requirements to provide four hydrants on site, the Fire Department is also requiring approved turnarounds for dead-end access roads in excess of 150 feet and a Knox Box for the proposed gated entry. These are code requirements which serve to reduce any adverse environmental effects which would stem from inadequate provision of fire service to the area, to a level below significance. E. Mitigation necessary to avoid significant effects 1. Soils The removal of loose fill and slope wash topsoils, preparation of native ground, and replacement of properly compacted fill will mitigate any adverse significant environmental impacts stemming from the existence of expansive soils on site. 2. Noise The standard development requirements which specify incorporation of a solid wall for all lots adjacent to major roads is a standard development regulation which mitigates any adverse environmental impacts from noise generated from Otay Lakes Road to a level below significance. 3. Geology The requirement to provide an Engineering Geology report prior to approval of improvement plans mitigates the potential for significant adverse environmental impacts stemming from the existence of previously undocumented faults or landslide areas. -5- 4. Biology The following mitigation measures incorporated into the project will minimize adverse environmental effects stemming from disturbance of sensitive plant and animal species on site to a level below significance: a. Temporary fencing will be placed across the base of all cut or fill slopes in areas where loose rocks and/or soil or other debris could slide down into dedicated open space, thus degrading these areas. b. All cut and fill slopes will be landscaped with indigenous native (as opposed to the commonly used "native appearing") containerized shrubs. Hydroseeding of the barren new slopes with a strictly native annual seed mixture to minimize erosion and hasten a return to biological viability will include seed of Flat-top Buckwheat Eriogonum fasciculatum, a principal foraging shrub of the sensitive Blacktailed Gnatcatcher, and San Diego Sunflower Vi~uiera laciniata, one of the site's sensitive plant species. A list of recommended shrubs and hydroseed species is attached. c. All individual specimens of Ferocactus viridescens located in areas to be graded adjacent to Ota Lakes Road along the southwestern edge of the site will be transplanted into the newly established dedicated Biological Open Space Easement lot "A". Appropriate habitat areas within this open space are readily available, and this will do much to not only salvage those endangered specimens, avoiding their complete loss, but will also improve the quality of the new dedicated open space by partially revegetating historically disturbed spots within its. Transplantation activities will be carefully times, and fully supervised by a qualified biologist. 4. Landscape irrigation runoff will be minimized and carefully directed off the property, by a drainage pipe directing water flow onto Otay Lakes Road. This will reduce the chances of degrading the xerophilous community which grows in the open space easements. Any significant increase in water sprayed or drained onto these areas would result in community breakdown as aggressive and weedy forms become infused onto the areas. This would result in an eventual loss of most of the sensitive species found on this property. 5. Schools The payment of school fees to provide additional facilities for the Sweetwater Union High School District to alleviate present crowding will mitigate any adverse environmental impacts stemming from overcrowding of existing school facilities. -6- 6. Parks The payment of park fees into a fund to acquire parkland will mitigate adverse environmental impacts associated with lack of park facilities in the area. 7. Roads Dedication of 2 feet of right-of-way to widen Otay Lakes Road to its ultimate width will mitigate any adverse effects stemming from maintenance of public roads to accommodate traffic levels within the community. 8. Fire Protection The design of the subdivision providing turnaround for fire vehicles, on-site hydrants and a knox box at the gated entrance for emergency vehicle access serves to mitigate any adverse environmental effects associated with maintenance of adequate fire protection to the community. F. Findings of Insignificant Impact 1. The project is designed with 5.5 acres of open space and a residential density well below the zoning ordinance density restriction to 4 dwellings per acre, does not have any potential to degrade the quality of the environment or curtail the diversity of the environment. 2. The project as designed achieves both short and long term environmental goals by retaining natural habitat areas for sensitive plant and animal species existing on site. 3. Since all potential environmental effects are mitigated to a level below significance, the proposed project will not result in cumulative adverse environmental impacts. 