HomeMy WebLinkAboutPlanning Comm Reports/1985/06/12 AGENDA
City Planning Commission
Chula Vista, California
Wednesday, June 12, 1985 - 7:00 p.m. City Council Chambers
PLEDGE OF ALLEGIANCE - SILENT PRAYER
INTRODUCTORY REMARKS
APPROVAL OF MINUTES - Meetings of April 10 and May 22, 1985
ORAL COMMUNICATIONS
1. PUBLIC HEARING: Consideration of request for extension of tentative
subdivision map, Mission Verde, Chula Vista Tract
82-8, East 'J' Street and Paseo Ranchero
2. PUBLIC HEARING: Consideration of tentative subdivision map for E1 Rancho del Rey Unit 6E, Chula Vista Tract 85-10,
E1 Rancho del Rey
3. PUBLIC HEARING: (Continued) GPA-85-1, Consideration of proposed
General Plan Amendment for the redesignation of
2.09 acres at 176 Otay Lakes Road - Kinder Care
Learning Centers, Inc.
4. PUBLIC HEARING: (Continued) PCZ-85-C, Consideration to rezone
2.09 acres at 176 Otay Lakes Road - Kinder Care
Learning Centers, Inc.
5. PUBLIC HEARING: PCM-85-13, Consideration of an appeal from the approval
of Tentative Parcel Map 85-10 for Louis Guillemette,
160 Minot
6. PUBLIC HEARING: PCA-85-3, Consideration of an ordinance amending
several sections of the zoning ordinance to regulate
satellite dish antennae
DIRECTOR'S REPORT
COMMISSION COMMENTS
ADJOURNMENT AT to the Study Session Meeting of June 19, 1985 at
5:00 p.m. in Conference Rooms #2 & 3
TO: City Planning Co~valssion
PROM: George Krempl, Director of Planning ~
SUBJECT: Staff Report on Agenda Items for Planning Co~ission Meeting of
June 12, 1985
1. PUBLIC HEARING: Consideration of request for an extension of tentative
subdivision map for Mission Verde, Chula Vista Tract
82-8
A. BACKGROUND
On August 10, 1982, the City Council approved the tentative map for
Mission Verde, Chula Vista Tract 82-8 in order to subdivide 10 acres located
at Paseo Ranchero and East "J" Street into a one-lot condomlnlum project
conslsting of 102 dwelling units. The subject property is located within the
Ladera Sectional Planning Area of the E1 Rancho del Rey Specific Plan and is
zoned P-C. The developer, Sierra Properties, is now requesting that the
tentative map be extended for the maxlmum three-year period.
B. RECOMMENDATION
Adopt a motion approving a three-year extension of the tentative map for
Mission Verde, Chula Vista Tract 82-8, the map to then expire on August 10,
1988.
C. DISCUSSION
There have been no significant changes in the {m~edlate viclnity which
would affect the original conditions or flndings of approval; therefore, the
extension is appropriate. No further extensions are permltted and a new
tentative map will have to be submitted if the map ls allowed to expire.
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City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 1
2. PUBLIC HEARING: PCS-85-10 - Consideration of tentative subdivision map
for E1 Rancho del Rey 6E, Chula Vista Tract 85-10 - E1
Rancho del Rey
A. BACKGROUND
The applicant has submitted a tentative subdivision map known as E1 Rancho
del Rey 6E, Chula Vista Tract 85-10 in order to subdivide 1.4 acres,
located east of River Ash Drive between East "J" Street and Blackwood Road
in the P-C zone, into nine zero lot line single family residential lots.
An Initial Study, IS-85-39, of possible adverse environmental impacts of
the project was conducted by the Environmental Review Coordinator on May
14, 1985. The Environmental Review Coordinator concluded that there would
be no significant environmental effects and recommended adoption of the
Negative Declaration.
B. RECOMMENDATION
1. Find that this project will have no significant environmental impacts
and adopt the Negative Declaration issued on IS-85-39.
2. 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 E1 Rancho del Rey 6E, Chula Vista Tract 85-10,
subject to the following conditions:
a. All development shall comply with the standards and requirements
of the Ranchero Sectional Planning Area {SPA) plan as approved
(Resolution 10102) and modified {Resolution 11277) by the Chula
Vista City Council.
b. The developer shall record CC&R's and easements for the zero lot
line lots which provide for drainage; roof and eave projections;
access for the purposes of maintenance, repair, or remodeling of
lot line structures; compatibility of materials, textures, and
color; and related matters. The easement shall be a minimum of
lO feet in width extending the full length of the property line.
c. The deed restrictions and easements shall be recorded
concurrently with the recordation of the subdivision map and
shall be subject to the approval of the Planning Commission or,
on appeal, the City Council. Prior to recordation of the final
map, a copy of the CC&R's shall be filed with the City making
the City a party thereto. The CC&R's shall specifically include
but are not limited to the following:
(1) Garage conversions shall be expressly prohibited.
(2) Any additions to buildings or structures shall be limited
to one-story in height.
City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 2
(3) Installation of outside T.V. or radio antennas shall be
expressly prohibited.
{4) All required walls and fencing shown on the approved plan
filed with the City shall be the responsibility of the
developer and his successors in interest. Said walls
and/or fences shall be maintained by the individual
homeowner in a manner satisfactory to the City of Chula
Vista.
d. The proposed architecture and site plans for the single family
dwellings shall be subject to the approval of the Director of
Planning and shall be keeping with the architectural character
of the adjoining residential development.
e. Prior to the issuance of a building permit, an overall
fencing/wall plan shall be approved by the Director of
Planning. The wall and fencing in the front and exterior side
yards shall carry out the architectural style of the buildings.
f. The corner lot shall be limited to single story construction.
g. All zero lot line houses shall include rain gutters.
h. All zero lot line lots shall be recertified for grading prior to
occupancy to ensure proper drainage.
i. The subdivision shall be included within Open Space Maintenance
District #13.
j. 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.
k. The developer shall be required to pay Park Acquisition and
Development In Lieu fees prior to recordation of the final map.
RCT fees will be required prior to issuance of building permits.
1. The developer shall dedicate to the City a strip of land along
the north side of the Subdivision for street purposes. Said
strip shall be 33 feet in width and lie immediately south of the
centerline of East "J" Street. Additional right-of-way at the
southeast corner of East "J" Street and River Ash Drive to
provide for a concentric 20-foot radius curb return shall also
be dedicated.
City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 3
m. The developer shall acquire and dedicate to the City a 12-foot
strip of land north of the centerline of East "J" Street along
the north side of the subdivision for street purposes.
n. The developer shall dedicate the City a one-foot control lot at
the end of East "J" Street.
o. The developer shall be responsible for the construction of
improvements on the south side of East "J" Street. Said
improvements shall include but not be limited to: 43 feet of
A.C. pavement and base, monolithic curb, gutter and sidewalk,
and drainage facilities.
p. The grading and drainage shall be designed in such a manner as
to result in no increase in runoff over adjacent private
property. A plan showing said grading and drainage shall be
submitted for approval by the City Engineer prior to approval of
the Final Map. Letters of permission to grade will be required
for all grading work offsite of the project.
C. DISCUSSION
Existing site characteristics.
The 1.4 acres in question are a portion of the lO-acre "out parcel" which
was excluded from ERDR No. 6 Subdivision {1980) because the property was
under separate ownership and the owner did not wish to pursue development
at that time. The 1.4 acres have since been purchased by the applicant.
The site has been rough graded and the street is fully improved along the
frontage of the property. Graded pads occupy the property to the south
and west of the site, while natural terrain extends to the north and east.
Proposed development.
The tentative map proposes the creation of 9 zero lot line single family
residential lots ranging in size from 5,856 sq. ft. to 7,530 sq. ft. The
lots are designed to accommodate a unit with a zero sideyard setback on
one side and a minimum 10-foot wide setback on the opposite side. A 20
foot wide drainage and sewer easement bisects the site from east to west.
