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Home My WebLink AboutPlanning Comm Rpts./2002/02/27 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m Wednesday, February 27, 2002 Council Chambers 276 Fourth Avenue, Chula Vista CAll TO ORDER ROll CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCC 02-21; Appeal of the Zoning Administrator's decision to deny a Conditional Use Permit for a weekend pet adoption facility within two tents in the parking lot at 875 East H Street. Applicant: Judy Ray. Project Manager: Kim Vander Bie, Associate Planner DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item: I Meeting Date: 2/27/02 ITEM TITLE: Public Hearing: PCC-02-21; Appeal of the Zoning Administrator's decision to deny a conditional use permit for a weekend pet adoption facility within two tents in the parking lot at 875 East H Street. Applicant: Judy Ray The proposed project is a request that the Planning Commission overturn the Zoning Administrator's decision to deny a conditional use permit for a weekend pet adoption center within two tents in the Kmart parking lot at 875 East H Street. The Environmental Review Coordinator has determined that this project is categoricalIy exempt, pursuant to CEQA, Section 15305, Class 5(f), minor conditional use permits which do not result in any significant change in land use or intensity. RECOMMENDATION: That the Plarming Commission adopt Resolution PCC-02-21 (Attachment 2) upholding the Zoning Administrator's decision to deny the conditional use permit at 875 East H Street. DISCUSSION: 1. Site Characteristics The site is approximately 15 parking spaces on the western edge of an overflow parking area in an 11.44-acre, fulIy developed commercial center, consisting of Kmart and The Good Guys to the east, and Tweeter to the south. Directly west of the site is a mini storage facility, and north of the parking lot, across the road, is open space. 2. General Plan, Zoning, Rancho Del Rev SPA and Land Use General Plan Zonin. Rancho Del Rev SPA Current Land Use Site: Commercia) Retail P-C, Commercial C-l Kmart North: Open Space P-C, Open Space OS Open Space South : Commercial Retail P-C, Commercial C-l Tweeter East: Commercia) Retail P-C, Commercial C-l The Good Guys West: Commercial Retail P-C, Commercial C-l Mini Storage / Page 2, Item: Meeting Date: 2/27/02 3. Proposal The applicant proposes to erect two 20 x 40 enclosed white tents in the far west end of an overflow parking lot west of Kmart to establish a pet adoption facility, "Pet Faire." The applicant's original project description indicated that the tents would be erected on Saturday mornings and taken down on Sunday afternoons. However, the applicant is now requesting that the tents be permanently anchored in the parking lot so that they will be more stable, especiaIly in windy conditions, and that a 6-foot-high, moveable security chain link fence be erected around the tents. Between the hours of 11 :00 a.m. and 4:00 p.m. on both Saturdays and Sundays (and some holidays), the tents would serve as both a display area for caged dogs and cats, and an application-processing center for people who want to either adopt or relinquish a pet. See Attachment 3 for applicant's description of the Pet Faire she has operated in other locations, including Petco and Petsmart. On January 11, 2002 the City of Chula Vista Zoning Administrator considered the conditional use permit and denied it because the required legal findings could not be met (see Notice of Decision, Attachment 3). FoIlowing is a discussion of the Zoning Administrator's action: The first required finding is, That the proposed use at this location is necessary or desirable to provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed use (pet adoption facility) could provide a necessary or desirable service that could contribute to the general weIl being of the neighborhood or the community. However, at the location proposed, the Rancho Del Rey SPA I requires uses to be in completely enclosed buildings, and the two tents proposed for the facility do not qualify as completely enclosed buildings. The second required finding is, That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The development would be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista, as weIl as the State Humane Handbook and the California Penal Code in regards to retail sale of dogs and cats. The project is proposed in an area that was designed for parked cars, not for an outdoor pet adoption facility. c2. Page 3, Item: Meeting