HomeMy WebLinkAboutPlanning Comm Reports/1993/06/09 (3)
City Planning Commission
Agenda Item for Meeting of June 9, 1993
Page #1
2.
PUBLIC HEARING:
PCA-93-01 - Consideration of amendment to Title 19 of
the Municipal Code to allow the lien sale of impounded
automobiles (Automobile Auctions) subiect to approval of
a conditional use permit in the I-P (General Industrial-
Precise Plan) Zone - Citv of Chula Vista
A. BACKGROUND
1. Pursuant to the Siroonian Settlement Agreement (Attachment "A"), the applicant
has requested an amendment to Title 19 of the Municipal Code to allow" 'the lien
sale of impounded vehicles' to occur in an I-P (General Industrial-Precise Plan)
designated zone subject to securing a conditional use permit" (Item II.B, page 6
of the Agreement).
2. An Initial Study, IS-93-24, of possible adverse environmental impacts of the
project has been conducted by the Environmental Review Coordinator. The
Environmental Review Coordinator concluded that there would be no significant
environmental effects and recommends that the Negative Declaration be adopted.
B. RECOMMENDATION
1. Based on the Initial Sludy and comments on the Initial Study and Negative
Declaration, find that this project will have no significant environmental impacts
and adopt the Negalive Declaration issued on IS-93-24.
2. Adopt the Resolution recommending that the City Council amend the Municipal
Code as shown in the attached draft City Council Ordinance.
C. DISCUSSION
Siroonian Agreement
The Siroonian Settlement Agreement was executed on November 25, 1992 as an out-of-
court settlemenl resulting from litigation brought about by several property owners in the
vicinity of Energy Way related to the Otay Valley Assessment District and Otay Valley
Road improvements. Among other issues, it allowed for the payment of a $2,500.00 fee
for the processing of this text amendment to Ihe Zoning Ordinance. The City, however,
is not committed to approving any text amendment by the agreement, only to processing
it. Item II.C, Condition Precedent No.1, on page 6 of the Settlement states:
"Condilion Precedent No. I. Initiation of Lien Sale Zone Text Change
Processing. City shall commence, within 20 days of the effective date of this
....."'"
'-~ -I
City Planning Commission
Agenda Item for Meeting of June 9, 1993
Page #2
Agreement, an initial study for the Lien Sale Zone Text Change, which shall be
deemed to be the initiation of the process to accomplish a Lien Sale Zone Text
Change. Nothing herein contractually commits the City to implement the Lien
Sale Zone Text Change." [emphasis added].
The specific parcels in question are located at 855 and 850 Energy Way, the place of
business of A-Z Metro Towing (APNs 644-182-03 and 644-182-10).
Application Under 1-P Zoning
It should be noted that this text amendment would be applied City-wide and not just in
a Redevelopment Area, and an applicant with an automobile impound yard in the I-P
zone could apply for a conditional use permit for the lien sale of impounded automobiles
by auction if the text amendment is approved.
Attachment "B" consists of a map showing the property in Chula Vista with I-P zoning.
As can be seen, there is very little territory involved and all of it is in the Otay Valley
Road area.
The Agreement and application state that the zoning must be "I-P," General Industrial
with the Precise Plan modifying district applied. This means that besides the provisions
of Chapter 19.46 I "General Industrial" Zone being applied, the provisions of Chapter
19.56 "Modifying Districts" must also be applied.
The "P" modifier provides the flexibility to customize a proposed development to its site.
This is desirable, especially given the potential traffic, parking and aesthetic impacts that
could result from such uses. Any application for the subject use which included site
improvements, would therefore require approval by the Design Review Committee prior
to, and in addition to, the conditional use permit.
Parking for this type of use is not specifically addressed in Chapter 19.62 of Ihe Zoning
Ordinance. If this were an unclassified use, the "NOTE" at Ihe end of Section 19.62.050
allows the Planning Commission to establish the parking ratio based on a similar use.
This section states:
NOTE: In Ihe case of any building, structure or premises, the use of which is
not specifically mentioned herein, the provisions for a use which is mentioned and
to which said use is similar, in the opinion of the commission, shall apply.
:\HOME\PLANNING\MARTlN\A UTOAUCT\9301 PC.RPT
.>1. ,:7
City Planning Commission
Agenda Item for Meeting of June 9, 1993
Page #3
However, because subject use is being defined, a parking ratio is being recommended.
This ratio is the result staff surveys other cities in the County or the review of their
zoning ordinances. Specifically, the Cities of EI Cajon, Oceanside, Escondido, Vista,
Lemon Grove and Santee were contacted, while the zoning ordinances of the Cities of
San Diego, National City and the County were evaluated, in order to ascertain their
requirements for auto auctions. In all cases, except for Ihe City of Oceanside, there was
no specific requirement and the parking ratio would be based on either the parking
requirement for the sale of cars, or a special study would be required of the applicant.
In the case of Oceanside, their code requirement is 1 parking space per 1,000 square feet
of lot area. However, as recent as November, 1991, Oceanside granted a variance for
an automobile auction with a parking ratio of one parking space for customers and
employees per 6 spaces of automobile storage capacity. In this case, the auto auctioneer
wanted to move to a larger site. That business catered to only automobile dealers and
the number of people who attend the auctions and the number of employees was known.
Because of this, the findings for the variance could be made.
Given that the subject use can be open to the public, staff is recommending that the ratio
of 1 parking space per 1,000 square feet of net lot area be the minimum requirement for
parking for the lien sale of impounded automobiles by auction. This will allow a potential
auctioneer to develop the site appropriately to the constraints. For purposes of this lext
amendment, "net lot area" means the area of the parcel exclusive of setbacks, slopes,
easements, required right-of-way dedication or other constraints which would preclude
use of the land. It is, in effect, the usable area of the parcel.
Other Municipal Code requirements such as landscaping, screening, etc. would be
applicable to any proposed project for the lien sale by auction of impounded automobiles.
In addition, the text amendmenl specifies requirements related to the frequency of
auctions, hours of operation, noise, enclosed buildings, olher uses on the same site, and
pavmg.
With regard to A to Z Metro Towing, a Special Land Use Permil was approved as part
of the Siroonian Agreement. As a result, the requirements created as part of this text
amendment will not apply to the Wineteer/Turecek property (see Attachment "C").
Present Policv on Automobile Auctions
At present, auto auctions are treated as a form of used car sales, which is not a permitted
or conditionally permitted use in the I (General Industrial) Zone. The Municipal Code
is interpreted this way because there is no distinction made between "used" car sales and
:\HOME\PLANNING\MARTIN\A UTOAUCT\9301 PC .RPT
d-3
City Planning Commission
Agenda Item for Meeting of June 9, 1993
Page #4
automobile auctions, and auto auctioneers deal almost exclusively with used cars. This
is inadequate for auto auctions because such uses, which usually occur at specified
intervals and not on a daily basis, can attract hundreds of people to one event, as
opposed to the traditional car lot where generally only a few people browse at their
leisure.
Auto auctions (used car sales) are, however, pennitted in the C-T (Thoroughfare
Commercial) Zone by CUP, or in the I-L (Limited Industrial) Zone if it is accessory to
the sale of new automobiles. This could prove problematic, since the C-T Zone is
generally applied to smaller properties on commercial thoroughfares, and since, in both
the C-T and I-L Zones the criteria for automobile sales facilities (Section 19.58.070)
provides for off street parking equal to one-tenth of the car storage capacity.
If Ihe provisions listed in the draft City Council Ordinance are adopted, automobile
auctions would be limited to the lien sale by auction of impounded automobiles and
would be allowed only in the I-P Zone if the project meets these provisions, and with the
approval of a conditional use pennit. They would have to meet all of the criteria listed
in the draft ordinance. Larger, non-lien sale auto auctions, would still be permissible in
the C-T zone, subject to a CUP, or in the I-L Zone as an accessory to new car sales, ,\S
discussed above
Options
Focusing on the lien sale by auction of impounded rather than on auto auctions in
general, staff considered two options. These are:
OPTION 1 - List automobile auctions as a PERMITTED use in the I (General
Industrial) Zone. Although it is believed that the lien sale of impounded automobiles
can be accommodated in the I Zone, this option was not chosen because if the use were
permitted without discretionary approvals, the parking and congestion problems and
aesthetic issues would not be adequately addressed. Staff does not recommend this
option.
OPTION 2 - List automobile auctions as a CONDITIONAL USE in the "I" (General
Industrial) Zone with a "P" (Precise Plan) designator (I-P). Option 3 is the
recommended option. It allows for the application of a conditional use pennit and
outlines criteria for the establishment of an auction for impounded automobiles.
Several sections of Ihe Zoning Ordinance would have to be amended as shown in the
draft City Council Ordinance in order to accommodate this new conditional use.
"\HOME\PLANNING\MARTIN\A UTOA UCT\9301PC .RPT
'O? ,(/
City Planning Commission
Agenda Item for Meeting of June 9, 1993
Page #5
Specifically, sections will be inserted in Chapter 19.04, "Definitions," defining
"Automobiles, Lien Sale by Auction of Impounded" and "Automobile Impound Yard;"
the use would be listed in Section 19.46.040, as a conditional use in an "I" zoning
district; and Chapter 19.58, "Uses," would be amended to exclude the wording for
customer off-street parking in Section 19.58.070, and include the lien sale of impounded
automobiles and the criteria for establishing subject use as Section 19.58.075; and
Section 19.62.050, Parking Requirements, would be amended to include the lien sale of
impounded automobiles and revise other automobile-related parking ratios.
Recommendation
Option 2 is recommended because the subject use is consistent with the operation of an
automobile impound yard and is not inconsistent with other general industrial activities
allowed in the I Zone.
It is, therefore, staff's opinion that it should be permitted as a conditional use in the I-P
(General Industrial-Precise Plan) Zone, subject to approval by the Planning Commission,
and to the development standards as outlined in Chapter 19.56, "Modifying Districts,"
and the provisions of the draft City Council Ordinance.
:\HOME\PLANNING\MARTIN\A UTOA UCT\9301 PC ,RPT
'J_ c
o .--:>
SETTLEKE~ AGREEKENT
This Settlement Agreement ("Agreement") is dated as of
November 25, 1992 and is effective as of the date last executed
by the parties, by and between, on the one hand, THE CITY OF
CHULA VISTA, a municipal corporation; ("THE CITY"); the
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ("Agency"); and,
on the other hand, CHARLES B. SIROONIAN, an individual, LINDA L.
MANDEL, an individual, CHARLES D. PRATTY II, an individual, LOUIS
P. PRATTY, an individual, CAROLINE A. PRATTY, an individual, OTAY
INDUSTRIAL PARK, a California general partnership, KARL TURECEK
and CHARLES TURECEK, general partners of OTAY INDUSTRIAL PARK;
and ECOLOGY AUTO WRECKING, a California corporation, ("Plain-
tiffs") with reference to the following:
I. RECITALS
1. Plaintiffs warrant and represent to the City that they
have the interest in certain properties within the City of Chula
Vista described as follows:
a. North Parcels, AD Parcels 72 and 73.
CHARLES B. SIROONIAN, LINDA L. MANDEL, CHARLES D.
PRATTY II, LOUIS P. PRATTY, and CAROLINE A. PRATTY
(herein, "Individual Plaintiffs") now own and have
at all times relevant herein owned as tenants in
common that certain property known as Lots 12 and
13 of Otay Industrial Park according to Map
thereof 8147, filed in the office of the County
Recorder of San Diego County, July 18, 1975. Such
property is Assessor's Parcel Nos. 644-182-01 and
02 and its street address is 825 Energy Way, Chula
Vista, California. By the assessment proceeding
identified herein below THE CITY purported to
establish Otay Valley Road Assessment District No.
90-2 ("AD 90-2") wherein Lot 12 is identified as
Assessment No. 72 and Lot 13 is identified as
Assessment No. 73. (Herein, "Parcels 72 and 73";
or "the North Parcels.")
b. South Parcels, AD Parcels 80 and 81.
ECOLOGY AUTO WRECKING is and has at all times
relevant herein been the lessee under the Lease
Agreement of February 1, 1988 with Lessor, OTAY
INDUSTRIAL PARK, of that certain property identi-
'fied as Lots 21 and 22 of the Otay Industrial Park
according to Map thereof 8147, filed in the office
of the County Recorder of San Diego County, July
18, 1975. Such property is Assessor's Parcel Nos.
644-182-11 and 644-182-12 and its street address
is 820-834 Energy Way, Chula Vista, California.
OTAY INDUSTRIAL PARK is now and has at all times
relevant herein been a California general
partnership whose general partners are
Petitioners/Plaintiffs KARL TURECEK and CHARLES
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 1 Page 1
.~)~. cr'
ATTACHMENT "A"
TURECEK. (Herein, jointly "OTAY.") OTAY is now
and has at all times herein been the owner of Lots
21 and 22. By AD 90-2, THE CITY purported to
establish an assessment district wherein Lot 21 is
identified as Assessment No. 80 and Lot 22 is
identified as Assessment No. 81. (Herein,
"Parcels 80 and 81"; or "the South Parcels.")
c. East Parcels, AD Parcels 74 and 79.
OTAY now owns and has at all times relevant herein
owned that certain property known as Lots 14 and
20 of the Otay Industrial Park. Such property is
Assessor's Parcel Nos. 644-182-03 and 644-182-10
and its street address is 855 and 850 Energy Way,
Chula Vista, California. By AD 90-2 THE CITY
purported to establish an assessment district
wherein Lot 14 is identified as Assessment No. 74
and Lot 20 is identified as Assessment No. 79.
(Herein, "Parcels 74 and 79"; or "the East
Parcels".)
2. Current Entitlements.
The land use designation of the above-described 6 lots under
the Chula vista General Plan is "Research and Limited Manufactur-
ing," and the designation of such lots under the Otay Valley Road
Redevelopment Plan, is "Limited Industrial/Research". Consistent
with such plans, the zoning classification of such properties is
"IP-General Industrial Precise Plan." Appropriate permits con-
sistent with these zoning and land use designations have been
issued, and development on the properties has proceeded consis-
tent with those permits. Specifically, Parcels 72 and 73, Par-
cels 74 and 79, and Parcels 80 and 81 have been dedicated to and
improved with the uses authorized and permitted by Conditional
Use Permit #PCC-73-27 ("C.U.P.") The C.U.P. was effective
December 12, 1973 and continued by its terms to July 1, 1986.
3. Formation of Assessment District 90-2: Julv 23 Meetinq.
On or about July 23, 1991, THE CITY, through its City
Council, adopted the following Resolutions in furtherance of
formation of AD 90-2:
(a) Resolution 16274 making appointments in Assessment
District ND. 90-2 (otay Valley Road).
(b) Resolution 16275 Adopting a map showing the proposed
boundaries of Assessment District No. 90-2 (otay Valley
Road) .
(c) Resolution 16276 Approving a proposed resolution of
intention and requesting consent and jurisdiction for
Assessment District 90-2 (O~ay Valley Road).
4. Formation of AD 90-2: ADril 21 Meetinq.
On or about April 21, 1992, THE CITY, through its city
Council, adopted the following resolutions in furtherance of
formation of AD 90-2:
(a) Resolution 16599 of the City Council of the City of
siroon9.wp Settlement Agreement re Otay Valley Road widening
November 25, 1992 2 Page 2
J7
Chula Vista certifying the Final Enviro.mental Impact
Report and Addendum thereto on the otay Valley Road
Widening Project (EIR 89-01), SCH #89083004.
(b) Resolution 16600 of the City council of the City of
Chula Vista adopting map showing amended boundaries of
Assessment District No. 90-2 (Otay Valley Road).
(c) Resolution 16601 of the City council of the city of
Chula vista declaring intention to order the
installation of certain improvements in a proposed
assessment district; declaring the work to be of more
than local or ordinary benefit; describing the district
to be assessed to pay the costs and expenses thereof;
and providing for the issuance of bonds for Assessment
District No. 90-2 (Otay Valley Road).
(d) Resolution 16602 of the City council of the City of
Chula Vista passing on the "report" of the Engineer,
giving preliminary approval, and setting a time and
place for the public hearing in Assessment District No.
90-2 (Otay Valley Road).
5. Formation of AD 90-2: June 23 Meetinq.
On or about June 23, 1992, THE CITY, through its City
Council, formed and established AD 90-2 upon the adoption of the
following resolutions:
(a) Resolution 16639 Approving agreement for execution in
Assessment District No. 90-2 (Otay Valley Road) and
authorizing the Mayor to sign said agreements.
(b) Resolution 16641 Ordering certain changes and
modifications to the Engineer's Report in Assessment
District No. 90-2 (Otay Valley Road).
(c) Resolution 16642 Overruling and denying protests and
making certain finding in Assessment District No. 90-2
(Otay Valley Road).
(d) Resolution 16643 Confirming the assessment, ordering
the improvements made, together with appurtenances,
approving the Engineer's Report, making CEQA findings,
and adopting a statement of Overriding Considerations
and a Mitigation Monitoring Plan regarding Assessment
District No. 90-2 (otay Valley Road).
6. Environmental Findinqs.
Resolution Nos. 16599 and 16643 purport to set forth and
contain the findings and determinations required by the
California Environmental Quality Act ("CEQA" [S 21000 et seq. of
the Pub. Res. Code]) and by the Guidelines for Implementation of
CEQA (14 Cal. Code of Regulations, S 15000, et seq.), based upon
the Final Environmental Impact Report and the Addendum thereto.
(Herein, "the EIR.")
7. Claims in Litiqation.
On or about July 22, 1992, Plaintiffs instituted Case No.
654274 in the Superior Court of the State of California by filing
their petition and complaint. (Herein, "the Action.") Plaintiffs
siroon9.wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 3 Page 3
~- S
by the Action allege, among other things, that THE CITY i..
adopting the foregoing resolutions and in certifying the adequacy
of the EIR proceeded without or in excess of jurisdiction; failed
to provide Plaintiffs a fair hearing; and abused its discretion.
