HomeMy WebLinkAboutPlanning Comm Reports/1993/10/27 (5)
City Planning Commission
Agenda Item for Meeting of October 27, 1993
Page #1
3,
PUBLIC HEARING:
PCA-93-01 - Consideration of additions to and amendments
of portions of Title 19 of the Municipal Code to allow
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 City
agreed to process 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/special permit" (Item
II,B, page 6 of the Agreement), This was first applied to the property occupied
by A-Z Metro Towing, an impound yard where the lien sale of such autos takes
place, A text amendment and conditional use permit were needed to bring this
use and property into conformance with City regulations,
2, At its meeting of June 9, 1993, the Planning Commission referred the earlier,
narrowly defined text amendment back to staff after receiving a letter dated June
9, 1993 from and hearing testimony in opposition to the proposed amendment by
Ms, Rebecca Michael of Peterson & Price, representing Jim and June
McCormack, the owners of property located at 880 Energy Way (Attachment
"B"), The gist of the objection was that several auction businesses, including the
McCormack's, have been operating along Energy Way for a number of years,
along with A-Z Metro Towing, and the narrow wording of the text amendment
does not address these other businesses and would render them non-conforming,
The Planning Commission agreed that the definition used in the June 9, 1993
draft amendment is too narrow and would unnecessarily render these other similar
businesses non-conforming without any apparent basis for treating them
differently than A-Z Metro Towing, To avoid such a circumstance, the original
definition developed by staff is revisited in this report per Planning Commission
direction and expanded to include these other uses, The expanded definition
encompasses the lien sale of impounded automobiles, large heavy equipment
items, and other items usually auctioned by businesses along Energy Way,
3, An Initial Study, IS-93-24, of possib)e adverse environmental impacts of the
project has been conducted by the Environmental Review Coordinator (ERC) ,
The ERC concluded that there would be no significant environmental effects and
recommends that the Negative Declaration, and addendum attached thereto, be
adopted,
City Planning Commission
Agenda Item for Meeting of October 27, 1993
Page #2
B, RECOMMENDATION
1, Based on the Initial Study and comments on the Initial Study and Negative
Declaration, find that this project will have no significant environmental impacts
and adopt the Negative Declaration issued on IS-93-24, and the addendum
attached thereto,
2, Adopt the Resolution recommending that the City Council add to and amend
portions of 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 settlement 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 the Zoning Ordinance, The City, however,
is not committed to approving any text amendment by the agreement, only to processing
it. Item ILC, Condition Precedent No, I, on page 6 of the Settlement states:
"Condition Precedent No, I. 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 implement the Lien
Sale Zone Text Change,"
Suggested Changes to the Original Draft Ordinance
In the letter dated June 9, 1993 (Attachment "B"), Ms, Michale suggests several changes
to the original draft ordinance, Some of these changes are incorporated into the draft
ordinance, others are not. The main difference is that the definition has been broadened
to simply "Auction," as opposed to the "Lien Sale by Auction of Impounded
Automobiles, " The new definition includes the auctioning of vehicles of all sorts,
including heavy machinery, and general equipment. The exact nature and extent of
auctioned items would be subject to review and approval with the permit,
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City Planning Commission
Agenda Item for Meeting of October 27, 1993
Page #3
Another change has been incorporated which will allow auctioning one day a week, any
day of the week, rather than just Monday through Friday, To do otherwise may appear
to provide some special privilege toward or be prejudicial against certain religious
groups, Also, assuming there are proper controls, weekend auctioning should not
represent an adverse impact,
The previous version also included a requirement that auctioning take place in a building,
Since outdoor auctioning has been going on for a number of years with no adverse
impacts, this requirement has been removed, The proposed auction standards also
include restrictions on outdoor loud speakers,
In a separate letter dated June 24, 1993, Ms, Michael suggests that the definition of
"Auction" be limited to "equipment" as opposed to "general merchandise," as was
discussed at the public hearing (see also Attachment "B"), The letter states that the use
of "equipment" "should response to and satisfy the Commissioners' concerns and still
encompass the vast majority of items auctioned by them", Following the general
direction the Planning Commission gave at the June 9, 1993 public hearing, staff
concluded and is of the opinion that the businesses undertaking auctions should be
restricted to the auctioning of automobiles, vehicles, and other general equipment, as
opposed to general merchandise, such as clothing, household furniture, etc, The
proposed standards for auctions specifically provide that the conditional use permit will
establish the items approved for auctioning, Therefore, in the draft ordinance, the term
"general equipment" is used,
Scope of Auctioning
The definition used in the June 9, 1993 report to the Planning Commission was to allow
"the lien sale of impounded automobiles (Automobile Auctions) subject to approval of
a conditional use permit in the I-P (General Industrial-Precise Plan) Zone" and was
specifically intended to bring A-Z Metro Towing into conformance with the Zoning
Ordinance, It was pointed out at the public hearing, however, that several other similar
business along Energy Way also auction vehicles, heavy equipment, and other general
merchandise such as office furniture and items from firms going out of business, Staff
does not believe the auctioning of general merchandise is consistent with the nature of
other auctions in the I Zone, and may result in more of a swap meet character than that
which is appropriate in an industrial zone, The intent of this proposal is to allow, by
approval of a conditional use permit, auctioning of vehicles, heavy machinery and
equipment, but not general merchandise,
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City Planning Commission
Agenda Item for Meeting of October 27, 1993
Page #4
Application Under I-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 owning land zoned I-P could apply for a
conditional use permit for auctioning if the text amendment is approved,
Attachment "C" consists of a map showing the property in Chula Vista with I-P zoning,
As can be seen, I-P zoning exists north of Otay Valley Road, There is also some in the
Bayfront area, but his will be changed to another zone as part of the revision of the
Bayfront Plan,
Generally, when a proposed project is located in a Redevelopment Area, the CUP would
be processed in the form of a "Special Land Use Permit" (special use permit) through
the Project Area Committee and Redevelopment Agency, not the Planning Commission,
and, if appealed, City Council. This depends on the procedural provisions of the
applicable redevelopment area plan, In the case of A-Z Metro Towing, the provisions
of the Otay Valley Road Redevelopment Area are applicable, These provisions require
processing a special use permit through the Otay Valley Road Project Area Committee/
Redevelopment Agency, instead of through the Planning Commission/City Council.
The Siroonian Agreement refers to I-P zoning, 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 purpose of the P - Precise Plan Modifying District,
as stated in Section 19,56,040 is
"to allow diversification in the spatial relationship of land uses, density,
buildings, structures, landscaping and open spaces, as well as design review of
architecture and signs through the adoption of specific conditions of approval for
development of property in the city, Within the boundaries of the P district, the
location, height, size and setbacks of buildings or structures, open spaces, signs
and densities indicated on the precise plan shall take precedence over the
otherwise applicable regulations of the underlying zone",
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 the use, Any application for the subject use, because of the "P"
modifier, would be required to obtain approval from the Design Review Committee prior
to, and in addition to, the conditional use permit.