A short section of East "J" Street is also to be dedicated and improved in
conjunction with the project. The subdivision is consistent with the
standards established for zero lot line development in the Ranchero SPA.
Subsequent development of the lots will also be subject to the Ranchero
SPA standards, including the establishment of access and maintenance
easements, a prohibition against garage conversions, and a single story
limit on corner lots and on any later additions to the dwellings. An
overall fencing plan has also been added as a condition of approval in
order to insure continuity on the narrow zero lot line lots and along East
"j" Street.
City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 4
D. ANALYSIS
As noted above, the subdivision meets the standards established for zero
lot line development in the Ranchero SPA, and subsequent development of
the lots will also be required to meet these standards. It is
appropriate, therefore, to recommend approval of the tentative map.
E. FINDINGS
Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative
subdivision map for E1 Rancho Del Rey Unit 6E, Chula Vista Tract 85-10, 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 zero lot line single family
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 is consistent with the gross density
standards established for the Ranchero SPA; the 10-acre "out
parcel" may accommodate a total of 46 dwelling units under the
adopted plan.
b. Circulation - A section of East "J" Street will be dedicated and
improved in conjunction with the development.
c. Housing The project will provide additional home ownership
opportunities.
d. Conservation The project is located on a site which has
already been graded for development. Almost one-hal f of the
overall ERDR No. 6 has been preserved as open space.
e. Park and Recreation, Open Space - The developer is required to
pay Park Acquisition and Development fees in lieu of dedicating
and improving park land.
f. Seismic Safety - An as-built geologic map has been prepared and
all structures are required to observe a 5 foot setback from all
fault zones.
g. Safety - The site is within the response time of existing fire
station facilities.
City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 5
h. Noise - The units will meet the requirements of the U.B.C. as
regards to acceptable interior noise levels.
i. Scenic Highway - Development along East "J" Street shall be
subject to a 20 foot exterior side yard setback to allow for
more landscaping and open vistas.
j. Bicycle Routes - The adjoining streets are not designated bike
routes.
k. Public Buildings - No public buildings are proposed on the
property.
4. Pursuant to Section 66412.2 of the Subdivision Map Act, the
Commission certifies that it has considered the effect of this
approval on the housing needs of the region and has balanced those
needs against the public service needs of the residents of the City
and the available fiscal and environmental resources.
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negative declaration
PROJECT NAME: EL Rancho Del Rey, Unit No. 6E
PROJECT LOCATION: The project is located south of East "J" Street to the east
of Rivera Ash Drive.
PROJECT APPLICANT: E1 Rancho Del Rey, Inc.
CASE NO: IS-85-39 DATE: May 14, 1985
A. Project Settin9
1. Land Fom
The project site has been previously graded along with other subareas
of Unit 6 of E1 Rancho Del Rey and therefore no further grading which
would alter the existing landform is proposed at this time.
2. Geology
Comprehensive studies of the potentially active Nacion fault zones
near the project site are contained in reports prepared by Woodward-
Clyde Consultants dated March 31, 1972, January 12, 1979, and
August 29, 1980. It was the recommendation of Woodward-Clyde
Consultants that residential structures be sited a minimum of 5 feet
from any fault zones mapped by that consulting firm. The nearest
approach of any of the fault zone is approximately 400 feet to the
west of the project site.
3. Soil s
The general vicinity of the project is known to contain expansive
soils. Therefore, expansive clay soils may be exposed in areas of
shallow cut and fill and in deeper cut areas where clayey fills are
present in the Linda Vista formation. This soil condition could pose
a hazard to construction and therefore mitigation measures must be
considered.
4. Public Facilities
a. Schools
Schools in the elementary and secondary systems in the Chula
Vista area are reaching or are at capacity. Although the
generation of students from this relatively small project is not
significant, there is a potential for a long-range cumulative
impact on the ability of the school district to provide
educational services.
of chula vista planning department ~
city
environmental review section
b. Parks
A neighborhood park has been reserved approximately 400 feet to
the west of the proposed project. The park is scheduled to be
dedicated to the City and the City will in turn develop the park
as part of the 1985~86 capital improvement program.
B. Project Description
The proposed project involves the subdivision of about 1.4 acres into nine
single-family detached dwelling unit lots and the construction of three
one-story patio homes with 1,255 square feet of floor area, three
two-story homes with 1,480 square feet, and three two-story homes with
1,754 square feet. Each lot would have a two-car garage. The overall
density for the project would be about 6.4 dwelling units per acre.
C. Compatibility with Zoning and Plans
The density of the project is consistent with the overall density of the
Ranchero SPA. The E1 Rancho Del Rey Specific Plan provides for the
clustering of the dwelling units in higher density areas as long as
compensatory open space is provided. The Ranchero SPA provides a
substantial amount of natural open space with certain areas at a higher
density than that specified on the land use diagram for E1 Rancho Del
Rey. Thus the proposal is consistent and compatible with the zoning and
plans for the development of this property.
D. Identification of Environmental Effects
1. Land Form
The project site has been graded and, therefore, no substantial land
form alterations will occur.
2. Geology
The nearest fault trace of the La Nacion earthquake fault system is
approximately 400 feet to the west of the project and, therefore, no
significant impact is anticipated. The project site would be subject
to similar earthquake risks to that of similar properties throughout
Southern California.
3. Soil s
The project vicinity does contain soil types which are expansive in
nature which has been identified in the preliminary soils report for
the project area. The soils report also identifies specific remedial
measures to be carried out through the grading of the property and
construction of foundations which will void any substantial impact
due to the presence of the soil types.
4. Public Facilities
The project area is currently served by school districts with
enrollment approaching that of the system's capacity and, therefore,
there is a potentially significant environmental effect. Standard
regulations require that the project proponent obtain from the school
district letters indicating that they can provide adequate services.
This will be required of the subject project. The project area
currently does not have adequate park services. However, a park site
in the immediate area of the project has been reserved and
development of that park has been scheduled for the 1985-86 fiscal
year.
E. Mitigation necessary to avoid significant effects
All the potentially significant environmental effects of this project can
be avoided through standard development regulations. These regulations
include following the recommendations of the soils report for development
of property, obtaining letters indicating adequate school services are
available from the appropriate school districts, and participation in the
financing of park development in the vicinity of the project.
F. FindinQs of Insignificant Impact
1. The project site contains no wildlife population or vegetation which
are rare or endangered; therefore, there will be no substantial
reduction in the habitat of any species of wildlife, fish, or
plants. The project will not eliminate any important examples of
major periods of California history or prehistory because there are
no archaeological nor historical sites on or near the project site.
Project will not degrade the quality of the environment.
2. The project conforms to the Chula Vista General Plan, and therefore,
to the long-term environmental goals of the City of Chula Vista. In
achieving the short-term goal of providing housing does not conflict
with the long-term goals of the City of Chula Vista.
3. The project is being considered as part of the E1 Rancho Del Rey
Specific Plan which involves other major projects in the project
vicinity. The cumulative effect of this and other projects within
the E1 Rancho Del Rey area are therefore being given consideration.
This subdivision is part of the Ranchero Sectional Planning Area of
the E1 Rancho Del Rey Specific Plan. EIR's have been prepared both
for the overall E1 Rancho Del Rey project and the Ranchero Sectional
Planning Area and are referenced by this document.
4. The proposed project is of a similar housing type to that in the
immediate vicinity, public facilities are either in place to serve
the project or standard development regulations will assure that
those services are provided, the project will not result in a
substantial emission of any air or water pollutants and therefore the
project will not result in any substantial adverse effect either
directly nor indirectly to human beings.
G. Consultation
1. Individuals and Organizations
City of Chula Vista: Mando Liuag, Associate Planner
Roger Daoust, Senior Civil Engineer
Duane Bazzel, Assistant Planner
Gene Grady, Building and Housing Department
Carol Gove, Fire Marshal
Chuck Glass, Traffic Engineer
Applicant's Agent: James A. Hutchison
Hutchison & Associates
8324 Allison Avenue
La Mesa, Calif. 92041
2. Documents
EIR-78-2, E1 Rancho Del Rey Specific Plan Final Environmental Impact
Report, February 22, 1978.
