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HomeMy WebLinkAboutPlanning Comm Rpts./1995/05/24 (9) PLANNING COMMISSION AGENDA STATEMENT Item 3 Meeting Date 5/24/95 ITEM TITLE: Public Hearing: PCA-94-05: Consideration of amendments to Sections 19.58.225 and 19.60.600 ofthe Municinal Code to allow freewav-oriented electronic message board signs to be established "offsite" at selected locations - Citv Initiated In October 1992, the Redevelopment Agency approved the Master Plan for the Chula Vista Auto Park located on the south side of Otay Valley Road, to the east of the 1-805 Freeway. The Agency and the auto dealers agreed that the City would assist in undertaking the necessary actions to permit the consideration of an electronic message board sign to identify the Auto Park to the Interstate 1-805 Freeway (see Exhibit "B"). The first Auto Park dealerships have been completed and the dealers are anxious to proceed with an amendment which would allow the construction of a freestanding electronic message board sign at the southeast quadrant of the 1-80510tay Valley Road interchange, just outside the boundaries of the Auto Park. Such "offsite" signs are not presently permitted within the City. On August 24, 1994, the Planning Commission voted 4-0 to recommend approval of a previous version of these amendments. At and following that hearing but prior to consideration by the City Council, however, concerns arose from the auto dealers regarding the 30% public service message component of the language, and also from the City Attorney regarding the legality of the proposed conditions under which an off-site sign could be approved. As a result of these concerns, staff has prepared a totally revised version of the text amendment. The Environmental Review Coordinator has conducted an Initial Study (IS-94-29) of potential enviromnental impacts associated with the implementation of the project. Based on the attached Initial Study and comments thereon the Coordinator has concluded that there would be no significant enviromnental impacts and recommends adoption of the Negative Declaration issued on IS-94-29. RECOMMENDATION: Adopt Resolution PCA-94-05 recommending that the City Council amend Sections 19.58.225 and 19.60.600 of the Municipal Code in accordance with the attached draft City Council ordinance and the findings contained therein. BOARDS/COMMISSIONS RECOMMENDATION: At its April 6, 1995 meeting, the Town Centre I Project Area Committee voted 6-0 to recommend approval of the amendments with the stipulations that (1) the public service announcement requirement be set at a minimum of 20%, and (2) if a message is displayed in a language other than English, then that message should also be translated into English. Page 2, Item ~ Meeting Date 5/24/95 At its April 10, 1995 meeting, the Otay Valley Road Project Area Committee voted 4-1 to recommend approval of the amendments as proposed. DISCUSSION: In 1992, the Planning Commission and City Council approved an amendment to the Code to allow for on-site electronic message board signs. The amendment limited such signs to specific zones within the Town Centre and Otay Valley Road redevelopment project areas where interest in utilizing message board signs had either been expressed or anticipated. The Auto Park was one of the areas where the use of a message board was considered appropriate, but it was not anticipated that the sign would need to be constructed offsite in order to achieve adequate visibility from the Freeway. A message board at the Otay Valley Road/I -805 interchange is considered by the auto dealers essential to the success of the Auto Park, which is a subregional or even regional serving use, but which is not located directly adjacent to the Freeway. The use of both on- and off-site message boards is common in the case of auto parks and centers, which according to the experts rely heavily on drive-by trade, and which are certainly one of the largest contributors to the tax revenues which support City services and facilities. The amendments would relate directly to the provisions which presently allow on-site message boards only within the Town Centre I, Town Centre II, and Otay Valley redevelopment areas upon approval of a sign program by the Redevelopment Agency following a recommendation from the Design Review Committee. The amendments have also been narrowly drawn in terms of their application, i.e. there could only be one off-site sign per redevelopment area, and they could only be freeway-oriented signs. Flexibility would be allowed, however, in considering the appropriate size and