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City Planning Commission
Agenda Item for Meeting of October 27, 1993
Page #5
Present Policv on Auctions and Automobile Auctions
At present, auctions, as discussed in this report, are not addressed in the Zoning
Ordinance, The only types of auctions addressed are "Auction Rooms" and "Livestock
Auctions," These are not related to the subject use and are allowed in zoning districts
other than industrial. Therefore, staff concluded that the creation of a new category of
land use called "auction" is needed, especially given the circumstances along Energy
Way,
Since the original proposal was specifically for the "lien sale of impounded automobiles
by auction", knowledge and an understanding of the policy as to how such a use is
implemented under the current Zoning Ordinance is important.
At present, Planning Department policy is to treat any auto auctions as used car sales,
which is a prohibited use in the I (General Industrial) Zone, An auto auction would,
however, be permitted in the C- T (Thoroughfare Commercial) or I-L (Limited Industrial)
Zones if it were accessory to the sale of new automobiles, In the C-T Zone, if it were
the primary use or associated with a use other than the sale of new automobiles, a
conditional use permit would be required,
This has proven problematic at times, since the criteria for automobile sales facilities
(Section 19,58,070) provides for off street parking equal to one-tenth of the car storage
capacity, This is inadequate for 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, If the provisions listed in the draft City Council Ordinance are adopted, each
applicant would have to justify the parking with a parking analysis, If problems related
to off-site parking impacts occurred even with implementation of the recommendations
of the parking analysis, portions of the storage area would have to be converted to
parking,
Options
Given the above, staff considered three alternatives, These are:
OPTION 1 - No Action. This option would not change the current policy on auto
auctions, as described previously, or auctions in general.
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City Planning Commission
Agenda Item for Meeting of October 27, 1993
Page #6
Because of the potential for large numbers of people being attracted to auctions and the
quantity of automobiles, equipment and other merchandise being stored on a typical
auction site, staff does not recommend this option,
OPTION 2 - List auctions as a PERMITTED use in the I (General Industrial) Zone.
This option is undesirable 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 3 - List auctions as a CONDITIONAL use in the I-P (General Industrial-
Precise Plan) Zone. Option 3 is the recommended option, Recognizing that auctions
having been taking place along Energy Way for a number of years, Option 3 allows for
the application of a conditional use permit and outlines criteria for the establishment of
an auction, Several sections of the Zoning Ordinance would have to be amended as
shown in the draft City Council Ordinance in order to accommodate this new conditional
use, Specifically, a section will be inserted in Chapter 19,04, "Definitions," defining
"auction;" the use would be listed in Chapter 19.46, "General Industrial Zone", as a
conditional use; and Chapter 19,58, "Uses," would be modified to exclude auctions from
requirements for new and used car dealerships, and include criteria for establishing such
uses,
Conclusion
Staff concluded that Option 3 is the most desirable because the stated purpose of the
I - General Industrial zone, per Chapter 19.46, is:
"to encourage sound industrial development by providing and protecting an
environment exclusively for such development, subject to regulations necessary
to insure the purity of the airs and waters in Chula Vista and San Diego County,
and the protection of nearby residential, commercial and industrial uses of the
land from hazards and noise or other disturbances",
By regulating "auctions" as a conditional use in the I (General Industrial) zone, the above
issues can be addressed through the environmental and CUP process,
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SETTLEMENT AGREEMENT
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
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 No, 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: April 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
Chula Vista certifying the Final Environmental 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" [5 21000 et seq, of
the Pub, Res, Code)) and by the Guidelines for Implementation of
CEQA (14 Cal. Code of Regulations, 5 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
by the Action allege, among other things, that THE CITY in
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, citv Representations Reqardinq 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
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: Existina Litiaation and Applicable Statutes of
L~m~tat~ons.
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
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,
~illings, 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
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 Permits ("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
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 (18) 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
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 respective 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, citv 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
evidenced 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
t!videnced 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" (Le" 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
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
(SO%) 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 S-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
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, pavment 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 Aareement on Successful Collateral Attack
on Aareement,
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
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
~o 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 agre~d 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 required 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
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
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,
~ Specific 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 Aqreement Set
Aside.
THE CITY waives and relinquishes any and all limitation
periods, including but ~ot 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
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,
~ sianature in CounterDarts,
This Agreement may be signed in counterparts and the
signature pages may be attached hereto.
f, Parties ReceiDt of Leaal Advice,
All parties hereto have received independent legal advice
from their respective attorneys regarding the advisability ~f
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. Investiaation.
Each party hereto has made such investigation of the facts
pertaining to this Agreement it deems necessary.
~. Aareement Read and Understood.
Each party hereto, responsible officer, or governing body
thereof has read this Agreement and understands the contents
thereof,
X, 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 RINDONE, 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 aDDlv to riahts and duties created bv
siroon9.wp Settlement Agreement re Otay Valley Road Widening
November 25, 1992 17 Page 17
this Aareement.
y, Notice.
Any notice to be given or document to be transmitted
nereunder 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
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 Aareement.
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,
X. No Construction Aaainst Draftina Partv,
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 Liabilitv,
The parties hereto declare that this is a settlement of
disputed claims, not an admission of liability on the part of any
party hereto,
l. Successors and Assians.
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,
~. Attornev 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 attorneys' fees.
~. Authoritv of Sianatories,
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
DD, Collateral Attack on SDecial 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 consideratiQn for this
< Agreement including any Special Permits issued to such rescinding
Plaintiffs,:but Plaintiffs' remedy, jointly or individually, if
8uccessful,: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
have no substantive effect nor shall they be used
the provisions hereof.
only
to
THE UNDERSIGNED
UNDERSTAND ITS TERMS AND
PROVISIONS,
DATED:
I"), -/ to ~?-..
~~Ak'
LINDA L, MANDEL
~-~~
CHARLES D, PAA T1 II
DATED:
DATED:
) '). - / ,(o4'J?-..
siroon9,wp Settlement Agreement re otay Valley Road Widening
November 25, 1992 20 Page 20
.
\
DATED:
DATED:
DATED:
DATED:
DATED:
DATED:
!;).. -/6-1'J-
/&--/6 -qA.-
OTAY INDUSTRIAL PARK, a California
General Partnership,
BY:
KARL TURECEK, General Partner
a California
o v
I?- -I t -'7-;)""
{;,
BY:
I~-/h ~'J......
, its President
/~..~-~4J
, its Secretary
BY:
THE CITY OF CHULA VISTA, a
municipal corporation,
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
November 25, 1992 21 Page 21
.
,
1O.J-25-' 92 \.ED 10:38 !D: CITY - CH..lJ'I VISTA TEL i'lJ:FAX 619 691 5'
11350 P03
----
~
DATED:
LOUIS p, PRA'1"1'V
DATED:
c:AROI.INI A. PRATTY
eTAY INDUS'1'llIAL PARK, . California
General a ship,
nJ.'1'ltDt
I/,Z-~~q.,.
