HomeMy WebLinkAboutAgenda Statement 1974 /10/29 Item 13 Item No. 13
October 29, 1974
Ordinance No. 1574 . ` AGE�'DA IT&M N0. [ 13 ]
CHULA VISTA CITY COUNCIL M1IEETING OF: October 29, 1974
ITEM 'ri'rLE: Ordinance No. 1574 - Changing zone for approximately 10 acres located
on the west side of Otay Lakes Road, 660 feet north of H Street, from
C-T-D to C-O-P and C-C-P
INITIATED BY: Director of Planning
BACKGROW D
After holding a public hearing on October 16, 1974 for consideration of this
zone change, the ordinance was placed on first reading. It is now before the
Council to be placed on second reading and adopted.
ATTACHED: Resolution [ J Ordinance [ ] Agreement [ ] Plat [ ]
See EXNIBITS [ ] No.
Financial Statement:
Commission-Board Recommendation:
Department Head Recommendation: Place ordinance on second reading and ddopt.
City Dtanager Recommendation: Concur
1 V'
' ' � AGENDA ITEP9 N0. � 3a,b�
CHULA VISTA CITY COUNCIL PIEETING OF: October 15, 1974
Public hearing - Consideration of change of zone for approximately 10 acres
located on the west side of, Otay Lakes Road, 660 feet north of H Street,
ITEAI TITLE: from C-T-D to C-O-P and C-C-P
Ordinance - Amending Zoning Ordinance to change zone on approximately
10 acres located on the �rest side of Otay Lakes Road, 660 feet north
of H Street, from C-T-D to C-O-P and C-C-P
INITIATED BY: Director of Planning
A, BACKGROUND
1. This is a Council initiated rezoning to resolve land issues which led to a
moratorium on the property, which expires October 31, 1974. Council has initiated
this action to enable the owner to proceed with the development of the property in
conformance with the City Policies and standards.
2. A grading plan for the 10 acre property, filed in April 1974, prompted the
Planning Department staff to call to the attention of Council changes in circumstances
in this area since the property was originally rezoned C-T-D in 1965. In particular,
the relocation of H Street from the north side of the property to an area 1/4 mile
to the south adjacent to a pending 8 acre shopping center; and an ongoing reevaluation
of the E1 Rancho del 'Rey plan, combined with the absence of activity on this property,
led staff to reco�end that a moratorium be placed on development of the 10 acres as
well as the S acres to the south, until the E1 Rancho del Rey plan review was completed.
The Council voted to place the total 18 acres in. the development moratorium for a
period of 90 days. Council has extended the moratorium twice—to September 11 and
to October 31, 1974.
3. An Initial Study (IS-74-29) of possible adverse environmental impacts of this
project was conducted by the Environmental Review Co�ittee on July 25, 1974. The
Co�ittee concluded that there would be no significant effects and made a Negative
Declaration. No appeal of the Negative Declaration was made during the appeal period
and it became final on August 5, 1974. The IS evaluated a retail professional
co�ercial complex and multi-family residential use by conditional use permit and,
therefore, covers the rezoning now reco�ended by staff.and Planning Co�ission.
(continued on supplemental page)
ATTACHED: Resolution [ ] Ordinance [X] Agreement [ ] Plat � ]
See EXHIBITS [X] No. 1_2_3
Financial Statement:
Commission-Board Recommendation: Planning Co�ission recommended, by a 5-0 vote on
September 25, 1974, that the City Council rezone the 10 acre property from C-T-D to
C-O-P and C-C-P, as shown on Exhibit "A" and subject to precise plan guidelines
contained in Resolution PCZ-74-H.
Department Head Recommendation: Concur
City Dtanager Recommendation:
Concur
�
� ' AGENDA 'iTEM N0. 3ab
Supplemental Page No. 2
4. The Planning Co�ission. considered this_ request on August 14, 1974, and voted
to continue the matter to September 25, 1974, based on a request from the owners to
have more time to propose alternate solutions' to the staff-reco�ended P-C zone.