EIR-80-5, Ranchero Sectional Planning Area Final Environmental Impact
Report, January 1980.
EIR-83-2, E1 Rancho Del Rey Specific Plan Amendment Final
Environmental Impact Report, March 1985.
Geotechnical Investigation for the proposed E1 Rancho Del Rey Unit #6
prepared for the Gersten Company by Woodward-Clyde Consultants,
October 1980.
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.
ENVIRONM~TAL REVIEW COORDINATOR
WPC 1939P
EN 6 (Rev. 5/85)
city of chula vista planning department
environmental review section
EN 6 (Rev. 12/82)
City Plannin§ Commission
Agenda Iteum for Meeting of June 12, 1985 Page 1
3. PUBLIC HEARING: (CONTINUED) GPA-85-1, Proposed redesi~nation of 2.09
acres at 176 Otay Lakes Road from "Low Density
Residential" to "Retail Cor~nercial" and "Professional
and Administrative Coum~ercial" on the plan diagram of
the Land Use Element of the Chula Vista General Plan
A. BACKGROUND
This item has been continued from the meeting of May 8, 1985, in order to
refine the Initial Study (IS-85-25) in terms of potentially significant
acoustical impacts. As a result, a revised negative declaration has been
prepared and advertised.
The applicants are the owners and purchasers of a two-acre site, located
on the westerly side of Otay Lakes Road, between Bonita Road and Allen School
Lane. They propose the redesignation of this site from "Low Density
Residential" (1 to 3 dwelling units per gross acre) to "Retail Commercial" and
"Professional and Administrative Cor~nerclal" on the plan diagram of the Land
Use Element of the Chula Vista General Plan, as indicated on attached Exhibit
A.
On June 27, 1984, the Planning Commission by a 3-3 vote failed to approve
GPA-84-6, a proposal to redesignate the subject lands "Retail Commercial" and
"High Density Residential." A motion made at the same meeting, to redesignate
the lands "Retail Commercial" and "Medium Density Residential," failed for the
lack of a second.
The present proposal constitutes a new application. The applicants for
the proposed amendment have also filed a companion case, a request to rezone
the site from "A-D" (Agricultural Zone) to "C-C-P" (Central Commercial Zone)
and "C-O-P" (Administrative and Professional Office Zone). It is the intent
of the purchasers of the southerly portion of the real property to establish a
day care center on their holdings.
B. ENVIRONMENTAL REVIEW
An Initial study, IS-85-25, of possible adverse environmental impacts of
GPA--84-6 was conducted by the Environmental Review Coordinator on March 25,
1985. The applicant has subsequently revised the proposal to include the
preparation of an acoustical study prior to the consideration of any
conditional use permit by the Commission. The Environmental Review
Coordinator has revised the Negative Declaration to reflect this revision and
has concluded that there would be no significant environmental effects, and
recommended that the Negative Declaration be adopted. The Negative
Declaration covers the general case of commercial or office development as
well as the potential day care use of the property.
City Planning Commission
Agenda Items for Meetln~ of June 12, 1985 Page 2
C. RECOMMENDATION
1. Find that this project will have no si~niflcant environmental
impacts, and adopt the "revised" Negative Declaration IS-85-25.
2. Adopt a motion to redesi~nate the subject site from "Low Density
.Residential" to "Medium Density Residential" on the plan diagram of
the Chula Vista General Plan.
D. BASIC INFOP/4ATION
1. Subject Property
The subject site presently acco~odates two, older single-family
dwellings; rldin~ stables; a storage shed; and a large, §ambrel-
roofed "red barn," which houses a livestock-feed sales business.
2. Adjacent general plan designations (see Exhibit A).
North: Retail commercial
South: Low Density Residential (1-3 DU/AC)
East: Low Density (1-3 DU/AC), Medium Density (4-12 DU/AC), and
High Density (13-26 DU/AC) residential desi~nations
West: Low Density Residential (1-3 DU/AC)
3. Adjacent zonin§ and land use (see Exhibit B).
North: C-C-D - "Bonita Centre" Shopping Centre
South: R-R-1 - SDG&E electric substation and sin§lc family
(County) dwellln~s
East: R-3-P-8 - Vacant (Proposed Condos)
R-2-20-D - Single Family Dwellings
R-E - Single Family Dwellings
West: R-R-1 Single Family Dwellings
(County)
E. ANALYSIS
1. The involved site is situated along Otay Lakes Road, and located
between the commercial development on Bonita Road and the SDG&E
substation at the northwesterly corner of Otay Lakes Road and Allen
School Lane. The site is an integral part of the Otay Lakes
Road/Allen School Road low-density residential area.
City Plannin~ Commission
Agenda Items for Meetin~ of June I2, 1985 Pa~e 3
2. While the City Plannln~ Department, under the prior application for
the amendment of the General Plan, GPA-84-6, recommended that the
northerly one-half acre of the site fn question be redestgnated
"Retail Commercial," and that the balance thereof be redesigneted
"High Density Residential," it no longer believes that this position
is defensible. The Department, after further study and additional
research, is of the opinion that the topographic differential between
the subject site and the territory to the west lacks the magnitude
required to justify the proposed amendment to the General Plan map.
In short, the physical isolation of the subject site from adjoining
lands is not sufficiently pronounced to preclude the land-use
friction which could result from the location of commercial uses in
Juxtopositlon to low-density residential housing.
It should also be noted that the residents of the involved area
consider the subject site as an integral part of the Bonita
Cormmunity's residential fabric.
3. Although it might be reasonably alleged that the subject parcel is
partially developed with retail corm~erclal uses, and that the
expansion of co~m~ercial activity to the balance of its two acres
would not constitute a material change in the character of the Otey
Lakes Road/Allen school Lane area, the natur~ of the site's existing
use strongly refutes these allegations. The retail feed business and
commercial stables on the premises are decidedly rural in character
and pu~ose, and do not constitute a base for urban-cormnerclal
expansion.
4. The proposed General Plan ~mendment would spread the Bonita Road
"corm~ercial strip" about 550' alon§ Otay Lakes Road. This con~nerclel
extension is not supported by e documented or demonstrated need for
additional conm~ercial acreage within the Bonita Co~nunity, or by a
market analysis submitted by the applicant.
5. While the Planning Department does not believe that the subject
site's topography, relative isolation, arterial frontage, and
adjacency to the Bonita Road conunercial strip are of sufficient
magnitude to support its redesi§nation from "Low Density Residential"
to "Retail Commercial" and "Professional and Administrative
Commercial," it believes that these factors would support the site's
redesignation to "Medium Density Residential."
The redesignation of the entire parcel of land to "Medium Density
Residential," and the subsequent rezoning of the southerly part thereof to
"R-3-P-12" or "R-3-L" (Maximum 12 dwelling' units per net acre) would provide
the purchasers with the opportunity to establish the proposed day care center
through the conditional use permit process. The proposed redesiEnation would
not preclude the continuing operation of the feed business in the red ba~ on
the northerly part of the premises.
E. CONCLUSION
The proposed General Plan Amendment is not supported by the land-use
pattern or geography of the subject area, or by the commercial needs of the
City of Chula ¥ista or its Bonita Community.
WPC 1589P
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GENERAL PLAN LEGEND EXHIBIT A
~ Low Density Residential General Plan ~endment GPA-85-1
~ Med. Density Residential Existin~ General Plan Designations
Proposed redesignation of approximatel
~ High Density Residential 2 acres from "Low Density Residential"
~ Visitor Commercial to "Retail Commercial" and "Pro-
fessional and Administrative
Retail Commercial Commer 'al."
~ Parks & Public Open Space
~ E1 Rancho del Rey Specific Plan NORTH
STATION
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negative declaration
PROJECT NAME: Kinder Care Learning Center General Plan Amendment
PROJECT LOCATION: On the west side of Otay Lakez Road between Bonita Road and
Allen School Lane
PROJECT APPLICANT: Kinder Care Learnin§ Centers, Inc.