Based thereon, Plaintiffs seek issuance of a peremptory writ of
administrative/traditional mandamus directing THE CITY to set
aside and revoke the foregoing resolutions and the certification
of the adequacy of the EIR; seek a declaration that the foregoing
resolutions and EIR are illegal, invalid and void; and seek other
relief. THE CITY claims and contends that the foregoing
resolutions and the EIR and each and everyone of them are valid,
enforceable and consistent with all legal requirements, and that
Plaintiffs are entitled to no relief.
8. Settlement Not An Admission of Liabilitv.
The parties by this settlement do not admit or acknowledge
that the position of the other is correct, but enter into this
settlement for the purpose of minimizing their risk; avoiding
expensive and protracted litigation; and for the other purposes
identified herein.
9. Assessment Imposed on Affected Parcels.
THE CITY has determined that the net assessable square
footage, credits allocated to and final confirmed assessment
levied against each of the Parcels is as follows:
Assess- Net Assess- Slope Credit Improvement
ment No. able Acreaqe Credit
5.15 $ -0-
5.21 -0-
5.19 18,949
5.30 28,096
4.24 -0-
3.74 -0-
10. General Intent of Aqreement
By the foregoing resolutions identified in Recitals 3, 4 and
5 hereto, THE CITY determined to and did levy assessments on all
properties within AD 90-2 at the rate of approximately $.4652 per
net assessable square foot. The parties have agreed that, in
settlement of the Action, the Final Confirmed Assessments for the
affected parcels specified in Recital 9 hereto shall be partially
prepaid from the proceeds of loans made by the City to the
Plaintiffs pursuant to the provisions of this Agreement so that
the remaining unpaid assessments against such affected parcels
following such prepayment shall be approximately $0.275 per net
assessable square foot. The parties have further agreed that
such loans shall be repaid in accordance with the terms and
provisions of this Agreement.
11. city Representations Regardinq Basis for Calculation
for Assessment.
THE CITY represents and warrants that the following figures
calculated by THE CITY set forth in subparagraph (e) below truly
72
73
74
79
80
81
$
8,028
8,122
8,090
8,262
6,610
5,830
Final Con-
firmed
Assessment
$ 96,323
97,445
78,123
71,032
79,303
69,951
siroon9.wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 4 Page 4
') c'
~ ~
and correctly reflect the following as to each Assessment Parcel:
(a) the Final Confirmed Assessment is calculated by
multiplying the assessment rate of $0.4652 per net
assessable square foot by the total net assessable
square footage of each of the Assessment Parcels and
deducting slope and improvement credits therefrom;
(b) the Unpaid Assessment is calculated by multiplying
the assessment rate of $0.275 per net assessable square
foot times the total net assessable square footage of
each Assessment Parcel without further reduction due to
slope or improvement credits;
(c) the Assessment Prepayment was calculated by
deducting the Unpaid Assessment from the Final
Confirmed Assessment; and,
(d) the Prepayment Amount, i.e., the amount of the loan
proceeds applicable to each respective parcel, was
calculated by deducting from the Assessment Prepayment
the financing costs which would otherwise have been
attributable to the Assessment Prepayment had bonds
been issued to represent such remainder;
(e) Specifically, the following applies:
Assess- Final Con- Unpaid Assessment Prepayment
ment No. firmed Ass- Assessment Prepayment Amount
essment
72 $96,323.00 $61,691. 85 $34,631.15 $33,101. 34
73 $97,445.00 62,410.59 $35.034.41 $33.486.80
Total North Parcels: $69,665.56 $66,588.14
80 $79,303.00 50,790.96 $28,512.04 $27,252.54
81 $69,951.00 44,801.46 $25,149.54 $24.038.58
Total South Parcels: $53,661.58 $51. 291.12
74 $78,123.00 $62,171.01 $15,951.99 $15,247.33
79 $71,032.00 63,488.70 7.543.30 $ 7.210.16
Total East Parcels: $23,495.29 $22.457.49
12. Existinq Litiqation and Applicable Statutes of
Limitations.
The parties hereto understand and believe that (1) the
Action is the only pending litigation in which the resolutions
identified in Recitals 3, 4 and 5 hereto, and the EIR, and any of
them, are challenged; and (2) that applicable statutes of
limitation have expired and preclude the commencement of any such
siroon9.wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 5 Page 5
<<-Ie"
action, except as provided in Paragraph J, infra.
13. Attornev Fees and Other Costs Incurred bv Ecoloav.
THE CITY has been provided with appropriate invoices,
billings, and all other appropriate documentation and has
satisfied itself that ECOLOGY AUTO WRECKING has paid in excess of
THIRTY TWO THOUSAND FIVE HUNDRED DOLLARS ($32,500) for attorneys'
fees, expert fees and consulting fees. Those fees were incurred
for (1) presentations made for and on behalf of ECOLOGY at the
administrative level when the foregoing resolutions were before
the City Council of the City of Chula vista for its review and
consideration; and (2) this litigation.
II. CONDITIONS PRECEDENT
NOW, THEREFORE, the parties irrevocably agree that if the
duties of Plaintiffs are performed as set forth in subparagraph
II.A, and the condition precedent set forth in subparagraph II.B.
occurs as therein stated, the rights and duties set forth in the
subsequent section III. ("Obligatory Provisions") shall be in
full force and effect; otherwise, they shall be of no force and
effect whatsoever.
A. Plaintiffs, who have made application for Special
Permits from the Agency permitting uses specified below on the
Lots, and will, within 5 days, amend such application to request
a Special Permit for Lien Sale of Impounded Vehicles to be
effective if and when the City's Zoning Code is amended to allow
said use by Special Permit, agree to diligently prosecute said
applications, and Agency will, to the best of its efforts, cause
the expeditious processing of same.
B. Plaintiff Turecek will deliver to the City the sum of
$2,500.00 to be applied to a portion of staff processing costs,
and therefrom permit the City to pay the City's total costs for
processing a zone text change to permit a land use, to wit: "the
lien sale of impounded vehicles", to occur in an I-P designated
zone subject to securing a conditional use/special permit ("Lien
Sale Zone Text Change"). All costs for processing the Lien Sale
Zone Text Change in excess of $2,500.00 shall be borne by the
City, including, but not limited to, staff time, outside
consultants, environmental reports and any other such expense.
Nothing herein shall commit the City to incur litigation costs
regarding the Lien Sale Zone Text Change.
C. without constituting a covenant to cause same to happen,
the condition precedents ("Condition Precedents") to the
effectiveness of the Obligatory provisions shall be as follows:
Condition Precedent No.1. Initiation of Lien Sale
Zone Text Change Processing. city shall commence,
within 20 days of the effective date of this Agreement,
an initial study for the Lien Sale Zone Text Change,
which shall be deemed to be the initiation of the
process to accomplish a Lien Sale Zone Text Change.
Nothing herein contractually commits the City to
siroon9.wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 6 Page 6
c:r. / /
implement the Lien Sale Zone Text change.
Condition Precedent No.2. Existing Entitlement
Special Permits are Granted. The Agency shall, within
20 days after the effective date of this Agreement,
grant Plaintiffs Special Permj.ts ("Existing Zoning
Special Permits") covering the Lots listed below in
this subparagraph II C.2.(1) through (3) and for the
uses indicated for those Lots in that listing, for the
terms indicated therein and on conditions no more
onerous than those set forth in section II.C.2.a.
(1) Lots 12, 13, 21 and 22 for (1) auto-
dismantling ,and sales of auto parts uses, and
(2) scrap metal collection, compaction,
cutting, shredding in preparation for the
scrap market; and other related uses, for a
term not less than 13 years;
(2) Lot 14 for (1) storage, maintenance and
repair of heavy equipment; (2) support
equipment and vehicles requisite to general
contracting; (3) storage and distribution of
fuel; (4) general contractor's offices, shops
and related storage of parts, tools,
machinery, etc.; (4) processing of
construction site residue for reuse,
recycling, or sale; and related uses, for a
term not less than 13 years;
(3) Lot 20 for impound, storage and
dismantling of automobiles, general offices
and storage of records and related uses for a
term of not less than 13 years;
a. Conditions Attached to Existing Zoning Special
Permits. The Conditions Precedent will be deemed
to have been met if the Special Permits above
mentioned are issued on conditions no more onerous
than the following:
(1) Plans shall be submitted in an accepta-
ble form to the city within three (3) months
after the Special Permit has been approved
for review to the otay Valley Road Project
Area Committee and for approval by the Agency
indicating code-required off-street parking;
landscape planting/irrigation; fencing and
other appropriate comparable-cost screening
measures to ameliorate adverse visual
siroon9.wp settlement Agreement re otay Valley Road Widening
November 25, 1992 7 Page 7
.;?,' / C(
impacts. The plans shall be prepared by a
Registered Landscape Architect. Plans
approved by the City shall be implemented by
the Permittee ("Plans"). Such Plans shall be
implemented within eighteen (lB) months of
their approval by the city.
(2) The Special Permits shall become void
and ineffective if not utilized within one
year from effective date thereof, in
accordance with Section 19.14.260 of the
municipal code. Failure to comply with any
condition of approval shall cause this permit
to be reviewed by the city for additional
conditions or revocation.
(3) Should such final Special Permits issue,
any failure by the permittee under any
special Permit to fulfill any condition or to
proceed thereunder, or otherwise violate
same, such failure or violation shall not
affect the validity of any other Final
Special Permit.
Condition Precedent No.3. Future Zoning Special
Permits are Granted.
If the Plaintiff who is the owner of Lot 20 ("Lot 20
Plaintiff") amends his pending Special Permit
application in a manner and form reasonably acceptable
to the city in 5 days after the effective date of this
Agreement to request a Special Permit for Lien Sale of
Impounded Vehicles on the condition that, and not
effective until, the zoning code is amended to allow
said use by Special Permit in an IP Zone ("Lien Sales
Special Permit"), an additional Condition Precedent
(i.e., Condition Precedent No.3) is as follows: The
Agency shall, within 20 days after the effective date
of this Agreement, grant Lot 20 Plaintiff a prospective
Lien Sales Special Permit covering the Lot 20, to be
effective if the City eventually adopts the Lien Sale
Zone Text Change, which Lien Sales Special Permit will
permit the use of said Lot 20 for lien sales of
impounded vehicles for a term of 13 years on conditions
no more onerous than those set forth above as
conditions for Existing Zoning Special Permits.
D. Rules Interpretina the Occurrence of a Condition
Precedent.
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 8 Page 8
d?-- /3
1. The issuance of the Special Permits shall be final
for purposes of completing the Condition Precedent in this Sub-
paragraph II.B. upon the expiration of any period for requesting
reconsideration of the decision to issue such Special Permits
under the ordinance and codes of the City or the Agency. Should
the city have the power, the City may waive any reconsideration
period that may exist by so stating in any resolution issuing
such special Permits, and upon so doing, the Special Permit shall
be deemed final when the resolution is effective.
2. If such uses or any of them do not require a
Special Permit because they are now permitted as of right by
virtue of the zone in which the Lots are currently located, then
the City and the Agency shall issue a letter stating such uses
are permitted as of right and do not require a Special Permit or
any other permit.
3. All Plaintiffs will be deemed to have accepted
more onerous conditions if they fail to deliver written notice of
objection to same within 15 days after final imposition of same.
Upon such acceptance, the Conditions Precedent will be deemed to
have been met.
4. If the Conditions Precedent do not occur within the
time provided, but do occur prior to delivery to the City by any
of the Plaintiffs of a written renunciation of the Agreement on
the basis that the Conditions Precedent did not occur within the
time frames stated, the Plaintiffs waive the right to thereafter
declare that the Conditions Precedent did not occur, and the
Conditions Precedent will be deemed to have timely occurred.
III. OBLIGATORY PROVISIONS
NOW, THEREFORE, for and in consideration of performance by
the parties of the resp~ctive promises made herein, and on the
occurrence of the Conditions Precedent hereinabove set forth in
section II., the parties agree and promise as follows:
A. Recitals Included.
The foregoing Recitals are incorporated herein and are
agreed to, confirmed and ratified and constitute a part of this
Agreement.
B. Omitted.
c. city Dutv to Make Loans.
Upon receipt of title insurance in the amount of the loans,
determination of a loan (as fully subordinated) to value ratio of
less than or equal to 80%, and receipt of an "additional insured"
endorsement on the Plaintiff's property insurance, THE CITY will
make two loans as follows: one loan to CHARLES B. SIROONIAN,
LINDA L. MANDEL, CHARLES D. PRATTY II, LOUIS P. PRATTY, and
CAROLINE A. PRATTY in the principal amount of $66,588.14 to be
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 9 Page 9
,.(. /~/
eV:ldenced by a note secured by deed of trust ("Note") and secured
by a Trust Deed recorded against Lots 12 and 13; and one loan to
OTAY INDUSTRIAL PARK in the principal amount of $73,748.61 to be
evidenced by a note secured by a deed of trust ("Note") and
secured by a Trust Deed recorded against Lots 21 and 22.
Immediately upon making the loans referred to hereinabove, THE
CITY shall transfer the proceeds of the loans to the Improvement
Fund of AD 90-2 and shall credit such amounts as cash payments
against the Final Confirmed Assessment on each of the respective
Assessment Nos. 72, 73, 80, 81, 74 and 79. As a result of
applying the proceeds of the loans to the Prepayment Amount, the
Unpaid Assessment shall be the amount of the remaining unpaid
assessment levied against each of the respective parcels pursuant
to AD 90-2.
D. Plaintiff's Dutv Not to Contest Formation of Assessment
District.
Plaintiffs, and each and everyone of them, will not con-
test or dispute the formation of AD 90-2, or the City's authority
to form same, or any alleged defects in the City's attempt to
form same, including alleged defects or omissions in the
environmental review or the assessment district proceedings, the
levy and collection of an assessment in the amount of the Unpaid
Assessment or the issuance of bonds for the assessment district
representing the unpaid assessments, including the Unpaid
Assessments, on properties within AD 90-2. The "cash paydown
period", which is the period of time an assessed parcel owner has
within which to paydown an assessment without charge for
financing costs, shall be extended until 15 days after the
effective date of this agreement, during which time the
Plaintiffs shall have the option to payoff all or a portion of
the Unpaid Assessment at the "cash paydown price" (i.e., at or
about .9558 of the Unpaid Assessment amount) or, thereafter, to
make annual payments on said Unpaid Assessment calculated in the
same manner as is applicable to all other parcels within AD 90-2,
or to payoff all or any portion of the then remaining balance of
the Unpaid Assessment during the term of the assessment period in
the same manner as is applicable to all parcels within AD 90-2.
The actual annual payment required will depend, in part on the
interest rates at which the bonds are sold which rates cannot now
be determined.
E. Form and Contents of Notes.
The two Notes shall have the form and content of the Notes
attached hereto as Exhibit A, (Herein, "the Notes.") but if not
attached, each of the promissory notes shall contain customary
and usual provisions and, in addition, shall provide as follows:
a. Payment will commence, only at such time as a
building or other development permit, or permits,
as identified below is, or are, issued on any of
the parcels which are the security for that Note,
(i.e., on Parcel 72 or Parcel 73 for the North
siroon9.wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 10 Page 10
'). L--'
.~ /.-.:.~
Parcels Note; and on Parcels 80, 81, 74 or 79 for
the South and East Parcels Note), but not later
than December 31, 2017. Issuance of a building
permit will trigger the commencement of the
repayment obligation only if the City's Director
of Building reasonably d~termines that the value
of the authorized construction under such permit
exceeds $500,000; or reasonably determines that
the value of all improvements permitted since the
effective date of this Agreement exceeds
$1,000,000.00, whichever occurs sooner ("Repayment
Trigger"), except that any construction activity
needed to specifically satisfy conditions of
renewal or issuance of a final Special Permit
shall not be applicable toward calculating the
Repayment Trigger.
b. No Note shall bear interest.
c. If the Due Date (December 31, 2017) occurs before
the Repayment Trigger occurs, then the Note is due
and payable in full on the Due Date. Otherwise,
commencing on the first day of the next succeeding
month after the date on which the Repayment
Trigger occurs, the Note shall be payable in equal
monthly installments in an amount that will result
in the complete satisfaction of the Note by the
Due Date, or 10 years, whichever is less. If the
payment commencement date is more than ten (10)
years before the Due Date, then the Note shall
have a term of ten (10) years.
d. It is the intention of the parties that the
Plaintiffs not be personally liable on the
promissory notes but that the land will act as the
security for their repayment.
F. Trust Deeds; Number: Securitv: Subordination.
Each Note will be -secured by a Deed of Trust. The North
Parcels Note will be secured by a Deed of Trust on Parcels 72 and
73, and the South and East Parcels Note will be secured by a Deed
of Trust on Parcels 80 and 81, but repayment of the Note that is
secured by Parcels 80 and 81 will commence if the Repayment
Trigger occurs as to anyone or more of Parcels 74, 79, 80 and
81. The Deeds of Trust shall be subordinate to any future deed
of trust to secure a loan ("New Note") from a lender ("Lender")
provided (a) the proceeds of the New Note shall be used first to
pay in full any other loans secured by the property, any
mechanic's liens or other charges levied or leviable against the
property because of any improvements made to the property by
Trustor, and any trust deeds securing any other such loans, liens
or other charges shall be reconveyed to the property owner as to
any property for which the City Deed of Trust is security; (b)
the total amount of the New Note shall not exceed eighty percent
siroon9.wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 11 Page 11
.;; .. I r;~
(80%) of the value, as determined by the Lender making the New
Note, of the property as improved by Trustor or his or her
successor in interest; (c) the New Note shall not bear interest,
exclusive of late charges, penalties, or fees payable in case of
default, greater than fifteen (15%) per annum; and (d) the
remaining terms and provisions of the New Note shall be as
required by the Lender.
Within ten days after receipt of a written request therefor
from Trustor and proof of the aforementioned conditions having
been met, City/Beneficiary shall execute a separate agreement of
subordination, in recordable form, in favor of the lender of the
New Note to which the City Deed of Trust will be thereby
subordinated, and deliver the subordination agreement to the
Lender or Lender's title company designated by Trustor. The
terms of any such subordination agreement shall prevail over the
subordination provisions provided in the City Deed of Trust or
this agreement.