Since then, the owners have indicated they have possible governmental tenants for
office uses. In addition, �the City Council has amended the Zoning Ordinance to
provide for residential �use in. the C-C zone with a conditional use permit applica-
tion. .The analysis section, therefore, discussed the alternative of rezoning the
property from C-T to C-C-P and C-O-P with appropriate guidelines for the Precise
Plan Modifying District.
B. ANALYSIS
After long and careful consideration of this item and many meetings with the
property owners, staff� has reached the conclusion that the objectives which would
result from rezoning the subject property from C-T-D to P-C can also be accom-
plished by rezoning the property to C-C-P and C-O-P. The major factors leading
to this conclusion are:
1. While staff's-market analysis indicates no need for additional neighborhood
co�ercial uses in this location, it is possible. that office uses. and specialized
co�ercial uses may find this site attractive.
2. The determination. that an east-west collector street' should traverse this
site to intersect Otay Lakes Road at.a favorable location, enhances the site
from the standpoint of commercial development to serve the yet undeveloped area
to the west.
3. Should the market .for co�ercial uses fail to materialize, the area could
be developed with multi-family..uses under the conditional.use permit procedure
Iin the C-0 zone. [dith the recently enacted amendment to the Zoning Ordinance,
this opportuniEy also exists. in the C-C zone.
4. Precise plan and design.review can be accomplished under the "P" Modifying
District as well as 'under the P-C district. Thus, coordination with the center
proposed-to the south can be achieved.
5. From the standpoint of both the City and the property owner, development
will be simplified under standard zoning rather than under P-C zoning.
C. FINDINGS
The public necessity, convenience, general welfare and good zoning practice require
the rezoning from C-T-D to C-C-P and C-O-P because:
1. The heavy co�ercial.uses permitted. in the C-T zone.are inappropriate in
this location. Co�ercial uses appropriate in this location should.be resricted
to those �necessary to serve the surrounding developing neighborhoods. The C-C
and C-0 districts allow the lighter retail and office uses required to serve
the neighborhood as it develops.
2. The C-0 district permits multiple family uses as a conditional use and the
C-C district allows a mixture of co�ercial and multi-family uses.. The site lends
itself to development for medium to higher denaity uses by virtue of its loca-
tion between a junior high school and planned neighborhood co�ercial area to
the south.
3. Establishment of the C-C and C-0 districts on the property recognizes the
long standing e�cistence of commercial zoning on the property.
4. The planned collector street which'wi•11 bisect the property, together with
its relatively 'small size-and its location'between a junior high school and
planned neighborhood shopping center, render the property difficult to develop
with detached single family homes.
5. Use of the "P" Precise Plan Modifying District establishes reasonable site
plan and design review procedures which'will assure proper coordination with
the planned development to the south.
� 6. The subject property is designated �on the General Plan as "Retail Co�ercial."
The proposed new zoning categories, C-0 and C-C, conform to this designation.