Date: 2/27/02 The third required finding is, That the proposed use will comply with the regulations and conditions specified in the code for such use. The Zoning Ordinance specifies that in certain commercial zones, "All uses... shall be conducted wholly within a completely enclosed building. . . ." The two tents proposed for the facility do not qualify as enclosed buildings. And the final finding is, That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The outdoor pet adoption facility proposed is in compliance with the General Plan land use designation of Retail Commercial. However, it is not a permitted or conditional use in the Rancho del Rey Commercial Center, according to Section IX-B. I of the Rancho del Rey SPA I (see Attachment 5). APPLICANT'S APPEAL On January 18, 2002, the applicant submitted a letter to the Planning Division, appealing the decision ofthe Zoning Administrator (Attachment 6). In her letter, the applicant states that the parking spaces required for the tents are "so far away [from the stores]" that they are never used, according to the manager of Kmart. She explains that the tents, which can be easily removed, are an economical alternative for a non-profit organization, and that Pet Faire: · Reduces the number of pets entering the overburdened animal shelters, thus reducing the number of pets euthanatizd each year. · Saves the city $150 per pet per day, saving the city tens of thousands of dollars each year. . Has found homes for approximately 800 pets to date. 4. Analysis The City of Chula Vista City Council adopted both the Chula Vista Municipal Code and the Rancho Del Rey SPA 1. The regulations in both documents apply to this project. The regulations in the Rancho Del Rey SPA 1 are specific to the Rancho Del Rey 1 Planned Community, while the Chula Vista Municipal Code supplements the SPA and provides for issues not specifically addressed in the SPA. The proposal is not a permitted or conditional use outlined in Section IX-B. 1 Permitted and Conditional Uses, Rancho Del Rey SPA 1. Also, the proposal is inconsistent with the Chula Vista Municipal Code, Sections 19.32.080 (Central Business Zone); 19.34.080 (Neighborhood Commercial Zone); 19.36.070 (Central Commercial Zone); 19.38.110 (Visitor Commercial Zone); and 19.40.120 (Thoroughfare Commercial Zone), which --.3 Page 4, Item: Meeting Date: 2/27/02 require all uses (with some exceptions, including those specified under conditional use permits as determined by the Planning Commission) to be conducted within a completely enclosed building. The property owner at 865 East H Street (Tweeter) is opposed to this project because he feels that it could have an adverse impact on parking availability; it could "increase vehicular and pedestrian traffic in the immediate area"; and add a "health risk." Please see letters dated February 19,2002 and December 6, 2001 (Attachment 8). 5. Conclusion Staff recommends denial of the proposed appeal in accordance with the attached Planning Commission Resolution, which finds that the project does not comply with the four required findings to allow the proposed use in the parking lost at 875 East H Street. Attachments 1. Locator Map 2. Planning Commission Resolution recommending denial 3. "Pet Faire" description 4. Notice of Decision 5. Section IX - B.l of the Rancho Del Rey SPA I 6. Applicant's appeal letter 7. Disclosure Statement 8. Letters from 865 East H Street owner 9. Site plan ~ ttttUllllj PUBLIC OPEN SPACE p PUBLIC OPEN SPACE o DEL \::j PUBLIC OPEN SPACE PUBLIC OPEN SPACE 'i . "j"/;/"/// ;/" f/~/~;~//~#.... ~, // // //-:;:. // / // ,- /.:/ // // /".;/ /" . ~ ;/"/ .f/ ~/~:/;/"/:/ // ;/" /~/:; /.-/ // /// / f/~ /-/w.m COSTCO MINI STORAGE BRUNSWICK BOWLING RETAIL EAST "H" STREET PROJECT ~ LOCATION C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT JUDY RAY PROJECT DESCRIPTION: C) APPLlCAN1: CONDITIONAL USE PERMIT PROJECT 875 EAST "H" STREET ADDRESS: Request: Proposal for the operation of pet adoptions SCALE: FILE NUMBER: under tents in Southwest par1<ing lot of K-MART Store NORTH No Scale PCC-02-21 on every Saturday and Sunday from 11 :00 AM to 4:00 PM. h:lhomelplanningllocatorsIPCC0221.cdr 11/02/01 ATTACHMENT I RESOLUTION NO. PCC-02-2I A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION UPHOLDING THE ZONING ADMINISTRATOR'S DECISION TO DENY A CONDITIONAL USE PERMIT FOR A WEEKEND PET ADOPTION F ACIUTY WITHIN TWO TENTS IN THE PARKING LOT AT 875 EAST H STREET. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on October 24,2001 by Judy Ray ("Applicant"); and, WHEREAS, the request is categorically exempt, per Section 15305, Class 5(t), minor conditional use permits which do not result in any significant change in land use or intensity, in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the Zoning Administrator determined that the request was not consistent with Sections 19.32.080, 19.34.080, 19.36.070, 19.38.110, and 19.40.120 of the City of Chula Vista Municipal Code that generally require all uses) to be conducted within a completely enclosed , building; and, WHEREAS, the Zoning Administrator determined that the proposed use is not a permitted or conditional use outlined in Section IX - B.I Permitted and Conditional Uses, Rancho Del Rey SPA I; and, WHEREAS, on January 11,2002, the Zoning Administrator denied the conditional use permit based on the same findings as listed below; and WHEREAS, a duly verified Appeal Form was submitted to the Planning and Building Department of the City of Chula Vista on January 18, 2002 by Judy Ray; and, WHEREAS, said appeal form requests that a variance be granted to allow a weekend pet adoption facility within two tents in the Kmart parking lot at 875 East H Street; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on said appeal, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely February 27, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and said hearing was thereafter closed; and, I {p ATTACHMENT 2 WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to this application. NOW, THEREFORE, be it resolved that the Planning Commission does hereby find, determine, resolve, and order that the decision of the Zoning Administrator be upheld based upon the following: I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. If the proposed use (pet adoption facility) were in a completely enclosed building, the use at this location could provide a necessary or desirable service that could contribute to the general well being of the neighborhood or the community. The two tents proposed for the facility do not qualifY as completely enclosed buildings. 2. That such use will not under the circumstances ofthe particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The development would be subject to meeting all health, safety and general welfare standards and regulations set forth by the City ofChula Vista, as well as the State Humane Handbook and the California Penal Code in regards to retail sale of dogs and cats. The project is proposed in an area that was designed for parked cars, not for an outdoor pet adoption facility. 3. That the proposed use will comply with the regnlations and conditions specified in the code for snch nse. The Zoning Ordinance specifies that in certain commercial zones, "All uses... shall be conducted wholly within a completely enclosed building...." The two tents proposed for the facility do not qualify as enclosed buildings. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The commercial use proposed is in compliance with the General Plan land use designation of Retail Commercial. However, it is not a permitted or conditional use in the Rancho del Rey Commercial Center, according to Section IX-B. I of the Rancho del Rey SPA I. 2 7 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 27th day of February, 2002, by the following vote, to-wit: AYES: NOES: ABSENT: Kevin O'Neill, Chairperson ATTEST: Diana Vargas, Secretary 3 ? 9-13-01 STOP (Save The Orphaned Pets). Inc 671 Arthur Ave Chula Vista CA 91910 Judy Ray. presidentldite'ctor () t 9- 422- 7240 . Pro'llmallv 3 te'nlS ~()x40 will be erected every Friday to Sunday and then taken d l)\>, n . Pet Fatre is where people are allowed to bring their pets to find new homes, they stay with the pets until adopted or they take them home. . S T.O P takes In orphaned pets relinquished ITom people in our community. Pets are first taken to Amazon Animal Hospital for exam and then placed in foster homes to await pe1 f:ures . Foster homes are provIded by local people and also by students that require community service hours Benefits 1 am the pres,de'nt/dlrector ofS.T.O.P.