G. Specified Contents of Trust Deeds.
The City Deeds of Trust will be executed in favor of
THE CITY and will contain the following:
(a) At the top of each city Deed
of Trust the word "subordinated"
must appear in at least 10-point
bold face type unless it is
typewritten, and if it is
typewritten the term must appear in
capital letters and must be
underlined. civil Code section
2953.2(a) .
(b) Immediately following the word
"subordinated", the type of the
security instrument must be
identified--to wit, a Trust Deed.
(c) Immediately below the above
information, the statutory notice
must appear in capital letters if
typewritten and at least in 8-point
bold-face type as follows:
"NOTICE: THIS DEED OF TRUST
CONTAINS A SUBORDINATION CLAUSE
WHICH MAY RESULT IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AND OF LOWER PRIORITY
THAN THE LIEN OF SOME OTHER OR
LATER SECURITY INSTRUMENT."
(d) The following notice must
appear directly above the signature
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 12 Page 12
,-;>. /Ij
of the beneficiary, and the notice
must be in at least a-point bold
face type and, if typed, must be in
capital letters:
"NOTICE: THIS DEED OF TRUST
CONTAINS A SUBORDINATION CLAUSE
WHICH ALLOWS THE PERSON OBLIGATED
ON YOUR REAL PROPERTY SECURITY
INSTRUMENT TO OBTAIN A LOAN, A
PORTION OF WHICH MAY BE EXPENDED
FOR OTHER PURPOSES THAN IMPROVEMENT
OF THE LAND."
(e) The language reflecting the agreement of the
parties as contained in paragraph III.F. above.
H. PaYment of Plaintiffs Attornev's Fees.
THE CITY agrees to pay within thirty (30) days after the
effective date of this Agreement a total of $32,500 to ECOLOGY
WRECKING YARD for attorneys' fees, expert fees and consultant
fees incurred by it to date. Otherwise, the parties, and each
and everyone of them, will bear their own costs, including but
not limited to, attorneys' fees, expert fees and consultant fees.
I. Dismissal of Action.
Upon the occurrence of the Conditions Precedent, Plaintiffs,
and each and everyone of them, agree to dismiss the Action in
its entirety without prejudice which designation (Le., "without
prejudice") shall not be construed as inconsistent with the
provisions of this Agreement. However, should the Action, or any
cause of action pleaded in the Action, or any cause of action
which could have been pleaded based on the same set of facts
alleged in the Action be commenced under circumstances not
authorized by this Agreement, City may tender the release
contained herein and otherwise available statute of limitations
as a complete defense in support of a motion for dismissal.
J. Set Aside of Aqreement on Successful Collateral Attack
on Aqreement.
Should a third party commence an action or proceeding
challenging this Agreement, or any part of it, THE CITY agrees to
defend vigorously such action or proceeding at its own individual
cost and expense but with the vigorous cooperation of Plaintiffs,
and each of them. The pendency of such an action or proceeding
shall not, by itself, cause the delay or postponement of the
implementation and the performance by the parties of their
executory obligations as provided herein. In the event that
injunctive, declaratory or writ relief is ordered restraining and
enjoining THE CITY from giving effect to this Agreement or
determining by a final judgment that this Agreement is
unenforceable and/or invalid, the parties hereto agree that the
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 13 Page 13
'\ ( -/
~->J/ ,. J (5.
Action may be recommenced in its entirety upon return of all
consideration for this Agreement to the parties, but Plaintiffs'
remedy, jointly or individually, if successful, will be limited
to damages and in an amount not in excess of the then present
value of the remaining amount of the assessment against each of
their respective parcels, and attorney fees and costs may be
awarded to the prevailing party. Specifically, Plaintiffs,
either jointly or individually, shall not be entitled to injunc-
tive, declaratory or any other form of equitable or other relief
whatsoever the effect of which would, directly or indirectly,
invalidate or have the effect of invalidating any or all of the
following, or any combination thereof: the proceedings to form
AD 90-2, the levy of the assessments within AD 90-2 as confirmed
in the AD 90-2 proceedings, the assessment liens on the proper-
ties within AD 90-2 upon which unpaid assessments remain, the
collection of the unpaid assessments on the properties within AD
90-2 upon which unpaid assessments remain and any bonds issued by
the City representing the unpaid assessments, or any portion
thereof, within AD 90-2. Subject to the limitation on remedies
contained in the preceding sentence, should the action be
recommenced, the parties agree that Plaintiffs have not waived,
relinquished nor shall they be legally or equitably estopped from
asserting any of the causes of action now sought in the Action,
but that their sole remedy, jointly or individually, if
successful, is limited to damages and in an amount not in excess
of the then present value of the remaining amount of the
assessment against each of their respective parcels. It is
agreed that all parties reserve any and all other rights they may
have other than as agreed to hereinabove.
K. Set Aside of Aqreement If Final Special Permits Not
Issued.
If at any time between the effective date of this Agreement
and December 31, 2017, THE CITY denies a Plaintiff a Special
Permit, or other such ~equired permit which may be necessary for
the continued use of the Lots for the use identified above upon
the conditions herein specified, then such Plaintiff may give the
City written notice of the rescission of the Agreement, and, upon
tender of the return of all consideration given by the City (The
Special Permits issued to non-rescinding Plaintiffs need not be
re-tendered.), the Action may be recommenced in its entirety,
except that the Plaintiffs' sole remedy, if they are successful
on the causes of action, shall be damages and in an amount not in
excess of the then present value of the remaining amount of the
assessment against each of their respective parcels.
Specifically, Plaintiffs, either jointly or individually, shall
not be entitled to injunctive, declaratory or any other form of
equitable or other relief whatsoever the effect of which would,
directly or' indirectly, invalidate or have the effect of
invalidating any or all of the following, or any combination
thereof: the proceedings to form AD 90-2, the levy of the
siroon9.wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 14 Page 14
c_~') /?
assessments within AD 90-2 as confirmed in the AD 90-2
proceedings, the assessment liens on the properties within AD 90-
2 upon which unpaid assessments remain, the collection of the
unpaid assessments on the properties within AD 90-2 upon which
unpaid assessments remain and any bonds issued by the City repre-
senting the unpaid assessments, or any portion thereof, within AD
90-2. Subject to the limitation on remedies contained in the
preceding sentence, should the action be recommenced, the parties
agree that rescinding Plaintiffs have not waived, relinquished
nor shall they be legally or equitably estopped from asserting
any of the causes of action now sought in the Action, but that
their sole remedy, jointly or individually, if successful, is
limited to damages and in an amount not in excess of the then
present value of the Final Confirmed Assessment against each of
their respective parcels. It is agreed that all parties reserve
any and all other rights they may have other than as agreed to
hereinabove.
K 1/2. Set Aside of Agreement as to Lot 20 if Lien Sales
Zone Text Change Not Made or Lien Sales Special Permit Related
Thereto Not Granted.
A. IP Zone Change Application. The Lot 20 Plaintiff
may apply to the City for a Lien Sale Zone Text,Change ("Lien
Sales Zone Text Change Application") to permit the lien sales of
impounded vehicles in the I-P Zone of the City.
B. Use Allowed as "of right". If the City grants such
Lien Sales Zone Text Change, the Lot 20 Plaintiff shall have no
further rights to set aside this Agreement under this paragraph
(K 1/2).
C. Use Denied. If the City denies such Lien Sales'
Zone Text Change Application, the Lot 20 Plaintiff shall have the
special set aside right hereinbelow set forth in Subparagraph D
("Lot 20 Set Aside Right").
D. Lot 20 Set Aside Right. If the provisions of
subparagraph C above apply, the Lot 20 Plaintiff shall have the
following special right to set aside this agreement:
1. Such Lot 20 Plaintiff may give the City
written notice of the rescission of the Agreement on the basis of
this provision, and, upon tender of the return of all consid-
eration given by the City, including any Special Permits issued
to the Lot 20 Plaintiff for any of the Lots under this Agreement
and $32,500 paid by the City, the parties hereto agree that the
Action may be recommenced in its entirety, except that the Lot 20
Plaintiffs' sole remedy, if they are successful on the causes of
action, shall be damages and in an amount not in excess of the
then present value of the remaining amount of the assessment
against Lot 20. Specifically, Lot 20 Plaintiff, either jointly
or individually, shall not be entitled to injunctive, declaratory
or any other form of equitable or other relief whatsoever the
effect of which would, directly or indirectly, invalidate or have
the effect of invalidating any or all of the following, or any
siroon9.wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 15 Page 15
.=9 ' :;; ('.
combination thereof: the proceedings to form AD 90-2, the levy
of the assessments within AD 90-2 as confirmed in the AD 90-2
proceedings, the assessment liens on the properties within AD 90-
2 upon which unpaid assessments remain, the collection of the
unpaid assessments on the properties within AD 90-2 upon which
unpaid assessments remain and any bonds issued by the City repre-
senting the unpaid assessments, or any portion thereof, within AD
90-2. Subject to the limitation on remedies contained in the
preceding sentence, should the action be recommenced, the parties
agree that rescinding Lot 20 Plaintiff has not waived, re-
linquished nor shall it be legally or equitably estopped from
asserting any of the causes of action now sought in the Action,
but that its sole remedy, jointly or individually, if successful,
is limited to damages and in an amount not in excess of the then
present value of the Final Confirmed Assessment against Lot 20.
~ SDecific Dutv to Return Attornev Fee Consideration Paid
bv citv.
Should ECOLOGY be one of the rescinding Plaintiffs who re-
commence the litigation (in accordance with the rights provided
herein), then it is agreed that ECOLOGY will restore to and
reimburse to THE CITY the sum of $32,500.00 representing the
total amount of the payment provided for in Paragraph H, supra.
If ECOLOGY is not one of the rescinding Plaintiffs who recommence
such litigation, then only the rescinding Plaintiffs are require
to pay to THE CITY said sum of $32,500.00.
M. Waiver of Statutes of Limitations if Aareement Set
Aside.
THE CITY waives and relinquishes any and all limitation
periods, including but not limited to those set forth in the
California Environmental Quality Act, Public Resources Code
section 21000, et seq.; those set forth in Streets and Highways
Code section 10400; and such other limitation period, legal,
equitable or otherwise, which might otherwise be applicable but
for the agreement of the parties as set forth herein, but only as
to the rescinding Plaintiffs, only until 30 days after (1) final
judgement is entered effectively setting aside or invalidating
this Agreement; (2) renewal of a special Permit is sought and
denied; or (3) as to the Lot 20 Plaintiff, the Lot 20 Set Aside
Right has accrued, but in no event later than December 31, 2017.
The foregoing waiver and relinquishment is intended to be broadly
construed to also apply to such limitation periods which may be
otherwise applicable by reason of a failure to make service of
process, failure to request the matter be set for trial or
otherwise. Finally, the parties will cooperate to obtain an
order providing for the foregoing. The waiver and relinquishment
of the limitations periods set forth in this paragraph shall not
constitute a waiver or relinquishment in any way whatsoever of
nor diminish in any way whatsoever the limitation of the remedies
of Plaintiffs set forth in Paragraphs J. and K. hereto.
N. Benefit of Reimbursement Districts.
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 16 Page 16
Gl :? /
The Unpaid Assessment will be subject to reduction if a
reimbursement district or districts are formed and reimbursement
fees collected from such district or districts are allocated to
AD 90-2 and such fees are deposited into the Redemption Fund for
AD 90-2 for the purpose of calling bonds of AD 90-2. Any such
reduction shall be pro rata among all properties within AD 90-2
which were subject to the levy of an assessment for AD 90-2. For
example, it is contemplated that there will be an Auto Park
Reimbursement District adopted which may result in a reduction of
the balance due on the Final Confirmed Assessment.
~ Siqnature in Counterparts.
This Agreement may be signed in counterparts and the
signature pages may be attached hereto.
E. Parties Receipt of Leqal Advice.
All parties hereto have received independent legal advice
from their respective attorneys regarding the advisability of
entering into this Agreement.
Q. Parol Evidence.
Except as expressly stated herein, no party has made any
statement or representation to any other party regarding any fact
relied upon in entering into this Agreement, and no party hereto
relies upon any such statement or representation in executing
this Agreement.
B. Investiqation.
Each party hereto has made such investigation of the facts
pertaining to this Agreement it deems necessary.
~. Aqreement Read and Understood.
Each party hereto, responsible officer, or governing body
thereof has read this Agreement and understands the contents
thereof.
T. Mutual Limited Release.
By this mutual limited release, THE CITY and Agency release
the Plaintiffs from any and all causes of action, and demands,
and the Plaintiffs release THE CITY, Agency, TIM NADER, SHIRLEY
GRASSER-HORTON, JERRY R~NDONE, DAVID MALCOLM, and LEONARD MOORE,
in their capacity as Members of the city Council of The city of
Chula vista; and JOHN GOSS, in his capacity as city Manager of
The City of Chula Vista, from any and all causes of action and
demands alleged in or related to the allegations contained in the
complaint and petition in the Action. This release does not
apply to Defendants inter se nor does it apply to Plaintiffs
inter se. with such exceptions, the Defendants and Plaintiffs do
hereby release and discharge the other from any and all claims,
demands or causes of action, known or unknown, which the
Defendants or Plaintiffs now own or hold, or have at any time
heretofore owned or held as against the other arising from the
facts, events, causes of action and rights to relief alleged in
the complaint and petition in the Action and such claims, demands
or causes of action which reasonably relate thereto.
This release does not apPlv to riqhts and duties created bv
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 17 Page 17
.~. dR
this Aqreement.
II. Notice.
Any notice to be given or document to be transmitted
hereunder shall be in writing and shall be deemed given as of the
date of actual delivery to the address or addresses set forth
below. All of such notices shall be directed to the parties,
with copies as indicated, at the following addresses, unless
notice of a different address is given in accordance with this
section:
Notice as to CHARLES B. SIROONIAN, LINDA L. MANDEL, CHARLES
D. PRATTY II, LOUIS P. PRATTY, CAROLINE A. PRATTY and/or
ECOLOGY AUTO WRECKING:
To: Charles D. pratty II
Ecology Auto Wrecking
13780 E. Imperial Highway
Santa Fe Springs, CA 90670
With a copy to:
Worley, Schwartz, Garfield & Rice
Attn: Charles V. Berwanger, Esq.
William J. Schwartz, Jr., Esq.
1150 First Interstate Plaza
401 "B" Street
San Diego, CA 92101
Notice as to OTAY INDUSTRIAL PARK, KARL TURECEK and/or
CHARLES TURECEK:
To: Karl Turecek
Otay Industrial Park
2423 Camino del Rio South
suite 212
San Diego, CA 92018
With a copy to:
Sullivan, Delafield, McDonald, Allen
& Middendorf
Attn: william A. Bramley, III
1200 Third Avenue, suite 1405
San Diego, CA 92101
Notice as to THE CITY and Agency and each and everyone of
THE CITY Defendants to:
To: John Goss, city Manager
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
with a copy to:
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 18 Page 18
~) . ,;;; .3
Bruce M. Boogaard, City Attorney
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
y. Execution of collateral documents.
Each party hereto agrees to execute all such documents as
may be necessary or helpful to carry out the provisions of this
Agreement, and each party irrevocably authorizes its attorney to
execute such documents.
~. Entire Aqreement.
This Agreement is the entire agreement between the'parties
with respect to the subject matter hereof and is to supersede all
prior and contemporaneous oral and written agreements and
discussions. This Agreement may be amended only in writing.
~. No Construction Aqainst Draftinq Party.
All parties have cooperated in drafting and preparing this
Agreement. Any construction to be made in this Agreement shall
not be construed against any party.
y. No Admission of Liability.
The parties hereto declare that this is a settlement of
disputed claims, not an admission of liability on the part of any
party hereto.
z. Successors and Assiqns.
This Agreement shall inure to the benefit of the parties
hereto and their assigns, successors, heirs, executors,
administrators, officers, directors, employees, servants,
insurers, privys, attorneys and agents.
AA. Attorney Fees and Costs.
In the event any action or proceeding is commenced between
the parties hereto with respect to this Agreement, the prevailing
parties shall be entitled to recover fees, costs, and expenses
incurred by it in connection with such action or proceeding,
including reasonable a~torneys' fees.
~. Authoritv of Siqnatories.
The parties represent and warrant that the signatories
hereto are authorized and empowered to execute and enter into
this Agreement. THE CITY further represents that its City
Council has adopted any and all required Resolutions and taken
all other action necessary to approve and authorize this
Agreement.
CC. Estoppel certificates.
Plaintiffs will issue such estoppel certificates for
reliance by bond underwriters and bond holders of AD 90-2 bonds,
as may be requested by the City certifying that the terms and
conditions of this agreement are in full force and effect, and
cooperate with the City in executing such documentation as may be
required by the City, City's bond counsel, or Assessment District
underwriters consistent with the terms of this Agreement
including acknowledgement as to the limitation of remedies.
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 19 Page 19
~\
,~q
''1
DD. Collateral Attack on Soecial Permits.
Should a third party commence an action or proceeding
challenging the issuance of the Special Permits, THE CITY agrees
to defend vigorously such action or proceeding' at its own
individual cost and expense but with the vigorous cooperation of
Plaintiffs, and each of them. The pendency of such an action or
proceeding shall not, by itself, cause the delay or postponement
of the implementation and the performance by the parties of their
executory obligations as provided herein. In the event that the
Special Permits are set aside, the rescinding parties hereto
agree that the Action may be recommenced in its entirety upon
return by the rescinding parties of all consideration for this
, Agreement including any Special Permits issued to such rescinding
Plaintiffs, but Plaintiffs' remedy, jointly or individually, if
successful,:will be limited to damages and in an am~unt not in
excess of the then present value of the remaining amount of the
assessment against each of their respective parcels, and attorney
fees and costs may be awarded to the prevailing party.