4. Through measures which reduce noise generated from an adjacent major road, the project will not contain environmental effects which will cause substantial adverse effects on human beings. G. Consultation 1. Individuals and Organizations City of Chula Vista: Julie Schilling, Assistant Planner Steve Griffin, Associate Planner Roger Daoust, Senior Civil Engineer Dan Pass, Principal Planner Duane Bazzel, Associate Planner Bill Wheeler, Building and Housing Department Carol Gove, Fire Marshal Chuck Glass, Traffic Engineer -7- Applicant's Agent: Safino, Butcher and Ormonde 3615 Kearney Villa Road, Suite 201 San Diego, CA 92123 2. Documents a. Title 19, Zoning - Chula Vista Municipal Code b. Chula Vista General Plan c. "Corona Vista Archaeological Survey", John R. Cook S.O.P.A., August 15, 1986 d. "Acoustical Analysis, Tentative Map for Corona Vista", Svetlana Segal, Computerized Acoustics, August 1986 e. "Report of a Biological Reconnaissance, the Corona Vista Property", Vicent N. Scheidt M.A., Environmental Biologist, August 15, 1986 f. "Report of Soil Investigation, 10-acre Residential Subdivision, East End of Camino Elevado, Tract 87-1, Chula Vista, California", Geotechnical Exploration, Inc., September 23, 1986 g. State Mines and Geology, Special Report No. 125, State of California 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. EN~IRON~[ENTAL REVIEW COORDINATOR EN 6 (Rev. 5/85) Ell 6 (Rev. 5/85) city of chula vista planning department CI1YOF environmental review section CHUL~ RICII~V. ED OCT 01 198;~ PLANNING I)E~AR]'MENT CHUL~ VIS]A, ~UFORNIA DEVELOPMENT STANDARDS FOR CORONA VISTA CHULA VISTA, CALIFORNIA SEPTEMBER, 1986 SAFINOj BUTCHER & ORMONDEj INC, DEVELOPMENT STANDARDS CORONA VISTA I. Introduction The purpose of this report is to describe and support the tentative map and general development plan, which together comprise the precise plan, as required for development in the "P" Precise Plan Modifying District (Ordinance 1612, City of Chula Vista). II. Project Location The project is approximately 10.1 acres of hillside located northerly of Otay Lakes Road. III. Development The developers, Bruce DeMenge & David Cerutti, propose to build 14 custom single-family sites. The price of these homes will start at $250,000. Two additional lots are proposed for open space and one lot is proposed for a private street system. IV. Land Use The proposed development will require grading the property for pads and streets; however, 5.5 acres of the project will be open space. Of the 5.5 acres, 3.7 will be left natural with the rest graded at a 2:1 slope and planted with indigenous plants. Page Two Corona Vista V. Landscaping The project will have the following types of landscaping: 1. Natural open space. This area (3.7 acres) will be preserved for all time in its natural form. Care will be taken during construction and when equipment is taken out of this area to protect native plant material. 2. Recreated open space. This area (1.8 acres) will be graded at approximately 2:1 and planted with plants indigenous to the area. These areas will be naturalized and will conform to the Type II plantings described in the City Landscape Manual "Type II plantings are defined by the characteristic that once established, the plants will survive and grow with only natural rainfall. For example, Type II plantings could consist of hydroseeding with native vegetation with irrigation until plant materials are established." vi. Housing, Grading and Existing Land Forms: The developers propose to site and build custom homes designed to fit on the terrain and orientated toward views and vistas. A number of the lots are graded for split level homes which will allow a more subtle grading of pads adjacent to steep slopes. The split level home will also blend with the natural terrain with stepped roof lines and lowered roof heights. Page Three Corona Vista Development of custom homes will be encouraged to take advantage of the natural topography and the wonderful views. The custom homes are being developed on graded pads, all of which are served by private streets. Guest parking and turn-around space has been provided for in the precise plan. The development criteria will be based on the following setbacks: Front setback 25 feet, exterior side yard 10 feet, one side yard 10 feet, both side yards 15 feet, and rear yard 20 feet. The grading, height and bulk criteria for the future development of the custom homes has generally been set forth in the design criteria section of this report. VII. Streetscape The widening of Otay Lakes Road will require special slope planting which has been designed to interface with existing native slopes. The slope planting will consists of native indigenous plant material and hydroseed mix of native chaparral shrubs and wild flowers. The private interior street has been designed with a 25 foot landscaped area on each side of the street. This area will be maintained by a Homeowners Association. Large canopy street trees will line the street at approximately 40' on center. Guest parking bays will be planted with