BY;
2COLOCY AUTO WRE~NG, a California
corporation,
DATID:
.V!
, it. Presidant
DATIDI
BY:
, i tl secretary
THE CITY 01' CHUlIA V1:5TA, a
munioipal oorpo~a~ion,
DATED:
TIM KADER, its Mayor
THE RBDEV1!:LOPMENT AGENCY OF 'l'HB
CITY OF CHULA VISTA, a political
lubdivision of the State of
California,
BYI
TIM NADER, its Chairman
DATED:
Attellt:
Approv.d .s to Form
Beverly Authulet, City Clerk Bruce H, Boogaard, City Attorney
siroon9,wp Settlement Agreement re otay Valley aoad W1den1n9
November 25, 1992 21 '1ge 21
R-93"
CITY OP CBULA VISTA 11-25-92 10:39AM P003 #03
(J.' ~~ 'd- vi q 113
t,: </J- /''''
PAUL A. PETERSON
GREGORY C. M. GARRATT
EDWARD F. WH!TTLER
LYNNE L. HEIDEL
REBECCA MICHAEL
MARSHAL A. SCARR
MATTHEW A. PETERSON
LARRY N. MURNANE
PETERSON S PRICE
A PROFESSIONAL CORPORATION
LA\JVYERS
530 B STREET, SUITE 2300
SAN DIEGO, CAUFORNtA 92101'4454
TELEPHONE
AREA CODE 619
234'036t
FAX
(619) 234-4786
FILE No.
June 9, 1993
3634.02
HAND DELIVERED AT HEARING
City of Chula Vista Planning Commission
Council Chambers
276 Fourth Avenue
Chula Vista, CA 92010
Re: Planning Commission Agenda of June 9, 1993
Agenda Item No, 2,
PCA-93-01
Dear Members of the Planning Commission:
We represent Jim and Jane Mccormack, owners of property
located in the industrial park north of Otay Valley Road, The
McCormacks or their lessees have conducted auctions of various
items, including automobiles, on their property since 1978, We
have reviewed the staff recommended Ordinance before you and
believe it is too narrowly drawn, We request that the Planning
Commission recommend to the City Council to adopt the Ordinance
with our proposed modifications, as attached hereto. These
modifications relate to the following:
. The addition of two "WHEREAS" clauses supporting
expansion of the amendment.
. Expand the definition of "Auction" to include the sale of
all vehicles and general merchandise,
. Permit auctioning activity to occur on Saturdays. While
the vast majority of auctions are held during the week, SDG&E,
for example, prefers that its surplus vehicles be auctioned on
Saturdays.
. Permit auctions to be conducted out of doors,
. Do not require customer parking to be paved and striped,
Due to the no more than one per week limitation on the
auctions and the large number of potential customer, paving
and striping are unwarranted and economically infeasible,
AITACHMENT "B"
City of Chula Vista
Planning Commission
June 9, 1993
Page Two
We respectfully request that you adopt
proposed modifications. Thank you for
request.
the Ordinance, with our
consideration of our
Very truly yours,
PRICE
10 .1 ~on
1
Enclosure
cc: Jim and June McCormack
Martin Miller
PROPOSED MODIFICATIONS TO DRAFT ORDINANCE
AMENDING CHAPTERS 19,04, 19.46 AND 19.58 OF THE MUNICIPAL CODE
(prepared by Peterson & Price)
1. Add the following WHEREAS statements after the third WHEREAS
statement:
"WHEREAS, within the industrial park located
north of Otay Valley Road, the auction of
vehicles and general merchandise has occurred
since 1978 with no adverse affects on the
neighborhood or community at large, and"
"WHEREAS, good zoning principles suggest expanding
the limited definition of auctions in the above
definition ("the lien sale of impounded vehicles")
to include the broader generic category of all
forms of vehicle and general merchandise
auctioning, and"
2, Revise the definition in SECTION III. to read as follows:
Section 19. 04, Ol5 Auctions AutomobH:es,--irl-en--Sale--by
Auetion-of-Impounded
"Auctions Automobi les, - -J:ri-en- - -sri-e- - by-~!-on- --of
Impounded" means the lfen-sale-of-fmpounded-automobiles
from-an-Automobile-Impound-Yard-by-auetion,-pursuant-t0
tne--~~~~--eivil--~-~r--Vehieie--~,--as
appropriate. auctioninq and sale of vehicles (includinq
heavy machinery) and other qeneral merchandise to the
hiqhest bidder, includinq, but not limited to, the lien
sale of impounded automobiles, insurance auctions,
auctions by or for a qovernmental aqency or auctions for,
to or by automobile retailers,
3. Revise Section 19.04.l7 in SECTION IV, to read as follows:
Section 19.04,017
Auction Automobile-Impound Yard
"Auction Automobile-Impolfnd Yard" means a place used for
the temporary storage of vehicles and qeneral
merchandise. wnien-have- been--~-mpounded-~~-t:he
provisions-of-tne-ealifornia-veniele-eode.
4. Revise the following Conditional Use in an I district:
19,46.040,L, Auctions, Automobfles,-bien-Sale-by
Auetion--o~--~~~ as defined in Section
19,04.015, subject to the provisions of Section
19,58.075, and only where the "P" Precise Plan
modifier has been applied.
5, Revise Section 19,58,075 in SECTION VII, to read as follows:
19.58.075 Auctions Automobile~,--b~en-~~-~-~~~-o~
impounded
A. No change.
B. No change.
C, Auctions shall be held between the hours of 8:00 a.m. and
5:00 p,m., Monday through Friday Saturday. Weekend
Sunday auctioning is prohibited.
D. No change,
E. Auetion~-~hall~~~~~~~eompletely-enelo~ed
bui Idin9-of -1!ttff~!-en-t- -s-:i-2e -'t::o- -h8mH._ antieipated-erowd.~
and.-~tore-automobile~-that-are-to-be-auetioned..
F.E. No change.
6.K.:.. No change.
H.G. All areas designated for eu~tomer-and employee parking
shall be paved and striped to the satisfaction to the
Traffic Engineer-and-the-band~eape-Arehiteet.
6. Revise Section 19.62,050.3. (Number of spaces required for
designated uses) in SECTION VIII, to read as follows:
"3. Auctions Automobile~,-1~en--e-a~-by--auct:-i-Qn-~~mpou1'lded.
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 required right-of-way dedication, It is, in
effect, the usable area of the parcel,
- 2 -
"
PAUl. A. PETERSON
GREGORY C. M. GARRATT
EDWARD F. WHITTLER
Ln:NE' L. HEIDEL
REBECCA MICHAEL
MARSHAL A. SCARR
MATTHEW A. PETERSON
LARRY N. MURNANE
PETERSON 8 PRICE
^ PROfESSIONAl CORPORATION
LAWYERS
530 B STRE IT, SUITE 2300
SAN DIEGO. CALtFORNtA 92101'4454
[
TELEPHONE
AREA CODE 619
234-0361
JUN ~' "
'c'
FAX
(619) 234,4786
r. .
