HomeMy WebLinkAboutOrd 2005-2999
ORDINANCE NO. 2999
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
EASTLAKE BUSINESS CENTER II SUPPLEMENTAL
SECTIONAL PLANNING AREA (SPA) PLANNED
COMMUNITY DISTRICT REGULATIONS AND LAND USE
DISTRICT MAP, TO DEFINE PERMITTED LAND USES
WITHIN A 36-ACRE, NEWLY CREATED DESIGN DISTRICT
OVERLAY LOCATED AT THE INTERSECTION OF OTAY
LAKES ROAD AND FENTON AVENUE/SHOWROOM PLACE
WITHIN THE EASTLAKE BUSINESS CENTER
1. RECITALS
A. Project Site
WHEREAS, the area of land which is subject matter of this ordinance is
diagranunatically represented in Exhibit "A" attached hereto and incorporated herein by
this reference, and commonly known as the Design District Overlay within the EastLake
Business Center, and for the purpose of general description herein consists of
approximately 36 acres located at the intersection of Otay Lakes Road and Fenton
Avenue/Showroom Place (formerly Girard Place), ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a SPA amendment was filed with the
Planning and Building Department on May 19, 2004, by the EastLake Company, LLC
requesting approval of amendments to the EastLake Business Center II Supplemental
SPA Planned Community District Regulations and Land Use District Map and Design
Guidelines to: I) add a new section to the Planned Community (PC) District Regulations
clarifying the allowable land uses for businesses located within a newly created Design
District Overlay, 2) amend the Design Guidelines to add a new section containing sign
guidelines applicable only for those businesses located within the Design District Overlay
("Project"); and
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of
various entitlements, including: I) a General Plan Amendment, General Development
Plan and Sectional Planning Area Plan and associated Design Guidelines, Public
Facilities Financing Plan and Comprehensive Affordable Housing Plan previously
approved by City Council Resolution No. 2002-264 on July 23,2002; and 2) Planned
Community District Regulations approved by Ordinance No. 22863 on August 6,2002;
and
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on February 23, 2005, and after staff presentation and public testimony, voted
Ordinance 2999
Page 2
5-0-1 to recommend that the City Council approve the Project, in accordance with the
findings listed below; and
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on March 8, 2005, on the Project and
to receive the recommendations of the Planning Commission, and to hear public
testimony with regard to same; and
WHEREAS, the City Clerk set the time and place for a hearing on said Planned
Community District Regulations amendment application 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 within 500 feet of the exterior
boundary of the project at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
4:00 p.m., March 8, 2005, in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was thereafter closed; and
WHEREAS, the hearing was continued to March 22, 2005.
NOW, THEREFORE, the City Council of the City of Chu]a Vista does hereby
find, determine and ordain as follows:
11. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on February 21, 2005, and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceedings.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the proposed
project was adequately covered in the previously approved Mitigated Negative Declaration for
the EastLake II General Development Plan (GDP) and EastLake I Sectional Planning Area
(SPA) Plan Amendments (IS-00-03) and the associated Mitigation Monitoring and Reporting
Program. Thus, no further environmental review or documentation is necessary.
IV. FINDINGS FOR PLANNED COMMUNITY LAND USE DISTRICTS MAP
AMENDMENT
The City Council hereby finds that the proposed amendments to the EastLake Business
Center II P]anned Community Districts Map are consistent with the City of Chula Vista General
Plan, and will provide an overlay area in which business related to home improvement can
congregate with built in safeguards to prevent incompatible land uses from taking place within
said overlay; and that public necessity, convenience, the general welfare and good zoning
practice support the amendment.
V. APPROVAL
----- ----- - _. ._..__._._~-----
Ordinance 2999
Page 3
Based on the above, the City Council hereby approves the proposed amendments to the
EastLake Business Center II Planned Community District Regulations and Land Use District
Map as depicted in Exhibit "B" and Exhibit "C"attached hereto.
V1. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this ordinance is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by a court of
competent jurisdiction to be invalid, illegal or unenforceable, this ordinance shall be deemed to
be automatically revoked and of no further force and efIect ab initio.
VII. EFFECTIVE DATE
This ordinance shall take efIect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
s D. Sandoval
ing and Building Director
0.... 1Y\ A'+'\\A...L.
Ann Moore
City Attorney
Ordinance 2999
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
ATTEST:
~~
---9"" Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2999 had its first reading at a regular meeting held on the 22nd day of March,
2005 and its second reading and adoption at a regular meeting of said City Council held on the
5th day of April, 2005.
Executed this 5th day of April, 2005.