small flowering shrubs and annual color. The entire 25' landscape area will be planted in a low growing, low maintenance ground cover. Page Four Corona Vista The entry at Camino Elevado will be accented with textured pavement and a 3'-0" high stucco wall with ornamental lighting. The stucco wall will be set on a 3:1 sloping grade and will be set 10' behind the new 5'-0" width sidewalk. The entry into the project will be gated with an ornamental 5'-0" high wrought iron gate powered by solar batteries. VIII. Conclusion This proposal represents a study of hillside development that meets all the design criteria of the precise plan zone. Prospective buyers will be ensured of a lush atmosphere which blends with and enhances the natural topography of the land. Page Five Corona Vista PLANTING PROGRAM In the landscape program, there are three (3) different situations for planting treatment and preservation. I. Streetscape and Ormamental Planting Ornamental planting for the interior street and lots consists of ornamental trees, shrubs and ground covers which have a decorative year-round appearance. II. Slope Planting The seeding and planting of disturbed open space areas consists of grasses, wildflowers, shrubs and trees in sufficient number to enhance cut and fill slopes and prevent erosion. These plants are native and naturalized species which will blend with undisturbed areas and return the area to its native conditions. Planted areas must be irrigated until sufficiently established to survive on their own. Criteria for plant material to be used for slope planting include: 1. Low growing 2. Blends both visually and horticulturally with existing native material. 3. Is generally accepted as a fire resistant plant. Page Six Corona Vista III. Existing Natural Open Space Ail efforts will be made to protect and enhance the natural undisturbed open space areas. A transition zone of 15 feet wide will be planted to blend disturbed open space areas with natural open space areas. This transition zone is hydroseeded with native wildflowers, grasses and ground covers. Ail planting treatments shall be installed according to the City of Chula Vista Landscape Manual. Cut and Fill Slopes Cut and fill slopes will be prepared in a manner to achieve optimum plant establishment and to minimize erosion. Cut slopes are to be serrated horizontally, fill slopes are compacted with a sheep's foot roller. soils test will be taken to determine the pattern of available soil nutrients and harmful elements in order to arrive at a proper fertilization program and seed mix. Native plant material and a temporary irrigation system will be installed along Otay Lakes Road. Page Seven Corona Vista Maintenance The maintenance period of all slopes should run a minimum of two full growing seasons, to insure 100% coverage of all plant material especially designated seed and ground cover. For example, if the installation is approved in May, the maintenance period would run through that summer and the following summer after approval. If the installation is approved in October, the maintenance period would run two full years from October. Page Eight Corona Vista DESIGN CRITERIA The following design criteria will be a part of the development of all housing in Corona Vista Building setback and lot restriction. Front set back 25', exterior side yard 10', 1 side yard 10', both side yards 15', and rear yard 20'. The design of the custom home will depend on the lot configuration, terrain and the homeowner. The architectural style will be Early Californian Ranch. Materials used will include stucco, wood, tile roofs in earthtones, and brick accents. Future grading on custom lots shall be limited to providing adequate access to the dwelling, together with that necessary to provide required off-street parking and patio/pool areas adjacent to the structure. The maximum graded area allowed, excluding the building footprint, shall be 25% of the total gross lot area. No future structure shall exceed 35 feet in height, or two full stories. The mass of the structure shall be within the setbacks as indicated, with no more than 50% gross lot coverage. Page Nine Corona Vista Fencing and walls. Ail side and rear yard fencing will be similar to fencing typical of the area, except for the use of chain link which will be limited to rear yards adjacent to open space only. Fence color will be limited to the color of the house trim and/or natural wood color in the case of redwood and cedar. Ail fencing and walls proposed by the developer will be reviewed by the staff prior to development. The wall along Otay Lakes Road will be built by the owner and the surface facing Otay Lakes Road will be maintained by the maintenance district. CITY OF CHULA VISTA DISCLOSURE STATEMENT IAPPLICANT's STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. 