FILE No.
...."-~
June 24, 1993
3634.02
HAND DELIVERED
Mr. Martin Miller, Associate Planner
CITY OF CHULA VISTA PLANNING DEPARTMENT
276 Fourth Avenue
Chula Vista, CA 91910
Re: Planning Commission Hearing of June 9, 1993
PCA 93-1
Dear Mr, Miller:
As you know, we represent Jim and June McCormack with respect
to their property located at 880 Energy Way, The purpose of this
letter is to revise one of the requested modifications set forth in
our letter dated June 9, 1993 and presented to the Planning
Commission on that same date, We requested that the definition of
"Auction" be expanded to include "general merchandise." This term
was the subject of a number of the Planning Commissioners'
questions and comments, Those questions and comments indicated a
concern that "general merchandise" may be too broad a term,
After hearing the Commissioners' concerns relative to the term
"general merchandise," the McCormacks concluded that the term
"equipment" should respond to and satisfy the Commissioners'
concerns and still encompass the vast majority of items auctioned
by them. Accordingly, we request that the definition of "Auction"
be expanded to include "equipment" instead of general merchandise.
We still request that the modifications set forth in our
letter to the Planning Commission dated June 9, 1993 be included in
the revised Ordinance. In addition, we would like a copy of the
staff report (if there is a revised report), revised ordinance and
resolution prior to the September Planning Commission hearing.
Mr. Martin Miller
June 24, 1993
Page 2
Thank you for your assistance with this matter, If you have
any questions regarding this matter, please contact me.
Very truly yours,
PETERSON & PRICE:;:(/
A . on Corporat 0
\
cc: Jim and June McCormack
Steve Griffin, Principal Planner
Ken Lee, Assistant Planning Director
Rich Rudolf, Assistant City Attorney
I
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NORTH PvA-'1? - 171
), LOCATOR
. ' ~II'-Ib t'F-~NANC:~ ~.x1 ~~".
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_ 'Ii... LI~~ ATTACHMENT "C" '.,j
RESOLUTION NO, PCA-93-01
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ADDING SECTIONS 19,04,015 AND
19,58,055 TO, AND AMENDING SECTIONS 19.46,040, 19,58.070
AND 19,62,050 OF THE MUNICIPAL CODE RELATED TO
ALLOWING AUCTIONS IN THE I-P ZONE SUBJECT TO
APPROVAL OF A CONDITIONAL USE PERMIT BY THE
PLANNING COMMISSION
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 June 9, 1993 at the public hearing for the Project, the
Planning Commission determined that subject land use is too narrowly defined and
continued the public hearing to September 22, 1993, to allow staff time to study
the feasibility of expanding the definition to include other similar types of auctions;
however, the project was subsequently rescheduled for October 27, 1993, and
WHEREAS, the hearing was held at the time and place as re-advertised,
namely 7:00 p,m, on October 27, 1993 in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission and said hearing was thereafter closed.
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
the addendum attached thereto; and
2, Recommends that the City Council enact the draft City Council
Ordinance adding to and amending portions of 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.
Resolution PCA-93-0l
Page #2
PASSED AND APPROVED by the Planning Commission of Chula Vista,
California, this 27th day of October, 1993 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Thomas A, Martin, Chairman
ATTEST:
Nancy Ripley, Secretary
Planning Commission
F:\HOME\PLANNING\MARTIN\AUTOAUCT\9301PC,RES
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS
19,04,015 AND 19,58,055 TO, AND AMENDING SECTIONS 19.46,040,
19,58,070 AND 19,62,050 OF, THE MUNICIPAL CODE RELATED TO
ALLOWING AUCTIONS IN THE I-P ZONE SUBJECT TO APPROVAL OF
A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION
WHEREAS, pursuant to the Siroonian Settlement Agreement ("Agreement"), the City
agreed to process an amendment to the Chula Vista Municipal Code to consider "'the lien sale
of impounded vehicles' to occur in an 1- P designated zone subject to securing a conditional
use/special pennit" (Item 11,8, page 6 of the Agreement)(Project), and
WHEREAS, on June 9, 1993 at the public hearing for the Project, the Planning
Commission detennined that subject land use is too narrowly defined, and continued the hearing
to September 22, 1993 to allow staff time to study the feasibility of expanding the definition to
include other similar types of auctioning, however, the hearing was subsequently rescheduled
to October 27, 1993, and
WHEREAS, the I-P (General Industrial-Precise Plan) Zone does not specifically address
"auctions" as either a pennitted or conditional use, and
WHEREAS, within the industrial park located north of Otay Valley Road, the auction
of vehicles and general equipment has occurred since 1978 with no adverse affects on the
neighborhood or community at large, and
WHEREAS, good planning principles suggest expanding the limited definition of the
Siroonian Settlement Agreement of "the lien sale of impounded vehicles" to include the broader
generic category of all fonns of vehicle and general equipment auctioning, and
WHEREAS, on October 27, 1993, the Planning Commission voted _ to _ to approve
Resolution PCA-93-01 recommending that Council enact the proposed text additions and
amendments contained in this Resolution, 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 addendum attached thereto,
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, and addendum attached thereto,
Ordinance No,
Page 2
SECTION II: The City Council hereby finds that the public convenience justifies
the proposed text amendment and that it 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 hereby added to the Chula Vista
Municipal Code to read as follows:
Section 19,04,015
Auction
"Auction" means the auctioning and sale of merchandise and equipment to the highest
bidder, but excluding auction rooms and livestock auctioning,
SECTION IV: 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,
F:\HOME\PLANNING\MARTIN\A UTOA UCT\9301 CC.ORD
Ordinance No,
Page 3
2, Meat packing,
3, Large scale bleaching, cleaning and dyeing establishments,
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 cOmmtSSlon to be of the same general
character as the above uses;
H, Unclassified uses, as provided in Chapter 19,54,
1. Root~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. Auctions for vehicles. heavv machinery and equipment. subiect to the provisions of
Section 19,58,055, and onlv where the "P" Precise Plan modifier has been applied to the
I - General Industrial zone,
SECTION V: That Section 19,58,055 is added to the Chula Vista Municipal
Code to read as follows:
19,58,055
Auctions for vehicles, heavy machinery and equipment:
A, Subject use shall only be allowed by the issuance of a conditional use permit by the
Planning Commission in the I-P (General Industrial-Precise Plan) Zone,
B, The applicant shall list specific items proposed to be auctioned, Said items shall meet
the categories "vehicle, heavy machinery and equipment." The conditional use permit,
if issued, shall clearly specify the types of items authorized for auctioning as determined
by the issuing authority (the Planning Commission, or City Council if appealed),
F:\HOME\PLANNING\MARTIN\A urOA UCT\9301 cc .ORD
Ordinance No,
Page 4
C, Auctions shall be limited to one per week with a mtmmum of one week between
auctions,
D, Auctions shall only be held between the hours of 8:00 a,m, and 5:00 p,m,
E, All areas shall be properly screened, paved, striped and improved to the satisfaction of
the Traffic Engineer and the Landscape Architect.