dimension of a sign in order to provide adequate freeway visibility, and in considering the amount of time required to be devoted to public service messages. The differences between the original and the present proposal are as follows: . Only one off-site freeway-oriented electronic message board sign is allowed in each of the selected redevelopment areas; the prior amendment would have allowed as many as one off-site sign every 1/2 mile. . The amount of time required to be devoted to public service messages is not specified, but is subject to the discretion of the Community Development Director in approving the operational program for the sign; the prior amendment would have required a minimum of 30% of each hour to be devoted to non-commercial messages. . Monument (ground) electronic message boards are permitted; these were prohibited in the prior amendment. . The present amendment requires the message board to be made reasonably available to other commercial uses within the redevelopment area; the prior amendment specifically prohibited any commercial advertising other than that of the "sponsor" of the sign. Page 3, Item ~ Meeting Date 5/24/95 . Off-site message boards would be limited to a specified time period of operation and use; the prior amendment had no time limit. With regard to the proposal by the auto dealers to delete the 30% minimum for public service messages, they argue that the cost of the sign and its monthly maintenance by the auto dealers), coupled with the several auto dealers which would eventually be advertising on the sign, would render the 30% requirement unreasonable in this particular case. Staff concurs that perhaps it is more appropriate to review each set of circumstances on a case-by-case basis. This approach may also be supported by revisions made by the City Attorney which would require time on the sign to be made reasonably available to any other commercial enterprise in the redevelopment area. The City Attorney's revisions have been made in order to address legal concerns with the City "arbitrarily" limiting the number of such signs and regulating the content of the message to the sponsor only, as the prior language would have done. The amendments are now tied directly to the goal of eliminating blight and promoting redevelopment in the specified redevelopment areas by allowing all of the businesses in the redevelopment area to avail themselves of time on the sign. By doing this it is the City Attorney's opinion that we can legitimately limit the number of such off-site signs to one per redevelopment area on a first-come, first-served basis. A copy of the originally proposed text amendment is attached as Exhibit "A". Attachments Planning Commission Resolution Draft City Council Ordinance Exhibit "B": Language from Agency/Auto Dealer Agreement Exhibit "A": Original Proposed Code Amendment Language Planning Commission Resolution & Minutes from Meeting of August 24, 1994 Town Centre PAC minutes from meeting of April 6, 1995 Otay Valley Road PAC minutes from meeting of April 10, 1995 Negative Declaration and Initial Study IS-94-29 PLANNING COMMISSION RESOLUTION RESOLUTION NO. PCA-94-05 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AMENDMENTS TO SECTIONS 19.58.225 AND 19.60.600 OF THE MUNICIPAL CODE TO ALLOW FREEWAY-ORIENTED ELECTRONIC MESSAGE BOARDS TO BE ESTABLISHED OFFSITE AT SELECTED LOCATIONS WHEREAS, a duly verified application for an amendment to the Municipal Code was filed with the Planning Department of the City of Chula Vista on June 8, 1994 by the City of Chula Vista; and WHEREAS, said application requested approval of amendments to the Municipal Code to allow off-site electronic message boards per the provisions of Sections 19.58.225 and 19.60.600; and WHEREAS, the Enviromnental Review Coordinator conducted an Initial Study (IS-94-29) of potential enviromnental impacts associated with the implementation of the project and based on the attached Initial Study and comments thereon the Coordinator has concluded that there would be no significant enviromnental impacts and recommended adoption of the Negative Declaration issued on IS- 94-29; and WHEREAS, the Planning Director set the time and place for a hearing on said proposed amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 24, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, at the August 24, 1994 meeting, the Planning Commission voted 4-0 to recommend approval of the proposed amendments to the City Council; and WHEREAS, at and following that hearing, but prior to consideration by the City Council, concerns arose regarding the public