'The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. David Cerutti Bruce DeMenge Harry DeMenge List the names of all persons having any ownership interest in the property involved. Harry DeMenge Virginia DeMenge 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s) IPerson is defined as: "Any indiv!dual, firm, copartnership, joint ventu?, association, soc-~T~T club, fraternal organization, corporatton~ estate,, trust, receiver, syndicate, this and any .other county, c~ty and county,~ c~ty, municipality, ~istrtct or other political subdivision, or any other group or combinationmcting}s a unit.' (NOTE: Attach a~ddi~tona: p,ag:s as necess6y.) / ~ ~'~'~ ~ xL7 ,>~ ~ q' pp l A-110 Print or type name of applicant City Planning Commission Page 1 Agenda Items for Meeting of November 19, 1986 6. PUBLIC HEARING: Variance ZAV-87-9M: Request to reduce required parkin§ on site from 138 to 42 spaces, and a reduction in the required rear yard setback from 15 feet to zero at 1773 Broadway - Deseret Industries The applicant has indicated that they are currently considering other construction alternatives to their request to construct an addition to their existing building, within the rear yard setback. They have, therefore, withdrawn their application for a zoning variance and no longer wish to pursue their original proposal. City Planning Commission Agenda Item for Meeting of November 19, 1986 Page 1 7(a) PUBLIC HEARING: GPA-86-6, proposal to amend the plan diagram of the Land Use Element of the Chula Vista General Plan by the redesi~nation o~ two adjoining parcels o~ land, which have an aggregate area of about 4.32 acres, and are located in the southeasterly quadrant of East "H" Street and Otay Lakes Road, from "Medium Density Residential" to "Retail Commercial." A. BACKGROUND 1. The subject request is a component of a joint application for the redesignation of a certain 4.32-acre site located in the southeasterly quadrant of East "H" Street and Otay Lakes Road from "Medium Density Residential" to "Retail Commercial," and the rezoning of the said site from "R-I" to "C-C-P." The approval of the redesignation request (General Plan Amendment), which is the subject matter of this report, is prerequisite to the consideration of the proposed rezoning, PCZ-86-E. 2. The proposed General Plan Amendment and rezoning would enable the applicant to submit project plans for the development of the site in question. 3. Environmental Review An Initial Study, IS-87-1, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on August 14, 1986. The Environmental Review Coordinator concluded that there would be no significant environmental effects, and recommended that the Negative Declaration be adopted. B. RECOMMENDATION That the City Planning Commission: 1. Adopt the Draft Negative Declaration issued under IS-87-1. 2. Recommend that the City Council deny the applicant's request for the amendment of the Chula Vista General Plan. C. BASIC INFORMATION 1. Subject Property The subject property consists of two parcels of land, which are physically separated by a steep slope. Both parcels are vacant. City Planning Commission Agenda Item for Meeting of November 19, 1986 Page 2 2. Existing General Plan Designations (Please see Exhibit A.) North High School Site South Medium Density Residential East Medium Density Residential West College Site 3. Adjacent Zoning and Land Use (Please see Exhibit B.) North R-1 High School South R-1 Church East R-1 Church West R-1 College D. ANALYSIS 1. The subject site is an integral part of the Southwestern College Estates area. The retail commercial needs of this area are, in part, met by the applicant's existing shopping center on the easterly side of Otay Lakes Road, opposite Southwestern College, and immediately north of the site of the proposed Navy Housing Development. This 5.29-acre center is not fully developed, and does not reflect a strong economic picture. 2. The Southwestern College Estates area, within the near future, will also be directly served by a neighborhood shopping center slated for development at the northwesterly corner of East H Street and Otay Lakes Road. In addition to this center and the existing one discussed in the above paragraph, the residents of the area are commercially served by the shopping facilities constituent to the Bonita Commercial Strip, and the large shopping precincts situated at 1-805/Telegraph Canyon Road, and 1-805/East H Street. 3. While the development of nearby EastLake should increase the demand for convenience goods and services, it would be prudent to assume that much of this demand will be met within the 50-acre, retail commercial enclave of the proposed Village Center at EastLake. 4. In summary, the Planning Department believes that the Southwestern College Estates area is served by ample, commercially-zoned territory, and that its residents, as well as those of adjacent settlements do not require the establishment of new shopping areas. The redesignation proposal under consideration is not supported by the submittal of studies which controvert the Department's position. E. CONCLUSION The Planning Department does not find that the proposed General Plan Amendment would meet a discernible community or neighborhood need, but would increase commercial overzoning in Chula Vista. (Please see Exhibit C.) City Planning Commission Agenda Item for Meeting of November 19, 1986 Page 3 The Department suggests that the development and revitalization of the applicant's existing center on Otay Lakes Road to its full potential should be prerequisite to the serious consideration of establishing new r~tail-commercial districts in the College area. WPC 2951P VAC, o~ICF~ M H2 ~ ,~,-i H N 11'.5 VAC. .