' ' RESOLUTIOY N0. PCZ-74-H . �
. " • RESOLUTION OF THE CITY PLAN?�ING COMi•tISSION RECOPV4ENDI�dG TO THE ��'�I�
CITY COUtICIL THE CffANGE Of ZONE FOR HPPROXIt�J1TELY 10 ACRES '
LOCATED WEST OF OTAY LAY,ES ROAD, 660 FEET NORTN OF N STREET,
FROF1 C-T-D TO C-O-P and C-C-P �� `
a
. WHEREAS, on June 78, 1974 the City Council directed that consideration
be given to rezoning approximately 10 acres of property located on the west side
of Otay Lakes Road, approximately 660 feet north of H Street, to P-C, and
WHEREAS, the Planning Cortmission set the time and place for a hearing on
said rezoning, and notice of said hearing, together with its purpose of considering
rezoning of said property -from C-T-D to P-C, or to R-3 and C-T, was given by the
publication in a nevrspaper of general circulation in the city at least ten days
prior to the date of said hearing, and
41HEREAS, a P�egative Declaration of Environmental Impact relating to the
proposed rezoning was posted by the Environmental Review Comnittee on July 25,
• 1974 and became final on August 10, 7974, and
; WHEREAS, the hearing to consider said rezoning was held'at the said
� time and place, namely 7:00 p.m., July 24, August 14 and September 25, 7974, in "
. j the Council Chamber, Civic Center, before the Planning Comnission and said hearing
i
� was thereafter closed. ,
� NOIV THEREFORE BE IT RESOLVED AS fOLLOWS:
j
! 1 . From facts presented to the Cortanission, the Comnission finds that
� public necessity, convenience, general welfare znd good zoning practice require
the change of zone for approximately 10 acres located on the west side of Otay
� Lakes Road, 660 feet north of H Street, from C-T-D to C-O-P and C-C-P as shown
on attached exhibit A, and that prior to the issuance of any permits, precise plans
� for the property shall be submitted and approved. The Precise Ptan may be submitted
in phases with areas planned for irtmediate construction adhering to all of adopted
guidelines, while future areas for development may be skeletal in nature showing
location of buildings, intended use, and parking circulation. The following guide-
lines shall be adhered to in developing Precise Plans for the property:
a. Any areas developed for multi-family use should not exceed the
density permitted in the R-3-G district (17.5 DU/net acre).
b. Building setbacks shall be 30 feet from Otay Lakes Road and 25 feet
from the future residential collector street. Other setbacks shall be
determined at the time of Precise Plan review.
.��
�_
� ; ; c. Freestanding signs shall be limited to low-profile ground sinns.
• . . •,Other signs shall conform to the sign ordinance considered by Council
on SeptemSer 17, 1974.
d. If the area zoned C-C-P develops comnercially rather than with
. multi-family uses, a driveway connection to the conunercial area to the
south shall be established.
' e. Design features of those comnercial uses in the C-C-P zone which
face Otay Lakes Road shall be coordinated with the design of the 8
acre commercial center to the south. . Both centers will be required to
. coordinate elevations facing Otay Lakes Road. Coordination shall be
achieved in:
(7) Architectural theme
(2) Landscaping materials
(3) Parking design and flo�
(4) Signs--riaterial and size (except as governed by subsection c
• herein).
� f. Grading of the 7.5 acres zoned C-C-P shalt conform to the Open
, Space Element of the General Plan and the Hillside Policy.
� g. Prior to issuance of any permits, a Precise Plan for the entire
- � 7.5 acre property shall be submitted and approved.
� 2. The findings of fact in support of said determination are as follows:
I
a. The heavy cormnercial uses permitted in the C-T zone are inappro-
� priate in this location. Cortcnercial uses appropriate in this location
�
should be restricted to those necessary to serve the surroundir,g
� developing nei9hborhoods. The C-C and C-0 districts allovi the lighter
reWil and offices uses required to serve the neighborhood as it
develops.
b. The C-0 district permits multiple family uses as a conditional use and
amendments to the C-C district regulations are pending beFore Council to
also allow a mixture of cortcnercial and multi-family uses. The site
lends itself to development for medium to higher density uses by virtue
of its location between a junior high school and planned neighborhood
commercial area to the south.
c. Establishnent of the C-C and C-0 districts on the property recog-
nizes the long standing existence of comnercial zoning on the property.
��
' d. The planned collector street which will bisect the �properiy,�
- � ' together viith its relatively small size and location betrie:n a Jcnior
high school and planned neighborhood shopping center, render the
property difficult to develop with detached single family homes.
. e. Use of the "P" Precise Plan Ptodifying District establishes reason-
� abte site plan and design review procedures which will assure proper •
coordination with the planned development to the south.
f. The subject property is designated on the General Plan as "Retail
Coimnercial ." The proposed new zoning categories, C-0 and C-C, conform
' to this designation.
' 3. The Planning Correnission recoimnends to the City Council that said changes
! be granted.
