HomeMy WebLinkAboutOrd 2007-3081
ORDINANCE NO. 3081
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE
SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL
LOCATED AT 696 NAPLES STREET FROM R-3 P-9,
APARTMENT RESIDENTIAL, PRECISE PLAN, NINE
DWELLING UNITS PER ACRE, TO ILP, LIMITED
INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE
PLAN STANDARDS
1. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically
represented in Exhibit "A" and incorporated into the ordinance by this reference, and for the
purpose of general description consists of one parcel totaling one acre, located at 696 Naples
Street (Project Site or Site); and
B. Project; Application for Discretionary Approval
WHEREAS, on February 28, 2006, a Zone Modification application was filed by Health
Advances, USA, (Applicant) with the Planning and Building Department of the City of Chula
Vista, requesting an amendment to the adopted zoning map or maps established by Section
19.18.010 of the Chula Vista Municipal Code in order to change the Project Site zone
designation from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) to
the ILP, Limited Industrial, Precise Plan and adopting Precise Plan Standards to guide the
redevelopment of the Project Site (Project); and
C. Prior Approvals
WHEREAS, on December 13, 2005, the Chula Vista City Council adopted a resolution
amending the Chula Vista General Plan, which included the re-designation of the project site
from Residential Medium (6-11 d.u.lac.) to Limited Industrial; and
D. Planning Commission Record on Application
WHEREAS, the Planning Department set the time and place for a hearing on the Project,
and notice of the hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior
boundary of the Project Site, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on July 25, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 6-0-1-0 to recommend that the City
Council approve the zone district re-designation, including the Precise Plan Standards in
accordance with the findings listed below; and
Ordinance No. 3081
Page 2
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on July 25, 2007, and the minutes and
resolution resulting therefrom, are incorporated into the record of these proceedings; and
E. City Council Record on Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notice of the hearing, together with its purposes given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 feet
ofthe exterior boundaries ofthe Project Site at least ten (10) days prior to the hearing; and
WHEREAS, the City Council held an advertised public hearing on the Project on August
14,2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and
WHEREAS, after hearing staffs presentation and public testimony, and receiving the
recommendation of the Planning Commission, the City Council voted (6-0-1-0) to approve the
zone redesignation and Precise Plan standards and adopt a Precise Plan, in accordance with the
findings listed below; and
II. The City Council of the City Chula Vista ordains as follows:
A. Certification of Compliance with California Environmental Quality Act (CEQA)
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in previously adopted General Plan Update Final
Environmental Impact Report, EIR 05-01. Thus, no further environmental review or
documentation is necessary.
B. Independent Judgment of the City Council
WHEREAS, the City Council has exercised its independent review and judgment and
concurs with the Planning Commission, and Environmental Review Coordinator's determination
that no further environmental review is necessary.
C. The rezoning of the Project Site is consistent with the City ofChula Vista General
Plan, as approved on 12/13/05, and public necessity, convenience, the general welfare and good
zoning practice support the amendment to the Municipal Code.
D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the
Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A"
from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) zone, to the
ILP (Limited Industrial, Precise Plan) zone, as represented in Exhibit "B".
E. Precise Plan Findings
1. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
Ordinance No. 3081
Page 3
The City Council finds that the proposed precise plan standards contained in
attached Exhibit "B" will have a positive impact on the surrounding
neighborhood because the proposed standards allow the applicant to modifY
the project to be more compatible with adjacent residential development
presently existing in the area. The surrounding area includes single-family
dwellings to the east, a school to the south, industrial buildings to the north
and a railroad with adjacent mobile homes on the west. This development
will establish new standards, which are appropriate for the area, providing
more of a transition between existing single-family and light industrial
development.
2. That such plan satisfies the following principles for amendment of the "P"
modifYing district as set forth in CVMC 19.56.041:
(a) The City Council finds that the property is an area adjacent and contiguous
to a zone allowing different land uses, and the development of a precise
plan will allow the adjacent area to coexist with this land usage, wruch
might otherwise prove incompatible. A rezone to the ILP zone is the most
effective way of establisrung industrial development standards in a manner
that complies with the City's General Plan and Zoning Ordinance.
(b) Council also finds that the adoption of the Precise Plan standards will
allow the project to be designed with a more appropriate transition
between it and adjacent single family development, helping buffer the
adjacent homes from this use by incorporating walls and landscaped
setbacks, as well as moving roll-up doors and truck access to the rear of
the building.