~ BONITA VISTA VAO, I M~P- bm PNli'5 E. "H" STREET SUBJECT  REZONE FROM R-1 TO C-C-P 4.32 ACRES r (GROSS) -~ ,.L~' C.,-'-: :-d c~v  r Locator PCZ-86-E S.E. CORNER OF OTAY LAKES RD D'I 1 ~ AND EAST 'H' STREET ' ORTH, , % :Il negative ctec arat]on - PROJECT NN.IE: Kelton Title Corporation General Plan Amendment and Rezoning PROJECT LOCATION: Southeast corner of Otay Lakes Road and East "H" Street PROJECT APPLICANT: Kelton Title Corporation, 9250 Wilshire Blvd., Beverly Hills, CA 90212 CASE NO: IS-87-1 DATE: August 14, 1986 A. Project Setting The project site involves two vacant parcels of land totalling 3.67 acres, located at the southeast corner of Otay Lakes Road and East "H" Street. The property has been previously graded into two relatively level pads and there are no significant plant or animal species located on the project site. Adjacent land uses consist of a church to the east and south, Otay Lakes Road and Southwestern College to the west, and East "H" Street and Bonita Vista High School to the north. B. Project Description The project involves a change in the General Plan Land Use designation from "medium density residential" (4-12 du/ac) to "retail commercial" and a change in zoning from "R-l" (single family residential) to "C-C" (central commercial). No development is proposed at this time. C. Compatibility with Zoning and Plans The project involves a change in both the General Plan designation and zoning, thereby assuring compatibility between the two. D. Identification of Environmenta~ Effects Transportation Although the proposed General Plan and zone change will not result in direct impacts, resultant development will have physical impacts on the environment. Because of potential impacts that would result from these changes, the applicant has submitted a traffic impact study prepared by Federhart and Associates. The study assumes that if the property were built out as a small neighborhood retail commercial center (consistent with the General Plan and zone changes) estimated project traffic would amount to a total of 3,600 two-way vehicle trips per day and an estimated level of service (LOS) "C" at the intersection of Otay Lakes Road and East "H" Street. Recommendations consisting of additional right-of-way dedication and future curb cut locations are included wi thin the study but are related to physical development of the property and will be analyzed further when future development proposals are submitted. No mitigation will be required at this time. city of chula vista planning department ¢I~YOF environmental review section CHUL/~ E. Findings of Insignificant Impact 1. T~e proposed General Plan Amendment and rezoning will have an effect on the environment upon future development, but impacts are not anticipated to be significant. 2. No short term benefits are anticipated to result to the disadvantage of long term environmental goals. 3. Ultimate impacts of the project will effect traffic circulation although the results of a traffic study submitted by the applicant indicate that acceptable cumulative traffic impacts would result with future development. 4. No significant traffic or noise impacts are anticipated to result with the ultimate development of the project site. G. Consultation 1. Individuals and Organizations City of Chula Vista: Mando Liuag, Associate Planner Roger Daoust, Senior Civil Engineer Duane Bazzel, Associate Planner Gene Grady, Building and Housing Department Carol Gove, Fire Marshal Chuck Glass, Traffic Engineer Applicant's Agent: Paul A. Manganelli 2. Documents Traffic Study (Federhart and Associates, 1986) Chapter 19, Chula Vista Municipal Code 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. REVIEW COORDINATOR WPC 3036P EN 6 (Rev. 5/85) city of chula vista planning department CI~YOF environmental review section CHULA EN 6 (Rev. 12/82) ''" 'LOW DE'N S ~'F Y.: ''" ::RESIDEN.T. IA~: ' · ,. .:::::: :: '".::: .... ::::: :::...: ........ · " i~JE~ ......... ::: ............ ...... ...... I~ED: ;:: ...... :DE N:~ ' ~.~ .~.~il T:~: · · · :::'" :R~S;: SOUTHWESTERN ii::':' ' ...... :: ?..e.~)p.~fl T~ ~::: ..... ':::: COLLEGE ....................... .... ::::::.::: ......... ~.::ii!i .......... ~..:: L' :~' ?"~: ~ ' '"':~:':'": ~ ~GPA-86-6  CHANGE FROM MEDIUM ~ooo' DENSITY RESIDENTIAL TO ~RETAIL COMMERCIAL BONITA VISTA VAC. Subject 'TIFFANY Property ~ [~ ;~.