F, Outdoor loudspeakers shall be prohibited unless a noise study conducted by a certified
acoustician determines that the proposal can meet the City's noise standards,
G, The on-site repair or dismantling of automobiles or equipment by purchasers tS
prohibited,
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 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 congestion, and shall provide a six-foot high masonry wall separating the entire
area from abutting residential property, except as provided under Section 19,58,055 for auctions,
Said wall may be replaced with a fence subject to department approval.
SECTION VII: 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,
NOTE: In the case of any building, structure or premises, the use of which is
not specifically mentioned herein, the approving authoritv mav use the provisions
for a use which is mentioned and to which said use is similar, in the opinion of
the commission, shall apply or mav require a parking studv/analvsis of the
applicant for subiect use to iustifv the proposed ratio, In computing parking
requirements, a resultant fractional space of one-half shall count as a full space,
The number of off-street parking spaces required shall be as set forth in the
following:
F: \HOME\PLANNING\MARTIN\AUTOAUCT\9301 CC .ORD
Ordinance No,
Page 5
Businesses or use and number of spaces required
1. .\Htomobile or macilinery sales and serlice garages (See Section 19,58,070):
1 f-or eaeil100 sEJ, ft. of floor area;
1." Auctions (See Sections 19,04,15 and 19,58,055):
Applicant shall submit a parking analvsis iustifving the amount of parking
proposed to be provided and the parking ratio, Said ratio shall range from
1 space for each 50 square feet of net lot area to I space for each 2.000
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 right-of-wav dedication
or other constraints which would preclude use of the land, It is. in effect, the
usable area of the parcel.
2." Automobile sales facilities. new or used. (See Section 19,58,070):
I for each 400 sq, ft. of gross floor area. or 1/10 of the maximum car
storage capacitv. whichever is greater:
~ Automobile repair and service garages:
1 for each 400 SQ, ft. of floor area;
;!1, Banks and savings and loans:
1 for each 200 sq, ft. of floor area; minimum of 5;
:;l, Bowling alleys:
5 for each alley;
4Q, Business and professional offices:
1 for each 300 sq, fl. of gross floor area; minimum of 4;
fj1, Car wash (coin-operated) self-service, or attendant-operated:
3 for each stall, plus I for each employee;
6~, Children's homes:
I for each 4 beds plus I for each employee;
12, Churches and private schools:
F: \HOME\PLANNING\MARTIN\AUTOAUCT\930 1 CC .ORD
Ordinance No,
Page 6
1 for each 3,5 seats in an auditorium or 1 for each 17 classroom seats;
whichever is greater;
810, 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,);
W12, 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 III all
assembly rooms of the mortuary;
HIS, Furniture and appliance stores; household equipment or furniture repair shop:
1 for each 600 sq, ft, of floor area;
-1416, Hospitals:
1-1/2 for each bed;
~ 17, Nursing homes and convalescent hospitals and homes for aged:
1 for each three beds;
F:\HOME\PLANNING\MARTIN\A VTOA UCT\9301 CC.ORD
Ordinance No,
Page 7
M18, Houseboats:
See dwellings, subsection 9 above;
-1-119, 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, Machinerv sales and service garages:
1 for each 400 Sq, ft. of floor area:
-l1S21. Manufacturing plants, research or testing laboratories, bottling plants:
1 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;
2+24, Restaurants, bars and night clubs:
1 for each 2-1/2 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);
~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;
:&.S28, Schools:
Elementary - 1 per teacher or employee, plus 5 spaces,
Jf. High - 1 per teacher or employee, plus 5 spaces,
High - 1 per 4 students;
F:\HOME\PLANNING\MARTIN\A UTOA UCT\9301CC .ORD
Ordinance No,
Page 8
:Yt29, Sports arenas, auditoriums, theaters, assembly halls and meeting rooms:
1 for each 3-112 seats of maximum seating capacity;
:6130, Wholesale establishments, warehouses, service and maintenance centers,
communication equipment buildings:
I for each 1-1/2 persons employed at one time in the nonnal operation of
the establishment, or 1 for each 1,000 sq, ft" whichever is greater.
SECTION VIII: 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
F:\HOME\PLANNING\MARTIN\AUTOAUCT\9301 CC .ORD
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, Proiect Settina:
The proposed project is a text change to Title 19 of the Chula
Vista ,Municipal Code (Zoning Ordinance). The text change
would result 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. proiect Description:
The proposed project consists of text change to Chapter 19,46
of the Chula Vista Zoning Ordinance, The city-initiated
project would allow the auction of vehicles in the IP zone
subject to a conditional use permit/special permit, The
proposed project is 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 Zonina 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 change~{l~
~ ~
. ~Jl~
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city of ehuta vllta planning department 01Y OF
environmental review .eetlon, CHUIA VISTA
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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.
-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.
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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 projects,
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
determine 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 community, 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.
-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.
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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 proj ect is
available from the Chula Vista Planning Department, 276
Fourth Avenue, Chula Vista, California 91910.
"\ 1\;( \..~'-.A- C', 11'c,d:,lL-'!
ENVIRO~ENTAL REVIEW COORDINATOR
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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 project-
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, proj ect
specific analysis will be required at the project level.
-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,
-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 UDset
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 proj ect
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. PODulation
The proposed zoning text amendment would not create a
substantial 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.
-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,
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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. Enerqv
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.
-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
project, 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 1-805 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/I,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.
-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.
-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 FindinGs 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.
ADDENDUM TO NEGATIVE DECLARATION IS 93-24
Zoning Text Change for Automobile Auctions in the IP Zone
A. BACKGROUND
The Environmental Review procedures of the City of Chula Vista provide that the
Environmental Review Coordinator (ERC) shall review any significant project revisions to assure
that there will be no potential for significant environmental impacts. The ERC may recommend
that a previously prepared Negative Declaration/Initial Study (ND/IS) or Environmental Impact
Report (EIR) be utilized as the environmental document for the project. In such cases, an
Addendum to the previous environmental document may be prepared.
ProDosed Proiect
This Addendum analyzes changes to the proposed text change to Chapter 19.46 of the Chula
Vista Zoning Ordinance. This city-initiated project would allow the auction of vehicles, general
equipment and heavy machinery in the IP zone subject to a conditional use permit. The previous
project that was environmentally assessed consisted of text changes to Chapter 19.46 of the
Zoning Ordinance, to specifically allow auto auctions in the I-P zone. The revised project is
more comprehensive and sets forth criteria to evaluate these uses within the IP zone.