160 Newport Center Drive, Suite 200
Newport Beach, CA 92660
CASE NO: IS-85-25 DATE: May 31, 1985
A. Project Settin~
The project is located on the west side of Otay Lakes Road just to the
north of the San Diego Gas & Electric Company substation at the corner of
Allen School Lane and Otay Lakes Road. This area is lower in elevation
than the surrounding terrain and is likely the site of deposits from
erosion upstream; therefore, it is probable that the property contains
expansive soils. The property currently containsa residential use, horse
corrals, and the retail sales of hay and equestrian-oriented products.
Adjoining land uses include a shopping center to the north of the
property, single-family residential uses to the west of the site, other
residential uses across Otay Lakes Road to the east of the property, and
the San Diego Gas & Electric substation just to the south of the site.
Otay Lakes Road adjacent to this property currently has an average daily
traffic of just under 18,000 which provides an estimated level of service
of C/D. '
The existing on-site drainaEe facilities are minor and are not adequate to
serve the project. The %awrence, Fogg, Flor~r and Smith study of drainage
in the Chula Vista area indicates that under a developed condition, 74;
cubic feet of water per second would enter the property from the south.
The same volume of water would be discharged to the north of the project
site into the Sweetwater Flood Plain.
The current General Plan designation of the property is low density
residential. Otay Lakes Road adjoining the site is designated as a scenic
highway in the Scenic Route Element of the General Plan.
B. Project Description
1. General Plan and ZoninK
The pro~ect consists of a change in the land use element of the
General Plan for 2.09 acres from "low density residential" to 1.36
acres of "professional and administrative offices" and 0.73 acres of
city of chula vista planning department
environmental review section
"retail com~ercial". A comganion rezoninE request from A-D
(aEriculture) to C-O (commercial office, 1.36 acres) and C-C (central
cor~aercial, 0.73 acres), an alternative zoning for the property could
be an R-3 category which would allow the daycare center but not the
more intense co~vaercial zoning.
In addition, the project involves the construction and operation of a
child care facility for up to 204 children ran~ing fn a~e from 2
years to 12 years. This phase of the project will require the
consideration of a conditional use permit at a later date. The hours
of operation will be from 6:00 a.m. to 6:30 p.m.
2. An acoustical report showing compliance with the City's noise
o~dinance will be submitted prior to Plannin§ Co~nission
consideration of the land use.
To implement the project, a substantial amount of fill material would
be placed on the site. The amount will be deteTmined with submittal
of detailed §radin~ plans at a later date.
C. Compatibility with Zonin~ and Plans
This project involves an amendment to the Land Use Element of the General
Plan of the City of Chula Vista to permit the proposed uses in addition to
a companion chan~e in zoning. Plans would also have to be reviewed for
conformance to the Scenic HiEhways Element of the General Plan and the
Noise Element of the Ghula Vista General Plan.
D. Identification of Environmental Effects
1. Soils
Standard development regulatlons through the huildln§ permit process
will identify the extent of any adverse soils conditions on the
property and what measures are necessary to avoid any significant
impacts. Considering this factor alon~ with the anticipated fill
which will be placed on the property, no substantial and adverse
environmental impacts are anticipated.
2. Noise
a. General Plan and Zoning
Development of the property in compliance with the C-C (Central
Co~ercial), C-O (Commercial Office) or an R-3 (Multiple Family)
zone would not result in an acoustical impact which could not be
controlled through the precise plan review process (includin~
additional environmental review if necessary) and enforcement of
the City's noise ordinance. Prior to the consideration of any
land use which could have an acoustical impact, conformance with
the noise ordinance will be demonstrated.
b. Child Care Facility
Because this t~rpe of facility has involved play,round, which
have resulted in noise complaints, the applicant will show
compliance with the noise ordinance before the Plannin~
Commission considers the conditional use permit. This approval
would include a findinE that the proposal complies with the
Municipal Code including the noise ordinance.
3. Aesthetics
Site plan and architectural review of the proposed project by the
Zonin§ Administrator or Design Review Committee will assure
conformance with the Scenic Highways Element of the General Plan.
4. Traffic
It is anticipated that the project will add approximately 448 trips
to the existin§ traffic volumes on Otay Lakes Road elevatin§ it to
about 18,370 ADT. The existin~ C/D level of service on Ota¥ Lakes
Road will remain C/D, which is adequate for this type of street.
E. FindinKs of Insignificant Impact
1. The project site is currently used for various land uses includln~
residential and equestrian-oriented commercial and, therefore, there
are no rare or endangered plant species present and any
archaeological sites would have previously been destroyed. There are
no geological hazards present on or near the property and the
potentially unsuitable soil characteristics can be treated durin~
~radin~ of the property.
2. The project involves an amendment to the Land Use Element of the
Chula Vista General Plan and the zonin~ of the property. If thcs9
amendments are implemented, the project will be i~ conformance with
the General Plan. Review of the site plan and architecture for the
project and implementation of standard buildin~ permit requirements
will assure conforluance with the Scenic Hishways and Noise Element of
the General Plan. The project is, therefore, not anticipated to
achieve any short term ~oals to the disadvanta§e of lon§ term
environmental ~oals.
3. The project will not increase the traffic volumes on Otay Lakes Road
to a limit that would substantially lower its existin~ level of
service. Drainage studies in the project vicinity indicate that
§iven the soil conditions, development of the property would not
significantly increase ~unoff from the property. DurinE the review
of buildin§ pet~it applications, details of on-site drainage
facilities will be reviewed to assure that any ~unoff is carried to
appropriate facilities.
4. The project will not create any source of air contaminants, or other
emissions which would adversely impact human beings. Compliance with
the City's noise ordinance' will assure that there will be no
significant acoustical impact on nearby residences.
F. Consultation ~
1. Individuals and Organizations
City of Chula Vista: Mando Liuag, Associate Planner
Roger Daoust, Senior Civil Engineer
Duane Bazzel, Assistant Planner
Tom Dyke, Building and Housing Department
Ted Monsell, Fire Marshal
Chuck Glass, Traffic Engineer
Applicant's Agent: No~man G. Williams
2. Documents
IS-84-28, Bonita Villa Condos
IS-85-26, Daybridge Learning Center
Chapter 19.80, City of Chula Vista Municipal Code
Scenic Routes Noise Elements, City of Chula Vista General Plan
The Initial Study application and evaluation forms documenting the findings of
no significant impact are on file and available for public review at the Chula
Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010.
ENVIRON~TAL REVIEW COORDINATOR
WPC 1812P
EN 6 (Rev, 12/82)
city of chula vista planning department Fi~l~'~
environmental review section
EN 6 (Rev. 12/82)
City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 1
4. PUBLIC HEARING: (Continued) PCZ-85-C - Consideration to rezone 2.09
acres at 176 Otay Lakes Road from A-D to C-C-P and
C-O-P - Kinder Care Learnin~ Center, Inc.
A. BACKGROUND
1. This item has been continued from the meeting of May 8, 1985, in
order to refine the initial study (IS-85-25) in terms of potentially
significant acoustical impacts. As a result, a revised negative
declaration has been prepared and advertised.
2. The request is for rezonin§ of 2.09 acres located at 176 Otay Lakes
Road from A-D (Agriculture) to C-C-P (Central Commercial) on the
northerly 0.73 acres and C-O-P (Commercial Office) on the southerly
1.36 acres. The applicant has filed a companion request to amend the
General Plan from "Low Density Residential" to "Retail Commercial"
and "Professional and Administrative Commercial."
3. An Initial Study, IS-85-25 of possible adverse environmental impacts
of the project was conducted by the Environmental Review Coordinator
on May 31, 1985, who concluded that there would be no significant
environmental effects and reco~nended that the Negative Declaration
be adopted.
B. RECOMMENDATION
1. Find that this project will have no significant environmental impacts
and adopt the "revised" Negative Declaration issued on IS-85-25.