Specifically, rescinding Plaintiffs, either jointly or
individually, shall not be entitled to injunctive, declaratory or
any other form of equitable or other relief whatsoever the effect
of which would, directly or indirectly, invalidate or have the
effect of invalidating any or all of the following, or any
combination thereof: the proceedings to form AD 90-2, the levy
of the assessments within AD 90-2 as confirmed. in the AD 90-2
proceedings, the assessment liens on the properties within AD 90-
2 upon which unpaid assessments remain, the collection of the
unpaid assessments on the properties within AD 90-2 upon which
unpaid assessments remain and any bonds issued by the City
representing the unpaid assessments, or any portion ~hereof,
within AD 90-2.
EE.
and shall
interpret
The headings herein are for organization purposes only
have no substantive effect nor shall they be used to
the provisions hereof.
THE UNDERSIGNED HAVE READ
UNDERSTAND ITS TERMS AND
PROVISIONS.
DATED:
1:1. -/" ""1?-
~hh7/
ITS
DATED:
DATED:
) ~ -/!t-!?-..
LINDA L. MANDEL
~-~~
CHARLES D. PAA T1 II
slroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 20 Page 20
.
,
~; ,;;;>5
DATED:
!~ -/6-1'1-...
/ d~/t.ct:J-
DATED:
IS P. PRA
~1.J~ rfJH~
CAROLINE A. PRATTY
OTAY INDUSTRIAL PARK, a California
General Partnership,
DATED:
BY:
KARL TURECEK, General Partner
a California
o ....
DATED:
I?- 01 t -'7?-'
, its President
~~ tf-v
- , its Secretary
BY:
DATED:
1').,-/1, .q;;2....
BY:
THE CITY OF CHULA VISTA, a
municipal corporation,
DATED:
TIM NADER, its Mayor
THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, a political
subdivision of the State of
California,
DATED: BY:
TIM NADER, its Chairman
Attest: Approved as to Form
Beverly Authulet, City Clerk Bruce M. Boogaard, City Attorney
siroon9.wp Settlement Agreement re Otay Valley Road Widening
r November 25, 1992 21 Page 21
d] ,,;;; (j,
. tc.f-25--'92 !.ED 10:38 ID:CIT' 7 Q-IJ...A UISTR T8... NJ:FRX 619 691 5
1139<1 pro
----
"
DATED:
lDUIS P. PRA'1"1'V
DATED:
CAROLINE A. 'RATTY
DAWED!
I',"r_c;~
I v,. r I,
,
. California
BY:
er
ECOLOGY AUTO WRECXING, a Calitornia
corporation,
DATBD:
JaV!
, ita Prealdant
DATED I
BY:
, it. sacretary
THE CITI ot CIIU1.IA VIISTA, a
municipal corpora~lon,
DATED:
TIM NADER, i~s Hayor
THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, a political
aubdiv18ion or the Stat. of
california,
DATED: BY'
TIM NADER, its Chairman
Attest: Approvwd as to Form
Beverly Authulet, City Clerk Bruce H. Boogaard, city Attorney
81roon9.wp Settlement AgrseJDent re otay Valley Road WideninCJ
November 25, 1992 21 Pags 21
d ,;:; 7
R-93%
CITY OP CHULA VISTA 11-25-92 10:39AM P003 #03
L
I
I
I
,nmmmt-
,
: :
i
,
----
~
.------
----..~
. ---- . I
I
,
L.~--
./-~
------
'-
"~""-
......01__ _
,
c--
(L.:?CAllDN <-"I' I-f' ZOf.,J~<;
I@Of (
NORTH PC/A -'1'1, ~ t? I
":~ \ \
~\ .' ~J
------,~/~-.J
~\ .~I,
V~ J
~
--------
-----
,.
~.;;
/' .
~..
~"';>
---'
.---
--::t- /
.
i
I
.-----
~~----~--- \~
~.~r'..... --.
'---1, .\ \
- - -I ...~ \
~-- ....---- .")\
" -- \
~
""-..;
.~
e,,. OT
- ~
~ -.
- --
)
)
LOCATOR
::~It--Ib oP-~i-JANC.~ TE>'1' M--\~.?'
HtNT TO INC.-t-Ut1~ L.I~ ~1h- CF
If.lP.AJf..JDW ,l>.I.Ii"P~ ~ A @DlfI~
LI~e:: . ..
Attachment "8 '" -~
'<
RESOLUTION 1288
~SOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA MAKING CERTAIN FINDINGS AND APPROVING SPECIAL
PERMIT TO A TO Z ENTERPRISES FOR CERTAIN DESIGNATED AUTO
USES, IMPOUNDING, STORAGE AND DISMANTLING AT 850 ENERGY
WA Y, LOT #20, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED
WITHIN THE OT A Y V ALLEY ROAD PROJECT AREA
WHEREAS, the property which is the subject matter of this Special Permit is
commonly known as 850 Energy Way, Chula Vista, California, and, as to 850 Energy Way, is
legally described as that certain property known as Lot 20 of Otay Industrial Park according to
Map thereof 8147, filed in the office of the County Recorder of San Diego County, July 18,
1975 (Assessor's Parcel No. 644-182-10).
WHEREAS, a Conditional Use Permit was issued to the above referenced
business in 1973 and expired in 1986; and
WHEREAS, the above referenced applicant has requested to construct and
continue operating their prospective business within the Otay Valley Road Redevelopment
Project Area; and
WHEREAS, a Special Permit is required for the uses being requested by the
above referenced applicant under the Otay Valley Road Redevelopment Plan; and
WHEREAS, the Otay Valley Road Project Area Committee noticed and held a
public hearing on December 7, 1992 to consider the use of the following above referenced land
uses and made the recommendation to the Agency for approval of the Special Permit to A to Z
Enterprises; and
WHEREAS, the Agency noticed and held a public hearing on Tuesday, December
8, 1992, and that all protests, if any, to the approval of a Special Permit in the manner herein
contemplated, were made and received at said public hearing, and no convincing objections to
the proposed transaction were found to exist; and
WHEREAS, the Environmental Review Coordinator reviewed the proposal and
determined a Class I exemption from environmental review because of the continuation of same
land uses.
NOW, THEREFORE, THE REDEVEWPMENT AGENCY OF THE CITY
OF CHULA VISTA does hereby find, order, detennine and resolve as follows:
Section I. The Agency hereby makes the following findings under the Otay
Valley Road Redevelopment Project Area Implementation PlanlDesign Manual Addendum:
A. The proposed projects would not constitute a substantial detriment to the Project
Area or adjacent areas.
C:?~7
Attachment "C"
B. The proposed projects would promote the orderly physical and economic
development of the Projecl Area.
C. The proposed projects would be consonant with the townscape-planning and
urban-design objectives of the Implementation Plan/Design Manual Addendum,
and would contribute to the amenity of the Project Area.
Section 2. The Agency hereby grants A to Z Enterprises a Special Permit covering
Lot 20 for impound, storage and dismantling of automobiles, general offices and storage of ~
records and other related uses, and, on the condition that the City eventually adopts a Lien Sal~e
Zone Text Chang7applicable to the I-P Zone in which Lot 20 is locatedZI of which shall b f;
for a term not less than 13 years on the following conditions:. \,.\P"\ ~ ~
1. Plans shall be submitted in an acceptable form to the City ~~ncy within th~~
(3) months from the adoplion of this resolution for review to the Otay Valley Road
Project Area Committee and for approval by the Agency indicating code-required
off-street parking; landscape planting/irrigation; fencing and other appropriate
comparable-cost screening measures to ameliorate adverse visual impacts. The plans
shall be prepared by a Registered Landscape Archilect. Plans approved by the
City/Agency shall be implemented by the Permittee ("Plans"). Such Plans shall be
implemented within eighteen (18) months of their approval by the City.
2. This Special Permit shall become void and ineffective if not utilized wilhin one
year from effective date thereof, in accordance with Section 19.14.260 of the
municipal code. Failure to comply with any condition of approval shall cause this
permit to be reviewed by the City for additional conditions or revocation.
Section 3. Any failure by a permittee under any other Special Permit on adjacent
property to fulfill any condition or to proceed thereunder, or otherwise violate same, shall not
affect the validity of this Final Special Permit.
Section 4. The adoption-of this resolution shall constitute the final issuance of a special
permit, and Agency hereby waives, to the extent it may be lawful to do so, any right to
reconsider this decision within ten days after adoption of this resolution.
Presented by:
Bruce M. Boogaard
Agency General Coun
~~
Chris Salomone, Executive Secretary and
Community Development Director
[C:IWP51 IAGENCYIRESOSIA-TO-Z.RES]
o:? 30
negative declaration
PROJECT NAME: Zoning Text Change for Automobile Auctions in
the IP Zone
PROJECT LOCATION: City-wide
PARCEL NUMBER: Not Applicable
PROJECT APPLICANT: City of Chula Vista
CASE NUMBER: IS 93-24
A. Pro;ect Settinq:
The proposed project is a text change to Title 19 of the Chula
Vista .Municipal Code (Zoning Ordinance). The text change
would resul t in changes to Chapter 19.46 of the Zoning
Ordinance which sets forth land use standards for the (IP)'
zone--Industrial with a precise plan.
The project would be applied city-wide, therefore, there is no
specific project setting which would be impacted by the
proposed zoning text change. Potentially, the text changes
would apply to all IP zoned parcels within the City of Chula
Vista.
B. Pro;ect Description:
The proposed project consists of text change to Chapter 19.46
of the Chula Vista Zoning Ordinance. The ci ty- ini tiated
project would allow the auction of vehicles in the IP zone
subject to a conditional use permit/special permit. The
proposed project ls in response to the Siroonian Settlement
Agreement, which was executed on November 25, 1992. This out-
of-court settlement resulted from litigation by property
owners in the Otay Valley Assessment District.
With implementation of the proposed project, specific language
would be added to the Zoning Ordinance to set forth standards
to allow the auction of vehicles in the IP zone subject to a
conditional use permit/special permit. 'Presently, no
automobile sales by auction are allowed in the IP zone. Auto
salvage and wrecking operations are conditional uses in the IP
zone.
C. Compatibility with Zoninq and Plans
Implementation of the proposed project would not create
changes to underlying zoning or land use designations. The
project would allow automobile auctions as a conditional use
in the IP zone. The proposed project will not create chang~{~
-Z. ~.-
. d- :51 ~~~ - ~
~~~~
city of chula vllta planning department 01Y OF
environmental review Netlon, OiUlA VISTA
-2-
to existing or adjacent land use designations.
With compliance to the requirement that a conditional use
permit/special permit be obtained for the proposed automobile
auctions, the project will be compatible with underlying land
use designations.
E. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista
determined that the proposed project will not have one or more
significant environmental effects, and the preparation of an
Environmental Impact Report (EIR) will not be required. A
Negative Declaration has been prepared in accordance with
Section.15070 of the State CEQA Guidelines.
The following impacts have been determined to be less than
significant:
Land Use Impacts:
Land use impacts are associated with the potential for
changes in present or planned land uses within the City with
implementation of the proposed zoning text change. The
proposed project would allow the auction of automobiles within
the IP zone subject to a conditional use permit/special permit
(see Attachment "A").
At the present time, automobile salvage and auto wrecking is
allowed pursuant to a conditional use permit in the IP zone.
Implementation of the project would increase the intensity of
use currently allowed in this zone.
Potential land use impacts associated with the proposed
project are primarily land use compatibility impacts to
surrounding land uses. The auction method of automobile sales
are normally conducted outdoors. If site operations are not
adequately controlled during auctions or sales promotions,
compatibility impacts to surrounding land uses could occur.
As a result, a conditional use permit or special permit must
be obtained to allow the auction of vehicles in the IP zone.
This would ensure that specific conditions be placed on future
projects to address land use compatibility issues. With
implementation of the requirement for a conditional use
permit/special permit for future, site-specific projects,
potentially significant land use impacts could be reduced to
below a level of significance.
" -:;>
.:;::r" _>o~
-3-
Traffic/Circulation Impacts:
Implementation of the proposed zoning text change is not
linked to a specific project site at this time. Therefore,
the analysis of potential traffic impacts cannot be site
specific. However, it is anticipated that when the text
change is implemented at specific sites, temporary traffic and
circulation impacts could occur to the surrounding circulation
network during periods of peak activity. The auction of
automobiles will generate additional vehicular traffic on an
interim basis during auction activities. Therefore, the
potential for traffic/circulation impacts could occur in the
future.
However, the analysis of traffic/circulation impacts would be
required for future, site-specific projects. Traffic and
circulation impacts would be assessed during the environmental
review process for future, site-specific projects. At that
time, the number of average daily trips expected and the
impact to the surrounding circulation network would be
calculated to determine whether significant traffic impacts
would occur.
Therefore, traffic/circulation impacts associated with the
zoning text change are deemed to be less than significant.
Future site-specific implementation of the zoning text changes
would be subject to additional environmental review, as well
as a conditional use permit or special permit process. At
that time, site-specific traffic/circulation impacts will be
evaluated.
Noise Impacts:
The proposed project would allow automobile auctions as a
conditional use in the IP zone. As a result, the auction of
automobiles could create potentially significant noise impacts
during periods of auction activity. Potential noise impacts
would be primarily associated with the use of loudspeakers,
the starting and stopping of automobile engines, and the
generation of vehicular traffic to and from the auction site.
Because no site-specific project is proposed, at this time,
the zoning text change will not create any significant noise
impacts. However, future, site-specific projects will require
additional environmental review to ensure that noise impacts
are below a level of significance and that future projects
comply with the Chula Vista Noise Ordinance standards.
L:;}-
:>:::.
--~ --"
-4-
Visual Impacts:
Implementation of the proposed zoning text change will not be
implemented on a specific project site, at this time.
However, visual impacts could occur with future proj ects,
since the outdoor storage of vehicles could have an adverse
visual impact on surrounding land uses.
Future, site-specific projects will require additional
environmental review, therefore, visual impacts are not deemed
to be significant, at this time. In the future, as
applications are submitted for site-specific implementation of
the zoning text changes, visual impacts will be assessed on an
individual basis to evaluate impacts to surrounding land uses.
F. Mitiqation necessarv to avoid siqnificant effects
The proposed project is not associated with any significant,
adverse environmental impacts, therefore, no mitigation will
be required above and beyond the standard city requirements
for the project. To ensure that project impacts are below a
level of significance, the following mitigation measures shall
be required.
1. A conditional use permit/special permit shall be
obtained to implement the zoning text changes on a
site-specific project basis.
2. An initial study shall be conducted for the site-
specific implementation of the zoning text changes
in the City. During the environmental review
process, the Environmental Review Coordinator shall
determifle whether any technical studies are
required to evaluate potential noise,
traffic/circulation and visual impacts.
Mandatorv Findinqs of Siqnificance:
Based on the following findings, it is determined that the
project described above will not have a significant
environmental impact and no environmental impact report needs
to be prepared.
1. The project has the potential to substantially degrade
the quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal cOIlDIlunity, reduce
the number or restrict the range of a rare or endangered
plant or animal, or eliminate important examples of the
major periods of California history or prehistory.
,-:} .3L/
-5-
The proposed zoning text change will not have any direct
effects upon fish or wildlife resources, as well as
cultural resources. Implementation of the proposed text
changes on specific parcels of land will be subject to
additional environmental review to ensure the project
will not degrade the quality of the environment or affect
fish or wildlife species or cultural resources.
2. The project has the potential to achieve short-term
environmental goals to the disadvantage of long-term
environmental goals.
The proposed zoning text change will not achieve short-
term environmental goals to the disadvantage of long-term
environmental goals. Implementation of the zoning text
change will not create any changes to the physical or
cultural environment, at this time. Future, site-
specific projects will be required to undergo further
environmental review to ensure that short-term goals are
not achieved to the disadvantage of long-term
environmental goals. The requirement that a conditional
use permit/special permit be obtained to implement the
zoning text changes on a project specific basis will
ensure that land use compatibility is achieved.
3. The project has possible effects which are individually
limited but cumulatively considerable. As used in the
subsection. "cumulatively considerable" means that the
incremental effects of an individual project are
considerable when viewed in connection with the effects
of past projects. the effects of other current projects,
and the effects of probable future projects.
The proposed zoning text change is not associated with
cumulative environmental impacts. The proposed zoning
text changes will allow an intensification of land use
within the IP zone with the auction of automobiles.
Future, site-specific implementation of the zoning text
change will require submittal of a conditional use permit
or special permit application, as well as additional
environmental review. At that time, the potential for
cumulative impacts will be assessed, and if it is
determined that cumulative impacts would occur,
appropriate mitigation measures will be implemented.
4. The environmental effects of a project will cause
substantial, adverse effects on human beings, either
directly or indirectly.
'7 -::> E-
C'J - _"-"
-6-
No human health impacts were identified in the initial
study, therefore, it is not expected that the project
could have any adverse effects upon the human population.
Implementation of the proposed zoning text change will
not have any direct impact upon human health.
H. Consultation
1. Individuals and Orqanizations
City of Chula Vista: Maryann Miller, Planning
Roger Daoust, Engineering
Hal Rosenberg, Engineering
Garry Williams, Planning
Ken Larsen, Building & Housing
Carol Gove, Fire Department
Cptn. Keith Hawkins, Police
Marty Schmidt, Parks & Rec.
Chula Vista Elem. School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
2. Initial Studv:
This environmental determination is based on the attached
Initial Study, any comments on the Initial Study and
Negative Declaration, and reflects the independent
judgment of the City of Chula Vista. Further information
regarding the environmental review of the project is
available from the Chula Vista Planning Department, 276
Fourth Avenue, Chula Vista, California 91910.
)1\[C"-~~ (0, i1'vJ.U-1.
ENVIRO~ENTAL REVIEW COORDINATOR
..,/) /
-<3'/,
-7-
DISCUSSION FOR ENVIRONMENTAL CHECKLIST - APPENDIX I
1. Earth
The proposed zoning text amendment will not create unstable
earth conditions or changes in geologic substructures nor
create a change in topography or ground surface relief
features. The zoning text amendment would be implemented
city-wide to allow the auction of automobiles in the IP zone.
Therefore, with implementation of the zoning text amendment,
no adverse impacts to earth will be implemented.