service component of the proposed language and regarding the legality of the proposed conditions under which an off-site sign could be approved; and WHEREAS, as a result of those concerns the proposed amendments have been revised to address the concerns stated, and the item was rescheduled for public hearings; and WHEREAS, at its April 6, 1995 meeting, the Town Centre I Project Area Committee voted 6-0 to recommend approval of the revised proposed amendments subject to certain conditions; and WHEREAS, at its April 10, 1995 meeting, the Otay Valley Road Project Area Committee voted 4-1 to recommend approval of the revised proposed amendments; and WHEREAS, the Planning Director set the time and place for a new hearing on said revised proposed amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely May 24, 1995 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds that the project will have no significant enviromnental impacts and adopts the Negative Declaration issued on IS-94-29. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, based on the facts presented at the hearing, recommends that the City Council adopt the attached draft ordinance amending Sections 19.58.225 and 19.60.600 of the Municipal Code based on the findings contained therein. BE IT FURTHER RESOLVED that this resolution supersedes the previous resolution PCA-94- 05. That a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of May 1995 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: William C. Tuchscher II, Chairman N aney Ripley, Secretary DRAFT CITY COUNCIL ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING SECTIONS 19.58.225 AND 19.60.600 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW FREEWAY-ORIENTED ELECTRONIC MESSAGE BOARDS TO BE ESTABLISHED OFFSITE AT SELECTED LOCATIONS WHEREAS, a duly verified application for an amendment to the Municipal Code was filed with the Planning Department of the City of Chula Vista on June 8, 1994 by the City of Chula Vista; and WHEREAS, said application requested approval of amendments to the Municipal Code to allow off-site electronic message boards per the provisions of Sections 19.58.225 and 19.60.600; and WHEREAS, the Enviromnental Review Coordinator conducted an Initial Study (IS-94-29) of potential enviromnental impacts associated with the implementation of the project and based on the attached Initial Study and comments thereon the Coordinator has concluded that there would be no significant enviromnental impacts and recommended adoption of the Negative Declaration issued on IS- 94-29; and WHEREAS, the Planning Director set the time and place for a hearing on said proposed amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 24, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, at the August 24, 1994 meeting, the Planning Commission voted 4-0 to recommend approval of the proposed amendments to the City Council; and WHEREAS, at and following that hearing, but prior to consideration by the City Council, concerns arose regarding the public service component of the proposed language and regarding the legality of the proposed conditions under which an off-site sign could be approved; and WHEREAS, as a result of those concerns the proposed amendments were revised to address the concerns stated, and the item was rescheduled for public hearings; and WHEREAS, at its April 6, 1995 meeting, the Town Centre I Project Area Committee voted 6-0 to recommend approval of the revised proposed amendments subject to certain conditions; and WHEREAS, at its April 10, 1995 meeting, the Otay Valley Road Project Area Committee voted 4-1 to recommend approval of the revised proposed amendments; and WHEREAS, on May 24, 1995, the Planning Commission voted to adopt superceding Resolution No. PCA-94-05 and thereby recommend that the City Council enact the proposed amendments to the Municipal Code; and WHEREAS, the City Clerk set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. WHEREAS, the City Council hereby finds that the project will have no significant environinental impacts and adopts the Mitigated Negative Declaration issued on IS-94-29. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: That the public necessity, convenience, general welfare, and good zoning practice justifies the amendment and that the amendment is consistent with the City of Chula Vista General Plan. SECTION II: That Sections 19.58.225 and 19.60.600 of the Municipal Code shall be amended to read as follows: Section 19.58.225 Offsite Advertising Signs Offsite advertising signs or structures are prohibited in all zones except ~ - f~) hyapproval of a conditional useperffiidor tile purPose of relocatioriof existing structures as encouraged by the State of California Business and Professions Code, Section 5412. 