(Save The Orphaned Pets), Inc. and we are a non-protle no-kill animal shelter alternative and I benefit in >avin!;: the pets ftom certain death. BIg K benefits by helping the community, allowing a place to hold Pet Faires a desperately needed community service. The neighborhood benefits by having a place to turn to, to relinquish pets, knowing they will tind a good home. Currently if a person needs to relinquIsh a pet they can place and ad in the paper and sit by the phone, drop them ofT In the' park or take them to the animal shelter and hope they SUf\lTVC S TOP saves the city aprox. $10000 per day per pet compared to the Chula V,sta animal shelter From May 2000 to May 2001 we adopted 580 pets at a savmg to the city of $58,000. for one pet at the shelter for one day The animal shelter benefits as the number of pets abandoned is reduced, a!lowing the shelter to have more time to deal with the pets at hand. The cornmumly In large wins in so many ways as students learn un- teachable lessons as they care for a pet. Unconditional love, dependability, caring for another eCI .-\11 this at no cost to the city. Application appendix "A" , , .' 4 s " ~ \ I 1.?"U:..a JdC'AI r hD lei pe+ a.dDfh DrlS. e Lee c-r .)udc-/ s:;'+4 SL{ IV L~ r-uj f'( t-e ..vts . pe.b (CAT-$') l'r\; rtL"yv'5) cL PLz rJ S f~' I i r-v CAL] r:-s -Fur C( d (;> pi: D r0 , (; rte W t I\A::.r . cr ATTACHMENT 3 s. T.O.P. S TOP (Save The Orphaned Pets) Inc. 619-422-7240 Is a no-kill animal shelter alternative? Approved tax exempt (501) C (3). Created "Pet Falre" the only place allowing people to bring their pets to find new homes so they can keep In touch with the pet, exchange food, toys, bedding and even baby-sit if permlt1ed We took positive action to prevent animal euthanasia and help the over-burdened animal shelters The best way to help the shelters is to get to the pet before they get to the shelter STOP. (Save The Orphaned Pets), Inc. saves the city $100.00 per pet per day with each pet adopted thru us vS the animal shelter. We are all volunteers and we can give required community service hours to students volunteenng S TOP (Save Tne Orphaned Pets), Inc. is a desperately needed community service Thumbnail sketch Founcled in May 2000 Member of PelsMart Chanties s.nce May 2000 Participant of petsMart Chanties Adoption Rewards Program since July 31, 2000 Numbet of pelS B<lopted from May 2000 - May 2001 =580 cats and dogs/savings to the city is $58,000.00 Pet Fa/re's held at PetsMsrt every weekend until July 31,2001 Pet Faire's current B<lopt/on location IS PelCo, 1215 Broadway, Chula Vista. ACCOMPLISHMENTS Winner of Channel 10 Leadership award Fealured articles wntten for the Chute Vista Star News. L.ectured at 4-H leadership conference /0 ........., .t, lOGO ---- ,.., 11. ...._ s.,.".., CJo.. w.... NtIIioMl CIty, BoItIM II1Id EiutlAJu ~ Nonprofit group S.T.a.p.s killing of pets So far, the response haa been JOOd, Ray oaid. Wood of mouth has n:IIIIIed in more than 100 pet ad0p- tions aincc the Pet FBires s~. "We're the only organization in IOWI1 ... where peopJe who -'.10 n>Iinquish pets come together with people who wsnt to adopt a pet," Ray said. Many ownao brinll !heir pet's toyS, beddin&, food, food bowl and infonnation shouI their animals to the fain, Ray said. to help make the transition into a new home SIIIOOIher. "We also donate dog or cat food. as kitty litter to people rhat -' it ... 10 people with a low-income, the elderly." Ray oaid. "If they let ua know dley Deed i~ "we give it to tbcm. "It sounds 100 good to be trUe, but it', Dot. We enjoy il. We belp slot of people." Adoptions coot $40 ond include spayinll or Dcurerinll, and a rabies t..In" ~.. .<1 - ~.. AE """--iI>$ for ICVWII r-'S . . Ioc:al amm.I oheI- . ChW. Villa resideatl Judy. Ray ud Pula 11<:~"\)_ decidod 10 SWI beIpiq mimaIa on !heir OWD. Etuiior dsia ~ they formed a RCIIIpI'Otit __ . 'i' caDed Saw the 0... ' Peca. S.T.O.P. is !be GIlly ssH.iII .w.I sheller .....b M ia die CI08IIIy. ..xor.u, to by. wbollid .... CIII t1IrDCd ill .1DOIbIr local .... _ ---- after a couple at ~. AIIimIJI !InecI ow:r to S.T.O.P. .... kept in f_ """- unlil they're ~ she Mid. Pel ........ .. die odoptV- cliDja lite called., an IIdd baD II LD\. to 4 p.III. . ..........1. k-=-cI . 820 "-' dol Rey lilt Obda VIola. The ~ it ..~It..Wa boIdiD& the Pt:t Fairw d.e on '-....._1 dayt IS well. Ray said. -'-'-~-' II vaccination if the aoimaJ is old enough. S:T.O.P. isn't woddng alone. Amazon Animal Hospital. at Thin! A_ and Oxfood Suect, cJUll1liDes S:r.O.P.'s animaIJ for a diacounI p-ior to the pet fair, Ray said. Patty Nay"', I188istaDt maoaaer althe hospital, said onoc aD aoimaJ. i. adopted &om S.T.O.P., the owne< may bring in the pet for one f= external exam to see if there &R: any signa of diJcasc. Ray said moat people &R: pleased when they can re1inquish their peII to someone they've met. ~oua owners also may stay in touch. with new pet ownen, to hear how.1heir animals are doin&. &be added. "If there i. ~ a problem (for) the adoptive owner; we do take the pet baclc," Ray said. "We're alway. theI1:." ,; ~ ~ f.? ~ .