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HomeMy WebLinkAboutPlanning Comm Reports/1988/07/27 AGENDA City Planning Commission Chula Vista, California Wednesday, July 27, 1988 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL OF MINUTES - Meeting of June 22, 1988 ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's juris- diction but not an item on today's agenda. Each speaker's presentation may not exceed five minutes. 1. PUBLIC HEARING: PCC-88-23M Conditional Use Permit: Request to expand a mini-warehouse facility at 340 Naples Street - Naples Street Investors Ltd. (Continued) 2. PUBLIC HEARING: Variance ZAV-88-20: Request to reduce side yard setbacks and increase height of fencing in front yard setback on Lot 158 of Rancho Robinhood III subdivision - Dennis E. White 3. PUBLIC HEARING: Variance ZAV-88-19: Request to retain existing lot coverage of 46.2% at 165 Murray Street - Joseph A. Raso 4. REPORT: Formation of proposed Open Space District No. 18 - Rancho del Sur ELECTION OF OFFICERS DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT p.m. to the Regular Business Meeting of August 3, 1988 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 July 27, 1988 1. PUBLIC HEARING: Conditional Use Permit PCC-88-23M: Request to expand a miniwarehouse facility located at 340 Naples Street Naples Street Investors, Inc. The City Council, at their meeting of April 26, 1988, considered an appeal of a denial of a major use permit to expand an existing mini-warehouse at 340 Naples Street and was presented with revised plans and elevations enhancing the archi- tecture of the proposed expansion. Council voted to continue the hearing on the appeal until the Montgomery Planning Committee had reviewed the new architectural design and had an opportunity to comment. The Montgomery Planning Committee, at their meeting of June 1, 1988, voted to continue the hearing on the Council referral until July 20, 1988, in order to allow staff to formulate proposed conditions of approval and findings for approval of the major use permit (staff's recommendation to the Committee was for denial of the major use permit, therefore, conditions of approval were not available). The hearing was automatically continued to August 3 when the meeting of July 20 was cancelled. Staff is again requesting that the hearing before the Planning Commission on the Council referral be continued to the meeting of August 10, 1988 to allow time for the Montgomery Planning Committee to formalize their recommendation. City Planning Commission Agenda Items for Meeting of July 27, 1988 Page 1 2. PUBLIC HEARING: Variance ZAV-88-20; request to reduce sideward setbacks and increase height of fencing in front yard setback on Lot 158 of Rancho Robinhood III subdivision - Dennis E. White A. BACKGROUND 1. This item involves the following requests: (a) reduce the sideyard setback on the southerly property line from 25 feet to 15 feet, (b) reduce the sideyard setback on the northerly property line from 25 feet to 23 feet, and (c) increase the height of fencing in the front yard setback from 3.5 feet to 5.0 feet. 2. The project is exempt from environmental review. B. RECOMMENDATION Based on findings contained in Section "E" of this report, adopt a motion to approve the request, ZAV-88-20, to reduce the sideyard setbacks from 25'-15' on southerly property line , 25' to 23' on northerly property line and increase fence height from 3-1/2' to 5' in the front property line, subject to the following condition: a. Site plan and architectural review by the Planning Director. Failure to comply with this condition of approval shall cause this permit to be reviewed by the City for additional conditions of revocation. C. DISCUSSION Adjacent zoning and land use. North R-E-P Single Family South P-C Vacant East R-E-P Single Family West R-E-P Vacant Existin~ site characteristics. The site is vacant and zoned R-E-P (Residential Estate/Precise Plan). The property is an irregular-shaped panhandle lot with approximately 16,700 sq. ft. of area, and sloping topography which rises some 30 feet from the westerly property line to the easterly property line. The lots to the north and east contain single family dwellings, while the lot to the west and the acreage to the south are vacant. City Planning Commission Agenda Items for Meeting of Page 2 Proposed request. The request is to vary from the sideyard setback requirements by l0 feet on the south and 2 feet on the north in order to construct a 3,000 sq. ft. single family dwelling on the easterly portion of the site, and a swimming pool on the westerly portion of the site in the front yard setback area. The request for an increase in fence height in the front setback