2. Air
The proposed zoning text amendment will not directly create an
increase in air emissions. The textual changes to the Zoning
Ordinance will allow the auction of automobiles in the IP
zone, with a conditional use permit. Actual implementation of
the text changes on a project specific basis will require
further environmental assessment at the proj ect level to
determine the potential for air quality impacts. At this
time, no significant air quality impacts are anticipated.
3. Water
The proposed zoning text change will not affect or be affected
by water quality or water availability impacts. No
significant impacts to water movements or resources would
occur with implementation of the proposed zoning text
amendment. Proposed uses which would allow automobile
auctions would be permitted conditionally and would require
further environmental review. Therefore, no water quality
impacts will occur, at this time.
4,5 Plant and Animal Life
The zoning text amendment to allow automobile auctions will
not adversely impact biological resources. No proj ect-
specific biological impacts will occur with implementation of
the proposed text amendment. However, once specific project
sites are identified, further environmental review will be
required to assess project-specific biological impacts.
Depending on the location of the proposed project site,
biological impacts could occur. Therefore, at this time, no
direct biological impacts are expected, however, project
specific analysis will be required at the project level.
~ => 7
C>f' _C>
-8-
6. Noise
No direct noise impacts will occur with implementation of the
proposed zoning text amendment to allow automobile auctions in
the IP zone. However, at the project level, noise impacts
could potentially occur with the use of loudspeakers during
auctioning activities, as well as, the increase in traffic
generation that could occur during sales promotions. Because
automobile auctions would be a conditionally permitted use and
because additional environmental review will be conducted on
a project-specific basis, noise impacts are not significant,
at this time.
7. Liqht and Glare
The proposed zoning text amendment will not directly produce
new sources of light and glare. The proposed project will
allow automobile auctions as a conditional use in the IP zone,
which when implemented on specific sites could create light
and glare impacts. Because these proposed uses would be
subject to additional staff and public review, once specific
sites are proposed, light and glare impacts are not
significant, at this time.
8. Land Use
The proposed zoning text amendment would allow an additional
type of land use -within the IP zone than currently exists.
Potential land use impacts are associated with the issue of
compatibility with adjacent uses. The zoning text amendment
provides textual changes to Chapter 19.46 of the Chula Vista
Zoning Ordinance to allow automobile auctions as a conditional
use in the IP zone. Therefore, in order for the proposed
project to be implemented in the future on specific parcels of
land, an applicant would be required to submit a conditional
use permit/special permit application and undergo further
environmental review. These processes would, in affect,
ensure that the issue of land use compatibility is addressed
and that specific mitigation measures are implemented to
reduce land use impacts to below a level of significance.
"_. #'J e --) >7
::>{ -5v
-9-
9. Natural Resources
The proposed text amendment would not create a substantial
increase in the rate of use of any natural resources. Any
proposed projects in the future will be subject to the
conservation requirements that are a standard component of the
City's permitting procedures.
10. Risk of Upset
The proposed change to the Chula Vista Zoning Ordinance will
not involve the use of any hazardous materials nor be
associated with any hazardous waste issues. The regulation of
hazardous waste is handled by the County of San Diego
Hazardous Materials Management Division (HMMD). The potential
for risk of upset impacts at the project level would require
compliance with HMMD's standards for the safe handling of
hazardous substances. Therefore, any future project
implemented as a result of this zoning text amendment would be
subject to standard County permitting procedures. Risk of
upset impacts are not deemed to be significant, at this time.
11. Population
The proposed zoning text amendment would not create a
substant ial change to the demography of the City. The
proposed project would allow automobile auctions in portions
of the City (IP zones) where these uses are not currently
allowed. However, implementation of the zoning text amendment
will be conditionally permitted subject to additional site-
specific environmental review. Population impacts are not
anticipated for implementation of the project at a site
specific level, however.
12. Housinq
Implementation of the proposed project at a site-specific
level is not expected to create significant changes to the
existing housing stock within the City. The areas where this
text amendment could be implemented is limited in scope to the
IP zone. Therefore, the scope of the zoning text amendment is
relatively small and will not create a significant increase in
the need for additional housing nor affect existing housing
stock within the City.
IcY".3 ?
-10-
13. Transportation/Circulation
No direct traffic/circulation impacts are anticipated with
implementation of the proposed zoning text amendment.
However, as future projects are proposed for specific parcels
of land, traffic impacts could occur. By allowing automobile
auctions as a conditional use in the IP zone, there could be
additional traffic generated, especially during actual auction
activities and sales promotions.
The potential for traffic/circulation impacts will be required
to be assessed on a project-by-project basis, once an
application is submitted to the City to implement the proposed
zoning text amendment at a specific locale. Impacts to the
surrounding circulation network will be addressed during the
environmental review process that will be required in order to
implement the zoning text change on a specific piece of
property. Therefore, no significant traffic/circulation
impacts will occur with implementation of the proposed
project.
14. Public Services
A) Fire Protection: Implementation of the zoning text
amendment will not create direct impacts to fire safety
or fire flow requirements. Implementation of the zoning
text changes on specific parcels will require compliance
with standard Chula Vista Fire Department requirements.
No adverse public services impacts pertaining to fire
protection will occur with the proposed project.
B) Police Protection: Implementation of the zoning text
amendment will not create direct impacts to police
services. Implementation of the zoning text changes on
specific parcels will require compliance to Chula Vista
Police Department requirements. Therefore, no adverse
public services impacts pertaining to police protection
will occur with the proposed project.
C) School Facilities: Implementation of the proposed zoning
text amendment will not create direct impacts to school
facilities. Implementation of the zoning text changes on
specific parcels will not create a need for new school
facilities. Therefore, no adverse public services
impacts pertaining to school facilities will occur with
implementation of the proposed project.
d? ~ Yo
-11-
D) Parks/Recreation: Implementation of the proposed zoning
text amendment will not create direct impacts to parks
and recreational facilities. Implementation of the
zoning text changes on specific parcels will not create
a need for new recreational opportunities or facilities.
Therefore, no adverse public services impacts pertaining
to parks/recreational facilities will occur with
implementation of the proposed project.
E) Maintenance: Implementation of the proposed project will
not create a need for additional maintenance.. Future
site-specific projects will be environmentally assessed
to determine the potential for increased public
facilities maintenance requirements. Therefore, at this
time, no public facilities maintenance impacts will
occur.
F) Water: Implementation of the proposed project will not
create a need for additional water resources, since it
will not create an increase in water consumption. Future
site-specific projects will not create a significant
increase in water consumption, therefore, the proposed
project will not create water impacts will occur.
15. Enerqy
The proposed zoning text amendment will not require the use of
substantial amounts of fuel or energy resources.
Implementation of the project on specific parcels will not
create a need for substantial amounts of energy, therefore,
the proposed project is not associated with any substantial
energy impacts.
16. Compliance with Threshold Standards
Fire/EMS
The Threshold Standards require that fire and medical
units must be able to respond to calls within 7 minutes
or less in 85% of the cases and within 5 minutes or less
in 75% of the cases. This Threshold Standard does not
apply to the proposed zoning text amendment, since no
specific project implementation will occur, at this time.
,;}_J/(
-12-
Police
The Threshold Standards require that police units must
respond to 84% of the Priority 1 calls within 7 minutes
or less and maintain an average response time to all
Priority 1 calls of 4.5 minutes or less. Police units
must respond to 62.1 % of Priority 2 calls within 7
minutes or less and maintain an average response time to
all Priority 2 calls of 7 minutes or less. This
Threshold Standard does not apply to the proposed
proj ect, since no site-specific implementation is
proposed, at this time.
Traffic
The Threshold Standards require that all
intersections must operate at a Level of Service
(LOS) "C" or better, with the exception that Level
of Service (LOS) "D" may occur during the peak two
hours of the day at signalized intersections.
Intersections west of I-80S are not to operate at a
LOS below their 1987 LOS. No intersection may
reach LOS "E" or "F" during the average weekday
peak hour. Intersections of arterials with freeway
ramps are exempted from this policy. The proposed
project is not subject to this Threshold Standard,
since no site-specific project implementation is
proposed, at this time.
Parks/Recreation
The Threshold Standards for Parks and Recreation is 3
acres/1,OOO population. The proposed project is not
subject to this Threshold Standard, since no site-
specific project implementation is proposed, at this
time.
Drainage
The Threshold Standards require that storm water flows
and volumes not exceed City Engineering Standards.
Individual projects will provided necessary improvements
consistent with the Drainage Master Plan (s) and City
Engineering Standards. The proposed proj ect is not
subject to this Threshold Standard, since. no site-
specific implementation is proposed, at this time.
:;?--'152
-13 -
Sewer
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent with Sewer Master Plan (s) and City Engineering
Standards. The proposed project is not subject to this
Threshold Standard, since no site-specific implementation
is proposed, at this time.
Water
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and construction. The
proposed project is not subject to this Threshold
Standard, since no site-specific implementation is
proposed, at this time. Once future sites are proposed,
applicants would be required to participate in whatever
water conservation or fee off-set program the City of
Chula Vista has in effect at the time of building permit
issuance.
17. Human Health
The proposed zoning text amendment will not create any human
health hazards. Potential risk of upset impacts associated
with the handling,of hazardous materials will be required to
comply with the standard procedures of the County Hazardous
Materials Management Division. Assessment of potential health
impacts would be undertaken on a project-by-project basis.
Therefore, implementation of the proposed project will not
create any significant impacts to human health.
18. Aesthetics
Implementation of the proposed zoning text amendment will not
result in the obstruction of any scenic vista or view open to
the public nor will it result in the creation of an
aesthetically offensive site open to the public. However,
site-specific implementation of the zoning text amendment to
specific, IP-zoned properties could result in visual impacts
to surrounding uses.
~-JI3
-14-
Therefore, visual impacts will be assessed on a project-by-
project basis to ensure that adequate screening of the
automobile auctions occurs or other mitigation measures are
undertaken to reduce potential visual impacts.
19. Recreation
The proposed project will not create the need for additional
parks or recreational facilities. Implementation of the
zoning text amendment to allow automobile auctions in the IP
zone will not result in any impacts to the quality or quantity
of existing recreational opportunities within the City.
20. Cultural Resources
The zoning text amendment will not result in the destruction
or alteration of any prehistoric or historic archeological
site. The potential cultural resource impacts which could
occur at a project-specific level will require further
environmental review to assess the sensitivity of a parcel of
land for cultural resource impacts. Therefore, at this time,
no significant cultural resource impacts will occur.
21. Mandatorv Findinqs of Siqnificance
The proposed zoning text amendment does not have the potential
to degrade natural or cultural resources. The project will
not have short-term to the disadvantage of long-term
environmental impacts. The project is not associated with any
cumulative impacts. Nor will the project have environmental
impacts which will cause adverse effects to. human beings
directly or indirectly. Implementation of the proposed
project will be environmentally assessed on a project-by-
project basis. Additional staff and public review will also
be undertaken during the conditional use permit process.
Therefore, the environmental determination is that a Negative
Declaration be prepared for the proposed project,
c)-il'-j
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 19.04, 19.46 AND 19.58 OF THE MUNICIPAL
CODE TO ALLOW AUTOMOBILE AUCTIONS IN THE I-P ZONE
SUBJECT TO A CONDITIONAL USE PERMIT
WHEREAS, the I-P (General Industrial-Precise Plan) Zone does
not specifically address automobiles auctions as either a permitted
or conditional use, and
WHEREAS, pursuant to the Siroonian Settlement Agreement
("Agreement"), the City agreed to process a text amendment to
consider "the lien sale of impounded vehicles automobile auction,
to occur in an I-P designated zone subject to securing a
conditional use/special permit" (Item II.B, page 6 of the
Agreement), and
WHEREAS, good zoning principles suggest expanding the limited
definition of automobile auctions in the above definition to
include the broader generic category of all forms of automobile
auctioning, and therefore the definition is recommended by staff to
be expanded, and
WHEREAS, on April 21, 1993, the Planning Commission approved
Resolution PCA-93-01 to recommend that Council enact the proposed
text amendment by the vote of ?-?, and
WHEREAS, the Environmental Review Coordinator conducted an
Initial Study, IS-93-24, of potential environmental impact
associated with the proposal and has concluded that there would be
no significant environmental impacts, and recommends adoption of
the Negative Declaration issued on IS-93-24.
NOW, THEREFORE, The City Council of the City of Chula Vista
does ordain as follows:
SECTION I: That the Project, PCA-93-01, will have no
significant environmental impacts, and the City Council of the City
of Chula Vista hereby adopts the Negative Declaration issued on I8-
93-24.
SECTION II: That Section 19.04.015 is added to the Chula
Vista Municipal Code to read as follows:
Section 19.04.015
Automobile Auction
"Automobile Auction" means the auctioning and sale of vehicles
(including heavy machinery) to the highest bidder, including, but
not limited to, the lien sale of impounded automobiles, insurance
auctions, auctions by a governmental agency or auctions for, to or
by automobile retailers.
I L/ C.
cy.~ r.~
Ordinance No.
Page 2
SECTION III: That Section 19.46.040 of the Chula Vista
Municipal Code is amended to read as follows:
19.46.040 Conditional uses.
Conditional uses in an I district include:
A. Motels;
B. Restaurants;
C. Service stations, subj ect to the provisions of Sections
19.58.280;
D. The retail sale of such bulky items as furniture, carpets and
other similar items;
E. Retail distribution centers and manufacturers' outlets which
require extensive floor areas for the storage and display of
merchandise, and the high-volume, warehouse-type sale of goods
and, retail uses which are related to, and supportive of
existing, on-site retail distribution centers or
manufacturers' outlets. Conditional use permit applications
for the establishment of retail commercial uses, covered by
the provisions of this subsection, shall be considered by the
city council subsequent to its receipt of recommendations
thereon from the planning commission;
F. The following uses covered by this subsection, shall be
considered by the city council subsequent to its receipt of
recommendations thereon from the planning commission:
1. Brewing or distilling of liquor, or perfume manufacture,
2. Meat packing,
3.
Large scale
establishments,
bleaching,
cleaning
and
dyeing
4. Railroad yards and freight stations,
5. Forges and foundries,
6. Automobile sal vage and wrecking operations, and
industrial metal and waste rag, glass or paper salvage
operations; provided, that all operations are conducted
within a solid screen not less than eight feet high, and
:\HOME\PLANNING\MARTIN\AUTOAUCT\9301CC.ORD
q;'rJ-/r;:,
OrdinanLe No.
Page 3
that materials stored are not piled higher than said
screen;
G. Any other use which is determined by the commission to be of
the same general character as the above uses;
H. Unclassified uses, as provided in Chapter 19.54.
I. Roof-mounted satellite dishes subject to the standards set
forth in Section 19.30.040.
J. Recycling collection centers, subject to the provisions of
Section 19.58.340.
K. Hazardous waste facilities, subj ect to the provisions of
Section 19.58.178
~ Automobile Auction. sublect to the provision of Section
19.58.075, and onlv where the .p. Precis Plan modifier has
been applied.
SECTION IV: That Section 19.58.070 of the Chula Vista
Municipal Code is amended to read as follows:
19.58.070 Automobile sales facilities.
Automobile sales facilities, new and used, shall provide
customer off-street parking equal to one-tenth of the car storage
capacity of the facility, with ingress and egress designed to
minimize traffic consestion, and shall provide a six-foot high
masonry wall separating the entire area from abutting residential
property, except as provided under Section 19.58.075 for automobile
auctions. Said wall may be replaced with a fence subject to
department approval.
SECTION V, That Section 19.58.075 is added to the Chula
Vista Municipal Code to read as follows:
19.58.075 Automobile Auction
A. Use shall only be allowed in the I-P (General Industrial-
Precise Plan) Zone.
B. Storage areas shall be screened pursuant to Sections
19.46.130, 19.58.147 of the Zoning Ordinance.
C. The application shall include a parking study justifying the
amount of storage and parking provided. Off-street parking
:\HOME\PLANNING\MARTIN\AUTOAUCT\9301CC.ORD
.",J. "-(?
Ordinance No.
Page 4
--
shall be provided in accordance with the standards of Chapter
19.62. The Planning Commission may impose higher parking
requirements, if the parking study and/or the public health
and safety so require. If complaints are filed with the City
regarding impacts related to off-site parking, the project
shall be modified to add additional parking for employees and
customers by reducing the auction vehicle storage parking
area. Compliance with the reduction of vehicle storage
parking and addition of employee and customer parking on-site
is subject to the review and approval of the Planning Director
and Traffic Engineer. Failure to resolve such off-site public
parking problems shall be grounds for revocation of the
conditional use permit.
D. The application shall include a traffic study at the
discretion and to the of the Traffic Engineer. Ingress to and
egress from the site shall be designed, installed, and
maintained so as to minimize traffic congestion and hazards,
to the satisfaction of the City's Traffic Engineer.
E. Automobile Auctions shall be held a maximum of once per week
with a minimum of one week lapsing between auctions.
F. Automobile auctions shall be held between the hours of 8:00
a . m. and 5: 00 p. m., Monday through Friday. Weekend auct ioning
is prohibited.
G. All areas designated for parking or storage shall be paved and
striped to the satisfaction of the Traffic Engineer and the
Landscape Architect.
H. The project shall be landscaped to the satisfaction of the
Director of Planning, pursuant to Section 19.46.120 of the
Zoning Ordinance.
I. The use of outdoor loud speakers is prohibited.
J. All automobile auctioning shall be conducted entirely within
a completely enclosed building.
K. The repair or dismantling of automobiles on-site is
prohibited.
L. All plans (site plan, floor plan, landscape plan, etc.) shall
be prepared by a Registered Landscape Architect, Civil
Engineer, Registered Architect or other person of comparable
registration and qualification, as approved by the Director of
Planning.
: \HOME\PLANNING\MARTIN\AUTOAUCT\9301CC.QRD
<-0,1. ~/?
Ordinance No.
Page 5
SECTION VI:
full force and effect
adoption.