2. Adopt a motion recommending that the City Council enact an ordinance
to change the zone on 2.09 acres of property located at 176 Otay
Lakes Road from A-D to R-3-P-8 as shown on Exhibit A.
C. DISCUSSION
Adjacent zoning and land use.
North C-C-D Shopping Center
South R-R-1 (County) SDG&E substation and single family
dwellings
East R-3-P-8 Vacant (proposed condos)
R-2-20-D Single family dwellings
R-E Single family dwellings
West R-R-1 (County) Single family dwellings
Existln~ site characteristics.
The 2.09 acres in question are located on the westerly side of Otay Lakes
Road, between the co~ercial development on Bonita Road and the SDG&E
substation at the northwesterly corner of Otay Lakes Road and Allen School
Lane. The site is lower in elevation than surrounding property and
presently accommodates a retail feed-sales establishment, horse corrals
and older residential structures.
City Planning Coranission
Agenda Items for Meeting of June 12, 1985 Page 2
D. ANALYSIS
1. It is the intent of the applicant to establish a day care center on
the southerly 1.36 acres proposed for commercial office zoning. No
plans have been submitted for the day care center or for the
northerly 0.73 acres proposed for retail commercial zoning.
2. Staff originally reco~ended that the easterly extension of the
Bonita commercial area be halted at Otay Lakes Road. However,
coranercial zoning was extended for the Bonita Centre East commercial
project. The present proposal to expand commercial zoning some 500
feet to the south fails to provide any demonstrated or documented
need for additional co~ercial territory within the Bonita community.
3. It might be argued that rezoning the parcel would be consistent with
its present commercial usage. The existing uses and structures on
site, however, are rural fn nature and appearance, and consistent
with the equestrian orientation of the Bonita Valley. Expanding
office and retail commercial enterprises on the property would
represent a definite departure from its existing character.
4. Although there is a topographic separation of this parcel from
surrounding properties, it is of much less magnitude than that which
separates residential areas from the Bonita Road Commercial strip.
Low density estate-type housing abuts the property's westerly
boundary and could be adversely impacted by commercial development of
the site. Access to several of the residential lots to the west is
provided through the proposed rezoning area.
5. While we believe the parcel's topography and adjacency to the Bonita
Road con~nercial strip do not support the request for commercial
zoning, these factors, along with the site's arterial frontage on
Otay Lakes Road, would support residential development at a density
greater than surrounding areas.
In the companion staff report on the applicant's request for a
General Plan Amendment (GPA-85-1) we have recommended that the parcel
be redesignated from "Low Density Residential" (1-3 du/ac) to "Medium
Density Residential" (4-12 du/ac). If this recorm~endatlon is adopted
by the Col~nlssion, then the southerly 1.36 acres of the property
could be rezoned to a low intensity multiple family density which
would be compatible with adjacent areas, and which would also provide
the applicant the opportunity to subsequently apply for the
establishment of the child day care center by way of the conditional
use permit process provided for under the R-3 zone. The rezoning
would not impact the continuing operation of the feed business under
the existing A-D zone on the northerly 0.73 acre portion of the
property. Should the applicant not be successful in securing a
Conditional Use Permit for a day care center, the property could be
developed at a medium residential density. In order to maintain
consistency with the adjacent R-3 zoned area across Otay Lakes Road,
the density should be limited to 8 du's per acre.
WPC 1981P
\ STATION
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\ SFD*
PROPOSED
ZON~ C~NGE
'~ONE CHANGE
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. ind r ,Core Leorning~Centerl ~Exhibit A ·
(//AI~ f ) ~cz-e5-c
'C/J/NORTH" " ~'~'°~*' "" ' ~
negative declaration
PROJECT NAME: Kinder CareLearning Center General Plan Amendment
PROJECT LOCATION: On the westside of Otay Lake~ Road between Bonita Rsad and
Allen School Lane
PROJECT APPLICANT: Kinder Care Learning Centers, Inc.
160 Newport Center Drive, Suite 200
Newport Beach, CA 92660
CASE NO: IS-85-25 DATE: May 31~ 1985
A. Project Setting
The projeat is located on the west side of Otay Lakes Road jdst to the
north of the San Diego Gas & Electrlc Company substation at the corner of
Allen School Lane. and Otay Lakes Road. This area is lower in elevation
than the surrounding terrain and is likely the site of deposits from
erosion upstream; therefore, it is probable that the property contains
expansive soils. The property currently contains a residential use, horse
corrals, and the retail sales of hay and equestrian-oriented products.
Adjoining land uses include a shopping center to %h~- north of the
property, single-family residential uses to the west of the site, other
residential uses across Otay Lakes Road to the east of the property, and
the San Diego Gas & Electric substation just to the south of the site.
Otay Lakes Road adjacent to this property currently has an average daily
traffic of just under 18,000 which provides an estimated level of service
of C/D. '
The existing on-site drainage facilities are minor and are not adequate to
serve the project. The %awrence, Fogg, Florer and Smith study of drainage
in the Chula Vista area indicates that under a developed condition, 747
cubic feet of water per eecond would enter the property from the south.
The same volume of water would be discharged to the north of the project
site into the Sweetwater Flood Plain.
The current General Plan designation of the property is low density
residential. Otay Lakes Road adjoining the site is designated as a scenic
highway in the Scenic Route Element of the General Plan.
B. Project Description
1. General Plan and Zonin~
The project consists of a change in the land use element of the
General Plan for 2.09 acres from "low density residential" to 1.36
acres of "professional and administrative offices" and 0.73 acres of
l city of chula vista planning department ~
environmental review section
"retail commercial". A companion rezoning request from A-D
(a~rlculture) to C-O (commercial office, 1.36 acres) and C-C (central
cor0mercial, 0.73 acres), an alternative zonin~ for the property could
be an R-3 category which would allow the daycare center but not the
more intense corauercial zonln~.
In addition, the project involves the construction and operation of a
child care facility for up to 204 children rangin§ in a§e from 2
years to 12 years. This phase of the project will require the
consideration of a conditional use permit at a later date. The hours
of operation will be from 6:00 a.m. to 6:30 p.m.
2. An acoustical report showlnE compliance with the City's noise
o~dinanee will be submitted prior to Planning Commission
consideration of the land use.
To implement the project, a substantial amount of fill material would
be placed on the site. The amount will be determined with submittal
of detailed gradin~ plans at a later date.
C. Compatibility with Zonin~ and Plans
This project involves an amendment to the Land Use Element of the General
Plan of the City of Chula Vista to permit the proposed uses in addition to
a companion charge in zoning. Plans would also have to be reviewed for
conformance to the Scenic Highways Element of the General Plan and the
Noise Element of the Chula ¥ista Gene=al Plan.
D. Identification of Environmental Effects
1. Soils
Standard development regulations throuEh the buildin~ permit process
will identify the extent of any adverse soils conditions on the
property and what measures are necessary to avoid any siEnificant
impacts. Considering this fac{or alon~ with the anticipated fill
which will be placed on the property, no substantial and adverse
environmental impacts are anticipated.
2. Noise
a. General Plan and ZoninR
Development of the property in compliance with the C-C (Central
Commercial), C-O (Commercial Office) or an R-3 (Multiple Family)
zone would not result in an acoustical impact which could not be
controlled through the precise plan review process (includinE
additional environmental ceview if necessary) and enforcement of
the City's noise ordinance. Prior to the consideration of any
land use which could have an acoustical impact, conformance with
the noise ordinance will be demonstrated.
b. Child Care Facility
Because this type of facility has involved playground, which
have resulted in noise complaints, the applicant will show
compliance with the noise ordinance before the Planning
Commission considers the conditional use permit. This approval
would include a finding that the proposal complies with the
Municipal Code including the noise ordinance.
3. Aesthetics
Site plan and architectural review of the proposed project by the
Zoning Administrator or Design Review Co~ittee will assure
conformance with the Scenic Highways Element of the General Plan.