would be to accommodate the necessary fencing to enclose the pool. D. ANALYSIS The site is subject to the yard requirements established by the precise plan for the Rancho Robinhood III subdivision. This development includes a combination of standard and custom lots on the more developable portions of the site and the retention of almost 50% of lO0-acre project area as permanent open space. As a result, most of the standard lots and some of the custom lots are less than the 20,000 sq. ft. minimum lot size required in the basic R-E zone. The property in question is one of only six lots subject to the most restrictive sideyard requirements which caLl for 25 ft. minimum on each side. The remaining 32 custom lots in the 110 unit subdivision are subject to setbacks of 18 ft. on one side and 7 ft. on the other, while the 72 standard lots require 10 ft. on each side which is consistent with the basic R-E zone standard. The only apparent reason for requiring the most restrictive sideyards on the six lots in question is that these are the only "custom panhandle" lots in the project. There are other standard panhandle lots which are subject to the least restrictive setbacks, and there are larger custom lots which front upon a public street which are subject to the less restrictive custom standard of 18'/7'. In this sense, we believe the restriction is somewhat arbitrary. An additional factor is that Lot 158 is by far the smallest of the six lots subject to the 25'/25' sideyard requirement. At 16,700 sq. ft., it is 3,100 sq. ft. less than the next largest lot and 7,000 sq. ft. less than the average of all six lots (the remaining five lots contain square footages of 19,800, 22,400, 23,000, 29,200 and 30,900 sq. ft. respectively; the 22,400 and 29,200 sq. ft. lots have increased their square footages to 31,400 and 41,800 by the purchase of adjacent acreage since the original subdivision. In essence, then, this 16,700 sq. ft. lot -- which in actuality contains approximately 14,300 sq.ft, of developable area excluding the access drive--is subject to sideyard setbacks which are 2.5 time greater than that applied to a standard R-E zoned lot requiring a minimum lot size of 20,000 sq. ft. Also, the area of greatest encroachment from 25 ft. to 15 ft. along the southerly property line abuts the E1 Rancho del Rey Specific Plan area which shows an interface of open space and estate housing at the approximate location of the applicant's lot. City Planning Commission Agenda Items for Meeting of Page 3 E. NEIGHBORHOOD INPUT A petition has been received from 13 residents of the immediate area requesting denial of the variance, as well as seeking the City's assistance in limiting the building height to one story. The petition notes residents' concerns over view obstruction which will occur with a building higher than one story. The Municipal Zoning Regulations allow single family dwellings of 2-1/2 stories, up to 28 ft. in height as a matter of right. In addition, other two-story houses exist in the immediate area. F. FINDINGS OF FACT ARE AS FOLLOWS: 1. The lot in question contains approximately 16,700 sq. ft. and a depth of 100 ft. The setbacks prescribed in the R-E zone are in anticipation of lots having a minimum of 20,000 sq. ft. and a lot depth of approximately 200 ft. 2. Other properties in the general vicinity have setback requirements less restrictive than the subject lot. 3. The lot abuts an open space to the rear and is proposed to be graded l0 ft. lower than the immediate parcel to the east. The increased fence height is necessary to comply with pool safety standards. ~. The General Plan is not affected by the granting of this request. WPC 5384P ~~SB ~UKr. EY PRIY~, ~ CITY OF CHULA VISTA DISCLOSURE STATE~NT 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. Denn±$ E. Wh±te List the names of all persons having any ownership interest in the property involved. Dennis E. White 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 $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No × If yes, please indicate person(s) Person is defined as: "Any individual, firm, copartnership, joint venture, association, soc-'6E~T club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary?r-.. ~ -Signature of applicant/date WPC 0701P ... ~enn±$ E. Wh±te/o~.er A-110 Print or type name of applicant City Planning Commission Agenda Item for Meeting of July 27, 1988 Page 1 3. PUBLIC HEARING: Variance ZAV-88-19; Request to retain existin~ lot coverage of 46.2% at 165 Murray Street - J. Anthony Raso A. BACKGROUND 1. This item involves a request to retain the existing lot coverage at 46.2% for the single-family dwelling at 165 Murray Street in the R-1 zone rather than reducing the lot coverage to 40% as called for by the Municipal Code. 2. The history of this matter dates back to February, 1986. Following is a recap of events: 2/26/86 - Official Stop Work Order issued to the applicant because the house contained a third story, exceeded lot coverage and numerous discrepancies were noted in the field compared with the approved building plans (including a stairway to the upper level and an overall roof height of 42 feet). 