Presented by
This Ordinance shall take effect and be in
on the thirtieth day from and after its
Approved as to form by
Robert A. Leiter
Director of Planning
: \HOME\PLANNING\MARTIN\AUTOAUCT\9301CC.ORD
Bruce M. Boogaard
City Attorney
c.:? ... ~/ '1
APPLICALON CANNOT BE Ac.~jTEIJ UNLESS SITE PLAN
IS FOLDED TO FIT INTO AN 8-1/2 X II FOLDER
INITIAL STUDY
City of Chula Vista
Application Form
FOR OFFICE USE
ClSe No. ..,.-5 -~3-o;;cf
Deposit . CP Nt A
Receipt No. NI
Date Rec'd ~. 'D
Accepted by .....'"
Project No. F- A " I V
A. BACKGROUND
I.
2.
PROJECT TITLE ZO",'I ~ lX ~ i I"\ltn l e.. Am! v...J WI e '" +- - Au.-1-P L i~11 <;q It:!>
PROJECT LOCATION (Street address or descript ion) ~ :JY" t<J; /4!
IA'I'J~2-03./.t.~I./-I'il2-1() .
Assessors Book, Page & Parcel No. ~-W\c\.t..
BRIEF PROJECT DESCRIPTION A 'Z.onlyt ')(+ t.haV15~-+Cptvvl;'i:t>..
.~\i\J u..~&J (J ({.If\iJ ~ P --I~ LUr.....J ~6LL v? 'VIlpot.l..t-c.AtJd ~hJ.lj.[5.
,~ +~e. ~- i' 'Z.-orr~:F~ -1-,) ~u.f> /~~ pu~.
Name of Appl1cant k.u.LA. lit
Address 2-~ 4-J..h~"" ue.... Phone l.f:H, . S~?>D
City ell JA ~ VI~ State t.A- Zip 91'710
Name of Preparer/Agent MAVL-f tUH'I M i I\~V'"
Address 2.:+lo ~ Av.t.", V'€- Phone -lli . S"!>~O
City ...LJ... 14 v\c.&. State ~A- Zip -f;I::f' D
Relation to Applicant f.lo\lJl ('DI'\~ l.1-6..L...12pview Dni~\.\A..-by
3.
4.
5.
6. Indicate all permits or approvals and enclosures or documents
required by the Environmental Review Coordinator.
a. Permits or approvals required:
___ General Plan Amendment ___ Design Review Application ___ Public Project
___ Rezone/Prezone ___ Tentative Subd. Map ___ Annexation
Precise Plan ___ Grading Permit ___ Redevelopment Agency
::: Specific Plan ___ Tentative Parcel Map ___ O.P.A.
___ Condo Use Permit Site Plan & Arch.ReView ___ Redevelopment Agency
Variance ::: Project Area Committee D.D.A.
::: Coastal Development Use Permit L. Other -z.-i"'4 1trl C.1,4V\~<!..
Permi t .J
b. Enclosures or documents (as required by the Environmental Review
Coordinator).
___ Grading Plan Arch. Elevations
___ Parcel Map ::: Landscape Plans
___ Precise Plan ___ Tentative Subd. Map
___ Specific Plan ___ Improvement Plans
___ Other Agency Permit ___ Soils Report
or Approvals Required ___ Hazardous Waste
Assessment
___ Hydrological Study
___ Biological Study
___ Archaeological Survey
___ Noise Assessment
___ Traffic Impact Report
___ Other
WPC 0413p/9459P
-1-
)
:::? 5 c'
B. PROPOSED PROJECT - N* Appl iCA.bl~ - pl'''ju..-+- ..~ "'D~ s,k S.~'L
I. a.
~d Area: sq. footage or acreage
If ~d area to be dedicated, state acreage and purpose.
b. Does the oject involve the construction of new buildings, or
will existing tructures be utilized?
2. Complete this section jf project is residential.
a. Type development: ingle family Two family
Multi family Townhouse Condominium
b. Total number of structur
c. Maximum height of structur
d. Number of Units: 1 bedroom 2 bedrooms
3 bedrooms 4 bedrooms Total units
e. Gross density (DU/total acres)
f. Net density (DU/total acres minus
g. Estimated project population
h. Estimated sale or rental price range
i. Square footage of structure
j. Percent of lot coverage by buildings or structures
k. Number of on-site parking spaces to be provided
1. Percent of site in road and paved surface
3. Complete this section if project is commercial or industrial or ~
~. - fo,..)o-r Awllu..b(.Q. . ~t-'-+- is v\,* ...i.\:L ~c<fi c.. .
a. Type(s) of land .use .
b. r~or area Height of structure(s)
c. Type construction used in the structure
d. Descri be major access points to the structures and the
orientation to adjol . 9 properties and streets
e. Number of on-site parking spacprovided
f. Estimated number of employees per ift
shifts Total
g. Estimated number of customers (per day)
h. Estimated number of deliveries per day
, Number of
sis of estimate ___
.~) ,. ~ I
cr .~
WPC 0413p/9459P
-2-
i. ted range of service area and basis of estimate
v+- . UL 10 lL.
j. Type/extent of opera
not in enclosed buildings
k. Hours of operation
1. Type of exterior lighting
4. If project is other than residential, commercial or industrial
complete this section.
a. Type of project Zo"'I~ ex-d..lY\..AVlte ~N:(~
b. of facilities prov ded
c. Square fe enclosed structures 10D+ A-Pp l,\ CA.b LL
d. Height of structure
e. Ultimate occupancy load of p . ct
f. Number of on-site parking spaces to
g. Square feet of road and paved surfaces
h. Additional project characteristics
C. PROJECT CHARACTERISTICS
1. If the project could result in the direct emission of any air
pollutants, (hydrocarbons, sulfur, dust, etc.) identify them.
N/A
2. Is any type of grading or excavation of the property anticipated ~D
(If yes, complete the following:)
a. Excluding trenches to be backfilled, how ..any cubic yards of
earth wi 11 be excavated? N I A
b. How many cu~ic yards of fill will be placed?
c. How much area (sq. ft. or acres) will be graded?
d. What will be the - Maximum depth of cut
Average depth of cut
Maximum depth of fill
Average depth of fill
N/A
N/A
.
NJA
"
\I
\.
WPC 0413p/9459P
-3-
cY. :~-:?
3. Wi 11 there be any noise generated from the proposed project site or
from points of access which may impact the surrounding or adJacent
land uses? NJA.
4. Desclibe all energy consuming devices which are part of the proposed
project and the type of energy used (air conditioning, electrical
appliance, heating equipment, etc.) ,..JJ A
5. Indicate the amount of natural open space that is part of the project
(sq. ft. or acres) Nt A
6. If the project will result in any employment opportunities describe
the nature and type of these jobs. N I A
.
Will highly flammable or potentially
substances be used or stored
site? ~ I ~
8. How many estimated automobile trips, per day, will be generated by
the project? t-J I A
7.
explosive materials or
within the project
9. Describe (if any) off-site improvements necessary to implement the
project, and their points of access or connection to the project
site. Improvements Include but not limited to the following: new
streets; street widening; extension of gas, electric, and sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
rJ/A.
D. DESCRIPTION OF ENVIRONMENTAL SETTING
1. Geoloav
Has a geology study been conducted on the property?
(If yes, please attach)
Has a Soils Report on the project site been made?
(If yes, please attach)
.2. Hvdroloav
Are any of the following features present on or adjacent to the
site? ~ J A (If yes, please explain in detail.)
.
/'oJ/A
~I ^'
a. Is there any surface evidence of a shallow ground water
table? ~I A
b. Are there any watercourses or drainage improvements on or
adjacent to the site? "'::'J ^
WPC 0413p/9459P
-4-
-) c--:::>
c"":' .- ----' _________
c. Does runoff from the project site drain directly into or toward
a domestic water supply, lake, reservoir or bay?
r-J/A
.
d.
Could drainage from the site cause erosion or siltation to
adjacent areas? ~/)\
Describe all drainage facilities to be provided and their
location. ,..)/A
.
e.
3. Noise
a.
Are there any noise sources in the, project vicinity which may
impact the project site? ~_~
4. Bioloav
a. Is the project site in a natura' or partially natural state?
#oJ/A-
b. If yes, has a biological survey been conducted on the property? ~/~
Yes
No
(Please attach a copy).
c.
Describe
location,
any) wi 11
all trees and vegetation on the site.
height, diameter, and species of trees, and
be removed by the project. ~J ~
Indicate
which (if
5. Past Use of the land
a. Are there any known historical or archeological resources
located on or n~ar the project site? ~ ( ~
b. Are there any known paleontological resources?
~/4-
c. Have there been any hazardous materials disposed of or stored on
or near the project site? -.)/ A
.
d. What was the land previously used for?
..:::.)/\
.~/_ r.../J
C>( --> /
WPC 0413p/9459P
-5-
6. Current Land Use
a. Describe all structure$ and land uses currently existing on the
project site. N/~
b. Describe all structures and land uses currently existing on
adjacent property.
North N / f:,..
South
East
West
7. Social
a. Are there any residents on site? (If so, how many?)
NI^-
b. Are there any current employment opportunities on site? (If so,
how many and what type?) ~/ ~
8. Please provide any other information which may assist in the
evaluation of the proposed project.
..:::rk- p y1)~ ~ "Z-o \0'\' l ~ orelA V\.A.iIl c.J- ~ c..'/I.. /J. J\. ~ ,~
X~~ cI~+y-~'~ ~~I~.~~~
_ -k...L. ~ ~t~\A 00'.u:i i \1\ ~ I VlI:t:I..!t:::L
~~ CL~f>~CA-tr~V\ ~ A{~ :: a..;QJ2U~bu .
_ ~c.L-1.fVIeId- A (if ---1(" d.c~'lle dJ
~d- cL supho:.....
,.
C::;.C,5
WPC 0413p/9459P
-6-
E. CERTIFICATION
I,
or
Owner/owner in escrow*
I, _~ tllllV\ \1.U llQ...r-
Vw'v1'V\~ {ltVw.w~,
Consultant or Agent*
HEREBY AFFIRM, that to the best of my belief, the statements and information
herein contained are in all respects true and correct and that all known
information concerning the project and its setting has been included in this
application for an Initial Study of possible environmental impact and any
enclosures for attachments thereto.
DATE: I.::t. 'B
*If acting for a corporation, include capacity and company name.
WPC 0413p/9459P
-7-
q;~5 ~
ATTACHMENT TO MISCELLANEOUS REQUEST APPLICATION
Reauest Explanation: To amend the permitted uses in the I-P Zone
to include the lien sale of impounded vehicles. Such a use
includes, but is not limited to, the public auctioning and
private sale of vehicles which have been impounded pursuant to
the provisions of the California Civil Code and which are
thereupon sold in accordance with those provisions to satisfy any
and all liens upon such vehicles, including, but not limited to,
liens imposed for the cost of towing and storage.
~-~?
CITY DATA
Case No. /0- q3- (j;)Y
F. PLANNING DEPARTMENT
I.
Current Zonina on site:
North
South
East
West
~ w LOLi.
\,:
"-....
............
.-...
0<- T fJ ~ &"~L
Does the project conform to the current zoning?
2. General Plan land use
designation on site:
North
South
East
West
Is the project compatible with the General Plan Land Use DJagram? L.~
.[./ ( (nl 0 .U:, "c. -h./\L. '.LA.i ; I/:J . t ~ , ."--I..L
~w~
-......:.
............
"
Is the project area designated for conservation or open. space or adjacent
to an area so designated? "-)t...- " Jl.t-~ '4/-p-f.u!._I1-i<1L
Is the project located adjacent to any scenic routes?
(If yes, describe the design techniques being used to
the scenic quality of the route.)
AY,
protect or enhance
3. Schools
If the proposed project is residential, please complete the following:
Students
Generated
From Proiect
Schoo 1
Permanent Temporary Current
CaDacitv CaDacitv Enrollment
Elementary
Jr. High
Sr. High
4. Remarks:
Y){d~1UuL ~,1~
Director of Panning or Representative
~.tc.1--. Oi f [ I 9 93
Date
WPC 0413p/9459P
-8-
c:) .. :~?
Case No. ;8-CJ3-(Pej
H. FIRE DEPARTMENT
1.
What is the distance to the nearest fire station? AM what is the
Fire Department's estimated reaction time? It/! f',~c...
.
2.
Will the Fire Department be able to provide an adequate level of fire
protection for the proposed facility without an increase in equipment
or personnel? \JcS
{
,. ".t
'- J- I {' '.")
3.
<!'
? -
(l, \ ' ., f
.1'
( -h~--I~,-,~)
Fire Marshal
(/:;<.-;;</9-3
Date
WPC 0413p/9459P
-12-
"~ 0',(
II XI 'xl XJ XI ><1 :><I~ 'xJ
m~ ri
~
a I
i ~ .>>-t~ ao. o -1 to~ .O~ ,~
01101 "M c-:
-.. 0 .. ..
M$ I:: ~.. M 0 :: I 0
r; .... .. .. H..
_:~:o 1: &'" - - .
-. _ 0
E::~'t : (~ ~ i& ~il
'.1 ....i . 0 .i J! I r
=.. ~.
I- o oli -.:i -- :a
t;:i_J _0 . 1'" .. ..:.o~
. I.. ! .0 'i ,I.:
toO 1"_ 0.. k:~= Ii .~ - ,
'It; .&:;-= ... t =:
- !'f...... ~i ~ k'; .-
,! !:1' .::: f ,
'ii ..... 10... i . Ii -
-;'fi- j-= r :! . r.
- - - c.
c' t~..-= :! -E i .. "it- f
-.I ~ 0 . 0
OoU . - 0 ~~~ -
.' .. .Il; i uo!
$- .... !
M$ ctll .- 0" .... .. -- .-
. -'ig~..-= .eMO .. 0.. 1'0 J J! 0 .
t,; E u.t - -. .. -u
._ 0..- M ... . :; i~ ..
u_ WI WI.. Ie --$ t cO t --
c_ .. - "'.- M g'"; S .- . .. ~ ... .
-0 f-S:;;~: .. ...I, ... u t"; - U$
- t-...- - M$ J ;; .t~
.. ... ~1"'" 00- - .c.. 0 .. - ~
~'O 15~.t; -=:.2 M.... ;; 0$ ~ -.- .e__
...-. ,~ ~... cou ......$
-.) _::>.: ."j j
,; .,; Do - v .:" C .; .D .; - -..i ....J , .; ..
] j ..)- '"
- -.,I ~
- \ ~
~ -' ,
-. .;
... ...
i
, ~
j I II
~ XI )d )1'1 Xl
::> '! ~~
I
~ t a
0
-
.
! - .:.1 I ,~
II Ii f .. .. I'
0 I- ..1
- ..
.. :! XO
l .. ;; .. h
t;... ! - 0 .... ,
-. ,;:, --
I; .. -.. -.
- t - 1- 'DE 5-
\-' 0 . _t i'E ,Ii
.. M .
- ~. t ..0 I ::
I 1 -.. ..':;
.! dO - Ie 1= .0 E .
0 10
i! J - .... of
(, 0 f - ::..-=
- .e1l to ....
J r. t:- :! ~ of
0 0.. .: -=.!..
J~ .. c_
-.I - - - ! 0- H -t
- 0 - ~! ......
Eo !I! J - 0-
0 .. .. 0 "M
~ - .co !'~.... f.: -..
..- - 0$ ~'i.
o . ;; ..... -t=
- - o. &'h
.. &!; _ 0 .eo
.. - ....- - u co.. . ...-
. - o 0 0 1 ~
I I t o I :; --
.. - ..
.! o c n 0 .; .D .; .,; ..
co. - ... ::
-.. ~
- It.:
..;. oft .! ..... .:
- .. -0 ...
i
, - ,;:; . (,.,(' ~
.: -
iI XI XI xI YI~ " >-1 >1 '><.1
m~ If d
a '"
,0
o. _ o.~ =.: r i' ~ J .:=:r~ o.~ ~_.
.. . co ---.J .. :=1
.e. - c__ .! .iI-~
.! --- . - . .
&- . . -.. '-' i-1~ .
.... ~- ...... I~.I ..-
. .~ .& .... . ... = . c .& .!o;
- .... 0 .~ . " ~- - i;~
0 .. . ~o ~ ..
. ....:... t
r ..'! ...~ . . ..! ....
...~ ~-; ... . :",;:
h -,; - "'--- h 1;1
- ..",.&:.. !-. - ~&Ii...
- ":;; t M i r . I .::; .
. f h
f ... - - c u ... -..,- - --
. .. .I1! I~J - :"'C .. d rl;- .
. - -... "'It:
-......'" h .. ...
.. __II: ._ -. ... c! "I .: -
"t..: .. ~Oi .I ...1; .c
.I .1......1- ~. . - _u . ~_'!'5.f -.I
- _ 0 _ .r I.~ - ..0"_... .r o.
- !~o~
- _ft - - ...-"0
- ~ ..~1 - .. ~ -
~ 8" .. !~ ~. ,;; I"h ..-..-
. "g.. -- ~~ -= .0. -. II..;
-0. }._ 0 - 0 i f -::;; -.- }_O_
i. !,c~ ;. ~ g.~ .- ~;! ICE.. .. pi .- c
.,~!!;: ....
~...~f "'- . H - .:...~ e-~ .-.
- oc_ ~~2:t -' cc I:c.....
-' ,",,0_... .0" "'o-~o o. -.~ 0
- i
Ii
Ii: .. ... ..; ... i .. ... .. ..
...
~
;;
. '-' .; ~
Q
Z
~
iI
~d
2~
a
.0;
c.
~I
=1!
~.
.
11:
-..
e..:
0._
- ~
;:1
.
-E.
!Il.~
c.~
_. .
~..
... ...
...
Xj
/1
~
.
I
t:
I;
.
i
...
.
I~
.I]
-I;
-
c.
-.
.o.
I'll
-
~c
...-
!
.
--
-
...
I::
-.
-.
-
:1
:c;:
..;
...
/"J
..
.
-
I
II
i
"
.
.. "0'"
1=".
1;.'1 Ii
o&.E:
r... 'i M
..._0
..-
II; 'i
.... :I>
"'1.10_
':_co
~'t :
.0 _
-.'"
=.....1
c. .
- r
fllCJl~~
_c:.....
...-..-
=~i;~
u._ &-.D
=::.~;s
a._.....
..
,
>'
.!
--
r~
--
....