4. That this resolution be transmitted to the City Council .
� PASSED and APPROVED by the CITY PIANNING CON�IISSION of CHULA VISTA, CALIFORNIA,
' this 25th day of September, 1974, by the following vote, to-wit:
i AYES: Cortmissioners Starr, Rice, Floto, Pressutti, and Rudolph �
, i NOES: None
� ABSENT: Comnissioner Chandler
ii
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� (j Vice-Chairman
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+ ATTEST:
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� Secretary
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� � � ' , , ' , 51 . -
Sec. 33.y50 '
I. Folitical Sign, Control of _ , '
l . Purpose and Intent. It is the intent of this subsection to exempt
� . political signs frcm the regulat-ions of this chapter relative to the placement
of outdoor advertising signs in all zones of the City, and to thereby encourage � _
participation by the electorate in political activity during the period of
political campaigns , but to permit such uses subject to regulations that will
. assure that political signs will be located, constructed and removed in a manner
so as to assure the public safety and general welfare and to avoid the creation _
of a public nuisance caused by the unstinted proliferation of political adver-
tising which vrould be offensive to the senses and �aould interfere with tiie
comfort and�enjoyment of life or property. It is the purpose of the Council , '�
in adopting this chapter to provide such regulations as will contribute to the
public safety and general t•ielfare and insure the right of political expression
to all members of the cortmunity.
2. Political Signs Permitted; Subject to Regulations. Nott•rithstanding any
other provisions of this chapter, political signs are permitted in any zone listed
in the City subject to the following regulations:
(a) No political signs shall be located in any agricultural or
residential zone in the City (A, R-E, R-1 , R-2 and R-3 zones) un7ess they
shall comform to the following regulations:
� . . �
No sign may exceed five (5) square feet in' area. Double-faced
\ _ signs as defined in this c��apter may be permitted.
. Said signs must tie posted at least five feet {5) " irom the front
� property line; provided, further, that in the. case of corner lcts,
, said signs m�st be placed at least five feet (5) from the
property lines of the intersecting streets and said signs shall
'S/
be located at least five ieet (5' ) from side property lines.
\
�• . ' . • ' � . , ,
Sec. 33,950 � ' , : 32. �
: � •
r
No sign shall exceed three and one-half feet (3z' ) •in he'rght in
-- - - - ---- -= - •
�
the front setback area, and such signs shall no: exceed six feet
r (6' } in height in any area unless said sign is attached flush to
. - an,y building. The measurement shall be taken from the ground level
- to the top of said sign. " - _ "
(b) No political sign shall be located in any conmercial or industrial
- � zone in the City �unless they shall conform to the following regulations:
No sign may exceed tiaelve (12) square feet in area. Double-faced
- . . � signs as defined in this chapter may be permitted.
(c) The following regulations shall apply to political signs located
in any zone: �
, Political signs may be posted in any zone not more than thirty (30)
' days prior to the date of an election and shall be removed kithin
' ten (10) days imnediately thereafter.
{d) Procedure for the approval of political signs -
� (1 ) The Zoning Enforcement Officer shall notify the foliotiving of
� the political sign requirements as provided herein:
; • , - Local election
, � - Candidates for local or county office •
- - " Chairmen of campaign cemmittees for or against •
�
any _measure appearing on the ballo*. for a local
_ or county election �
". . . _ - . .°.Y:,�2 :.: r.ational 0,°F7CC , .
- - Candidate for state or national offic� and/or
• . their local campaign committee chairmen
-. - - State chairmen and/or local chai;-men r,f campaig�
� : cammittees for or against any neasurc appeariig on
� the ballot for stafiewide election.
S1 s . _
�� , . . � �, ' . .
. . . . . . 53.
� � Sec. .33.950 . �
(2) Prior to the posting of any political signs, the.candidate,_.. ._ .. .