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, general equipment and heavy
machinery in the IP zone subject to a conditional use permit. Presently, no auctions of any kind
are allowed in the IP zone and auto salvage and wrecking operations are conditional uses. The
proposed text change would allow these auctions as conditional uses and provide a mechanism
that will help determine their compatibility with surrounding uses.
Analysis
The proposed project will involve a text change to the Chula Vista Zoning Ordinance. This text
change will allow the auction of vehicles, general equipment and heavy machinery and will not
create any physical changes to the environment. The text change would affect parcels city-wide
within the I-P zone. Because the text change is not site specific, future projects proposed to
implement the text change will be reviewed on a case-by-case basis in order to comply with
CEQA guidelines. Potential land use and community character, noise, visual and traffic impacts
which could be created by project implementation will be assessed on a site-specific basis.
Conclusion
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion,
I hereby find that the proposed project revisions will not result in any significant environmental
effects, provided ~at e,nvironmental review is conducted in the future on a site-specific basis.
l/l&-Ju MAltZ. 'YhU..J.L~~)
'D'ouglatf>. Reid L
Environmental Review Co ~r
\ADEM9324
PC Minutes
-9-
June 9, 1993
Excerpt from Planning Commission Minutes of 6/9/93
ITEM 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) SUBJECT TO
APPROVAL OF A CONDITIONAL USE PERMIT IN THE I-P (GENERAL
INDUSTRIAL-PRECISE PLAN) ZONE - City of Chula Vista
Associate Planner Miller gave the staff report and recommended that the Commission find the
project would have no environmental impacts and adopt the Negative Declaration issued on IS-
93-24; and adopt the resolution recommending that the City Council amend the Code as shown
in the draft City Council ordinance. Mr. Miller noted that the Commission packet included two
ordinances, one of which was obsolete, and pointed out the differences in the two ordinances.
Mr. Miller noted that staff and the Commission had received a letter just prior to the meeting
from Peterson & Price requesting changes to the ordinance.
Replying to Commissioner Carson, Mr. Miller said that, on the surface, staff did not agree with
the changes suggested.
Commissioner Carson asked why SDG&E preferred their surplus vehicles to be auctioned on
Saturday. Mr. Miller guessed that it was because their employees worked during the week and
were off on Saturday.
Commissioner Tuchscher questioned why staff suggested holding auctions only Monday through
Friday. Mr. Miller said it was felt this was more appropriate given the information provided
and the nature of the use.
Principal Planner Griffin said it was normal business hours, and an auction on Saturday might
have more of an impact on residential areas. Some of the noise and activity may impact the
residential enjoyment of nearby neighbors. Further commenting on the Peterson & Price memo,
it was generally suggested that the Commission continue the matter so it could be studied and
responded to appropriately. This amendment had been discussed extensively in-house with the
Planning Director, the City Attorney, and others, and it was staff's feeling that this amendment
should be kept extremely narrow and limited and directed to satisfy the Siroonian agreement
only. That would be staff's position, and they would not support the suggestions in the memo.
Chair Fuller asked whether the narrow focus of the ordinance was aimed at the fact that these
types of business were hoped to be phased out in a number of years. Mr. Miller concurred.
There were a number of businesses in the same vicinity along Energy Way that had recently
applied for special land use permits because they were in a redevelopment area. They go to the
Project Area Committee and then to the Agency rather than through the Commission. They
PC Minutes
-10-
June 9, 1993
would have a life of 13 years with a possible extension of an additional 13 years. Chair Fuller
verified that this would be auto wrecking yards, dismantling, automobile storage, etc.
Chair Fuller asked the closest residential area to this 1- P zone. Mr. Miller answered that it
would be the Robinhood Point area. Immediately to the north was the Otay landfill. The
northwest corner of the I-P zone was undeveloped. The automobiles would pass through no
residential areas other than Otay Lakes Road off 1-805.
Referring to Ecology Wrecking, Commissioner Martin said there was a lot of area there. Mr.
Miller agreed, but stated that if another developer in another part of the City wanted to do the
same thing, but had a smaller parcel, the same requirements would be applicable.
Commissioner Martin referred to an auction previously on Main Street which was an Industrial
zone and had no parking. Mr. Griffin stated that situation would not be allowed under this
amendment, because that was a limited industrial zone. Staff was trying to draft an amendment
which would satisfy the agreement with respect to a particular use, but it would apply to any I-P
zone and anyone who wanted to establish a similar auction in the I-P zone. That would include
the properties on the west if they eventually developed. The ordinance had to be crafted to
cover future circumstances that may occur with a new lien sale of autos by auction in an
impound yard.
Commissioner Martin asked how a parking lot, with an influx of autos who would all be there
at once and then leave, could be designed or restricted specific to use. He was referring to
parking in the dirt. Mr. Miller said staff had recommended that the parking area be paved, that
anyone proposing this after A-Z Towing, since they were grandfathered, would be required
under the proposed requirements to pave the parking lot because of the environmental impacts.
Assistant City Attorney Rudolf clarified that the letter just received from Peterson & Price was
not connected with anyone from the Siroonian settlement, and not for anyone for whom the
ordinance was crafted. The people involved in the Siroonian settlement were satisfied with the
form of the ordinance as recommended to the Commission for adoption. The last-minute
suggestion from somebody else in the general area was for a different proposal.
Commissioner Martin said that the letter was submitted by Ms. Rebecca Michael of Peterson &
Price. They had been in contact during the last couple of weeks, and she was representing Jim
and June McCormack, the owners of land immediately to the east of A-Z Towing. There were
auction functions going on in portions of the property. He was under the impression they were
leasing the property and were not very concerned.
Assistant Planning Director Lee commented, regarding days of operation, that staff was not
particularly opposed to auctions on Saturday if there was some minimum separation from the
residential area. Applying to all I-P zones, if there was a separation of a specific size, the
property would qualify; however, there were others that might be detrimental to a residential
area and would not qualify. Staff had no objection to that; however, there were other
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June 9, 1993
suggestions to which they would object such as conducting auctions out of doors, on non-paved
surfaces, and also the auctioning of general merchandise. If there was inclement weather and
parking on a dirt area, the mud would be tracked onto City streets and sidewalks. He suggested
adoption of the ordinance as crafted with consideration for the Saturday auctions, and if this
particular applicant wanted to file a request for Planning Commission action to consider an
ordinance amendment with a $1,000 filing fee, staff would look at that separately and come back
to the Commission with a report rather than try to include it with this particular application.
Commissioner Moot asked if the Commission had a choice in approving the ordinance and if
there would be ramifications if they did not approve it. Mr. Rudolf said it was the joint
conclusion of the Planning staff, the City Attorney, and himself that in order to have the
Siroonian settlement work, an ordinance needed to be considered. If an ordinance such as the
one before the Commission were passed, it would satisfy the conditions precedent of the
agreement. If it failed entirely, the condition precedent failed. If it had other and different
conditions attached to it, more onerous than those set forth in the special permit already received
from the Agency, it was their opinion that it would not undermine the agreement and would not
allow the Siroonians to set it aside. What they need to be satisfied was a form of ordinance
which would allow the lien sale of automobiles somewhere in the City.