19.60.600 Redevelopment Electronic Message Board Regulations Electronic message board signs may be authorized on a case by case basis by the Redevelopment Agency in any CO, CC, or IL zoned areas located within Town Centre I, Town Centre II and Otay Valley Road redevelopment areas, subject to conditions deemed appropriate by the Redevelopment Agency upon recommendation by the Design Review Committee as part of an approved sign program. Said conditions shall include, but are not necessarily limited to, the following: A. The location of said sign shall be at least one-half (112) mile in any direction from any other lawfully permitted electronic message board sign, ~ngl~!f~~Ic~lug!ng~~n1lpl~~)9t~t~~!~~~!\\\j~PU!8m:~~~~~~9p~i;g ~Jgq~r~~~Y~lqpi~qt!Wlr............ ...... ... ..... ....... .... .... . B. The operator of said sign shall devote a p~j:\t#:trnJAii5!~~t9i~!I~!lt minimum of thirty pereeBt (39%) of each hour of the time the sign is in operation during normal business hours of the establishment to messages conveying non-commercial announcements or other messages of benefit ~~i1iii1~111Iti'li\IIRIIII*,ittm'l ~g~nGY and shall. be included in aeeoFdaaeev/ifu acletaijecl operational program subject to review and approval by the Community Development Department; C. Said signs shall not result in an increase in the allowable sign area or ~~~~~tro~~:.t~P7 .?~.sig~i~thezone, except ~ in the C~() (~d!J:!mi~ativiillrld.1?rrifiis$i~iiit1~I~) zoned areas, in which case adclitioflaj sign area for saicl signs up to a maximum of fifty ~g9~ti!:i)'!ift square feet may be allowed, 6r~~)t~r6ffsit~friiii\V~xt~tJ,~~t~~~je6it6iiiB R~~~~li~~f~I'I~'11I~1~'~~1~~~~lrll~I~~g~1 ;lr~;;!~~i~~~~~i~~~C~~$!~t$R~!I~I~~~~~i$i9!1!i~f~ D. Said signsshalIelMY be located onmajor or collector streets;~5~~~~~9f qit$JIm:s~~~gSI~;q~i~}Y~is9i~~~H~~9!!~~#g~9j~iil~]2~~i;I}Y~Yi E. Rooftop aad IfItJIItIIHeBt (grouBd) electronic message board signs are expressly prohibited; SECTION III: Presented by F;~f~~~~!~~~$~~~~!$I~!g~~ij~9.t:9f~I!~~MI9~~9f ~~r~~~~~~~!~!.~~'~'~~'~~~~~j~!I~~~?~i'~'~f?f 1[_ittl~I'~~~rill'I'j~1~lrlr~111il~~I[~lrl.I~~~~11 - Ilrll~I{I~I~I,.,~I~111111111111 111~llllr~lll~ill'r~!~il~.~i~l~r~.llllllr~1 ~~I~~9!~~~P!I!@~~~~~$1j9~9!"W!f!!M!~!~~M\~)~~~ir II~tillll~ll~~~_~~lfll!~li'~~l1t'l~iiil~III_1 li\.~Q...~..~In.~.'.f.~l....t.b..i....L....~ent.~....r........~. r...~..I~P!lf!~Hg~~!HI.~~.f9ft~q~gB~qg~~n~~~ .................... ........ Failure to comply with any condition of approval shall be considered grounds for revocation of the approved sign program. This Ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Approved as to fonn by Robert A. Leiter Director of Planning (m: \home\planning \patty\pcc9409. cc) Bruce M. Boogaard City Attorney EXHIBITS EXHIBIT A Original Proposed Code Amendment Language Section 19.58.225 Offsite Advertising Signs Offsite advertising signs. or structures are. prohibited. in all zones except il$f6~~~S!f~I'j'~~ ~~Ji by approval of a conditional use permit for the purpose of relocation of existing structures as encouraged by the State of California Business and Professions Code, Section 5412. 19.60.600 Electronic Message Board Regulations Electronic message board signs may be authorized on a case by case basis by the Redevelopment Agency in any CO, CC, or IL zoned areas located within Town Centre I, Town Centre II and Otay Valley Road redevelopment areas, subject to conditions deemed appropriate by the Redevelopment Agency upon recommendation by the Design Review Committee as part of an approved sign program. Said conditions shall include, but are not necessarily limited to, the following: A. B. c. D. F. The location of said sign shall be at least one-half (1/2) mile in any direction from any other lawfully permitted electronic message board sign; The operator of said sign shall devote a minimum of thirty percent (30 %) of each hour of the time the sign is in operation during normal business hours of the establishment to messages conveying non-commercial announcements or other messages of benefit to the community in accordance with a detailed operational program subject to review and approval by the Community Development Department; Said signs shall not result in an increase in the allowable sign area 6iliiilght for the type of sign in the zone, except ~ in the C-O (.A,Qfij.i~*tiiJijjy~~*~~r*t\ilt.J,~fi~ zoned areas, in which case additional sign area for said signs up toamaxiillum of fifty ~ Said signs shall be located on major or collector streets; E. Rooftop and monument (ground) electronic message board signs are expressly prohibited; ~l_~1;;;;Jt~~I~I;~i;;~~f.M,~~!i!