3. That any exceptions granted which may deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose and
application of the Precise Plan. Development of the lot using the standards
normally required in the IL zone would limit the ability of the Applicant to
propose a design which:
(a) Meets the goal of buffering the single family residential uses to the east by
providing a more significant landscaped buffer along that property line.
(b) Provides for truck access to the rear of the building by moving the truck
maneuvering space to the south side of the property.
These requested deviations under the Precise Plan are warranted in order to
achieve the purpose of the Precise Plan Modifying District.
4. The approval of this plan will conform to the General Plan and the adopted
policies ofthe City OfChula Vista.
The project has been designed and evaluated in accordance with the goals and
objectives of the General Plan. The Precise Plan, as described above, will
allow the project to be consistent with the goals and objectives of the General
Plan, and the Chula Vista Municipal Code.
Ordinance No. 3081
Page 4
F. The Precise Plan and Precise Standards as depicted in Exhibit "B" are hereby
adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined in
Section II (E) above.
III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by
Approved as to form by
D. Sandoval
'ng and Building Director
~~~"\~~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChu1a Vista,
California, this 11 th day of September 2007, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Counci1members:
Ramirez, Rindone
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chu1a Vista, California, do hereby certify that the foregoing
Ordinance No. 3081 had its first reading at a regular meeting held on the 14th day of August,
2007 and its second reading and adoption at a regular meeting of said City Council held on the
11th day of September 2007.
Executed this II th day of September 2007.
~fu~~
Susan Bigelow, MMC, City rk
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Ordinance No. 3081
Page 5
cc
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPliCANT: Health Advances USA ZONE MODIFICATION
PROJECT Request Change zone from 1.0 acres lot from R3P9 (Apartment
ADDRESS: 696 Naples St. Residential Precise Plan 9 d.uJac.) to IL (LImited IndustriaQ.
SCALE: FILE NUMBER:
. NORTH No Scale PCZ-06-06 Related cases: 15-06-019, DRC-06-22
L:\Gabe Fllesllocators\pcz0606_zonlng-modiftca6on.cdr 07.12.07
.
"
.
Ordinance No, 3081
. Page 6
EXHIBIT B
Precise Plan Standards
1. SCENARIO I - FOR REMODEL OF EXISTING FACILITY:
Under this scenario, which could involve the remodel, expansion or alteration of the existing
facility, the following Precise Plan Standards shall apply:
1. Site Plan:
a. Loading and unloading facilities and activities, including roll up doors,
loading docks, forklift and delivery truck maneuvering areas, etc, shall be
relocated to the west side of the building.
b. All new structures shall observe the required building setbacks prescnbed in
Section 19.44 of the CVMC.
c. Design and location of trash enclosures shall comply with Section 19.58.340
of the CVMC.
d. Outdoor storage shall be properly screened from view with decorative type
fencing material to match the building, pursuant to CYMC Section
19.44.150. No outdoor storage shall be located on the south or east sides of
the building.
e. Fire and Explosive hazard: Prolnbited uses pursuant to CVMC Section
19.44.050 shall not be permitted on the premises. All uses involving
inflammable and explosive materials shall be subject to initial and continued
compliance with all applicable local and state uniform building codes.
2. Landscaping:
a. A twenty-foot landscape buffer shall be provided from the property line
along Naples Street and a ten-foot landscape buffer (5 ft. on-site and 5 ft. in
the public street right-of-way) shall be provided from the property line along
Colorado Street, as prescribed by CVMC 19.44.120.
b. A five-foot wide planter including a row oftreesl shrubs shall be installed
along the west property line to screen the loading/unloading facilities from
trolley passengers' view.
3. WallslFencing:
a. A six foot wall or fence may be located at any part of the lot, except that in
the front yard and exterior side yards, they must comply with setback
requirements, unless said fence is constructed of open, decorative material
such as wrought iron, and subject to review of the Zoning Administrator.
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Ordinance No. 308]
Page 7
Setback requirements are twenty feet from the south property line for the
front yard and fifteen feet from the east property line for the exterior side
yard. The waIl/fence design shall be coordinated with the landscaping
program.
4. Building Design:
a. The exterior of the building shall be treated with stucco or other finish
material more compatible with the northerly adjacent industrial buildings and
residential area across Colorado Street.
b. Under this scenario, the existing roll-up doors along the east side of the
building shall be relocated to the west side of the building.
c. An architectural element, such as an entry tower or similar structure, shall be
installed over the main entrance of the building.
d. The roof of the building shall be painted to complement the exterior finish
colors.