.II
:1
...
n
;;:1
..-
-~
-
-~
c.
.,;
/
1"-1
::
;:
~
o
I.~..
:.: ~o
=f:
..~ 0
-u
:1:;
-e':lt-
-,&.-
i.li-
~-
& :I c
~- -
.I~;..
__ 0
.~it;;
~ ..::s
..Ie:;
f--w-
........:.
e_...
...~..4.I
45111~=
i~
.
.Ii
-:::
-
...
-.
I.':;
-..
t-F
d
-.
.~
- .
=fii-=
~...
=I~
. -
hI
..
.&
><-1
o.
-.
..
r~
t~
..
I;i~
HO
..:
-~.
f'Z!
..
....
.-~
ro
; !
"'t1
11:-
w.~
.:
)<.1
<J
<.i
:;,
~
. ~
"
, ,";
~
.
=
.
I;
~
~
i
~
,;;; . t:.,(
-)
(1 ;:, ...J ~
~ J I,J
iii '<j'" \:' ><.' >;
m~ ..J ]
I~ )' ><1 I
~
a I~ I I
- i . ....... cc ~& ~
. : r; Ii .. -0
0 : :I~
f .-~~...
... -'1-.""
. .. r_~ .1 ~~ . .
! .I~-:::s:: ..~t
. 'i .. o.
0 "='&c1
~ . - fi~ c
..
. -..
.. ... M L"" ..-"" -c ......
. t ..- . ... p=
. i ~oi~ E:; .
- ;
- .. ,;= 0:;;' ..
>> . .. ,,-
~- 0"'..... :::II ..
M ~ _&> - 't (:; ..
~. .. t;:'2'1~ ~g-
.0- ..:; i
.: ..~ == . ....... ~t~
cB c Wli I- =
. >> . 8= o~ . =!c
~ -E .
...."E M~ .... -..
. i o ...._ ~ .!~~ a..
M M_ -=jg~: :.&
~.. .. &>.. ." ~
ts 't ..1- M ~~
~ ~:: ~ in 'J' I ... ""
) c~!~'O .,.s: _ c
- _c '= ...... ~
... ..J .- .
so; .. -' . -.. ,6
lU
"0 M 0 '" ~:: ;; .co
.. . ii . ... M .c- ..
.. .. .. -~ l~ ..
I J -' ~
~ ;;
.; ~ ..: ~
.. ...
i
~
iii
~:.I
2::1
a
xl
XI
-l
xJ ~
'<0.
.s
)(1
I
"
~
-
i-:
~~
..
.
'""
, "
.
M
i
i
...,
i
&
M
;::
-
M
E
.! -
.. ==
.. i
i!
_ r
. ..
! ~
-
~;j !:
>J ~ :: :
'\ -...J ~ :; j
;1;
'-", ~
\...:: ,""
-
G
!
..
M
;;
.
<i
~
]
'"'
..J
i
.~
....
.
I~
-.
..&
.
!~
..-
."
..-
.!Ii
'<
...
.
Eo;;
--
IE
...-
Ii
i .
...
i J ~
..
M
I -
..
,
-
I
~
..
~ --
=t
a.
..
--.i .~
~ E..
-~
..~ '
-
11
.
if
.....
.:
j ::i
.~
.
-..
..I
_M
. r c\
ea ...s
':! ~ oJ
1..-:;
.r
.
Be ~
!E~ ~ ~ ~ ~
-... 1"' <oJ., ~
-- ... rK:'
a:; ~ ~ .j
.:;= ~ j C;...
'.='1 ~ 'J
U! ~ H
: u j' _;
.
==
.
,
I;
~
i
i
~
~) .. c:., ck'.
iI
>1 xl xI
m~
a
U';
.&...~
...::-
-1: e
t~:
fe.
....~
.et
..,-.
.. ~..
-~-
==~ ....
... ~e.. !
. :
.0 .. -.::
.. ..... ..
t i>" ..
_ c g,.,. e...
t! ~
-'it:H!
....- ...
u....... 0
_....-...
--.
-e c ....:
lE.o..
~
.!
~
~
f
...
.
~
:f
~
-
1
oX
.;
JA
..;
:;
><.1
-
.
I
i
~
..
~
"'
t-
-
~
-
--
M_
.~
..
A..
.,;
,><1 xl
-
.
~
-
-
..
~
t
!
.! --
.
-
! i
. -
J i
... ::
~ .g
- -
~ ';~
:r
t ...
'" .;
'XI
><,J
I
I
.
-
"':
A.
..
~
~
~
i
~
"'-
~ -
iI " XI x-I >t )<.\-j I-
I ..oJ I ~
~~ 0 ~ xl ~ ~ H ,
2 ,
'-! J ,.)
J ""
I~ '"
a I .J ~
"
-.. ! - I'~ ! .. I; t
I:~ . _r :1
I --
. 'H - I~
':;1: :; - -
'; E .
i .... . .-
-1 - ... . .. -" V1
-. -
- I'~ -;:. -
. a f -. -h
t ... 'EI ""-.J
l~ - -
:! -0 ie :: ""
- ~. ... 2
I ';1: _I _I . ..
f - f" - ..- .
i= .J I:~ ..I I --
.. It': .
~. ;i !=- .. . .-
-. It ! ... .. . Ii,
~ ~ ....
- rl' - ~ c-
.; -.. -11 ... -~
- - I. .. I- I;:
--- :! --
a-Z -. it -~ -. ..
-- .- ... .. . ..
i: .~ ..- .-.. ... .-
..~ 1:;: ..- 1;"0 .... t~
Ji .e .
. .~ !~ d1 .... U
're ;- .. --
r-.! ,~ "'. c... c.
-~~
j--
-;;:g . .; JA ..; .,; ,; ..: I;
.. ..
l~ ~
= :2 ~
...
i
~ ~
cY ,.d2.-7
~
t
~
.
t
t
:
.-
0-
...
.
.f
if
11-
~'B
e_
;;~
&-
-
.
~
c~ ~
I ~ "
'-- .......:
..
~
s
c5
-.
~
,;
. ...\
]~
~
..:
It!
., ~....
Jio
.-
.!I;I
. -
="!f'oo
t.... !>
I!!~ t'
-I:.!
..c _
- -
. .
_ .
~r....
..-.....
...._ u
""..~...
'1_ '='":::1
M:t:=
JA
iii XI )(I ><-1 >'-.1 .
m~ I
a I
~.~ .. . _.&- 1'.1
lo! .u.
~.. ~ --~ -~
00 ii~ ~
~ ~;!! ::..
::1= .-- ~ 0 ,,-
_.& ~i.i ~.u ..&
- r ~
:::~ .. .f. u ~'i
...- ..
0- ~.. .. .."'.i or:
-- o;-'t
e~ - ";:-
_..D :-.
~ r-'::... . r:.~ ~
_.10"... --- =~!: _1!e
:.. .: _.1.&:.: -..
.- - -..- ....
f~ '; .... ..
- J=~: I:: (=~
.: .... . ~t
0 .. -.1;",.
r u_ .. :.: 0_
~g! f .I 't.- ..
~.: !: ':; J--
.._0_ _O~ D.
__0 ...... ~ ..1i: ~ _0_
- .-. UM_ --
: ~- . __ U "'" . ....
_..~..::: ~ ='"f e - -" --.
- =~t~ .! ,,- ---
-.1:..... ,Si: ae~
. :a.. A. aAo._
~
..
:; .. ... .. .. L
II:
.; i
N
i
~
iii ><J '<I J,
.! -\ ~,
m~ 0 I
" j
a I .'j
..- ::: iiI' - ~!:=-
..~ . 'Z! ::
-. - - . ~. =.:-
I;i e I _ U
-~ -
ia ." ~ I: 0 at 0-
H" i -..
- ." t. .& tC:..
-~ . .- ..,I..... 0"
- .: ::1 i..
.0 f ~'Z :I .......; - ~
-... o~_
(~ -. (u-c: ("- .
.N ---'"
J2 . c:- - :;-1: N
1 ....~ N
J! ~...Oi. J!it .
!.... ~ ~.. .1:,,01.
- .. .... .;:;.. ~ -
.. - .- - .
-.. a .~~ "''Z ;:,;=el ;:!!
:;:u o _ ..
0 H aitu. - ~
.. -. . "It
.J! -5 I=~ ;: ::;.:!=
---
- ~... -- ..~.. c- i..t
.- J ..- to;;
... .. e-c: .. ~ "
- - .. ~I ...J! -"0- .. ji!
J...~ ii"=i
_uu jji -";:
r- .. c..
1''0 .. ... ,PI-:= ..I< !:
_L ~ to ..
i ..: ~ i
-
i
c9 I." ? ~
~ .. -
,
z
i-
~-
",F
~.~
~
~ r;;
~~
f" r:. Ij.
}~
:. ,-'
~r" i
KI
"",...- ..
rt
'i':i-
r::>
,..
'}
r"
'f'
!.I.:'S'
... ...11
r~~-
~......
....~
- ...
~ ~-..
..~"1
_~~O
foe,"".,!
--::;...
-
il ^ =-
- I:
H=g
~"~I~
1':
-.
.B ::..
~~~
.j-L..
!"
...1'1...."'.9
..I'~ ':3&01.
=-... ...-I! ..
~.I.~~III= ..
-_a;~........ ..
".01 . --.
1101 U.
..".... 41--"2
.:.....i'i "''C'C~cI
1IIt;::11 a._
I..~_ i~
:: -I",::"
ea.;"'~I"1'
. ~s."":' :
0_1" 1'_
I~.~"",,--
c..:: 11;.!,w
-,ifc~ -~_
~..!..r 0 ~z.:l
o ~....
~Eii. ..
-o=~.,_rn
..~. ...:.o....~
1--<
!'
--.....-g...~~
,., ~_I c :'0.
..I_n.._. ..
. :t:rn i...
...._ .. c.....
:r.....o .":r
.., -1"1 :=I:r.
.eno ..-
~ -c#;:'':t..
..- ;z ....,
cl) ...- ~
01 _ _I' .
. """ t I"
-..- ..
-1..--
=-...0 :-
!.o:~."'.:..:
:""1 .
.. - i..
!I~" . . if
&-.~....-
Ii .. 1'2 ~t
. _.,.0....
Ir~..':'.:.. ..
I ~- ... ..
-.~.:"J..-
::.:"...!If!.
1><
1"
!' ~
O!.!I;Z".M1M~.~~ I
.. =Q....I:::'U'I;.~oll
'a0....... .....~^__ ..
OJ" ;;.~:!.. ;;~..=:I...
~l:...n-..:;II...... .""if g
- ..:1......--. lID
::..,-& ::--.11 ..
00_" no....~. ~
..... if _. -:I -
~"'t. 2._...; .. ~ I.
o::1=.,i!L .0 -=-"111 i
~.:=II.~ :: .. ..r.. ';I
:;11".1."- ..
,.," iI -.. a. ~. .. .
- ... ::I...=~ .. ...
::'.0 ....=. 'Ii;..::::::'I: '"
=:;- ..:.~ .. ~~ ..-
01 .. .--..
!.C.J!lJ!:~""~i' :;
_M_ -, i.."
...1;.1 i !.!.c:.~ .i
=...-~..: a:a:~: a
.. - tot__ ...
~;o".I..!.::;::;;;=
.......'-0......._
k
c9~ c"c,7
a
~~
I!
.
ill. Determination
(To be completed by the Lead Agency.)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.......[)()C]
I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because the mitigation measures described on an attached
sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION
WILL BE PREPARED....................................................[ ]
I find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required........[ ]
._;) .~ (;. '1?:>
Date
11 . \ 1'-1 W~
Signature
For p. ru..J
WPC 0413p/9459P
-25-
c.Q .. i. 8
.
DE MINIMIS FEE __rERMINATION
(Chapter 1706, Statutes of 1990 - AB 3158)
--X- It is hereby found that this project involves no potential for
any adverse effect, either individually or cumulatively on
wildlife resources and that a "Certificate of Fee Exemption"
shall be prepared for this project.
_ It is hereby found that this project could potentially impact
wildlife, individually or cumulatively and therefore fees in
accordance with Section 711.4 (d) of the Fish and Game Code
shall be paid to the County Clerk.
'''}1t hi.CU \
Environmental Review Coordinator
d'~b' '73
Date
'.
WPC 0413p/9459P
-26-
c..Y' ie. '7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 19.04, 19.46 AND 19.58 OF THE MUNICIPAL CODE TO
ALLOW THE LIEN SALE BY AUCTION OF IMPOUNDED
AUTOMOBILES IN THE I-P ZONE SUBJECT TO A CONDITIONAL
USE PERMIT
WHEREAS, the I-P (General Industrial-Precise Plan) Zone does not specifically address
automobile auctions as either a permitted or conditional use, and
WHEREAS, pursuant to the Siroonian Settlement Agreement ("Agreement"), the City
agreed to process a text amendment to consider '''the lien sale of impounded vehicles' to occur
in an I-P designated zone subject to securing a conditional use/special permit" (Item II.B, page 6
of the Agreement)(Project), and
WHEREAS, on April 21, 1993, the Planning Commission approved Resolution
PCA-93-01 to recommend that Council enact the proposed text amendment by the vote of _ to
_, and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-93- 24,
of potential environmental impact associated with the proposal Project and has concluded that
there would be no significant environmental impacts, and recommends adoption of the Negative
Declaration issued on IS-93-24, and
NOW, THEREFORE, The City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That the Project, PCA-93-01, will have no significant environmental
impacts, and the City Council of the City of Chula Vista hereby adopts the Negative Declaration
issued on IS-93-24.
SECTION II: The City Council hereby finds that the public convenience justifies
the proposed text amendment and is in substantial confonnance with the General Plan of the City
of Chula Vista, and that the Planning Commission has duly considered and reported on same.
SECTION III: That Section 19.04.015 is added to the Chula Vista Municipal Code
to read as follows:
Section 19.04.015 Automobiles, Lien Sale by Auction of Impounded
"Automobiles, Lien Sale by Auction of Impounded" means the lien sale of impounded
automobiles from an Automobile Impound Yard by auction, pursuant to the California Civil
Code or Vehicle Code, as appropriate.
,S? ? 0
Ordinance No.
Page 2
SECTION IV: That Section 19.04.17 is added to the Chula Vista Municipal Code
to read as follows:
Section 19.04.017 Automobile Impound Yard
"Automobile Impound Yard" means a place used for the temporary storage of vehicles which
have been impounded pursuant to the provisions of the California Vehicle Code.
SECTION V: That Section 19.46.040 of the Chula Vista Municipal Code IS
amended to read as follows:
19.46.040 Conditional uses.
Conditional uses in an I district include:
A. Motels;
B. Restaurants;
C. Service stations, subject to the provisions of Sections 19.58.280;
D. The retail sale of such bulky items as furniture, carpets and other similar items;
E. Retail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale
of goods and, retail uses which are related to, and supportive of existing, on-site retail
distribution centers or manufacturers' outlets. Conditional use permit applications for
the establishment of retail commercial uses, covered by the provisions of this subsection,
shall be considered by the city council subsequent to its receipt of recommendations
thereon from the planning commission;
F. The following uses covered by this subsection, shall be considered by the city council
subsequent to its receipt of recommendations thereon from the planning commission:
1. Brewing or distilling of liquor, or perfume manufacture,
2. Meat packing,
3. Large scale bleaching, cleaning and dyeing establishments,
:\HOME\PLANNING\MARTIN\AUTOAUCT\9301 CC .ORD
..;;?-?/
Ordinance No.
Page 3
4. Railroad yards and freight stations,
5. Forges and foundries,
6. Automobile salvage and wrecking operations, and industrial metal and waste rag,
glass or paper salvage operations; provided, that all operations are conducted
within a solid screen not less than eight feet high, and that materials stored are
not piled higher than said screen;
G. Any other use which is determined by the commission to be of the same general
character as the above uses;
H. Unclassified uses, as provided in Chapter 19.54.
I. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
J. Recycling collection centers, subject to the provisions of Section 19.58.340.
K. Hazardous waste facilities, subject to the provisions of Section 19.58.178
L. Automobiles. Lien Sale bv Auction of Impounded. as defined in Section 19.04.015.
subiect to the provisions of Section 19.58.075. and onlv where the "P" Precise Plan
modifier has been applied.
SECTION VI: That Section 19.58.070 of the Chula Vista Municipal Code is
amended to read as follows:
19.58.070
Automobile sales facilities.
Automobile sales facilities, new> aOO used, and bv auction. shall provide castomer
off street parking eqaal to ORe teHth of the car storage capacity of the facility, with ingress and
egress designed to minimize traffic congestion, and shall provide a six-foot high masonry wall
separating the entire area from abutting residential property. Said wall may be replaced with
a fence subject to department approval.
SECTION VI1: That Section 19.58.075 is added to the Chula Vista Municipal
Code to read as follows:
19.58.075
Automobiles, Lien Sale by Auction of Impounded
: \HOME\PLANNlNG\MARTIN\A UTOA UCT\9301 CC .ORD
.;) . ') q:>
Ordinance No.
Page 4
A. Use shall only be allowed in the I-P (General Industrial-Precise Plan) Zone.
B. Auctions shall be held a maximum of once per week with a minimum of one week
between auctions.
C. Auctions shall be held between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday. Weekend auctioning is prohibited.
D. If the auction area is located 1,000 feet or less from any residential or commercial area,
the conditional use permit shall prohibit the use of outdoor loud speakers.
E. Auctions shall be conducted within a completely enclosed building of sufficient size to
handle anticipated crowds and store automobiles that are to be auctioned.
F. The repair or dismantling of automobiles by purchasers on-site is prohibited.
G. Customer parking is discouraged on adjacent public streets. The conditional use permit
shall address and provide adequate on-site parking in accordance with Section 19.62.050
of the Municipal Code.
H. All areas designated for customer and employee parking shall be paved and striped to the
satisfaction of the Traffic Engineer and the Landscape Architect.