~ CiV '~' GOTHAM ~ CHANGE FROM MEDIUM ,4'~G2R~S ) DENSITY RESIDENTIAL TO ~RETAIL COMMERCIAL EXHIBIT C City of Chula Vista Planning Department Advance Planning Division State of Commercial Zoning: City of Chula Vista October l, 1986 1. Territory Classified Commercial 918.10 Acres (100%) 2. Territory Developed with Commercial Uses 569.8 Acres (62%) 3. Territory Developed with Non-Commercial Uses 215.53 Acres (23%) 4. Vacant Commercial Territory 132.77 Acres (15%) 5. Conclusion: 38% of the commercially-zoned territory of the City of Chula Vista, or 348.3 acres, are either vacant or devoted to the accommodation of non-commercial uses. 6. The city planner's traditional rule-of- thumb calls for the allocation of 1.5 to 2.0 acres of land to the commercial service of 1,O00 population. At this rate, the estimated 120,000 of Chula Vista should be served by 180 to 240 acres of commercially zoned territory.* *Standards of the rule-of-thumb: Neighborhood Commercial 0.5 acres/1,O00 capita Community Commercial 0.5 acres/1,O00 capita Regional Commercial 0.4 acres/1,O00 capita Office, Highway, Visitor, Heavy Commercial 0.1 to 0.6 acres/1,O00 capita Certain planning authorities have addressed the matter of the acreage required to provide combined neighborhood and community level commercial goods and services to 1,000 persons and have developed the following formulae: Gallion & Eisner, The Urban Pattern, 3rd ed. 1.00 AC./1,O00 persons William H. Claire, Handbook on Urban Planning 0.92 Ac./1,O~O persons F. Stuart Chapin, Or., Urban Land Use Planning 0.75 Ac./1,O00 persons Urban Land Institute, Shopping Center Development Handbook 1.08 Ac./1,O00 persons De China & Koppelman, Planning Design Criteria 1.06 Ac. to 1.10 Ac./1,OUO persons WPC 3172P City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 1 7(b) PUBLIC HEARING: PCZ-86-E - Consideration to rezone 4.3 acres located at the southeast corner of Otay Lakes Road and East "H" Street from R-1 to C-C-P - Kelton Title Corporation A. BACKGROUND 1. This item involves a request to rezone 4.3 acres of property located at the southeast corner of Otay Lakes Road and East "H" Street from R-1 (Single Family Residential) to C-C-P (Central Commercial with Precise Plan). The approval of the companion request, GPA-86-6, to amend the General Plan from Medium Density Residential to Retail Commercial, is prerequisite to the approval of the rezoning. 2. An Initial Study, IS-87-1 of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on August 14, 1986, 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-87-1. 2. Adopt a motion to deny PCZ-86-E. C. DISCUSSION Adjacent zoning and land use. North R-1 Bonita Vista High School South R-1 Church East R-1 Church West R-1 Southwestern College Existing site characteristics. The site consists of two vacant parcels totaling 4.3 acres and with approximately 550 ft. of frontage on both Otay Lakes Road and East "H" Street. Both parcels have been graded into level pads, with the easterly parcel elevated some 20 ft. above the westerly parcel. General plan. The General Plan shows the property as Medium Density Residential, 4-12 dwelling units per acre. The applicant's request to amend the General Plan to Retail Commercial is the companion application to the rezoning request. City Planning Commission Agenda Items for Meeting of November 19, 1986 Page 2 D. ANALYSIS The analysis contained in the staff report on the companion application, GPA-86-6, is incorporated herein by reference. In summary, this analysis shows that the commercial needs of the college area are and will be met by an existing, underutilized commercial center on the east side of Otay Lakes Road opposite the College, a planned neighborhood center at the northwesterly corner of East "H" Street and Otay Lakes Road, the existing shopping facilities constituent to the Bonita commercial strip and 1-80S at both East "H" Street and Telegraph Canyon Road, and the proposed 50-acre Village Center commercial area within EastLake. In conclusion, the Department found that the approval of the request at the present time would increase commercial overzoning in Chula Vista, and that the development and revitalization of the existing neighborhood center to the south should be a prerequisite to the serious consideration of establishing new retail commercial districts in the College area. WPC 3338P CITY OF CHULA VISTA DISCLOSURE STATEMENT IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. KELTON TITLE CORP. List the names of all persons h.aving any ownership interest in the property involved. ~iELTON TITLE CORP. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than I0% of the shares in the corporation or owning any partnership interest in the partnership. Louis L. Kelton 3. If any person identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. None 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes__ No x If yes, please indicate person(s) IPers0n is defined as: "Any individual, firm, c0partnership, j0int venture, ass0ciati0n, I soc-%-d3~l club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages asnecessary.)~I<E~T©~:~2~/~//~~T C June 19, 1986 Si~hature %f ap~Ticant/date WPC 0701P Mark Kelton, Vice President A-llO Print or type name of applicant