~ ~~
~, Susan Bigelow, MMC, City Clerk
EXHIBIT A
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LOCATOR MAP
EXIDBIT B
SECT"ON "V: BUS"NESS CENTER D"STR"CTS
IV.O Purpose
In addition to the objectives outlines in Section I.O (Purpose and Scope) I the
Business Center Districts are included to provide for a quality working
environment and to achieve a harmonious mixture of uses which might otherwise be
considered incompatible when located in close proximity. Act.ivities are intended
to promote employment opportunities in manufacturing, service, research and
development¡ engineering and wholesale trade. In addition, the Business Center
Districts are included to advance the following objectives:
To reserve appropriately located areas for indust.rial· use and protect
these areas from intrusion by dwellings and other non-harmonious uses;
To protect residential and commercial uses from noise, odor, dust, smoke,
light intrusion, truck traffic and other objectionable influences and to
prevent fire, explosion, radiation and other hazards incidental to certain
industrial activities;
To promote sufficient open space around industrial structures to protect
them from hazard and to minimize the impact of industrial operations on
nearby resident~al or commercial districts: and
To minimize traffic congestion and avoid overloading utilities by re-
stricting construction of buildings of excessive size in relation to the
amount of land around them.
A. Business Center Manufacturinc Park Distrièt (BC-l)
This district is intended as an area for modern industrial, research, and
administrative facilities which can meet high performance and development
standards. and a Desicn District Overlay to allow a s-oecialtv desian
district.
B. Business Center ManufacturinO' Service District ·(BC-2)
This district is intended as an area for light industrial and limited
service commercial uses which can meet high performance and development
standards
C.
Business Center Core District
IBC-3)
This district is int.ended as an area for modern
administrative and service uses as a transition from
Commercial Districts and the EC-l & BC-2 Districts
light industrial,
the Village Center
The Business Center District areas (BC-l, BC-2, and BC-3) of the EastLake
Business Center have been included and constitute a portion of the High
Tech/Bio Tech Zone, an area of the City of Chula Vista, the territory of
which is shown on the Land Use Districts exhibit, within which certain
qualifying high technology, bio-technical' and bio-medical uses are
encouraged to locat.e by providing to those businesses economic and land
use' processing incentives.
14/6/03111/31/051
IV-l
Chaptcr II - S~ction ILJ
E:>stLok. II SPA Pions
IV.l
Permitted and Conditional Uses: Business Center Districts
The following uses shall be permitted uses where the symbol ~P" appears and shall
be permitted uses subject. to a. Conditional Use Permit .......here the symbol. IIC"
appears. Uses where the symbol "An appears shall be subject to an Administrative
Review. Uses where t.he symbol "N" appears are not permitted. Uses where the
symbol ~aØ appears are only permitted as an accessory use to a basic permitted
use. Uses where the symbol "A" or "ZA" appear shall be subj eel:. to an
Administrative Design Review/Conditional Use Permit or Variance.
Land Use
Land Use District
BC-l
BC-3
A. Manufacturinq
BC-2
1.
Manufacturing, compounding, assembly
or treatment. of articles or
merchandise from the following
previously prepared ~ypical
materials such as canvas, cello-
phane, cloth, cork, felt, fiber,"
fur, glass, leather, paper (no mil14
ing), precious or semi-precious
stones or-metals, plaster, plastics,
shells, textiles, tobacco, wood,
and yarns; novelty items (not
"including fireworks or other
explosive type items)
C
C
p~
2,
Electrical and related parts¡
electrical appliances, motors
and devices; radio, "television,
phonograph and computers¡ elec-
tronic precision instruments¡
medical and dental instrum~nts;
timing and measuring instruments¡
audio machinery¡ visual mâchinery¡
cosmetics, drugs, perfumes,
toiletries and soap (not including
refining or rendering of fat or oils)
p
C
C
3.
Furnitµre upholstering
C
C
p
4,
Rubber and metal stamp manufac-
turing
c
C
I?
5.
Laboratories; chemical
C
c
C
6.
Laboratories; dental, electrical,
optical, mechanical arid
medical
I?
I?
I?
7.
Bottling plants
I?
I?
p
.
Sf!e Desim Disrricr Ovulav re!!tllarioru in St!CriQrf TV.1 and rv.3
'.
Chop«r!l - Soonon !lJ
E:¡stLoke U SF A Pions
(4/B/03) {1/3l/051
IV-.2
8,
9.
Land Use
Cement products manufacturing
Pharmaceuticals; laboratories and
manufacturing
B. Staraqe and Wholesale Trades
1.
Mini-storage, public storage and
storage warehouses
2.
Maving and storage firms
3,
Building materials and lumber
storage yards and/or contractors'
yards
Building equipment storage, sales,
rentals
Automobile fleet storage
Trailer, truck, or bus terminal
4,
5.
6.
C. Services
1.
Animal hospital or veterinary clinic
and/or office
2.
Automobile and/or truck services
including but not limited to: sales,
rental agencies, body repair, paint-
ing and car washes
3.