SECTION VIII: That Section 19.62.050 of the Chula Vista Municipal Code is
amended to read as follows:
19.62.050 Number of spaces required for designated uses.
The number of off-street parking spaces required shall be as set forth in the
following:
Businesses or use and number of spaces required
1. f.Htomobile or machiHery sales aHd service garages (See SectioH 19.58.070):
I for eaeh 100 sq. ft. of floor area;
L Automobile sales facilities. new or used. (See Section 19.58.070):
1 for each 400 Sq. ft. of gross floor area. or !/IO of the maximum car
storage capacitv. whichever is greater:
:\HOME\PLANNING\MARTIN\A UTOA UCT\930ICC, ORD
Q}, ?3
Ordinance No.
Page 5
2.... Automobile repair and service garages:
1 for each 400 sa. ft. of floor area:
.1. Automobiles, lien sale bv auction of impounded:
1 for each 1.000 square feet of net lot area:
NOTE: For purposes of this sub section, "net lot area" means the area of the
parcel exclusive of setbacks. slopes, easements, or reauired right-of-wav
dedication. It is, in effect. the usable area of the parceL
~. Banks and savings and loans:
I for each 200 sq. ft. of floor area; minimum of 5;
:;~. Bowling alleys:
5 for each alley;
4Q. Business and professional otIices:
1 for each 300 sq. ft. of gross floor area; minimum of 4;
'jl. Car wash (coin-operated) self-service, or attendant-operated:
3 for each stall, plus I for each employee;
e)'i. Children's homes:
I for each 4 beds plus I for each employee;
12. Churches and private schools:
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats;
whichever is greater;
&10. Dance halls and assembly halls without fixed seats, exhibition halls, except
church assembly rooms in conjunction with auditorium, nonprofit clubs and
lodges:
1 for each 50 sq. ft. of floor area used for assembly or dancing;
911. Dwellings, single-family, duplex:
2 for each family or dwelling unit, both spaces shall be in a garage with
a minimum area of 400 sq. ft. (See Chapter 19.22 for remodeling of
garages.) ;
lO12. Dwellings, townhouses:
: \HOME\PLANNING\MARTIN\A VTDA UCT\9301 CC .ORD
;;?1)1
Ordinance No.
Page 6
2 for each dwelling unit; both spaces shall be in a garage or carport, a
minimum area of 400 sq. ft.;
+lU. Dwellings, multiple:
1-1/2 per unit for each studio or I-bedroom apartment;
2 per unit for each 2-bedroom apartment;
2 per unit for each 3-bedroom or larger apartment; *
For every 10 parking spaces required, 1 of this total may be a "compact"
space;
NOTE: No parking space shall be located within twenty feet of any curb return
of intersection streets; or eight feet of any side property line, unless approved by
the city traffic engineer.
H14. Funeral homes, mortuaries:
1 for each 4 seats of the aggregate number of seats provided III all
assembly rooms of the mortuary;
H12. Furniture and appliance stores; household equipment or furniture repair shop:
1 for each 600 sq. ft. of floor area;
!416. Hospitals:
1-1/2 for each bed;
HI? Nursing homes and convalescent hospitals and homes for aged:
1 for each three beds;
MIS. Houseboats:
See dwellings, subsection 9 above;
+719. Hotels, motels, motor hotels:
1 space for each living or sleeping unit, plus 1 space for every 25 rooms
or portion thereof to be provided on the same lot as use;
20. Machinerv sales and service garages:
1 for each 400 sa. ft. of floor area:
:\HOME\PLANNING\MARTIN\A UTOA UCT\9301CC .ORD
d' /3
Ordinance No.
Page 7
+&;U. Manufacturing plants, research or testing laboratories, bottling plants:
1 for each 1-112 persons employed at anyone time in the normal
operation of the plant or 1 for each 800 sq. ft., whichever is greater;
1922. Medical and dental clinics or offices:
1 for each 200 sq. ft. of gross floor area; minimum of 5;
;!G23. Mobilehome parks:
2 spaces on each pad, 113 guest space per mobilehome located within 400
feet of the farthest unit, and at the community center-I space for each 5
pads up to 50 pads and I space for each 10 pads thereafter;
'2+24. Restaurants, bars and night clubs:
I for each 2-112 permanent seats, excluding any dance floor or assembly
area without fixed seats which shall be calculated separately as one space
per 50 sq. ft. of floor area;
~25. Restaurants - Drive-in, take-out, snack stands:
15 spaces (minimum);
R26. Retail stores, shops, etc., except as provided for furniture stores, in 13 above:
I for each 200 sq. ft. of floor space;
;;427. Rooming and lodging houses:
1 for each bedroom;
U28. Schools:
Elementary - 1 per teacher or employee, plus 5 spaces,
Jr. High - I per teacher or employee, plus 5 spaces,
High - I per 4 students;
;;!629. Sports arenas, auditoriums, theaters, assembly halls and meeting rooms:
I for each 3-112 seats of maximum seating capacity;
;p.30. Wholesale establishments, warehouses, service and maintenance centers,
communication equipment buildings:
I for each 1-112 persons employed at one time in the nonnal operation of
the establishment, or 1 for each 1,000 sq. ft., whichever is greater.
: \HOME\PLANNING\MARTIN\A UTOAUCT\9301 CC .ORD
d... r;?
Ordinance No.
Page 8
In computing parking requirements, a resultant fractional space of one-half shall
count as a full space.
NOTE: In the case of any building, structure or premises, the use of which is
not specifically mentioned herein, the provisions for a use which is mentioned and
to which said use is similar, in the opinion of the commission, shall apply.
SECTION IX: This Ordinance shall take effect and be in full force and effect on
the thirtieth day from and after its adoption.
Presented by
Approved as to fonn by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
"\HOME\PLANNING\MARTIN\A UTOA UCT\9301 cc .ORD
,;'), ??
RESOLUTION NO. PCA-93-0l
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF AN AMENDMENT TO CHAPTERS 19.04, 19.46 AND
19.58 OF THE CHULA MUNICIPAL CODE RELATING TO
AUTOMOBILE AUCTIONS
WHEREAS, the I-P (Industrial-Precise Plan) Zone does not specifically address
automobile auctions as either a permitted or conditional use, and
WHEREAS, the Planning Director set the time and place for a hearing on a proposed
amendment to allow such automobile auctions subject to a City Council approved conditional use
permit, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.
on April 21, 1993 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed, and
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED
AT THE HEARING, the Planning Commission:
1. Finds that the Project would have no significant environmental impacts and adopts
the Negative Declaration issued on IS-93-24; and
2. Recommends that the City Council enact the draft City Council Ordinance
amending Title 19 of the Municipal Code attached hereto and made a part hereof.
That a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 21st day of April, 1993 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Susan Fuller, Chairman
ATTEST:
Nancy Ripley, Secretary
Planning Commission
AUTOAUCT\9301 PC. RES
';;;.?B
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 19.04, 19.46 AND 19.58 OF THE MUNICIPAL CODE TO
ALLOW THE LIEN SALE BY AUCTION OF IMPOUNDED
AUTOMOBILES IN THE I-P ZONE SUBJECT TO A CONDITIONAL
USE PERMIT
WHEREAS, the I-P (General Industrial-Precise Plan) Zone does not specifically address
automobile auctions as either a pennitted or conditional use, and
WHEREAS, pursuant to the Siroonian Settlement Agreement ("Agreement"), the City
agreed to process a text amendment to consider '''the lien sale of impounded vehicles' to occur
in an I-P designated zone subject to securing a conditional use/special permit" (Item II.B, page 6
of the Agreement)(Project), and
WHEREAS, on April 21, 1993, the Planning Commission approved Resolution
PCA-93-01 to recommend that Council enact the proposed text amendment by the vote of _ to
_, and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-93- 24,
of potential environmental impact associated with the proposal Project and has concluded that
there would be no significant environmental impacts, and recommends adoption of the Negative
Declaration issued on IS-93-24, and
NOW, THEREFORE, The City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That the Project, PCA-93-OJ, will have no significant environmental
impacts, and the City Council of the City of Chula Vista hereby adopts the Negative Declaration
issued on IS-93-24.
SECTION II: The City Council hereby finds that the public convenience justifies
the proposed text amendment and is in substantial conformance with the General Plan of the City
of Chula Vista, and that the Planning Commission has duly considered and reported on same.
SECTION III: That Section 19.04.015 is added to the Chula Vista Municipal Code
to read as follows:
Section 19.04.015 Automobiles, Lien Sale by Auction of Impounded
"Automobiles, Lien Sale by Auction of Impounded" means the lien sale of impounded
automobiles from an Automobile Impound Yard by auction, pursuant to the California Civil
Code or Vehicle Code, as appropriate.
.::? . ?,?
Ordinance No.
Page 2
SECTION IV: That Section 19.04.17 is added to the Chula Vista Municipal Code
to read as follows:
Section 19.04.017 Automobile Impound Yard
"Automobile Impound Yard" means a place used for the temporary storage of vehicles which
have been impounded pursuant to the provisions of the California Vehicle Code.
SECTION V: That Section 19.46.040 of the Chula Vista Municipal Code IS
amended to read as follows:
19.46.040 Conditional uses.
Conditional uses in an I district include:
A. Motels;
B. Restaurants;
C. Service stations, subject to the provisions of Sections 19.58.280;
D. The retail sale of such bulky items as furniture, carpets and other similar items;
E. Retail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale
of goods and, retail uses which are related to, and supportive of existing, on-site retail
distribution centers or manufacturers' outlets. Conditional use permit applications for
the establishment of retail commercial uses, covered by the provisions of this subsection,
shall be considered by the city council subsequent to its receipt of recommendations
thereon from the planning commission;
F. The following uses covered by this subsection, shall be considered by the city council
subsequent to its receipt of recommendations thereon from the planning commission:
1. Brewing or distilling of liquor, or perfume manufacture,
2. Meat packing,
3. Large scale bleaching, cleaning and dyeing establishments,
:\HOME\PLANNING\MARTIN\A UTQA UCT\9301 cc. ORD
c? . ;?(,
Ordinance No.
Page 3
4. Railroad yards and freight stations,
5. Forges and foundries,
6. Automobile salvage and wrecking operations, and industrial metal and waste rag,
glass or paper salvage operations; provided, that all operations are conducted
within a solid screen not less than eight feet high, and that materials stored are
not piled higher than said screen;
G. Any other use which is determined by the commission to be of the same general
character as the above uses;
H. Unclassified uses, as provided in Chapter 19.54.
I. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
J. Recycling collection centers, subject to the provisions of Section 19.58.340.
K. Hazardous waste facilities, subject to the provisions of Section 19.58.178
L. Automobiles. Lien Sale bv Auction of Impounded. as defined in Section 19.04.015.
subiect to the provisions of Section 19.58.075. and onlv where the "P" Precise Plan
modifier has been applied.
SECTION VI: That Section 19.58.070 of the Chula Vista Municipal Code is
amended to read as follows:
19.58.070
Automobile sales facilities.
Automobile sales facilities, new. !IflE! used, and bv auction. shall provide eHstomer
off street parking equal to one tenth of the car storage capacity of the faeility, with ingress and
egress designed to minimize traffic congestion, and shall provide a six-foot high masonry wall
separating the entire area from abutting residential property. Said wall may be replaced with
a fence subject to department approval.
SECTION VII: That Section 19.58.075 is added to the Chula Vista Municipal
Code to read as follows:
19.58.075
Automobiles, Lien Sale by Auction of Impounded
:\HOME\PLANNING\MARTIN\A UTOA UCT\930 1 CC. ORD
.~ 01
Ordinance No.
Page 4
A. Use shall only be allowed in the I-P (General Industrial-Precise Plan) Zone.
B. Auctions shall be held a maximum of once per week with a minimum of one week
between auctions.
C. Auctions shall be held between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday. Weekend auctioning is prohibited.
D. If the auction area is located 1,000 feet or less from any residential or commercial area,
the conditional use peffilit shall prohibit the use of outdoor loud speakers.
E. Auctions shall be conducted within a completely enclosed building of sufficient size to
handle anticipated crowds and store automobiles that are to be auctioned.
F. The repair or dismantling of automobiles by purchasers on-site is prohibited.
G. Customer parking is discouraged on adjacent public streets. The conditional use peffilit
shall address and provide adequate on-site parking in accordance with Section 19.62.050
of the Municipal Code.
H. All areas designated for customer and employee parking shall be paved and striped to the
satisfaction of the Traffic Engineer and the Landscape Architect.
SECTION VIII: That Section 19.62.050 of the Chula Vista Municipal Code is
amended to read as follows:
19.62.050 Number of spaces required for designated uses.
The number of off-street parking spaces required shall be as set forth in the
following:
Businesses or use and number of spaces required
1. f.utomobile or machinery sales and service garages (See Section 19.58.070):
1 for each 400 sq. ft. of floor area;
L Automobile sales facilities. new or used. (See Section 19.58.070):
1 for each 400 sa. ft. of gross floor area. or 1/10 of the maximum car
storage ca1,)acitv. whichever is greater:
"\HOME\PLANNING\MARTIN\A UTOAUCT\9301 CC .ORD
. '). <7 ..:/.
c;;Y v ~__
Ordinance No.
Page 5
~ Automobile repair and service garages:
1 for each 400 Sq. ft. of floor area;
~ Automobiles. lien sale bv auction of impounded:
1 for each 1.000 SqUare feet of net lot area;
NOTE: For purposes of this sub section. "net lot area" means the area of the
parcel exclusive of setbacks. slopes. easements. required rig.ht-of-wav dedication
or other constraints which would preclude use of the land. It is. in effect. the
usable area of the parceL
~. Banks and savings and loans:
1 for each 200 sq. ft. of t100r area; minimum of 5;
~,2. Bowling alleys:
5 for each alley;
4fi. Business and professional offices:
1 for each 300 sq. ft. of gross floor area; minimum of 4;
fJl. Car wash (coin-operated) self-service, or attendant-operated:
3 for each stall, plus 1 for each employee;
e~. Children's homes:
1 for each 4 beds plus 1 for each employee;
12. Churches and private schools:
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats;
whichever is greater;
&10. Dance halls and assembly halls without fixed seats, exhibition halls, except
church assembly rooms in conjunction with auditorium, nonprofit clubs and
lodges:
1 for each 50 sq. ft. of floor area used for assembly or dancing;
911. Dwellings, single-family, duplex:
2 for each family or dwelling unit, both spaces shall be in a garage with
a minimum area of 400 sq. ft. (See Chapter 19.22 for remodeling of
garages.);
"\HOME\PLANNING\MARTIN\A UTOAUCT\9301 CC .ORD
,;(. 2'3
Ordinance No.
Page 6
M12. Dwellings, townhouses:
2 for each dwelling unit; both spaces shall be in a garage or carport, a
minimum area of 400 sq. ft.;
HU. Dwellings, multiple:
1-1/2 per unit for each studio or I-bedroom apartment;
2 per unit for each 2-bedroom apartment;
2 per unit for each 3-bedroom or larger apartment; *
For every 10 parking spaces required, 1 of this total may be a "compact"
space;
NOTE: No parking space shall be located within twenty feet of any curb return
of intersection streets; or eight feet of any side property line, unless approved by
the city traffic engineer.
~14. Funeral homes, mortuaries:
1 for each 4 seats of the aggregate number of seats provided in all
assembly rooms of the mortuary;
H15. Furniture and appliance stores; household equipment or furniture repair shop:
1 for each 600 sq. ft. of floor area;
4416. Hospitals:
1-112 for each bed;
H17. Nursing homes and convalescent hospitals and homes for aged:
1 for each three beds;
M18. Houseboats:
See dwellings, subsection 9 above;
+119. Hotels, motels, motor hotels:
1 space for each living or sleeping unit, plus 1 space for every 25 rooms
or portion thereof to be provided on the same lot as use;
20. Machinery sales and service garages:
1 for each 400 Sq. ft. of floor area:
: \HOME\PLANNING\MARTIN\AUTOAUCT\930l CC .ORD
,;..; g J-j
Ordinance No.
Page 7
M21. Manufacturing plants, research or testing laboratories, bottling plants:
I for each 1-1/2 persons employed at anyone time in the normal
operation of the plant or 1 for each 800 sq. ft., whichever is greater;
.}922. Medical and dental clinics or offices:
1 for each 200 sq. ft. of gross floor area; minimum of 5;
:W23. Mobilehome parks:
2 spaces on each pad, 1/3 guest space per mobilehome located within 400
feet of the farthest unit, and at the community center-l space for each 5
pads up to 50 pads and 1 space for each 10 pads thereafter;
:6+24. Restaurants, bars and night clubs:
1 for each 2-1/2 pennanent seats, excluding any dance floor or assembly
area without fixed seats which shall be calculated separately as one space
per 50 sq. ft. of floor area;
'6!25. Restaurants - Drive-in, take-out, snack stands:
15 spaces (minimum);
~26. Retail stores, shops, etc., except as provided for furniture stores, in 13 above:
1 for each 200 sq. ft. of floor space;
'M27. Rooming and lodging houses:
1 for each bedroom;
;!328. Schools:
Elementary - 1 per teacher or employee, plus 5 spaces,
II. High - 1 per teacher or employee, plus 5 spaces,
High - 1 per 4 students;
2629. Sports arenas, auditoriums, theaters, assembly halls and meeting rooms:
1 for each 3-1/2 seats of maximum seating capacity;
:&730. Wholesale establishments, warehouses, service and maintenance centers,
communication equipment buildings:
1 for each 1-1/2 persons employed at one time in the normal operation of
the establishment, or 1 for each 1,000 sq. ft., whichever is greater.
: \HOME\PLANNING\MARTIN\AUTOAUCT\9301 CC .ORD
-') ~.C
c:>f .- ;;::,.-:-'
Ordinance No.
Page 8
In computing parking requirements, a resultant fractional space of one-half shall
count as a full space.
NOTE: In the case of any building, structure or premises, the use of which is
not specifically mentioned herein, the provisions for a use which is mentioned and
to which said use is similar, in the opinion of the commission, shall apply.
SECTION IX: This Ordinance shall take effect and be in full force and effect on
the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
:\HOME\PLANNING\MARTIN\A UTOA UCT\9301 CC. ORD
c';;;
<:-,. -
6c;.,