Loading...
HomeMy WebLinkAboutAgenda Statement 1978/11/14 Item 05, 05aCITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No. 5 - 5a For meeting of 11/14/78 Public hearing - Consideration of precise plan for development of four single ITEM TITLE family dwellings in the R-E-P zone on the northeast side of Otay Lakes Road Resolution 9,36 Q - Approving the precise plan for development of four single family dwellings in the R-E-P zone on the northeast side of Otay Lakes Road SUBMITTED BY r Director of Planning ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO X ) A. BACKGROUND 1. The applicant has submitted a precise plan for the development of four single family residential lots on a 3.52 acre parcel located on the north side of Otay Lakes Road in the R-E-P zone. The applicant presently has an approved precise plan for the develop- ment of three residential lots on the property. 2. The Environmental Impact Report, ERI-79-4, on this project was forwarded to the City Council on October 30, 1978. b. discussion 1. Existing site characteristics. The project s%te is located on a natural slope averaging approximately 31% extending upward from Otay Lakes Road to the Bonita Ridge Estates subdivision. The property has 520 feet of frontage along Otay Lakes Road. The slopes on either side of the site are part of the Bonita Ridge subdivision open space maintenance district and this site appears to be, but is not, part of that district.. 2. Precise Plan. The applicant has an approved precise plan to construct three single family dwellings on the property to be served 6y a single private road, This plan called for substantial grading to take place to accommodate the necessary widening of Otay Lakes Road, construc- tion of the access road, and building pads. The applicant proposes to add one additional building site which will require same additional grading onsite but will not result in any additional offsite grading, The EIR has noted that both the originally approved plan and the proposed plan would completely alter the appearance of the site and some of the adjacent KGL:hm EXHIBITS -Lcontin~ed ~n tuTolPmPntal p~gP) Agreement Resolution X Ordinance Plat, Notification List Planning Commission m notes of 10/25/78 Other Precise Plan ENVIRONMENTAL DOCUMENT: Attached Submitted on 10/30/78 FINANCIAL IMPACT STAFF RECOMMENDATION 1 - Certify that EIR-79-4 has been prepared in accordance with CEQA and the Environmental Review Policy and that the Council has reviewed the information in the EIR. 2 - Find, in accordance with Section D.3 of this report, that to develop the property at a lower density is not economically feasible. 3 - Issue Section D.4 of this report as the Council's statement of overriding considerations. 4 - Based on the findings in Section E of this report, adopt a motion approving the precise plan for four lots. BOARD/COMMISSION RECOMMENDATION On October 25, 1978 the Planning Commission certified EIR-79-4 and by a 3-2 vote (with one vacancy and-one member absent) recommended that the precise plan for the development of four single family dwellings be denied. COUNCIL ACTION ~, ' .. t. ., ~~.;~ '~o:1t;t~'sl of ..:; C~,~uI{~ 'Jist::l, G:_aii"Lrri AGENDA• ITEM •N0. 5 - 5a Meeting of 11/14/78 Supplemental page No. 2 open space, but that this is unavoidable if the property is to be allowed to develop. (See Section D "Statement of Overriding Conditions.") C. ANALYSIS 1. Adding one additional lot and dwelling to this site will not result in any sub- stantial increase in the amount of grading originally contemplated, nor will the appear- ance of the project be significantly altered since the associated impacts are essentially the same as for the previously approved three lots. 2. The fourth lot is located well below and away from the adjoining lots in the Bonita Ridge subdivision. The parcel abuts the common open space area separating this project from the lots of the Bonita Ridge subdivision. 3. A maximum of seven lots would be permissible under the present R-E zone, however, due to the steepness of the property and the precise plan guidelines, this density cannot be achieved on the property. Any density lower than 3 or 4 units could render development economically infeasible because of the cost of providing the necessary failities, such as street improvements, grading, drainage, utilities and landscape maintenance. The appli- cant has estimated that with four lots rather than three, his finished lot cost would be reduced by approximately $20,000/lot.. D. STATEMENT OF OVERRIDING CONDITIONS 1. CEQA The California Environmental Quality Act provides that environmental considerations shall 6e the Building criterion in public decisions and that projects which could result in significant impacts should not be approved if there are feasible alternatives or mitigation measures which would substantially lessen the adverse effects. If a decision making authority determines that a project, which would result in a significant impact, should be approved it must make findings relative to the infeasibility of alternatives or mitigation, and identify the other considerations which warrant approval of the project. 