Blueprinting and photocopying
Cleaning and dyeing plan~,
4.
5.
Distributors, showroomS and
automobile offices
6. Eating and drinking est~lishments~:
a.
Bars
b. RestauraDts, coffee shops,
delicatessens;
1) With alcoholic beverages
2) Without alcoholic beverages
. See Desirm District OYul(lV ,.~'a.rions in Section TV.2 and TV.3
(4/8/03) 11131105)
nr-3
BC-1
Land Use Distriç~
BC-3
N
p
C
C',.
N
N
C
C
P
N
p
N
p.
C
C
A
BC-2
C
N
p
p
p
N
p
N
C
N
C
C
C
N
N
C
P
p
c
N
p
p
c
c
p
P
c
C
c
C
A
ZA
Chop'''' II - Section IIJ
Eo.stL:1kc [! SPA 1'1=
7.
8,
9.
~O.
~l.
Land Use
c,
Snack bars, take-out only;
refreshment stands within a
building
d.
Fasc food restauran~s with
drive-in or òrive-through
Furniture sales, new and used
(no outdoor sales or display)~
Gasoline dispensing and/or automobile
service station
Kennels
Heliports
Motels, hotels and convention centers
~2.
Newspaper publishing, printing, and
distribut.ion, general printing and ~
lithography
13,
Offices, businesses, medical. pro-
fessional, real estate and research
14.
Retail commercial when in conjunction
with a permitted or conditional use
15.
Commercial recreation facilities
16.
Janitorial services/supplies
17,
Medical facilities, offices, clinics,
convalescent homes, hospitals, group
care, and similar related facilities.
.. See Desi'Z71 District Overlav revIIlations in Section IV) and IV.3
IV-4 '.
(4/8/03) 111311051
12£:.1
Land Use District
BC-3
p
C
BC-2
p
p
c
N
C
C
..C
p
p
p
N
N
N
p
C
N
p
p
C
N
C
N
C
C
C
p
p
p
p
p
p
N
C
N
C
N
C
Chopt"' II - Seotion 11.3
EostLoke II SPA Pions
Land Use
Land Use District
EC-3
EC-l
D,
Hiah~~echnoloav Uses
Research, develo~ment and manufacturing
of advanced techñology products (such as
but not limited to systems, subsystems
çampon~nts, peripherals and acce9sories) I
~nclus~ve of procotype and exper~rnental
products, utilized ~n the fields of
aerospace, avionics, computers, electronics
advanced materials, defense industries, '
communications, energy and environmental
sys;emsi trans~9r~at~o~, telecommupic~tion,
opt~cs/.ase~, ~~beropt~cs, optoelectr~cs,
v~deo, ~mag~ng, ma~et~cs. oceanography,
and other related fields. P
E. Bio-~echnical Uses
Research, development and manu-
facturing of health care, food safety,
nutrition, agricul~ure productivity
and industrial and environmental
improvement ~roducts, inclusive of
prototype ana e~erimental products
~nvolv~ng use of organic, chemical,
and biological processes.
F. Bio-Medical Uses
Research, development and manu-
facturing of organic drug delivery
systems and dia~ostic and therapeutic
products, inclusive of prototYQe and
e~erimental products, utilizec "in the
field of medical care.
G. Public and Semi-Public Uses
L
Day nurseries, day care ~çhools and
nursery schools
Post offices and post office terminals
2.
3 '.
Public utility pumping
equipment build~ng ana
Public utility service
stations,
installation
yards
4.
5,
Educational institutions, libraries,
public or private including vocational
schools
. Se.e De.ri~ Disrricr Overlav r'er!ll.ltztions in Section TV,] and IY.3
(4/8/03) 11131/051
IV~:5
p
p
a£:l
-P
A
A
A
N
c
p
p
p
P
P
A
C
A
C
A
C
ZA
C
c
c
Chop'" II - S.ction ll,3
EostL:1k. II SPA Pl:ms
Land Use
EC-1
Land Use District
~
6.
Clubs and lodges, including YMCA,
and similar youth group uses.
H. Other
1.
Uses determined to be similar and
consistent with the purpose af this chapter. c
-
I. Accessorv Uses
1.
Accessory structures and uses located
on the same lot as permitted or
conditional.use
2
Incidental services for ßmp¡oyees on
a site occupied by a permitted or
conditional use, including day care,
recreational facilities, showers
and locker rooms
3,
Watchman's or caretaker's living
quarters only when incidental to and
on the same site as a permitted or
conditional use
J. TemDorarv Uses
1.