3/24/86 - Variance filed by applicant to increase lot coverage from 40 to 61 percent and allow a third story. 4/23/86 - Planning Commission denied the variance request by a vote of 5-0 with one abstention and one member absent. 5/06/86 - City Council denied the variance but indicated they might be willing to reconsider based upon the applicant's offer to redesign the house and work with the Design Review Committee on alternate designs. 5/19/86 - The Design Review Committee was unable to make a 6/05/86 recommendation on the exterior building design because of a lack of detail on the plans. They suggested professional design assistance be sought by the applicant. He declined. 6/11/86 - The Planning Commission reconsidered the variance request and denied it 6-0 with one member absent. 6/17/86 - City Council reconsidered the variance and adopted staff recommendation and resolution, 4-1. This action was to deny the variance request for the third story and deny the lot coverage variance for 61%, but approve a variance for 46.2%. The latter was based on conditions which called for removal of the accessory building, lowering the roof height to a maximum 30 feet to the highest point and the exterior design being~eviewed and approved by the Design Review Committee. Staff was to work with the applicant on a redesign and come back to Council with cost estimates for implementation. City participation in the cost for design was expressed as a possibility. City Planning Commission Agenda Items for Meeting of July 27, 1988 Page 2 7/8/86 - Planning Department report on process to select an architect for redesign of the house exterior accepted by Council. City Attorney to prepare an agreement to be executed with the applicant. 8/5/86 - City Council decided not to proceed with architectural redesign. Council unanimously revoked its previous partial variance approval and denied the lot coverage variance and story variance. The applicant was directed to lower the top of the roof to 35 feet (as depicted on the original approved building pla-~); remove the shed in the rear yard, open up the roof area over the swimming pool and remove the stair access and flooring to the upper level. The work to all be completed within 120 days of the lifting of the stop work order. 9/2/86 - Stop work order lifted. All compliance work to be completed by 1/2/87. 2/10/87 - City Council passed a resolution authorizing a 60-day extension to complete the work to open up the covered area over the swimming pool. This period expired 4/10/87. (Applicant had reduced roof height to 35 ft. and removed shed.) 2/28/87 - Letter sent by Mr. Raso to the Building and Housing Department that opening up the pool impractical and of no benefit. Further, additional land has been acquired from the two lots to the east no longer resulting in the lot exceeding the 40% coverage limit. 3/13/87 - City Council information item and letter from the Planning Director to Mr. Raso stating that the lot expansion solution is unacceptable. 4/07/87 - Drawing received from Mr. Raso as to intent with respect to improvements now within the attic area. 4/14/87 - Written communication from Mr. Raso to the City Council. Copies of Council minutes and actions and Planning Commission actions are included with the letter. 4/28/87 - Council directed staff to have an engineering analysis done on the house to assess the feasibility and approximate cost of opening the area above the pool. 7/14/87 - Council considered engineering analysis that showed lot coverage could be reduced to 40% in three alternative ways at a cost of from $10,000 to $30,000. Council deferred action on this issue to allow applicant to pursue a variance to retain the existing lot coverage, but directed Mr. Raso to comply with requirement to remove access and certain improvements to the "attic." City Planning Commission Agenda Items for Meeting of July 27, 1988 Page 3 7/15/87 - Applicant filed variance to increase lot coverage from 40 to 46.2%. 