4. Traffic
It is anticipated that the project will add approximately 448 trips
to the existing traffic volumes on Otay Lakes Road elevating it to
about 18,370 ADT. The existing C/D level of service on Otay Lakes
Road will remain C/D, which is adequate for this type of street.
E. FindinKs of Insi~nlflcant Impact
1. The project site is currently used for various land uses including
residential and equestrian-oriented commercial and, therefore, there
are no rare or endangered plant species present and any
archaeological sites would have previously been destroyed. There are
no geological hazards present on or near the property and the
potentially unsuitable sell characteristics can be treated during
grading of the pt-ope~ty.
2. The project involves an amendment to the Land Use Element of the
Chula Vista General Plan and the zoning of the property. If thesD
amendments are implemented, the project will be i~ conformance with
the General Plan. Review of the site plan and architecture for the
project and implementation of standard building permit requirements
will assure conformauce with the Scenic Highways and Noise ~lement of
the General Plan. The project is, therefore, not anticipated to
achieve any short term goals to the disadvantage of long term
environmental goals.
3. The project will not increase the traffic volumes on Okay Lakes Road
to a limit that would substantially lower its existing level of
service. Drainage studies in the project vicinity indicate that
given the soil conditions, development of the property would not
significantly increase ~unoff from the property. During the review
of building permit applications, details of on-site drainage
facilities will be reviewed to assure that any runoff is carried to
appropriate facilities.
4. The project will not create any sou=ce of air contaminants, or other
emissions which would adversely impact human beings. Compliance with
the City's noise ordinance' will assure that there will be no
significant acoustical impact on nearby residences.
F. Consultation ~
1. Individuals and Or~anlzations
City of Chula Vista: Mando Liua~, Associate Planner
Ro§er Daoust, Senior Civil Engineer
Duane Bazzel, Assistant Planner
Tom Dyke, Building and Housing Department
Ted Monsell, Fire Marshal
Chuck Glass, Traffic Engineer
Applicant's AEent: Norman G. Willianm
2. Documents
IS-84-28, Bonita Villa Condos
IS-85-26, Dayb=idge Learning Center
Chapter 19.80, City of Chula Vista Municipal Code
Scenic Routes Noise Elements, City of Chula Vista General Plan
The Initial Study application and evaluation forms documenting.the findings of
no significant impact are on file and available for public review at the Chula
Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010.
ENVIRONmEnTAL REVIEW COORDINATOR
~PC 1812P
EN 6 (Rev. 12/82)
~,.~ city Of chula vista planning department (i~A~a~"~
environmental review section
EN 6 (Rev. 12/82)
City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 1
5. PUBLIC HEARING: PCM-85-13% Consideration of, appeal from administrative
approval of Tentative Parcel Map 85-10 creatin~ four
parcels from one existin~ parcel at 160-162 Minot
Avenue - several appellants
A. BACKGROUND
On April 16, 1985, the Engineering and Planning Departments conditionally
approved Tentative Parcel Map 85-10 which was filed by Louis Guillemette.
The map is for the purpose of creating four parcels from one existing
parcel at 160-162 Minor Avenue in the R-2 zone.
On May 3, 1985, an appeal from this decision was filed by 45 residents
representin§ 32 Minor Avenue properties in the ir~nediate vicinity of the
proposal site.
B. RECOMMENDATION
Continue PCM-85-13 for 90 days in order to allow for the completion of a
zoning study for the area ~enerally bounded by First and Second Avenue,
and "E" and "D" Street. (Reference Exhibit "A")
C. DISCUSSION
Adjacent zonln~ and land use
North R-2 Single-family dwelling
South R-2 Single-family dwelling
East R-2 Single-family dwelling
West R-2 Single-family dwelling and vacant
ExistinK site characteristics
The 0.86 acre site in question is located on the easterly slopes of a
canyon between Second and Minor Avenues north of "E" Street. The parcel
is a through-lot with fronta§e on both Minor Avenue and Las Flores Drive.
The property currently contains three single family dwellinss and a
detached §arage.
Tentative Map
The property is proposed to be subdivided into four parcels--including two
panhandle lots--which would ranse in size from 7,055 sq. ft. to 13,250 sq.
ft. Two of the parcels would receive access from Minor Avenue and the
other two from Las Flores Drive. The existing single-family dwelling
closest to Minor Avenue would be retained, while the other two dwellings
and the detached garage would be removed. The three resulting vacant
parcels would each accommodate a two-family dwelling.
City Plannln§ Conm~issiou
Agenda Items for Meeting of June 12, 1985 Page 2
Staff approval
Staff approval of the parcel map was based on the fact that all of the
parcels meet the minimum lot size requirement of the underlying R-2 zone,
and all other requirements of the City Code and State Map Act. Conditions
of approval ineluded a requirement that the owner make an irrevocable
offer to dedicate a 6-foot wide strip along the westerly side of Minot
Avenue in the event future development in the area necessitates the
widening of Minor's narrow 40-foot right-of-way (30-foot travalway).
Appeal
The appellant's have claimed that the increased density that will result
from this and future lot splits in the area will generate additional
traffic, necessitate the widening of Minor Avenue and place the travelway
too close to existing dwellings, and, consequently, will result in the
deterioration of the quiet, ~ural atmosphere presently enjoyed by the
residents of this ares.
D. ANALYSIS
The concerns of the appellants would appear to have merit. The staff
recommendation to require an irrevocable offer of dedication along Minot
is in anticipation that future development at current allowable densities
will likely increase traffic beyond Minot's ability to handle it. As lot
splits and development occur, the character of the area would be altered
into a more urban fo~m. The issue raised by this appeal is one of
nei§hborhood zoning and density rather than findings required for the
approval or disapproval of this particular parcel map. The map as
submitted meets all applicable local and state requirements and was,
therefore, approved on that basis. The question thus becomes is the
underlying zoning appropriate for the area?
Briefly, the block bounded by First and Second Avenue, "E" Street, and a
straight line connecting sections of "D" Street lying westerly of Second
Avenue and easterly of First Avenue, has been zoned R-2 since at least the
adoption of a new comprehensive City zoning ordinance in 1949. There is
no documentation on why it was so zoned, but the surrounding area was and
is largely zoned R-I, including the area to the north which consists of
similar canyon terrain.
Based on the terrain of the area, the property's relationship to
surrounding areas, and the capacity of existing rights-of-way, the block
in question certainly appears to be a candidate for consideration of a
lesser residential density. Furthermore, the existing pattern of
development does not foreclose the possibility of such a reassessment. Of
the 117 parcels within the block, the latest land data available to the
department indicates that 17 are vacant, 75 are developed with
single-family dwellings, 23 are developed with two-family dwellings, and
two properties contain 3 and 4 units repectively.
It is therefore recou~ended that the Planning CoKanission continue
consideration of this appeal and direct staff to i~m~ediately initiate a
rezoning study for the area in question.
WPC 1969P
City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 1
6. PUBLIC HEARING: PCA-85-3 - Consideration of an ordinance by the City
of Chula Vista amending several sections of the Zoning
Ordinance to regulate satellite dishlantennae
A. BACKGROUND
In December 1984, the City Council commented about the increased number of
satellite dish antennae being erected in residential and commercial areas
within the City. On January 12, 1985, the Council adopted an interim
ordinance providing for a moratorium on the construction or installation
of satellite dish antennae for 90 days. Expiration of the moratorium on
April 12, did not leave sufficient time for public hearings before the
Planning Commission and City Council; therefore, an urgency ordinance was
adopted by the Council on April 9, 1985. At that time, Council directed
that the Ordinance be referred to the industry, Chula Vista Chamber of
Commerce and the Planning Commission for additional review and public
hearing consideration.
The Chamber of Commerce has responded verbally that they see no problems
with the regulations. The satellite antennae dealers and industry were
sent copies of the regulations and invited to a workshop meeting held on
May 16, 1985. Additional comments were received as follows: A few
dealers telephoned indicating, that while they would prefer no
regulations, they could "live with" the proposed Chula Vista ones. An
opposition letter from Mr. Dale E. Stone, 152 "L" Street dated May 2,
1985, is attached; Mr. Stone has an existing residential roof top antennae
and would become a legal non-conforming use following ordinance adoption.