~~~~ em OF CHULA VISTA Zoning Administrator NOTICE OF DECISION On PCC-02-21 S.T.O.P. Notice is hereby given that the Zoning Administrator has considered conditional use permit PCC-02-21, Save the Orphaned Pets, Inc. (S.T.O.P.), a request to establish a weekend pet adoption center under two tents in the KMart parking lot at 875 East H Street in the Planned Community Commercial Zone (PCC). ENVIRONMENTAL STATUS: The Environmental Review Coordinator has detennined that the application is exempt from environmental review under CEQA as a Class 5(t), Section 15305 exemption, minor conditional use pennits which do not result in any significant change in land use or intensity. The Zoning Administrator, under the provisions of Section 19.14.030.A of the Chula Vista Municipal Code, hereby denies said request based upon the following fmdings off acts as required by CVMC Section 19.14.080: 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribnte to the general well being ofthe neighborhood or the community. If the proposed use (pet adoption facility) were in a completely enclosed building, the use at this location could provide a necessary or desirable service that could contribute to the general well being of the neighborhood or the community. The two tents proposed for the facility do not qualify as completely enclosed buildings. 2. That such use will not nnder the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The development would be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista, as well as the State Humane Handbook and the California Penal Code in regards to retail sale of dogs and cats. The project is proposed in an area that was designed for parked cars, not for an outdoor pet adoption facility. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The Zoning Ordinance specifies that in certain commercial rones, "All uses...shall be conducted wholly within a completely enclosed building...." The two tents proposed for the facility do not qualify as enclosed buildings. o Id-.. ATTACHMENT 4 ZA Notice of Decision - PCC-02-2l Page 2 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The commercial use proposed is in compliance with the General Plan land use designation of Retail Commercial. However, it is not a permitted or conditional use in the Rancho del Rey Commercial Center, according to Section IX-B.I of the Raneho del Rey SPA 1. DETERMINED BY ZONING ADMINISTRATOR OF THE CITY OF CHULA VISTA, CALIFORNIA, this II th day of January, 2002. JCS/klv o /3 IX-B.l PERMITTED AND CONDITIONAL USES The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears. Uses are not permitted where the symbol "N" appears. LAND USE COMMERCIAL DISTRICT C-l A. Service and commercial 1. Animal hospital or veterinary clinic and/or office C 2. Automobile and/or truck services c 3. Bakery, retail P 4. Barber or beauty shop 5. Blueprinting and photocopying 6. Car washing establishment subject to provisions of Section 19.58.060 CVMC P P C 7. Clothes cleaning pick-up agencies with incidental pressing P 8. Clothing sales P 9. Day care, nursery school C 10. Drug store, pharmacy P 11. Eating and drinking establishments: a. Restaurant, restaurant with cocktail lounge, coffee shop, and full delicatessen (may serve alcoholic beverages) P b. Refreshment stands & snack bars within a building as accessory to permitted use P c. Fast food restaurants with drive-in or drive-through P 12. Gasoline dispensing and/or automobile service station C IX-B-2 ry ATTACHMENT 5 LAND USE 13. Grocery, fruit or vegetable store 14. Health or atheletic club 15. Hotel, motel; subject to provisions of section 19.58.210 CVMC 16. Liquor store (package, off-sale only) 17. Medical and dental offices, and clinics, medical, optical and dental laboratories, not including the man- ufacture of pharmaceutical or other products for general sale or distri- bution 18. Movie theater, multi-plex 19. Offices: administrative and execu- tive offices; professional offices for lawyers, engineers, architects; financial offices including banks, real estate and other general busi- ness offices 20. Plant nurseries and similar outdoor sales 21. Recreation, commercial including bowling alley, billiard parlor, skating rink, and miniature golf course subject to the provisions of section 19.58.040 CVMC 22. The retail of such bulky items as furniture, carpets and other similar items 23. Retail distribution