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® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT ❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: City Clerk Item No: C2
Prepared by: Kathy Valdez, City Clerk Meeting Date: December 6, 2022 Approved by: Amanda Lee, Acting City Manager Agenda Location: Consent Calendar SUBJECT: SECOND READING OF CITY COUNCIL ORDINANCE NO. 2022-21, APPROVING A ZONE CHANGE FROM A-1 AGRICULTURAL ZONE TO R-1-B RESIDENTIAL ZONE SMALL LOT DEVELOPMENT TO ALLOW FOR 46 SINGLE-FAMILY HOMES ON A 9.3-ACRE SITE LOCATED AT 2123 N. SANTA FE AVENUE (APN 159-240-07-00)
RECOMMENDATION: Adopt City Council Ordinance No. 2022-21, approving a Zone Change from A-1 Agricultural Zone to the R-1-13 Residential Zone Small Lot Development to allow for 46 single-family homes on a 9.3-acre site located at 2123 N. Santa Fe Avenue (APN 159-240-07-00).
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On November 15, 2022, introduced City Council Ordinance No. 2022-21, approving a Zone Change from A-1 Agricultural Zone to the R-1-13 Residential Small Lot Development to allow for 46 single-family homes on a 9.3-acre site located at 2123 N. Santa Fe Avenue (APN 159-240-07-00) (Vote:
3-2, Contreras and Melendez opposed).
STATEMENT ON THE SUBJECT: In accordance with Vista Municipal Code Section 2.12.240.D, the ordinance is being presented to the City Council for a second reading and adoption since it did not receive the required four-fifths vote for immediate adoption. No amendments have been made to this ordinance since its introduction.
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Ordinance No. 2022-21, approving a Zone Change from A-1 Agricultural Zone to the R-1- B Residential Zone Small Lot Development to allow for 46 single-family homes on a 9.3-acre site located at 2123 N. Santa Fe Avenue (APN 159-240-07-00)
ACTION: Approved above recommendation, adopted City Council Ordinance No. 2022-21.
Vote: 3-2 (Contreras and Melendez opposed)
Clerk/Secretary
12/06/2022 C2 1 of 4
ORDINANCE NO. 2022-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITYOF VISTA, CALIFORNIA, APPROVING A ZONE CHANGE FROM A-1
AGRICULTURAL ZONE TO R-1-13 RESIDENTIAL ZONE SMALL LOT
DEVELOPMENT TO ALLOW FOR 46 SINGLE-FAMILY HOMES ON A 9.3- ACRE SITE LOCATED AT 2123 N. SANTA FE AVENUE (APN 159-240-07-00) APPLICANT: CALIFORNIA WEST COMMUNITIES
PLANNING CASE NO. P21-0300
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares all of the following:
A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B. The applicant, California West Communities, submitted a formal application to change the zoning designation from Agricultural (A-1) to Residential (R-1-13) small lot development on one parcel located at 2123 N. Santa Fe Avenue (APNs 159-240-07-00).
C. A Mitigated Negative Declaration (MND) was prepared for the proposed subdivision, which is included as Exhibit "A" to Exhibit 1. The mitigation requirements are summarized in the Mitigation Monitoring and Reporting Program. The public review period started on May 11, 2022, and ended on May 30, 2022, and five comment letters were received during this public review period. The comment letters and the Responses to Comments are included in the Final MND as Appendix I of the MND.
D. The Planning Commission is an advisory body to the City Council with respect to zoning amendments, and recommended denial of the proposed Zone Change with the approval of Planning Commission Resolution No. 2022-13, consistent with Government Code Section 65855.
E. Subsequent to the Planning Commission public hearing, the City decided that it would recirculate portions of the Draft IS/MND as a Revised IS/MND to provide the public an opportunity to review the additional analysis that further demonstrates the project's consistency with the applicable air quality attainment plan in the Air Quality section, and clarification to the language in the Land Use and Planning, and Population and Housing sections to explain that while the project site is not identified in Appendix B of the General Plan 2021-2029 Housing Element, the City's intent is to provide housing on underutilized sites and the project would assist in meeting the City's overall housing needs as outlined in the Regional Housing Needs Assessment (RHNA).
F. The information in the Revised IS/MND concluded there would be no new significant impacts that were not previously disclosed, nor would new or revised mitigation measures or project revisions be required. The Revised IS/MND was available for a 20-day public review period from September 14, 2022 to October 3, 2022. Twelve comment letters were received during this public review period and were addressed in the City's Responses to Comments included in the Final MND.
G. Pursuant to chapters 18.06 and 18.80 of the Vista Development Code, the City EXHIBIT 1
12/06/2022 C2 2 of 4
ORDINANCE 2022-21
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE NO. 2
Council held a duly noticed public hearing on the requested Zone Change on November 15, 2022.
H. At said public hearing, staff reports, both written and oral were received in evidence and all persons desiring to speak on the proposed project were heard. At the conclusion of said hearing, after consideration of all evidence presented, the City Council reached a decision on the matter as set forth.
2. Code Amendment.
A. The zoning designation on one parcel located at 2123 N. Santa Fe Avenue is hereby changed from Agricultural (A-1) to Residential (R-1-B) small lot development. The City Planner is hereby authorized to make a corresponding change to the official Zoning Map on the effective date of this Ordinance. The recommended Zone Change is attached as Exhibit "A".
3. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
4. Effective Date. This Ordinance shall be in full force and effect on the thirty-first day following the date of its adoption.
5. Adoption. INTRODUCED at a meeting of the City Council of the City of Vista held on November 15, 2022, and ADOPTED at a meeting of the City Council held on December 6, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
Exhibits: Zone Change Exhibit
APPROVED
Walter C.Chung
20221129095055
12/06/2022 C2 3 of 4
Zone Change
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ADD TO PACKET
From: wmd iackson
To: Kathy Valdez
Subject: N Santa Fe Houses
Date: Monday,December 5,2022 1:32:20 PM
Please STOP all the home and commercial building already beyond capacity of us to bear, INCLUDING CURRENT PROPOSAL.
C2