~~~~~~~l1iiS{j~~t'~~i~~!~~~~~~. Failure to comply with any condition of approval shall be considered grounds for revocation of the approved sign program. ) j EXHIBIT B Language from agency/auto dealer agreement g) Either (meaning that either of the options described below shall be equally acceptable to Redeveloper): (x) at Redeveloper's sole cost and expense (except as expressly provided to the contrary below), and with such cooperation as Agency can reasonably provide, arrangements reasonably satisfactory to Redeveloper (including, without limitation, the conduct of such public hearings as staff may deem necessary thereto) shall be made to permit Redeveloper, at its sole cost and expense, to erect and maintain in the vicinity of the southeast quadrant of the intersection of Otay Valley Road and the Interstate a "reader board", visible in both directions of Interstate travel, to advertise the Project, or (y) Otay Valley Road shall (following such public hearings as staff may deem necessary thereto) be renamed to a name to be agreed upon between the parties hereto (but to contain the words "auto park", "auto mall", "auto mart" or such other combination of words reasonably satisfactory to Redeveloper which indicate the existence of retail auto sales). Should negotiations with the owners/operators of the site proposed for such "reader board" prove unsuccessful, and should Agency make the necessary findings as required by law and determine to acquire certain interests by eminent domain proceedings, Agency shall be required to incur the costs of eminent domain counsel in connection therewith. In no event shall Agency be required to take title to any ownership interest in the "reader board" (or property upon which it is situated) other than as a conduit. Redeveloper shall bear any and all costs associated with Changing signs to reflect the renaming. As is provided in clause (ii), below, in no event shall the foregoing be construed as any commit.ent on the part of Agency or any other government agency to use its power of eainent domain, or to .ake any other particular finding: 1-: 5 PLANNING COMMISSION RESOLUTION AND MINUTES FROM MEETING OF AUGUST 24, 1994 RESOLUTION NO. PCA-94-05 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AMENDMENTS TO SECTIONS 19.58.225 AND 19.60.600 OF THE MUNICIPAL CODE TO ALLOW FREEWAY-ORIENTED ELECTRONIC MESSAGE BOARDS TO BE ESTABLISHED OFFSITE AT SELECTED LOCATIONS WHEREAS, a duly verified application for an amendment to the Municipal Code was filed with the Planning Department of the City of Chula Vista on June 8, 1994 by the City of Chula Vista; and WHEREAS, said application requests approval of amendments to the Municipal Code to allow off-site electronic message boards per the provisions of Sections 19.58.225 and 19.60.600; and WHEREAS, the Enviromnental Review Coordinator has conduc!ed an Initial Study (IS- 94-29) of potential environmental impacts associated with the implementation of the project and based on the attached Initial Study and comments thereon the Coordinator has concluded that there would be no significant enviromnental impacts and recommends adoption of the Negative Declaration issued on IS-94-29; and WHEREAS, the Planning Director set the time and place for a hearing on said proposed amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 24, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION fmds that the project will have no significant environmental impacts and adopts the Negative Declaration issued on IS-94-29. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, based on the facts presented at the hearing, recommends that the City Council adopt the attached draft ordinance amending Sections 19.58.225 and 19.60.600 of the Municipal Code based on the fmdings contained therein. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommendation for approval of said amendments is in recognition that proposed Section 19.60.600.F may be modified in consultation with the City Attorney's office prior to fmal approval and adoption by the City Council. That a copy of this resolution be transmitted to .the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of August 1994 by the following vote, to-wit: AYES: Commissioners Martin, Ray, Salas and Tarantino NOES: None ABSENT: Commissioners Fuller, Tuchscher (both with prior notification) and Moot ~c-.g~ Jo . Ray, Vice Ch 'r ~~~~ Nancy pley, Sec tary (f: \home\p lanning \patty \pca9405 , per) --.. --- ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING SECTIONS 19.58.225 AND 19.60.600 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW FREEWAY-ORIENTED ELECTRONIC MESSAGE BOARDS TO BE ESTABLISHED OFFSITE AT SELECTED LOCATIONS WHEREAS, a duly verified application for an amendment to the Municipal Code was filed with the City of Chula Vista on June 8, 1994 by the City of Chula Vista; and, WHEREAS, said application requests approval of amendments to the Municipal Code to allow off-site electronic message boards per the provisions of Sections 19.58.225 and 19.60.600; and WHEREAS, the Enviromnental Review Coordinator has conducted an Initial Study (lS-94-29) of potential environmental impacts associated with the implementation of the project and based on the attached Initial Study and comments thereon the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS- 94-29: and WHEREAS, on August 24, 1994, the Planning Commission voted to adopt Resolution No. PCA-94-05 and thereby recommend that the City Council enact the proposed amendments to the Municipal Code; and WHEREAS, the City Clerk set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least IO days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely September 13, 1994 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. WHEREAS, the City Council hereby finds that the project will have no significant environmental impacts and adopts the Mitigated Negative Declaration issued on IS-94-29. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby find, determine, and ordain as follows: SECTION I: That the public necessity, convenience, general welfare, and good zoning practice justifies the amendment and that the amendment is consistent with the City of Chula Vista General Plan. SECTION III: Presented by ~ (- F. Commercial messall!~ must be 4~ly nilited tQ ~ ~ qf ~ /rip; second party commercial adver1laW,g is p@mbit~. Failure to comply with any condition of approval shall be considered grounds for revocation of the approved sign program. This Ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Robert A. Leiter Director of Planning Approved as to form by Bruce M. Boogaard City Attorney MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:05 p.m. Wednesdav. August 24. 1994 Council Chambers Public Services Building 276 Fourth Avenue. Chula Vista ROLL CALL COMMISSIONERS PRESENT: Vice Chair Ray, Commissioners Salas, and Tarantino COMMISSIONERS ABSENT: Commissioners Fuller and Tuchscher (excused), and Moot STAFF PRESENT: Assistant Planning Director Lee, Principal Planner Griffm, Associate Planner Batchelder, Community Development Specialist Martinez, Redevelopment Coordinator Kassman, Contract Attorney Basil MOTION TO EXCUSE MSC (Tarantino/Martin) 4-0 to excuse Commissioner Tuchscher who was out of town. It was noted that Commissioner Fuller had been excused at a previous meeting. Vice Chair Ray acted as Chair in the absence of Commissioner Tuchscher. PLEDGE OF ALLEGIANCE Vice Chair Ray led in the pledge of allegiance to the flag and a moment of silence. INTRODUCTORY REMARKS Vice Chair Ray reviewed the composition of the Planning Commission, its responsibilities and the format of the meeting. APPROVAL OF MINUTES - None ORAL COMMUNICATIONS - None As requested, the Commission considered Item 2 before Item 1. PC Minutes -3- August 24, 1994 Vice Chair Ray asked if, upon an application to convert from the prior designation as it was built, they would still be required to go through all the same normal procedures. Mr. Batchelder concurred. VOTE: 4-0 (Commissioners Fuller, Moot, and Tuchscher absent) ITEM 1: PUBLIC HEARING: PCA-94-05: CONSIDERATION OF AMENDMENTS TO SECTIONS 19.58.225 AND 19.60.600 OF THE MUNICIPAL CODE TO ALLOW FREEWAY-ORIENTED ELECTRONIC MESSAGE BOARD SIGNS TO BE ESTABLISHED "OFFSITE" AT SELECTED LOCATIONS - City Initiated Principal Planner Griffin stated that when the City originally negotiated with the auto dealers, specifically Fuller Ford and South Bay Chevrolet, regarding the Auto Center on Otay Valley Road, one of the agreements reached was that the City would assist the dealers in either obtaining a message board-type sign on the freeway or changing the name of Otay Valley Road. The decision was not to pursue a name change on Otay Valley Road, but to pursue an amendment to the Code to allow off-site message board signs. This is a new concept, coupled with the electronic message board amendment which was made approximately two years previously which would allow message boards in the Town Centre and Otay Road Redevelopment Areas. Mr. Griffin noted that