Enclosed is also a May 15, 1985, letter from Lauritz S. Hellend
representing the Society for Private and Commercial Earth Stations
(SPACE). The letter states that there may be topographic or man-made
obstructions which could block or limit reception. We agree, and where it
can be demonstrated that such is the case in a rear yard of a residential
area, it would be appropriate to have the Zoning Administrator consider
granting a variance for sideyard, front, or rooftop installations. The
second point in the letter is that the maximum dish height should be
increased from 12 to 15 feet. The City of San Diego is proposing an
amendment to the language of their draft text to go from 12 to 15 feet.
On the other hand, the City of Phoenix has had an ordinance in effect for
three years with a 12-foot limit with no apparent problem.
The proposed ordinance amendment is for accessory structures which are
exempt from environmental review. Therefore, this amendment is a Class
3(e) exemption from environmental review.
B. RECOMMENDATION: That the City Council adopt the ordinance as proposed.
City Planning Commission
Agenda Items for Meeting of June 12, 1985 Page 2
C. DISCUSSION
Staff has been reviewing in considerable detail written materials
available on the regulation of satellite dish antennae. These sources
include information from the San Diego County Telecommunications Task
Force, Society for Private and Commercial Earth Stations, ordinances from
other cities and communities and the recent proposed amendment processing
through the City of San Diego.
The current language proposed for Chula Vista is somewhat similar to that
of the City of San Diego proposal. Both would define satellite antennae
as permitted accessory uses in a residential zone if they are ground
mounted and in the rear portion of the lot. No permit would be required.
Both ordinances require screening and buffering, limit height and preclude
placement in a hillside modifying district. Setbacks are al so
established. The San Diego Ordinance would permit the placement of
rooftop antennae in a residential zone subject to screening pursuant to a
permit to be granted by the Zoning Administrator. The Chula Vista
regulations would prohibit a rooftop antennae in a residential district
unless a variance were filed and approved. The Chula Vista standards
would also allow one dish per lot and mandate that use be for private
non-commercial purposes in a residential zone. No minimum diameter is
proposed since the height, placement and screening will dictate and
control accordingly.
In commercial districts, the provisions are somewhat different from San
Diego. For rooftop mounted commercial proposals, we are recommending a
building permit and also a conditional use permit process as appropriate
review mechanisms. In addition, the criteria for rooftop mounted dishes
includes a review of the dish color and a restriction in all cases as to
the placement of advertising on the dish face.
In summary, it is felt that the regulations constitute a reasonable set of
guidelines for community protection, safety, and general welfare.
WPC 1962P
ORDINANCE NO. 2108
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SEVERAL
SECTIONS OF THE ZONING ORDINANCE REGULATING SATELLITE
DISH ANTENNAS
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: This ordinance amends Sections 19.04.199,
19.04.200, 19.22.030, 19.24.030, 19.26.030, 19.28.030, 19.30.030,
19.30.040, 19.32.030, 19.32.040, 19.34.020, 19.34.030, 19.36.020,
19.36.030, 19.38.020, 19.38.040, 19.40.020, 19.40.030, 19.42.030,
19.42.040, 19.44.030, 19.44.040, 19.46.030 and 19.46.040 of the
Chula Vista Municipal Code by adding the following:
Section 19.04.199 of the Chula Vista Municipal Code is
added by renumbering present Section 19.04.200 entitled
"Salvage Yard" to Section 19.04.199. A new Section
19.04.200 entitled "Satellite Dish Antenna" shall read
as follows:
Sec. 19.04.200 Satellite Dish Antenna.
"Satellite Dish Antenna" is a device or instrument,
designed or used, for the reception of television or
other electronic communications signal broadcast or
relayed from an earth satellite. It may be a solid,
open mesh or bar configured structure, typically 8-12
feet in diameter, in the shape of a shallow dish or
parabola.
That Section 19.22.030 is hereby amended by adding a new
subsection F to read as follows:
R-E RESIDENTIAL ESTATE ZONE
Sec. 19.22.030 Accessory Uses and Buildings.
F. A Satellite dish antenna may be located in a
residential district when it complies with the
following conditions:
1. It is ground mounted.
~1-
2. It is not located in a front yard or exterior
side yard, said yard to be measured from any
portion of the building to the front or
exterior side property line.
3. It complies with setback requirements of the
underlYing zone for accessory structures.
4. It does not exceed twelve (12) feet in height
above existing grade.
5. It shall be located on lots where at least a
5-foot high solid wall or fence is installed
between the dish antenna and adjacent
properties.
6. It shall be screened so that only the upper
twenty-five (25) percent of the antenna height
is visible from any adjacent residential zone,
right-of-way, or private street easements, at
horizontal grade level.
7. It shall not be located in the H Hillside
Modifying District.
8. Only one satellite dish antenna shall be
permitted per lot. -
9. Satellite dish antennae with diameter
measuring less than one (1) meter may be
installed in a manner consistent with typical
television antennae.
10. Satellite dish antennae shall be used for
private, non-commercial purposes.
That Section 19.24.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection F to read as follows:
R-1 SINGLE-FAMILY RESIDENCE ZONE
Sec. 19124.030 Accessory Uses and Buildings.
F. Satellite dish antenna as per the provisions of
Section 19.22.030F.
That Section 19.26.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection F to read as follows:
-2-
R-2 ONE A_ND TWO-FAMILY RESIDENCE ZONE
Sec. 19.26.030 Accessory Uses and Buildings.
F. Satellite dish antenna as per the provisions of
Section 19.22.030F.
That Section 19.28.030 'of the Chula Vista Municipal Code is
hereby amended by adding a new subsection F to read as follows:
R-3 APARTMENT RESIDENTIAL ZONE
Sec. 19.28.030 Accessory Uses and Buildings.
F. Satellite dish antenna as per the provisions of
Section 19.22.030F.
That Section 19.30.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection C to read as follows:
C-O ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE
Sec. 19.30.030 Accessory Uses and Buildings.
C. A satellite dish antenna may be located in a
commercial district when it complies with the ~provisions
of standards 1 through 9 in Section 19.22,030F.
That Section 19.30.040 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection J to read as follows:
Sec. 19.30,040 Conditional Uses.
J. Roof-mounted satellite dishes subject to the
following standards or conditions:
1. These dishes shall be screened, using
appropriate matching architectural materials
or parapet walls.
2. Dishes shall be of a neutral color, match the
building or as otherwise approved by the City.
3. A building permit shall be required.
4. No advertising material shall be allowed on
the satellite dish antenna. Satellite dish
antenna containing advertising material shall
be considered a sign.
-3-
That Section 19.32.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection L to read as follows:
C-B CENTRAL BUSINESS ZONE
Sec. 19.32.030 Conditional Uses.
L. Roof-mounted satellite dishes subject to the
standards set forth in Section 19.30.040.
That Section 19.32.040 of the Chula Vista Municipal Code
is hereby amended by adding the following language:
Sec. 19.32.040 Accessory Uses and Buildings.
A satellite dish antenna may be located in a commercial
district when it complies with the provisions of
standards 1 through 9 in Section 19.22.030F.
That Section 19.34.020 of the Chula Vista Municipal Code
is hereby amended by amending subsection L to read as follows:
C-N NEIGHBORHOOD COMMERCIAL ZONE
Sec. 19.34.020 Permitted Uses.
L. Accessory uses and building customarily appurtenant
to a permitted use, such as incidental storage
facilities and satellite dish antennas in accordance
with the provisions of Section 19.22.030F.1-9..
That Section 19.34.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection F to read as follows:
Sec. 19.34.030 Conditional Uses.
F. Roof-mounted satellite dishes subject to the
standards set forth in Section 19.30.040.