, the chairman of a r_ampaign committee or any other percen designated
�' by the candidate or chairman who is responsible for the posting of
said signs, shall obtain a political sign permit. The permit, on a
fonn prescribed by the Planning Cormnission, shall include the nar�e,
� address and phone number of the candidate or campaign chairman and any
,
person responsible for the posting of signs, the date on which posting
sha17 commence, the approximate number of signs to be posted, the
. � size of signs to be _used and the date �ahich the signs are to be
removed. The permit shall be signed by the candidate, chairman or
person responsible for the posting of said signs . '
_ (3) The Zoning Enforcement Officer is hereby authorized, after �
' - giving five (5) days notice to the person or persons tivho siyned the
• sign permit, to remove any political signs that do not conform to
f -
the standards herei� provided. If the owner or occupant of the
property on �•�hich the sign is located .is present, the Zoning Enforce-
� ment Officer shall inform him of the intention to remove the sign
and the possibility of the charges for removal of said sign.
If any provision of this ordinance or its application to any sign
I� board .or structure covered within terms of the ordinance is held
I invalid for any reason, such invalidity shall rot affect any other
�� provi�ions or application of this ordinance, or any of its provisions
� .
wh�ch can be affected without the provision or apolication; and io
_ this end the provisions of this are inseparab?e,
, s . : - ,
� , � � ' � � 57 . ,
Section "s3. 1401 Definitions
"Sign" shall mean any writing, pictorial representation, symbdl , banner or
any other figure of similar character of whatever materiat oihich is used io
� identify, announce, direct attention to or advertise, which is placed on the
ground, on any bush, tree, rock, wall , post, fence; structure, vehicle or on
any building. The term "placed" shall' include constructing, erecting, posting,
painting, print;ng, tacking, nailing , glueing, sticking, carving, stringin9,
or otherwise fastening, affixing, or making visible in any manner �.�hatsoe4er.
_. The term "sign" shall not be deemed to include the flag of the State of
California or of.the United States of America or of any other nation. For ..
definition purposes, all copy applied to one background area only, as defined
� herein, shall be deemed to be one sign. _
"Advertising Sign° shall mean a sign which primarily lists products sold, or
services_offered, or products manufactured on the premises.
=. "Advertising Copy Area" shall mean that portion of the copy area which is
devoted to advertising. .
"Area of a Sign" shall mean the area in square feet enclosing the total exterior '
surface (in the case of irregular shapes , straight lines dra�an closest to the
extremities of the shape will be used) ; should the sign have more than one
surface as determined in multi-sided, . the sign area shall be the aggregate
_ . �
area of all sign surfaces m2asured above. If background area is provided for
, sign copy, such ss a� enc�os��a or ar area painLed a dir'ierent culcr than the
building, then the background area will be used in determining the allo+aable
.. � "`sign area. �
� - ' 4 - - . . - . ' ' � ' .
"Auxiliary Sign" shall mean_any sigr: wnose primary function is to direct,
inform, instruct or warn. �
�_
�� _ . :.
� � . . .55.
Sec. 33.1401 '
"Background Area" shall mean an area in one continuous plane and not i�terrupted
by architectural features, lines or colors, upon which sign copy is applied.
In computing area of sign background, only the face or faces �viiich can be
seen from any one direction_at one time shall be counted. �
"Quilding Facade of Signs" shall mean that portion of any exterior elevation
of a building extending from grade 'to the top of tlie parapet wall or eaves and
the entire width of the building elevation. •
"Business Sign" shall mean a sign ti•+hich directs attention to a business,
profession, comnodity, service or entertainment conducted or manufactured upon
the same lot. A sign. advertising a particular product or line ofi products
sold on the premises, but not constituting the principal activity of the
establishment may be included, provided that not more than fifty percent (50%)
of the area of the sign is devoted to such advertising.
"Canopy Sign" shall mean lighteG or unlighted display attached to the underside
of a projecting canopy or marquee protruding over public or private side�aalks
or rights-of-way. .
"Chanseable Copy Sign" shall mean a sign which in part or whole, provides for
_ periodic changes in the copy of the sign. Signs on wh�ch the only change is
� a periodic price change for the product or products customarily sold on the
� `. premises and on �ahich the location, size and color of the numbers remain ;
� constant, are not to be considered changeab?e copy signs.
"Civic Sign" shall mean a sign which gives notice of the name, address,
activities, or services of a publ�ic or quasi-public agency, building or focility.