8/26/87 - Planning Commission denied the variance request by a 5-0 vote. 9/8/87 - City Council voted 4-1 to approve the variance subject to the following conditions: reduce roof height to 30 ft.; no access to or use of 2nd story deck; "attic" access limited to crawl space and all facilities in attic removed (hot tub, fireplaces, plumbing); remove french door access from deck to attic and install permanent wall improvements; 2x6's installed over existing attic flooring; provide landscape buffer on rear of house subject to review/approval of City Landscape Architect; all of the above to be accomplished within 45 days or variance shall be null and void. 10/28/87- City Attorney notifies applicant that conditions have not been met; variance is null and void and lot coverage must be reduced to 40%. 12/1/87 - Mr. Raso files claim for damages against the City citing loss of use and value of property and emotional distress resulting from City's improper interpretation and application of Codes, unreasonable conditions of approval for a variance, and selective enforcement, among other things. 1/12/88 - Council and Mr. Raso agreed to first of several extensions of time to act on claim. Last extension granted to meeting of 8/9/88. 5/27/88 - Applicant files present request. 3. The proposal is exempt from environmental review as a Class 5(a) exemption. B. RECOMMENDATION Adopt a motion to deny ZAV-88-19. 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 City Planning Commission Agenda Items for Meeting of July 27, 1988 Page 4 Existing site characteristics. The property in question is a level, rectangular, single-family lot containing 8,824.4 sq. ft. of area and measuring 65 ft. x 135.76 ft. The parcel is surrounded by R-1 lots of similar size in a stable single-family neighborhood. Proposed request. This application has been filed in order to retain an expanded single family dwelling in its present configuration. The 35 ft. high, 8,000+ sq. ft. single-family dwelling covers 4,085 sq. ft. or 46.2% of the lot. Coverage in the R-1 zone is limited to 40%, or in this case 3,530 sq. ft., a difference of 555 sq. ft. Although the floor area ratio (FAR) is more than twice the allowable 0.45 single family standard, the original building permit for the project was issued prior to the adoption of the FAR restriction. In support of the request, the applicant has offered to record deed restrictions on the property -- that would run with the land and be enforceable by the City as well as the owner of any property on the lO0 blocks of Murray or Halsey Streets -- which would (1) prohibit the use of the third level and deck for any purpose other than enclosed storage, (2) remove and close all third level window openings, (3) remove the existing internal stairway to the third level, and (4) reduce the opening between the third floor and the deck to 22 inches x 36 inches for services only (please see attached for copy of proposed deed restrictions and third level floor plan with notations by applicant). D. ANALYSIS Lot coverage restrictions have been established in order to help control the size or bulk of structures in relation to the size and use of property. In the case of single-family parcels, the standard is established at 40% lot coverage. Lot coverage and other bulk standards, including setback restrictions, are 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 an administrative act to allow a variation from the strict application of the regulations of the particular zone, and 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 .... " City Planning Commission Agenda Items for Meeting of July 27, 1988 Page 5 The property under consideration is a level and rectangular 65'x135.76' R-1 parcel containing 8,824.4 sq. ft. of lot area. The parcel exceeds the present lot size and width requirements for standard R-1 lots (7,000 sq. ft. in area and 60 ft. in width), and is surrounded by R-1 lots of like size in a stable R-1 single-family neighborhood. Under the applicable R-1 40% lot coverage and height restrictions, this parcel can accommodate a single story footprint containing 3,529.7 sq. ft. of coverage or a two-story dwelling containing 7,059.4 sq. ft. There appears to be nothing unique about the subject parcel by virtue of its size, location, design or topographical features or its relationship to adjacent properties which would prevent the reasonable use of the property under the strict application of the R-1 zone lot coverage restrictions. E. CONCLUSION Since the claim was filed by Mr. Raso in December 1987, staff from the Manager's office, Building and Housing Department, Planning Department and City Attorney's Office have pursued possible options to litigation with Mr. Raso and his attorney. The only alternate for which there was any agreement to proceed with is the present variance request. The exchange for forgiving the lot coverage excess is a substantial benefit by precluding use of the deck and severely limiting the use of the upper