That Section 19.36.020G of the Chula Vista Municipal
Code is hereby amended to read as follows:
C-C CENTRAL COMMERCIAL ZONE
Sec. 19.36.020 Permitted Uses.
G. Accessory uses and buildings customarily appurtenant
to a permitted use and satellite dish antenna in
accordance with the provisions in Section 19.22.030F.1-9.
-4-
That Section 19.36.030 of the Chula Vista Municipal Code
is hereby amended by adding thereto a new subsection N to read as
follows:
Sec. 19.36.030 Conditional Uses.
N. Roof-mounted satellite dishes subject to the
standard set forth in Section 19.30.040.
That Section 19.38.020H of the Chula Vista Municipal
Code is hereby amended to read as follows:
C-V VISITOR COMMERCIAL ZONE
Sec. 19.38.020 Permitted Uses.
H. Accessory use and building customarily appurtenant
to a permitted use and satellite dish antenna in
accordance with the provisions in Section 19.22.030F.1-9.
That Section 19.38.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection K to read as follows:
Sec. 19.38.040 Conditional Uses.
K. Roof-mounted satellite dish subject to the standards
set forth in Section 19.30.040.
That Section 19.40.020L of the Chula Vista Municipal
Code is hereby amended to read as follows:
C-T THOROUGHFARE COMMERCIAL ZONE.
Sec. 19.40.020 Permitted Uses.
L. Accessory uses and buildings customarily appurtenant
to a permitted use and satellite dish antenna in
accordance with the provisions in Section 19.22.030F.1-9.
That Section 19.40.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection X to read as follows:
Sec. 19.40.030 Conditional Uses.
X. Roof-mounted satellite dishes subject to the
standards set forth in Section 19.30.040.
That Section 19.42.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection F to read as follows:
I-R RESEARCH INDUSTRIAL ZONE.
Sec. 19.42.030 Accessory Uses and Buildings.
F. Satellite dish antenna are permitted in accordance
with the provisions of Section 19.22.030F.1-9.
That Section 19.42.040 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection E to read as follows:
Sec. 19.42.040 Conditional Uses.
E. Roof-mounted satellite dishes subject to the
standards set forth in Section 19.30.040.
That Section 19.44.030 of the Chula Vista Municipal Code
is hereby amended by adding thereto a new subsection E to read as
follows:
I-L LIMITED INDUSTRIAL ZONE
Sec. 19.44.030 Accessory Uses and Buildings.
E. Satellite dish antenna are permitted in accordance
with the proyisions of Section 19.22.030F.1-9.
That Section 19.44.040 of the Chula Vista Municipal Code
is hereby amended by adding thereto a new subsection N to read as
follows:
Sec. 19.44.040 Conditional Uses.
F. Roof-mounted satellite dishes subject to the
standards set forth in Section 19.30.040.
That Section 19.46.030 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection E to read as follows:
I-GENERAL INDUSTRIAL ZONE
Sec. 19.46.030 Accessory Uses and Buildings.
E. Satellite dish antenna are permitted in accordance
with the provisions of Section 19.22.030F.1-9.
That Section 19.46.040 of the Chula Vista Municipal Code
is hereby amended by adding a new subsection I to read as follows:
-6-
Sec. 19.46.040 Conditional Uses.
I.. Roof-mounted satellite dishes subject to the
standards set forth in Section 19.30.040.
SECTION II: This ordinance shall take become effective
upon its first reading and adoption if passed by at least four
(4) affirmative votes of the City Council as an emergency measure.
Presented by Approved as to form by
/S/ George Krempl / .~"~'~'>'~/~'~/~';
George Krempl, Director of Thomas J. Harron, City
Planning Attorney
0291a
-7-
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AT FIRST READING THIS 9th DAY OF APRIL
19 85 , BY THE FOLLOWING VOTE, TO-WIT:
AYES: COUNCILMEMBERS: COX, Malcolm, MeCandliss, Scott, Moore
NAYES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/s/ Gregory R. Cox
Mayor of the City of Chula Vista
ATTEST /s/ Jennie M. Fulasz · City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss.
CITY OF CHULA VISTA )
I. JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of ORDINANCE NO. 2108 , and that the same has
not been amended or repealed.
DATED April 10, 1985
City Cler ~
(seal)
CC-660
ALEXANDRIA, VIRGINIA 22,~.
SOCIETY FOR PRIVATE AND COMMERCIAL EARTH STATIONS
RECEIVED
May 15, 1985
Director of Planning
City of Chula Vista
276 -4th Avenue
Chula Vista, CA 92010
Dear Mr. Kremph
We have received your letter of April 29, 1985, enclosing a copy of Ordinance No.
2108, amending sections of your city's zoning ordinance to provide for the regulation of
satellite dish antennas. We have reviewed the ordinance and are concerned with some of
its provisions.
Specifically, ~}19.22.030F. 1 requires satellite dish antennas to be ground mounted.
Section F.2 prohibits dishes from being located in front or exterior side yards. Section
f.5. requires dishes to be located on lots "where at least a five foot solid wall or fence is
installed between the dish antenna and adjacent properties". Section F.6 requires the
dish to be screened so that only the upper 25 percent of the antenna height is visible
from any adjacent residential zone, right-of-way, or private street easements at
horizontal grade level. Because satellite transmissions are microwave signals, a direct
"line of sight" between the antenna and orbiting communications satellites is required for
reception. Obstruction of this line of sight by a hill, a building, or even a tree, could
eliminate reception. A rigid siting requirement, such as a requirement that all dish
antennas be ground mounted and installed only in rear yards could prevent their use by a
significant number of residents. Furthermore, restrictive screening or shielding
requirements could likewise interfere with a dish's line of sight and prevent reception.
Some flexibility should be incorporated into the ordinance's siting and screening
requirements to accommodate circumstances in which line of sight difficulties prevent
literal compliance and adequate reception.
Section 19.22.030F.4. imposes a height limitation of 12 feet upon dish antenna
installations. Most communication satellites operating today operate in the "C-Band"
(3.7-4.2 billion cycles per second, or 3.7-4.2 "gigahertz" (GHz)). The satellites use a very
small amount of energy (about 5-8 watts) to transmit signals nearly 50,000 miles from
their transmission points to satellites (orbitting approximately 20,000 miles above the
equator) and back to reception points on earth. Because of this, satellite signals are
generally quite weak by the time they return to the earth's surface and dish antennas,
which are basically reflective collecting dishes, must be fairly large to collect enough
signals to produce an intelligible picture. Generally, dishes 10-12 feet in diameter are
necessary in most parts of North America to receive useable satellite signals. A
normally installed satellite antenna with a dish diameter of 12 feet will be close to 15
feet in height.
In our letter to you of February 19, 1985, we enclosed a copy of The Satellite Earth
Station Zoning Book; copies of proposed ordinances under consideration in the cities of
Modesto and Ojai, California; and copies of a court decision from Coral Gables, Florida
and a Maryland Attorney General opinion. We hope those materials were of assistance to
you in your efforts to draft reasonable regulations. To further assist you, we are
Mr. George Krempl
May 15, 1985
Page No. 2
enclosing copies of ordinances that have recently been enacted or are under
consideration by the cities of Billings, Montana and Ventnor City, New Jersey.
Additionally, we are enclosing a copy of a recent Notice of Proposed Rulemaking issued
by the Federal Communications Commission. In this notice, the Commission has
proposed to preempt discriminatory zoning ordinances adversely affecting satellite dish
antenna installation and use.
Thank you for keeping us advised of your progress and your efforts to draft
regulations in this field. If you have any questions or if we can be of further assistance,
please do not hesitate to contact us. /x
t~rown & Finn, Chartered
Counsel to the Satellite Television
Industry Association/SPACE
LSH:cwk
Enclosures: Billings, Montana and Ventnor City, California materials
F CC Notice of Proposed Rulemaking
cc:(enc.) John Goss, City Manager
Tom Harrom, City Attorney
City of Chula Vista
276 - 4th Avenue
Chula Vista, CA 92010