centers and manufacturer's outlets which require extensive floor areas for the stor- age and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive of existing on-site retail distribution centers of manu- facturer's outlets. IX-B-3 /r;- COMMERCIAL DISTRICT P C C C C P P C C P P LAND USE COMMERCIAL DISTRICT 24. Any other retail business or service establishment supplying commodities or performing services which is determined by the Planning Commission to be of the same general character as the above mentioned retail business or service uses and open during normal business hours of the above uses P 25. stores, shops and offices supplying commodities or performing services for the residents of the city as a whole or the surrounding community such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises P B. pUblic and semi-Public Uses 1. 2. 3. 4. 5. \ Day nurseries, day care schools and nursery schools C Educational institutions, public or private including vocational schools C Post offices and post office terminals C Recreation, private, semi-private, or commercial C Public and quasi-public uses appro- priate to the district, such as professional, business and technical schools of a public service type, but not including corporation yards, storage or repair yards, and warehouses C 6. School and studio for arts and crafts; photography, music, dance and art galleries, in accordance with the provisions of section 19.58.220 CVMC C 7. Any other public or semi-public use which is determined by the Planning commission to be of the same general character as the above permitted uses C IX-B-4 tip - - - -- ~...__...._.._>_.- ~_..,~_..._----~-,_._._- LAND USE c. Accessory Uses 1. Accessory structures and uses located on the same lot as permitted or conditional use 2. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities 3. Incidental services for employees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms 4. Roof mounted satellite dishes subject to the following standards or conditions: a. The dish shall be screened using appropriate matching architectural materials or parapet walls; b. Dishes shall be of a neutral color, match the building, or as otherwise approved by the City; c. A building permit shall be required; and, d. No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. D. Temporary Uses 1. Temporary uses as prescribed in Chapter XI IX-B-5 11 COMMERCIAL DISTRICT p p p p p 1-18-02 PCC-02-21 S.T.O.P. (Save Tbe Orpbaned Pets), Inc. As president of S.T.O.P. (Save Tbe Orpbaned Pet s), Inc. a no-kill animal sbelter alternative, I Judy Ray am appealing tbe decision of tbe planning administrator as stated below. . Allowing tents to be ancbored in place in tbe west side oftbe west parking lot for pet adoptions every Saturday and Sunday Drovides a desDeratelv needed community service. . S. T.O.P. offers our community a no-kill animal sbelter alternative for anyone requiring to relinquisb a pet. . Pets are relinquisbed for many reasons, we are a military town, elderly people can't take care oftbeir pets anymore and family's part and move. . We allow pet owners to bring tbeir pet to our Pet Faire to find a new bome. . We compliment people and organizations who rescue pets witb a place to bring tbe pets. We take kittens from tbe feral cat coalition, as tbey do no deal witb kittens. . We reduce tbe number of pets entering tbe overburdened animal sbelter tbus reducing tbe number of pets eutbanasied eacb year. . We save tbe city $150.00 per pet per day tbat we take in for adoption, tbus saving tbe city tens of tbousands of dollars eacb year at no cost to tbe city. We bave found bomes for apprOL 800 pets to date. . We belp and offer required community service bours to local students in our community. . We work closely witb ROP offering internsbips to students. www.oetfaire.orl!: was created by students of Bonita Vista Higb. . Tents can be easily removed vs. removing a building. . Tents is an economical requirement for a non-profit corporation vs. tbe cost of an enclosed building being built. 1. A negative decision to our plan will cost tbe city tens of tbousands of dollars eacb year. It will cause a devastating increased number of tbe pets to be eutbanasied eacb year. It will burt people in our community wbo love tbeir pets but must relinquisb tbem, taking away an outlet to find good bomes. Some family's keep in toucb and even baby sit tbeir I~ ATTACHMENT 6 pets after adoption, we are the only org. tbat allows this. It will burt local students, ROP, feral cat coalition, tbe elderly and tbe military pet owners. 