Commissioner Moot asked what was the connection between the lawsuit and the lien sale. Mr.
Rudolf said he thought it was a last-minute discovery that this use was going on which had been
a previously authorized use, but the permit had expired. In an attempt to eliminate any loose
ends, this was added in at the last moment to legalize what was at that point an unlawful use
because the old permit had been allowed to expire.
Commissioner Tarantino a~ked where other I-P zones might be located in the City and which
could be impacting residential areas. Mr. Miller said there were two other pieces presently
zoned I-P in the Bayfront area which would be changed as a result of the Bayfront Plan. They
were not included in this. There was General Industrial land without the "P" modifier along
Main and Otay Valley Road.
Commissioner Tarantino did not see the problem if this was the only parcel which could be
developed. Mr. Lee said that the western end of the industrial area abutted the residential area
at the west end, and that was the reason for suggesting a space requirement for the auctions
outside of Monday through Friday. The areas to the west were generally vacant and there could
be applications for auctions in those areas.
Commissioner Tuchscher asked staff to comment on their rationale on the parking ratio, in-door
auction, and the paved parking lot requirement. He thought the in-door auction may preclude
some of the activities because of the size of the building that would be required.
Associate Planner Miller said the parking ratio had been developed based mainly on the
experience of Oceanside, who had a similar parking ratio which had proven effective.
Regarding the in-door requirement, he had spoken to an auto auctioneer in Santee who had a
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June 9, 1993
storage capacity of 3,000 vehicles who held his auctions in-doors. There were environmental
issues raised when there was dust kicked up by autos driving on the unpaved dirt, and mud
tracked on the streets and sidewalks during the rainy seasons. Paving the parking area would
resolve those two issues.
Principal Planner Griffin stated the amendment was not designed to encourage auctions, but
crafted so that if someone applied for an auction, it would have the least potential adverse impact
on surrounding areas. Staff was not trying to accommodate other auctioneers who might be
applying, but to meet the requirements of the Siroonian agreement.
Commissioner Tuchscher asked if the ordinance was crafted to discourage auction activities.
Mr. Griffin answered that it was only to ensure there would not be an adverse impact, if an
application was approved.
Regarding the in-door auction in Santee, Commissioner Tuchscher said he thought the building
was probably used for auction purposes only. Mr. Miller said he understood that an automobile
was brought into the building, auctioned, and then taken out.
This being the time and the place as advertised, the public hearing was opened.
Rebecca Michael, 530 B St., #2300, San Diego, CA 92101, representing James and June
McCormack, stated they had received the staff report on Friday and had spoken with Mr. Miller
on Monday, but because of the confusion as to the correct ordinance had not been able to
finalize the letter until that afternoon. She said she had spoken with Mr. Miller regarding
expanding the definition, and was told that staff would not make that recommendation but would
not oppose it. She was concerned that the ordinance was to be narrowly directed at the
settlement agreement and nothing else. Her clients opposed the assessment district, were not
part of the settlement agreement, and had auctions of vehicles and general merchandise on their
parcels since 1978. It had been determined that the use permit that was on the property had
expired and now the parcels had to come back in for special use permits. They had submitted
an application for the special use permit, but staff had indicated to them that the I-P zone did
not permit that type of auctions, even though they had been conducting them since 1978 and a
business license had been issued. Staff's suggestion that the McCormacks apply for an
amendment and make a deposit was economically difficult; they had been approached by people
wanting to lease the property for auctions and could not because of the lack of a permit. It was
a hardship on the McCormacks not to have a broader definition and permitted use by conditional
use permit in the ordinance. They hoped to avoid the process for an amendment by taking
action.
Ms. Michael explained her proposed reVISIOns and said that with those modifications, the
McCormacks could go forward with their permits on file with the department and move forward
through the Redevelopment Agency to get the permits on the property so they could lease the
land and conduct the types of activities they had always been conducting.
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June 9, 1993
James H. McCormack, P. O. Box 598 Spring Valley, CA (property address: 880 Energy
Way), said his business at 880 Energy Way was a salvage auction business at which they sold
vehicles for insurance companies. They had also sold new water damaged furniture and other
general merchandise which had been declared a total loss by the insurance companies. He did
not know of an auto auction in Santee.
Commissioner Carson asked for examples of general merchandise sold. Mr. McCormack replied
that they had sold art work and farm equipment, but mostly wrecked automobiles and trucks.
He said one of the problems with trying to sell inside a building was that wrecked cars
sometimes had to be towed through, but were not towable. Other used cars and wrecks could
be driven through to be sold. They had sold cars outside for the U. S. Marshals.
Commissioner Ray asked about the potential lease of the property and what kind of uses were
being considered. Mr. McCormack said that with the proposed special land use permit, word
had gotten out that auctions may not be permitted in the area. He said that his son also sold cars
for the U. S. Customs, SDG&E, and bankruptcy courts.
In reply to Commissioner Ray, Mr. McCormack said he hoped to lease the property to others
to do the same type of business on the property. His son had his own auction on a separate lot.
Commissioner Martin asked Mr. McCormack how he got business, and how often the auctions
were held. Mr. McCormack answered that there was one auction held every two weeks. The
cars came from insurance companies. When the insurance company determined it had a total
loss, the McCormacks would pick it up, pay whatever charges there were against it, and bill the
insurance company. The average time for a claim to get settled was about 45 days; the car
could not be sold until they had the title papers, which on a wreck would be a salvage
certificate. Sometimes used cars were in litigation and sat there for years. Mr. McCormack
confirmed that the auctions had been in existence since 1978.
Commissioner Tarantino asked if they sold the merchandise at a separate time or if it was
auctioned concurrently with automobiles. Mr. McCormack said it was sold concurrently. They
did not have a high volume of furniture.
Answering Commissioner Tarantino, Mr. McCormack said they sold Marshals' cars which were
alien cars that were seized by the Marshals and the U. S. Customs cars sold by his son were
usually drug cars.
Ken McCormack, 880 Energy Way, CV, son of James McCormack, reiterated that there was
no auto auction in Santee. He stressed that general merchandise was not only furniture, but hard
items such as track loaders, bulldozers, generators, industrial items, and machinery, all of which
generated sales tax. These items were from SDG&E, Department of Energy, other cities, and
the Water Authority. The vehicles were not sold inside a building. A building of that size
would be very large and too expensive. The vehicles have to be sold in rows, one at a time.
The ones that run were parked outside, driven through, and sold one, two, or three at a time.