2. Application to Project. The project as proposed would result in significant environmental impacts. These impacts result from the grading of the site and adjacent natural open space in the Bonita Ridge Estates subdivision. This land form change and vegetation removal would have a substantial aesthetic impact along Otay Lakes Road which is designated as a Scenic Route. Therefore, the Council must find that (1) these impacts have been mitigated; or (2) a less adverse alternative is being proposed; or (3) such measures are infeasible; or (4) other conditions warrant approval of the project; otherwise the City Council must deny the project. In the case of this project, avoid significant impacts are not the project. Therefore, findings or alternatives and a discussion to be approved. 3. Feasibility. mitigation measures or alternative plans which would being proposed and have not been incorporated into relevant to the feasibility of the mitigation measures of other considerations is necessary if the project is a. The project as proposed utilizes general techniques to reduce the area proposed for grading. These measures include split level dwellings, retaining walls, a private drive in lieu of a wider public street, and the use of steep grades on the drive. Because of the steep natural slope of the property, a substantial topographic change will still result. The use of stilt housing could reduce the amount of grading but a substantial amount would still be required to provide vehicular access to the property and the widening of Otay Lakes Road to accommodate current and future traffic volumes. Therefore, if the property is to be utilized even at a density lower than that which is being proposed, no substantial reduction in impact would result. b. The property is currently divided into three parcels and there is an approved grading plan for three dwelling units. The cost of grading the property, providing street improvements, utilities, storm drains, landscaping, etc., is very high due to the topography and the large amount of street frontage. Add to this the cost of the land, constructing dwelling units and various fees, and development of this property may not be feasible. The applicant has indicated that with the addition of one dwelling unit the cost of improvements would be reduced by approximately $20,000 per lot, thus making the project economically feasible. AGENDA ITEM N0.5 - 5a Meeting of 11/14/78 Supplemental page No. 3 4. Overriding Considerations. a. Otay Lakes Road is designated as a major road on the General Plan. The existing traffic volume is about 20,000 vehicles per day and is expected to increase to 26-27,000 cars daily. The widening of the road (and resultant grading) is necessary to accommodate existing and future traffic volumes. b. If the property were developed with three dwellings, as currently permitted, the resultant environmental impacts would be identical to those which would result from the proposed four dwellings. E. FINDINGS 1. That such plan zviZZ not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or ~aor7ting in the vicinity, or injurious to property or improvements in the vicinity. The additional lot will not result in substantial grading of the site above what would be required for three lots. 2. That such plan satisfies the principles of the application of the P Modifying District as set forth in Section 19.56.041. The proposed plan meets the precise plan guidelines and is essentially the same plan originally approved except for the additional lot. 3. That any exceptions granted r~hich deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P Precise Plan Modifying District. The proposed plan meets the requirements of the R-E zone and precise plan guide- lines for development. 4. That approval of this plan ur~ZZ conform to the General ,Plan and the adopted policies of the city. The densi:ty of the proposed plan at slightly more than is in conformance with the General Plan designation for dwelling units per acre. one dwelling unit per acre this area of 1 to 3 93~n s ~ ~~ ,,, ~ - '~, ~~ ~ ;) ~\ ~~~ t ~ ~ ~ '. > • ~ ~~, ~ ~ .". ~~ ~ ` .' O , ~~ ., ~ ~ t . , ' '~ .'~ ~. ~~~ ~ ~ , Y~ ` U ~ , ~ ,. ., r i ~~ r ~r ., ~~ N 1 ~ ~ ~/, ~~ F \ / \ i ` ~ ~ , \ ` / < R ~~ i i ~ ~` ~ F S ~ La 1 P-~ ~ '/ ~e~~a~~~~~~~~~~~ CAUPlTY Y ' I' aR~ _ ~ . o' 2oa' aoo' P-C premned LOCATOR EIR-79-4 DEVELOPMENT OF FOUR SOTS ON T1f NORTHEAST SIDE CF .OTAY LAKES ROAQ ~a U ~ \ .. J . 11 ~13:~ r ~~',~"~ ..._ ~~ _ ~ . ~ ~;~ L 4. PUBLIC HEARING: PCM-79-10 - Consideration of precise plan for development ~~ of four single family dwellings in the R-E-P zone on the northeast side of Otay Lakes Road - Richard Boucher Current Planning Supervisor Lee advised that the proposed development plan follows basically the same pattern as the plan previously approved with one additional lot to be created near the center of the site. He pointed out there is at least a 21 foot difference in elevation between the highest pad in this development and the adjoining lots in the Bonita Ridge tract. In response to a question from Commissioner O'Neill with reference to the application of the Hillside Development ordinance, Mr. Lee advised that it is only applicable to property with a higher density than the R-E zone which requires half-acre or larger lots. This being the time and place as advertised, the public hearing was opened. Fred Schmidt, 431 Camino Elevado, contended that this hearing should consider the full extent of the project and not