2. Tbis project is operated by volunteers from our community. 3. Tbe parking spaces required for tbe tents is so far away none are ever used, tbis land is just sitting tbere, per Bob Britts manager. He bolds a gross lease on this property and has given us permission to hold a Pet Faire every weekend. All safety requirements are met. All state and local bealtb requirements are met. AIl adoptions regulations for non-profit pet adoptions are met. Non-profit tax ID # 33-0891181 All fire department regulations are met. All insurance requirements from Kmart are complete. Our entire program and project is to save the animals in our community. If you bave any questions, please don't besitate to call. :p;r;z;d;recto, S.T.O.P. (Save Tbe Orpbaned Pets), Inc. 671 Arthur Ave. Cbula Vista CA. 91910 619.422.7240 e-mail oetfaire!a)cox.net www.oetfaire.on! 19 7~:c Yo~ ar.;; ~cCl.JI"-;::j;'::" (e 2 S'.~;tF-".=T :" L:s: ~,' :1;- Ga;T1,~Jw.?r, :-ont:it:~Jti:Jn5. Oil :> T'^'a:t~:r-; ''I ' Co...:.,::.:;; ~:':J.qn:n::::::C'lm;~;5<'.r: ~1,-1: <:.'!' ~.-'.".f:' . ,. Lisi tne :1ar';ie~, cf all pe;S~ji'.S ::2\',:Y,~ t ,...-~~ aDP~i('.8ti~ln U" t~V? :::t::lra:c ::: .~j' DV,'0P'"2 :i --.-.--,-..--.--.-----...---'---.-.-'..-..-.-.----.-. - _.- ______. _. .__n.___.__..___..___________.__ ----_._.._~-_.,- _ .------'--"-'-'. -_..,~--_.. 2, \f 8~\I'" !::er;:.;:,'~,~ ':':8~~:{:'=c p,_"~-,u~:r','. L~\c:vicil;::,\::: ':1~.",;;,~ m:.lr~! p' ::1:- ',:<:,~ '. :iv i~ j t ";..:; 'J~. . ~-, , .{,: " ,-' ___~.____.____~_ R' ..__._-_._... ..-.~_.---'-- ---"" - ..---...-.-........- ~...~_.. _.-_..---~..._.._. - ,-~. ,- --"_.. .__ .._...___._._...___ ___,._.._.__-._r....-.... ,.-.-.' .._.~..~.. ... ,) j"" ,::. ':' I., ~_; ~.:''if -2:' '.' \.:,;' . ~.. .. ~';.;r ' r q ::,:~, c' '.F .' \ ~-\t 1- , n_:':'.. ....;~.. ~ '~"-"" \. .;..~L. "r~-'~--- . - . ' ..._-_..--_.....~..,' "_.. __h_""~"___'" ___.._~ .,_.....~.-, . d:1:;:- ~<)r:, ~,"':;' ,~ ~ '., SCi:'.~~: .',~:!C' ,:",. ','.::,-" "-i 'i~~;'~:'~ ._'",1 If .'.:;1'" ~_')'~2~~; .,:,,(, " '. ~':-;a ..:., .' .:..0., o ri:~,(\-:-: .::; ....-',;I.-i "j';': 'l, j;1 ~: ~ .:c.:. ,',':' -.,. ....-,.-.- --,-' . ......~...._._.>o . ..~.__~_._'_.-_... .. - I.,;' ,:,':' 1:-- . . ;)(J '.::\E:n , . 'l"'--.t"~ 0- ':"13,.,::i =1 ,nterests, payments, ., :"~. :Jna"; ac~t::"1 0", the part of the City ::Jio\,m~ :-,f::I:'-,3:,'J'1 must be disclosed' .;~, ;>ropellj' wn:~h is the subject of the .. ,it "'.J.Jc:n~-acjor "1n\erial supplier. _. .._m.___.____.._ .-- . -.-------...- --~_..-._--_._._.. .:,' ':,. 0; ~awI8rsili:J, list the names of all :;.Y::j:)~ DI' :>""[111"9 a:1Y partnership interest -- ..-------------.--. - ...__.._--~._.~.-_.- ..---------...-.--..- 'I'; ..~-:?;!ij;:i"J1i':;;....i :." r.. irust, iist the names of ~,' ," ,"," ,.N' .. - :.;;;neficiarf or tiUstOT of ..... .~...~-_.._--_.~_... ,.-_..--" ..'-.-- ----.........' --....---- .._---~._,.-._._-_....-,_.-------- ;:: \''':j'' "T" ......, "',ber ()f the City staff, ,~,.. r"""I"~. l"'-,I'I'-,~:) ....:r=... No ,./ .'.-' .....t. .,1_' , ...."j ,.... 1_;:) 1...1:::...- . --_...._.,--~_...._..... .. -. .. C~"~;)::::~':'?=s:, cons~itants. ~"~-:: '. 'IV ,Ii nitS matter. Dr .I., :~.::; ;.:.:, ......... ___n___"'___." _~, .~. -...- ... _.~_. .----- ." -';.:.,-' .:.:re tr;ar: ~ "': ,DOC 10 8. .. :i \'(;S, state wnicf, ....~_._w. "~E," .. .^ , "" i.. ~-~, ......~ 0::". .'....;..".._.:r ::..~- :. 'LtS :to:'/~:::Jp\( cant - ~,-:;., .,,; .r.-_ . ,.~. ~, ",,'.,., ., 'c. _:~ c~:-,:\:r;::tor";;:-JD!l::2,nt '),.~" ::1;:,'; ~',:rnc' .U'JQ'l ,,(, :w::r:;l":$iCn, ,J.' ,':In., ATTACHMENT 7 ,.,.._--_.._..._~..~._..__.---,-,- . , .-_.--=-'~ -:~~:-------=:;--;-7-:::--'---,r ;;'-.'::::-: i~-' f __ ,- - - ;------ .,'- .-----.---.--------=---." j . " , , i - FEB 2 J 2002 ; , RICHMONT ';; r ':..:...- : \"~' .-. ~':::~I' ....'c~'i> ~'e: \, , i..----._ p~.!.G,:>!'\:G February 19, 2002 Planning Commission City of Chula Vista 276 Fourth Avenue Chula Vista, CA 9]910 Re PCC-02-21, STO.P. ( Save the Orphaned Pets, Inc) 875 East H Street Dear Commissioners' This letter is submitted regarding the above-referenced application for a conditional use permit under appeal review by the Plaruling Commission on February 27,2002. Our company represents the land and building owner of the building located at 865 H Street, adjacent to the subject property On September 6, 200 I, we forwarded a letter to the Planning Department regarding this application. A copy of the letter is enclosed herewith for your review. We have received a copy of the Zoning Administrator's decision regarding this matter. The Zoning Administrator turned down this request on the foHowing items: ] . The two tents proposed for the facility do not qualifY as completely enclosed buildings. ~ The project is proposed in an area that was designed for parking cars, not for an outdoor pet adoption facility. 