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June 9, 1993
They might have three lanes or four lanes. They were seeking the same rights afforded A-Z
who had been in operation wince 1990. The McCormacks had been there since 1978. On
auction days, they employed approximately 25 people, 5 full-time and 20 on auction day, with
an average of 15 per day during auction week. Mr. McCormack said they were presently
engaged in a multi-year contract with SDG&E and U. S. Customs was up for renewal in
September. Last year's sales were slightly more than $2 million, with approximately 25% to
30% taxable. There was no sales tax generated for the City from the sale of lien sale vehicles.
It was collected by the DMV. Sales tax was collected from law vehicles that were from Mexico
or out of state.
No one else wishing to speak, the public hearing was closed.
MS (Ray/Carson) to continue the item for a sufficient period of time for staff to respond
to the letter from Peterson & Price and make the potential modifications to the resolution.
Principal Planner Griffin responded to a statement by Ms. Michael who said that staff had stated
they would not oppose a more general approach to the amendment. Mr. Griffin clarified that
if it was the Commission's desire to investigate that, staff would not oppose it. It was made
clear that it was not the amendment proposed and staff would not support a privately initiated
proposal to do that. However, if the Commission desired staff to look at it, they would do so.
Commissioner Martin asked staff if there had been any problems on the 880 Energy Way
property since 1978 as far as any environmental damage or any complaints.
Associate Planner Miller replied that the special land use permits that were being processed were
all Class 5 Categorical Exemptions according to the Environmental Review Coordinator. For
purposes of the special land use permits, there were no environmental issues since the use was
continuing; however, since they were dealing with vehicles in various states of repair, he felt
that once the area was redeveloped, there would probably be major clean up because of
contaminated soils and leakage, oils seeping into the ground, etc.
Commissioner Martin asked what the Commission could do to support a business that had been
there since 1978. How could they support them in continuing the auctions until development
came in without limiting the City later when some requirement was needed.
Associate Planner Miller noted that the Planning Commission had the option to direct staff to
review the suggestions in Ms. Michael's letter to possibly expand the definition or develop some
compromise language that would permit the continuance of the existing auctions under various
requirements that would be developed later. The other option was to go ahead with it the way
it was proposed by staff, taking the Siroonian agreement very literally and judging on that. Mr.
Miller said it should be kept in mind that either one of those options would meet the letter of
the law and the Siroonian agreement.
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June 9, 1993
Principal Planner Griffin said that another option could be that upon review, staff could
determine that the use that had been going on since 1978 had been illegal, but was a socially
desirable use that should take place somewhere in the City; that staff should search the City
Code and find a place where it should be done and propose an amendment to the Code to allow
it.
Commissioner Martin asked if that would be consistent with the term "grandfather" or, if
because it may not apply to that specific site, would it not fall under the term "grandfather."
Assistant City Attorney Rudolf said that the term "grandfather" was typically applied to the
lawful nonconforming use which at one time was lawful. Because the zoning was changed or
that use was disallowed in that zone, under vesting law it remains a lawful nonconforming use
as long as it was not legally required to be discontinued. This business was never legal, so it
could not be grandfathered.
Assistant Planning Director Lee clarified that staff had located a zoning permit which had been
issued in 1980 to James McCormack. There was a reference listed as an auto auction with a
qualifier that it was to be held one day per month. He assumed it was looked at as being an
accessory to the storage operation. Over the years, it had evidently expanded beyond auto sales
into general merchandise and from once a month to once a week. City records show nothing
being refiled. The auto auction technically was not allowed except as an accessory, but had
become the operation. Mr. Lee felt there were enough concerns by the Commission that the
item should be continued to respond to them.
Commissioner Moot felt the McCormacks and staff had raised some concerns that led him to
believe that the operation should be considered separately, in the normal process, without being
considered as part of this item.
Chair Fuller felt the motion to continue was to ask staff to come back with a modification in the
language that allowed some of the options the McCormacks raised. That was the only area in
the City being considered for that type of service.
Commissioner Tuchscher thought that although the McCormacks were trying to tag on to an
ongoing effort, it was appropriate. They were an adjacent land use no different from new
construction adjacent to a residential area. There was no concern relative to parking ratio.
Regarding the paved lot, decomposed granite or some other solution seemed more appropriate
than paving and more cost effective. He felt the indoor auction was overkill and onerous to that
type of business.
Commissioner Carson felt uncomfortable responding to something they had received that evening
and thought it was fair that staff have an opportunity to review it. She was also uncomfortable
with the term "general merchandise."
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June 9, 1993
Assistant Planning Director Lee said that there was no problem with staff looking at those
concerns, but they wanted to keep in mind the long-term picture. The property was adjacent to
the Baldwin development and the future development of industrial in the Otay Ranch. He
thought staff needed to look at the setting and what would be created out there, whether or not
there should be some time frame. That was the advantage of going through the conditional use
permit process.
Commissioner Moot believed the item before them should be acted on, and that the McCormacks
should bring theirs before the Commission separately. He was reluctant to consider the two
items together.
Assistant City Attorney Rudolf agreed with Commissioner Moot. He felt the McCormacks'
proposal raised many different issues that had not been examined and might have other
environmental impacts not connected to the item being considered. The item before the
Commission had been reviewed, had been discussed with the person most directly affected, and
was prepared to go forward unless the Commission wished to make changes. The Commission
had a clear choice to either approve what was before them and separate the two, or combine the
two together in their motion for a continuance. Staff's recommendation was that the
Commission act on the proposal before them, either approving it or amending and approving it.
Chair Fuller noted that in that case the McCormacks would have to go through the process and
pay all the fees.
Associate Planner Miller said that the Commission could direct staff to do that, or they could
simply direct the applicant to file an miscellaneous Planning Commission action with the
appropriate filing fee. He noted that staff was trying to clarify Council priorities and balance
projects that were coming in. Should staff time be spent for this type of an application without
any fees?
In reply to Chair Fuller, Commissioner Ray said the intent of the motion was two-fold: 1) that
one zone be created that could be applied in industrial areas within the City, not just to A-Z
Towing. It could encompass the automobile lien sales, large heavy equipment items, and other
items mentioned. 2) Give City staff enough time to expand the resolution to include language
in the amendment to make auctions such as the McCormacks' an acceptable use under that zone.
Commissioner Tuchscher again said that he had a concern keeping the issues separate. This was
a public hearing and an appropriate time for the McCormacks to come forward with revisions
that concern them. He was speaking in favor of continuing the item.
Chair Fuller asked the City Attorney if there was any time pressure to pass the ordinance as
presented because of the Siroonian settlement. Mr. Rudolf answered negatively.
Principal Planner Griffin suggested a 90-day continuance to the meeting of September 22, 1993,
since there may be a need for another environmental review with legal noticing and posting.
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June 9, 1993
VOTE:
7-0 to continue PCA-93-01 to the meeting of September 22, 1993.
Chair Fuller noted that the Commission had not taken any action on the item, but had continued
it until the meeting of September 22. That should give the McCormacks time to work with staff.
She thanked them for their input.