5. Signage:
a. One wall mounted, non-illuminated business identification sign is permitted
on the Naples Street side of the building. The size shall be limited to I square
foot per lineal foot of building frontage, and sign type should be individual
letters or similar.
b. One maximum eight foot high, 50 square foot maximwn size, non-
illuminated freestanding sign is permitted. The sign shall feature opaque
background with individual letters. Colors and materials shall match the
building design and finish treatment. The sign must comply with the sight
visibility requirements of the CVMC.
6. Lighting:
a. All light sources along the east and south property line shall be shielded in
such manner that the lights are directly away from streets and adjoining
properties. Lighting fixtures shall be integrated with the building
architecture. The intensity of the lights along the south and east property line
shall not exceed 0.5 foot-candles per sq. ft.
II. SCENARlO 11- FOR COMPLETE REDEVELOPMENT OF THE SITE
Under this scenario, the existing building is rerooved in its entirety and new industrial
development is built. For this scenario, the following Precise Plan Standards apply:
1. Site Plan:
a. Loading and unloading facilities and activities, including roll up doors,
loading docks, forklift and delivery truck maneuverings shall be located on
the west side of the building.
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Ordinance No. 3081
Page 8
b. All new structures shall observe the required building setbacks prescribed in
Section 19.44.080 of the CYMC
c. Design and location of trash enclosures shall comply with Section 19.58.340
of the CYMC.
d. Outdoor storage shall be properly screened from view with decorative type
fencing material to match the building, pursuant to CYMC Section
19.44.150. No outdoor storage shall be located on the south or east side of
the property abutting the residential neighborhood across Colorado street.
e. Parking lot screening consisting of a combination of decorative walls, and
landscaping, shall be provided along public streets.
f. Fire and Explosive hazard: Prohibited uses pursuant to CYMe Section
19.44.050 shall not be permitted on the premises. All uses involving
inflammable and explosive materials shall be subject to initial and continued
compliance with all apl?licable local and state uniform building codes.
2. Landscaping
a. A twenty-foot landscape buffer shall be provided from the property line
along Naples Street and a fifteen-foot buffer shall be provided from the
property line along Colorado Street, as prescribed by CYMC 19.44.120.
b. A five-foot wide landscape buffer with a row of trees! shrubs shall be
installed along the west property line to screen the loading unloading
activities from trolley passengers' view.
3. WallslFencing:
a. a. A six foot wall or fence may be located at any part of the lot, except that
in the front yard and exterior side yards, they must comply with setback
requirements, unless said fence is constructed of open, decorative material
such as wrought iron, and subject to review of the Zoning Administrator.
Setback requirements are twenty feet from the south property line for the
front yard and fifteen feet from the east property line for the exterior side
yard. The wall/fence design shall be coordinated with the landscaping
program.
4. Building Placement and Design:
a. Building(s) shall be located along the east setback line to the extent feasible,
allowing for loading and unloading facilities and activities on the west side
of the building, and driveways, walls and landscaping on the east side of the
building.
b. Building design shall resemble an office building as viewed from Colorado
Street.
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Ordinance No. 3081
Page 9
c. Building design and finish treatment shall be compatible with the northerly
adjacent industrial buildings and residential area across Colorado Street.
d. Building entrance shall be identified architecturally with a tower like
structure projecting above the roofline.
e. East side of the building shall be designed to include an office building
facade along the east side of the property, facing the residential
neighborhood across Colorado Street.
5. Signage
a. One wall mounted, non-illuminated business identification sign is permitted
on each side of the building. The size shall be limited to I square foot per
lineal foot of building frontage, and sign type should be individual letters or
similar.
b. One maximum eight foot high, 50 square foot maximum size, non-
illuminated freestanding sign is permitted. The sign shall feature opaque
background with individuai letters. Colors and materials shall match the
building design and finish treatment The sign must comply with the sight
visibility requirements of the CYMC.
6. Lighting:
a. All light sources along the east and south property line shall be shielded in
such manner that the lights are directly away from streets and adjoining
properties. Lighting fixtures shall be integrated with the building
architecture. The intensity of the lights along the south and east property line
shall not exceed 0.5 foot-candles per sq. ft.
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