3. The use is not a permitted or conditional use in the Rancho del Rey Commercial Center, according to Section IX-B.] of the Rancho del Rey SPA 1. We support the Zoning Administrator's decision regarding this application From the viewpoint of a neighboring property owner, we can be sympathetic to the basic cause of the organization. However, a location more suitable to the character of the use should be found. For property within the Rancho del Rey Commercial Center ("Commercial Center"), the development was planned, land was purchased, buildings were built and leased based upon the specific plan of that development That plan assumes certain land areas, certain general building locations, general retail uses within those buildings, parking availability, and site maintenance typical for such commercial centers. The proposed use by the applicant uses land which meets the parking requirements for K-Mart. K- Mart was planning an expansion for that store and a relocation of certain parking areas. With the bankruptcy of K-Mart, 1 assume such plans may be on hold. It is my understanding the applicant talked with the store manager relating to such use. I am not aware of any approval of such use by the K-Mart Real Estate Department or Corporate Office. Besides taking up parking spaces, the proposed use increases vehicular and pedestrian traffic in the immediate area, adds a health risk due DL-( .~,' , ~,::~y _~;~, .::".',rer ':.' . rv'1C'''-i:Cv':O Ca!iforr,;o 91016 ~~' ).i,ji ,SJ ~J:;j. ,:;?Ci) 930-0C'88 ATTACHMENT 8 Planning Commission February 19, 2002 Page Two to the animals being held on site, clean-up procedures from the animals or the use have not been presented to us and simply washing down the area would not be an acceptable method of clean-up. In addition, such usage or use of the parking areas may violate any Reciprocal Easement and Access Agreements or Covenants, Conditions and Restrictions that may be recorded as part of the development plan for the property, if any. In conclusion, for the reasons indicated above, we request that the Planning Commission deny the appeal of the applicant. We would appreciate receiving a copy of the Planning Commissions decision in the regard If you have any questions pertaining to the above, or would like to discuss this matter further, please call me cc: Mr. and Mrs. Koros Mr. Ted Koros ~ RICHMONT ~ -,. '~ . f.; , December 6, 2001 Ms, Kimberly Vander Bie Project Planner Planning Department Public Services Building Chula Vista Civic Center 276 Fourth Avenue Chula Vista, CA 91910 Re Case ~o PCC-02-21 875 East H Street, Chula Vista, CA Dear Ms, Vander Bie: I have just received !Tom Mr and Mrs Koros the material you mailed regarding the above referenced site, The Koros's own the property at 865 East H SL were the tenant is Tweeter Company, a home electronics store, We have talked to the store manager and he has no objection at this point to the proposed use of a portion of the K-Mart parking lot for the pet adoptions use. In talking with the property owners, they do have some concerns. Specifically, if this is a temporary use, say over the Holiday Season, then that is OK. If this is a permanent use, then we would object to such usage as that was not part of the center's master plan. In addition, such usage takes up parking spaces that belong to the tenants of the individual parcels as well as all the tenants under REA agreements or the CC&R's. Such use may also violate the CC&R's and no one has obtained approval for such usage thereunder. Besides the use, we are concerned about traffic, parking, pedestrians walking the area, health factors from animals being kept in this area, and clean up after such usage. Nothing in the material provided addresses these issues Please pass this information on to the Zoning Administrator, and we would appreciate receiving a copv of the Zoning Administrator's decision. If you have any questions pertaining to the above, or would like to discuss this matter further, please call me. Sincerely, George R. Monte President cc Mr and Mrs. Koros .::L~ , .. -', -- - .-.'.:2'~;_::- . '-' '....~~,,::;iiTG,r.'lio ? 1 C 1'8 - - , . , .""":...:.'':i -:;30-(":.028