level. This could increase the peace and quiet and privacy for the adjoining single family residents. If the Commission wished to favorably consider the variance, we would recommend a two week continuance to prepare new findings. On balance though, the Planning Department still recommends denial of the variance. F. FINDINGS 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. There is no apparent hardship peculiar to the property in that the lot is a level, rectangular parcel containing 8,824 sq. ft. of lot area which can accommodate 3,530 sq. ft. of coverage under the 40% R-1 standard. As noted above, the financial burden of reducing lot coverage is not a hardship justifying a variance. City Planning Commission Agenda Items for Meeting of July 27, 1988 Page 6 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. The dwelling size can be modified to comply with the 40% lot coverage provision and maintain a total floor area exceeding other single family dwellings located within the vicinity. Neighboring properties are at or below 40% coverage. 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. The granting of the variance would authorize coverage and bulk in excess of that enjoyed by adjacent properties. A reduction in coverage would reduce the visual impact of the dwelling. 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. The authorization of the variance is inconsistent with the objectives of the General Plan as they relate to the visual quality and the scale of buildings within single family neighborhoods. WPC 5363P "1" STREET I I ' __1 I I I I I I / '- '1- I I: I 2. _J t MITSCH ER ST. ~ ~ HALSEY ST. m HAI.~EY ' ''"" ~mil~ I ~ i I I I I L_ I KING SI  I I I i I I ' [ t [ [ -I-~- ~-~M- t I I I ~ I I I I I I I t I I I [ I "~" ~T~E~T I I I I I _-- ~ t I ~----- I p_ -- - ___~ .... L_~ City of Chula Vista Planning Department Lot Coverage Compliance EXHIBIT "B" Declaration of Restrictions Recitals A. Joseph A. Raso (declarant) is the owner of the property at 165 Murray Street ia the City of Chula Vista, California (subject property). A complete legal description of the subject property is attached, labeled Exhibit A and incorpdrated here by reference. B. Before 1988, additions were made to the residence on the subject property which caused the residence to occupy 46.2% of the lot where the maximum lot coverage permitted by the City of Chula Vista Zoning Ordinance would be 40%. C. The residence on the s~bject property has three levels. Declarant believes that pursuant to the City's Zoning Ordinance the three levels comprise or could be made to comprise 2 1/2 stories and could legally be used for living quarters together with an outside deck. Declarant further believes that the floor area ratio restrictions ad:~pted as part of the City's Zoning Ordinance after the building permit was issued for the addition and substantial construction was completed in good faith would not preclude such use of the third level for general living purposes. The City disputes these beliefs in whole or in part. D. Declarant has applied to the City for a variance to maintain the 46.2% lot coverage and in exchange for approval of said variance has offered to agree on behalf of himself, his heirs, successors and assigns to forego any use of the third level including the open decks except that he may use the enclosed portion of the third level for storage purposes. E. This declaration is intended to and shall carry out decl§rant's agreeement to limit the use of said third level, shall run in favor of and shall be e-nforceable by the City of Chula Vista and the owner of any property in the 100 block of Murray Street or the 100 block of Halsey Street in the City of Chula Vista, comprise a plan for the development and use of the subject property, and shall be referred to in every later deed conveying any interest in the subject property. Declaration With the foregoing recitals in mind and based thereon declarant hereby declares: 1. The third level on the subject property, including any open deck on the third level, shall not be used for any purpose except that the portions of the third level enclosed under roof may be used for storage purposes only. 2. Ail access to the third level rear yard deck shall be prohibited for living purposes. Nothing herein is intended to restrict such access for maintenance, repairs or during an emergency such as fire. 3. Ail access to the third level storage area shall be prohibited for living purposes. Nothing herein is intended to restrict such access for storage, maintenance, repairs or during an emergency such as fire. 4. All glazed openings which permit natural light and ventillation into the space on the third level shall be removed and the walls on the third level from which glazing has been removed shall be resurfaced on the interior with dry wall and on the exterior with wood siding compatible with the existing color and texture of the exterior plaster. Access to the third level shall be limited to a pull down ladder or similar apparatus through a standard crawl space. 