Temporary uses as prescribed in
Section VI.O
. See Desivn Dìsrricr Overluv r!vulariortS in Secrio1T TV.] and W. 3
(4/S/03) (11311051
IV-6
EC-2
N
p
p
A
p
N
ZA
C
C
p
p
p
p
A
ZA
p
C
Chapter ¡¡ - Soction IJ.3
Eastl.o.ke ¡¡ SP A Plans
rv.2 Design District (DD) OV&r~ay Designation - Master Conditiona~ Use Permit
Required
This is an area (as shown on the Land Use District Map) that allows wholesale
and retail sales as well as professional services specifically for home
improvements, home furnishing and home design. Only those land uses specified
in section IV.3 may be permitted subject to the following requirements:
ß.. The approval of Master Conditional Use Permit (CUP) of a master
planned area of no less than ten (10) acres for a Design District
operation. Said CUP shall establish the DO overlay for the area
of land specified therein. Said CUP, herein referred to as the
Master Use Permit (MUP) must be approved by the Planning
Commission.
B. The MUP shall remain in effect until such time as all design
district land uses specified under this section (other than
furniture sales) are no longer located within the buildings,
after which time the owner/applicant may request in writing that
the Master CUP shall become null and void.
C, Prior to meeting criteria (A) above, permitted land uses shall
include all uses listed under the BC-l land use district section
IV. 1 (above).
D. Following approval of a MUP for a Design District only the land
uses listed in section IV.3(E) shall be permitted within the
Design Overlay District:
rv.3 Design District (DD) Overlay designation-restrictions and uses.
Uses permitted within the Design District are subject to the following
additional restrictions:
A. The uses are related to home improvement, home furnishing and
home design such as but not limited to sales showrooms for tile,
appliances, flooring or furniture.
B. The uses shall not include: warehouse retailers. department
stores or "cash and carry" businesses greater than 80,000 square
feet that primarily sell products for cash, usually without
delivery service.
C. Areas dedicated to showroom use shall primarily consist of
di$pl,ay area for products, Accessory items must be incidental to
display or confined to storage areas.
D. Outdoor display areas shall be restricted to those locations and
subj ect to conditions outlined in the Master CUP and subject to
approval of an administrative CUP by the Zoning Administrator.
E. Only the following land uses shall be permitted once the MUP is
obtained:
Chapter II-Section !!.3
EastLake II SPA Plans
1. Manufacturing with showrooms for:
a. doors and windows
b. window covering and furniture upholstery fabrics
c. cabinets, closets and storage systems
d, picture framing
e. patio furniture
f. garage doors and equipment
g. pool and game table manufacturing
h. home gym equipment
i. Playground equipment
j. heating stoves and fireplace and outdoor cooking
equipment
k. pool and spa equipment
2. Wholesale/Retail when in conjunction with distribution and
showroom for:
a. floor covering (stone, tile, hardwood and carpeting)
b. kitchen appliances and fixtures
c. doors, windows and molding
d. window covering and furniture upholstery fabrics
e. cabinets, closets and storage systems
f. picture framing
g. patio furniture
h. garage doors and equipment
i. pool and game table
j. home gym equipment
k. playground equipment
1. heating stoves, fireplaces, outdoor cooking equipment
m. home theater systems and design
n. lamps and lighting
o. paint and wallpaper
3. Furniture Stores shall be allowed by right. There is no
restriction of the amount of retail sales allowed within
these establishments,
4. Eating and drinking establishments wi thin the DD are not
intended to compete with other cornxnercial retail uses in
the area, are meant to serve employees and patroT-ls of the
DD only, and are subject to the following regulations:
a. Establishments within individual suites:
i. Total area for all of such establishments shall
be limited to maximum 8,000 square feet for all
buildings within the DD overlay designation.
ii. A maximum of six freestanding food
establishments may be permitted within the DD
overlay district. An administrative conditional
use permit will be required for each eating and
drinking e~tablishment.
Chapter II -Section! ! ,3
EastLake II SPA Plans
b. Establishments within a primary tenant space:
i. Must be incidental to primary tenant
ii. Exterior' signage must be oriented only towards
the center parking area rather than street or
beyond.
iii. Are allowed by right once the MUP has been
approved
5. Other uses not specified in (1,2,3) above which are listed
as permitted uses under BC-l land use district or are
unique uses not anticipated by these regulations may be
con~idered on a case by case basis either by separate
Zoning Administrator CUP or by the Planning Commission
before incl~sion in the MUP in accordance with Chapter
19.14 of the Chula Vista Municipal Code.
6. Outdoor sales and display: The permanent outside sales and
display of merchandise shall be subj ect to Section
19.58.370(B) of the Chula Vista Municipal Code.
Chapter II-Section!!.3
EastLake II SPA Plans
EXHIBIT C
Land Use Districts
Project
Location
'"
RESIDEHTW.
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~tASTLAKE II
A planned community by The Easllal<e Co.
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M1114105
(4/8/03) (1/311051
v
Chapter II - Section IIJ
EastLake II SPA Plans