,� . . .
� � , . .
' � , .� . ' S9 .
Sec. 33.1401 .. ..
"Copy Area of a .Sign" shall mean the actual area of the sign copy applied to ------ - --
any background. In computing copy area, straight lines drawn closest to
copy encompassing individual words shall be used. When modules are used, the
area of the smallest rectangle enclosing the modules shall be used.
"Construction Sign" shall mean a sign which announces an intended and proposed
I
future use contemplated for the site. �
"Directory Sign" shall mean ,a sign listing the name and location of the tenants,
departments or businesses of a building or shopping complex.
"Freestanding or Pole Sign" shall mean a sign rihich is supported by one or
more columns, uprights or braces in or upon the ground.
"Ground or Monument Siqn" shall mean a sign located -directly on the ground, or
on any support other than a building, such as fences and freestanding ��ralls.
"Height of Signs" shall be measured from the ground to the top of the leading
edge of the smallest rectangle enclosing the sign.
Examples :
. - . ' .- �'n n i oD E36e n � ' � u t . . . �� • .
- - . . �� � - X"� � n'�-n} '
Lead:nF - Sign Sign Sign I SiFn �
E3ge"� � � �
� -
' Ell:pses Trapezoids Circies Rho�boids
X indicates the point at which the height of the .
sign is determined. ,
, � . � .
S
�, . � • . , • 60.
. Sec, 33,1401 • • � � � �
"hlarquee Sign" shall mean any sign applied to or constructed in e marquee. A
sign applied to a facia or canopy shall be defired as a marquee sign.
- "Multiple Business Siqn" shall mean a sign upon which more than one business
is displayed. � -__ •
• "��ultiple Copy Sign" shall mean a business sign which advertises a particular
product, line of products, sold on the premises in addition to the name of the
. business and principal product or service. , .
. "Multi-sided Sign" shall mean signs constructed back-to-back, with faces in
approximately parallel planes (such as on both sides of a single panel or
"V" shape, pi�ovided the angle betvreen the two faces does not exceed forty-five �
degrees [45°]) , which shall count as only one sign, both as to number and area,
i.e. , only one side need be counted. Every other sign having multiple sides
or:faces, including a sign constructed in the form of a cylinder or sphere or
similar figure, shall be limited in total area as provided herein.
"Nameplate Sign" shall mean a sign upon which is displayed the name, profession,
and address of the occuaant.
"Political Sign" shall mean an outdoor advertising �tructure which is designed
. � � to influence the action of the voters, either fer the passage or defeat of a
measure appearing on tne ballot at any state or local election, or aihich is
�` designed to influence the action of the voters, either for the election or dzfzat
of a candidate for nomination br election to any public office at any natio�al ,
• state or local election.
� "Principal Identification Sign" shall mean a business sign used to identify only
the name of the business and the principal product or service. • '
� .
7 � .= - � �
. � � � .. ,
• , . . . ' . 61 .
' Sec. 33,1401 �
"Projectinq Siqn" shall mean a sign which proiects perpendicularly beyond.the ___.__._ ___ .
building face and u'ses the building wall and/or roo` as its main source of
support. � '
"Real Estate Siqn" shall mean a sign �ahich gives .notice of the sale, rental
or lease of real estate.
�
"Reader Board Siqn" (see "Changeable Copy Sign")
"Residential Siqn" shall mean a sign on o-rhich is displayed the name and address
of the occupant.
"Roof Sign" shall mean a sign erected upon.or above a roof or an architectural
feature designated as a roof which is �•rholly, partially, or appears to be,
supported by said building. •
"Wall Siqn" shall mean a sign tahich is in any manner affixed to_ any exterior
r�all of a building or structure and which projects not more than ta�elve inches
{12") from the building or structure and does not extend above the roo`, �
parapet, or building facade.
"�indow Sign" shail mean any sign secured to the inside or outside of any
window or other�aise so located within any building so as to be normally visibie
- from the exterior of any building. �
.
9j _
. �