just the one additional lot over the previously approved plan. Commissioner R. Johnson asked Mr. Schmidt for his suggestion with regard to the widening and improvement .of 500 feet of Otay Lakes Road adjacent to this property in the event a feasible development plan is not approved. Mr. Schmidt expressed the opinion that taxpayers would be willing to pick up that cost on a pro rata basis if the land remains undeveloped. James Johnson, 424 Stoneridge Court, described the crowded traffic condition on this segment of Otay Lakes Road during the peak hours of traffic to Southwestern College and expressed his concern over the traffic hazard which might result from drivers attempting to make a left hand turn into this development. As no one else wished to speak, the public hearing was closed. Commissioner O'Neill questioned the reasoning behind the approval of the original development proposal for this land. He expressed the opinion that development of this type creates scars on the esthetic quality of the community. Commissioner G. Johnson pointed out that the lots in Bonita Ridge Estates were small with surrounding open space to compensate for the small lot size. Grading a portion of that open space is like grading someone's private property. MS (G. Johnson-O'Neill) The Commission recommends the denial of precise plan PCM-79-10 for development of four single family dwellings on the northeast side of Otay Lakes Road. The motion carried by the following vote: AYES: Commissioners G. Johnson, O'Neill and Williams NOES: Commissioners Pressutti and R. Johnson ABSENT: Commissioner Smith Assistant City Attorney Harron advised that this request can be forwarded to the City Council with a negative recommendation and the Council will act on it. ~_~ ~ ~~/~ October 30, 1978 TO: Honorable Mayor & Members of the City Council VIA: Lane Cole, City Manager C~/ FROM: D. J. Peterson, Director of Planning SUBJECT: Final EIR-79-4 Boucher Precise Plan On October 25, 1978 the Planning Commission certified that the attached EIR was prepared in accordance with CEQA and the Environmental Review Policy of the City of Chula Vista. The EIR concludes that there will be significant environmental impacts due to the project. These impacts are associated with the grading of the property which would result in an irreversible land form change and a sub- stantial aesthetic impact along this designated scenic route. Because of this conclusion the Council will have to make one of the following findings to approve the project: 1. Changes or alterations have been required in, or incor- porated into the project which mitigate or avoid the significant effects thereof as identified in the final EIR, or 2. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. If the Council decides to approve the project in accordance with Finding #2, it must issue a statement identifying the other interests on which approval is based. (Statement of Overriding Considerations) Consideration of the project has been tentatively set for the Council meeting of November 14 ,. 1978, at which time you will be asked to certify that the EIR has been prepared in accordance with CEQA and that the Council has reviewed and considered the information 1 ..~~~ D. Peterson Director of Planning DJP : L7L~R: kca c ,~=s' therein. ~~ RESOLUTION N0. EIR-79-4 RESOLUTION OF THE CITY PLANNING COMMISSION ADOPTING AN ENVIRONMENTAL IMPACT REPORT WHEREAS, Richard A. Boucher requested approval of a precise plan for the development of approximately 3.5 acres located on the northeast side of Otay Lakes Road with four single family dwelling units, and WHEREAS, the Environmental Review Committee conducted an Initial Study on the project and determined it could involve potential environmental impacts with public controversy, and WHEREAS, the Environmental Review Section of the Planning Department prepared a draft Environmental Impact Report for the project which was issued for public review by the Environmental Review Committee on October 5, 1978, and I WHEREAS, legal notice of availability of said draft Environmental Impact ~'I Report was given through publication in a newspaper of general circulation on October 8, 1978 and a notice of completion was filed with the Secretary of Resources I for the State of California, and WHEREAS, comments on the adequacy of the draft Environmental Impact Report were received and responses to said comments were parpared, and WHEREAS, a public hearing was held on the draft Environmental Impact Report by the Planning Commission on October 25, 1978. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: From the facts presented to the Planning Commission, the Commission finds that EIR-79-4 on the Boucher precise plan has been prepared in accordance with the California Environmental Quality Act of 1970 and the Environmental Review Policy of the City of Chula Vista and hereby certifies that the Planning Commission will consider the information in the report as it reaches a decision on the project. PASSED AND APPROVED BY THE CTIY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this 25th day of October, 1978 by the following vote, to-wit: AYES: Commissioners R. Johnson, G. Johnson, Williams, Pressutti and O'Neill NOES: None ABSENT: Commissioner Smith ~/~~"~' . Acting Cha'rman ATTEST: r, . ._~~ ___ /}~ , t~.~ Secretary `7!_,J