5. Following the recordation of this declaration and completion of the changes Jn the third level of the residence on the subject property referred to in paragraphs 1 through 4 above, no further changes shall be made in the third leve] without the express written consent of the City of Chula Vista. It is the intent of this provision to insure the permanent maintenance of the third level as provided for in this declaration unless a majority of the City Council consents to a modification thereof. 6. This declaration shall be binding upon the declarant, his heirs, successors, and assigns, and is intended to and shall run with the land. 7. This declaration shall run in favor of and be en£orceable by the City of Chu~a Vista and the owners of all properties fronting on the 100 block of Murray Street or the 100 block of Halsey Street in the City of Chula Vista. 8. This declaration shall not be modified without the express consent of the City of Chula Vista authorized by a majority vote of the City Council of the City. 9. Any deed or other conveyan'ce transferring any interest in the subject property shall contain a reference to this declaration. Executed at San Diego, California this day of , 1988. Joseph A. Raso, Declarant 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~ersons having a financial interest in the application. List~he names of all persons having any 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. 4. liave 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) - Person is defined as: "Any indiv!dual, firm, copartnership, joint venture, association, soc-~-E~"F club, fraternal organization, corporation, estate, trust, receive~, 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.) Signature of applicant/date .. WPC 0701P ~Wy~7~ ~.~ A-110 Print or~Eype name of applicant JUL July 6, 1988 File: 0S-019 TO: George Krempl, Director of Planning FROM: John P. Lippitt, Director of Public & Rech~eatio4~D%~_. W°rks~ '-"~_ Manuel Mollinedo, Director of Parks SUBJECT: Report Regarding Formation of Proposed Open Space District No. 18 - Rancho del Sur Attached is a proposed report regarding the formation of the proposed open space district no. 18 (Rancho del Cur). I would like to request that this report be submitted to the Planning Commission at the next available meeting. CST:yc/rb (A~MEMOS~DELSUR) 4. REPORT: Formation of proposed Open Space District No. 18 - Rancho del Sur July 6, 1988 File: OS-019 TO: George Krempl, Director of Planning s~~_ FROM: John P. Lippitt, Director of Public Work Manuel Mollinedo, Director of Parks & Rec~ea 'o~__~. SUBJECT: Report Regarding Formation of Proposed Open Space District No. 18 - Rancho del Sur Attached is a proposed report regarding the formation of the proposed open space district no. 18 (Rancho del Sur). I would like to request that this report be submitted to the Planning Commission at the next available meeting. CST:yc/rb (A~MEMOS~DELSUR) REPORT ON PROPOSED OPEN SPACE DISTRICT NO. 18 A. Background: On May 27, 1987 the Planning Commission, by a vote of 6-0, recommended that the tentative map for Chula Vista Tract 87- 8 (Rancho del Sur) not be approved. On July 7, 1987 the City Council approved the tentative map by Resolution No. 13111. Among the conditions of approval of the tentative map was the requirement that the developer request formation of an open space district to assure maintenance of open space lots within the subdivision. The developer has submitted such a request, indicating the proposed district boundaries, the areas to be maintained and an estimate of the annual cost of maintenance. B. Recommendation: That the Planning Commission adopt a resolution recommending formation of proposed Open Space District No. 18 to the City Council. A public hearing must be held before the City Council before the district can be formed. C. Discussion: The boundary of the proposed open space district is the boundary of Chula Vista Tract 87-8, except that Lot "K" shall be excluded from the district, as shown on Exhibit "A". The areas to be maintained by open space maintenance contract consist of eight open space lots containing approximately 32.4 acres of natural or landscaped open space, landscaped medians and parkway in Medical Center Drive and landscaped parkways along East Naples Street (see Exhibit "B"). Additional features proposed to be maintained by the Open Space district include: 1. Maintenance and ornamental lighting costs for entry monumentation and decorative sidewalks at the intersections of Medical Center Drive with Telegraph Canyon Road and East Naples Street. 2. Stucco "Community Theme" walls. - 2 - The entry monumentation includes four concrete obelisks approximately 10 feet tall, located at the four corners of Medical Center Drive and East Naples Street. concrete walls bearing the project name, located at the intersection of Medical Center Drive and Telegraph Canyon Road, and a series of small free standing columns (3 ft. tall) located along the south side of Telegraph Canyon Road along the subdivision frontage. Lighting costs for the entry monumentation (estimated to be $780 per year) will be paid from open space district funds in the same manner as irrigation water is typically provided. The decorative sidewalk is concrete sidewalk with a surface treatment creating a different texture. The subject sidewalks are located at the intersections of Medical Center Drive with Telegraph Canyon Road and East Naples Street. All other sidewalk will be standard finished concrete, and will be maintained by the Public Works Department. The stucco walls are "Community Theme Walls", located at the rear of the parkways along the entry corridors to the subdivision (East Naples Street and Medical Center Drive). The above listed features are unique to this subdivision, and are intended to provide a sense of identity to the subdivision. Staff feels that it is appropriate to include this work in the open space district because the facilities primarily benefit the property owners. The estimated annual cost of maintaining the open space is $112,106.00 including administration costs incurred by the City. The proposed district will contain 285 single family residential lots, one multi-family residential lot containing 200 apartment units and one lot that is expected to be developed commercially. The proposed distribution of assessments is shown in attachment "C". For purposes of distributing assessments, a single family lot would be 1.0 assessment unit and an apartment would be 0.5 assessment unit. This is the same relationship that was used in the Hidden Vista Open Space District, which also contained several different land uses. The estimated annual assessment for a typical single family lot would be approximately $291.18. - 3 - Lot "K" , which is a portion of the right-of-way of Old Telegraph Canyon Road, contains so many utilities (sewer, water, electric and telephone) that the only practical use is to supplement parking for the adjacent businesses. This lot will probably never be developable and therefore will derive no benefit from open space maintenance. It is recommended that lot "K" not be included in the district. Lot 2 is located between Medical Center Drive and the property to the east, which is owned by the Chula vista School District. The lot is too narrow to be developed by itself. Development of this lot will likely be in conjunction with the adjacent property. It is recommended that this property not be assessed until such time as it is developed. At that time, the development should be reviewed to determine if the overall development should be within the district. All open space lots conform to the criteria contained in Section 17.08.020 of the Municipal Code. None of the lots will be maintained by a homeowners' association. Said lots will be granted to the City in conjunction with approval of Subdivision Maps for the project. CST:yc/ljr/a/rb (A~REPORTS~OPNSPC) EXHIBIT B SUNBOW - PHASE I ANNUAL MAINTENANCE AND OPERATION COST ESTIMATE AREA COST MONTHLY SF-AC SF/MTH MAINT. COST PARKWAY AND MEDIAN 132,424 (3.0 AC) ,0221/S.F./MTH $2,927,00 LANDSCAPE HYDROSEED 96,906 S,F, (2.20 AC) .0025/S,F./MTH $ 242.00 LANDSCAPE UNDISTURBED 699,090 S,F. (16.0 AC) ,002/S.F./MTH $1,398,00 NATIVE LANDSCAPE NATIVE-NATURALIZED 516,334 S.F. (11.0 AC) ,008/S.F,/MTH $4,131.00 LANDSCAPE ANNUAL LANDSCAPE MAINTNENANCE AND $104,376.00 IRRIGATION COST (32.2 ACRES) ANNUAL LANDSCAPE UTILITY COST $ 780.00 INTERSECTION MONUMENTATtON, EMBOSSED PAVING, $ 1,500.00 COMMUNITY THEME WALLS AND COLUMNS LUMP SUM CONTINGENCY $ 250.00 ESTIMATED ANNUAL ADMINISTRATIVE COST $ 5,200.00 ESTIMATED TOTAL ANNUAL COST $112,106.00 EXHIBIT "C" Estimated Annual Assessment Assessment Assessment Residential Unit Factor Units Per Unit Total 285 SFD 1.0 285 291.18 $82,988.00 200 Apt (Lot l) 0.5 100 291.18 29,118.00 Assessment Assessment Assessment Assessment Commercial Unit Factor Units Per Unit Total Lot 2 {2.55 acres) 0 0 $ 0 $ 0 385 $112,106 Annual Maintenance Cost $112,106 = $291.18 per unit per year Number of Assessment Units 385 WPC 3580E