the Otay Valley Road Project Area Committee had considered this item on Monday and requested that four areas of interest be transmitted to the Commission and Council: 1) they felt this was a selective amendment that was favoring the Auto Center and thought other businesses should have the opportunity to establish this type of sign, as well; 2) concerned about the provision which would prohibit secondary advertising on the sign; 3) felt the City should make an attempt to notify the residents once a particular sign design came in--those residents close to the freeway would have to look at the sign, 4) felt it was important that the sign be well designed, sensitively designed, because it would reflect on the image of the City. Mr. Griffm noted that the City Attorney's office and the Planning Department had been working on a legal question regarding proposed item (t) in the resolution. He asked that the Commissioners consider an additional paragraph being distributed to them which would formally indicate that the Commission recognizes that there was work continuing on that item and it may be changed prior to going to the City Council. Commissioner Martin stated this would not be a flashing sign with a big arrow; it would be a sign tastefully done with information running across it to be seen by the public. There would not be a lot of light coming from the sign. He felt that particular phase of the lighting program should have no impact on the residents living on the side of the hill, and asked if the residents' concerns had been addressed. Mr. Griffm answered that there was no specific design; the conceptual designs limit the size of the message board part of the sign to text. He did not think it would be type of sign which would be large with dramatic light effects. If, in fact, that was proposed the residents would be informed and they would have an opportunity to comment. PC Minutes -5- August 24, 1994 Commissioner Martin noted that 30% was 18 minutes. The public notices would be bullets; he liked the idea of the community having a vehicle for communication. He did not think 18 minutes out of an hour was a lot. Ms. Strandgaard disagreed, because the automobiles go by the sign so quickly that it might hurt business, not just give public notice. She did not know where staff got the percentage. Assistant Planning Director Lee stated it was part of the existing ordinance, which was originally crafted to address the downtown area on Third and "H". The percentage was set by Community Development in part in looking at trying to provide a public service percent. For it to be broken down by zones would require additional review by Planrting and Community Development, readvertising and another public hearing. If the auto dealers wanted this to move forward, it would have to move forward as it stood. The item could be continued or they could come back and revisit this issue under a separate amendment. Noone else wishing to speak, the public hearing was closed. Commissioner Salas noted that Mr. Lee had brought up options for the car dealership, and she wanted to know what Ms. Strandgaard thought about the options. Vice Chair Ray reopened the public hearing and Ms. Strandgaard reapproached the podium. Ms. Strandgaard asked that the Commission proceed with the amendment, and if they want to go back and readvertise, they would have to do so. They wanted to proceed with the existing requested amendment and supported staff's recommendations, and they would work with staff regarding the 30 % requirement. Vice Chair Ray asked if the Commission approved the amendment, item "b" would be have to be approved "as is" or if another item could be added that would includ,: negotiations between the applicant and the City. Assistant Planning Director Lee thought it could be done if the options were left open as the item moved forward to City Council, making sure that the advertisement for the hearing before the City Council. Staff would want to make it clear to the Council what issues were discussed with the Commission. Ms. Strandgaard stated that, at this point, even though the item had not yet been carried forward to Design Review, they were trying to get a reader board out as soon as possible with the opening of the auto mall happening in the next month. They did not want to slow the approval up; they could install a reader board advertising the 30% and still try to work with Council at a later time. Mr. Lee felt that would work best from a timing perspective. Commissioner Martin noted that it was still the auto park providing the community with the service. Mr. Lee stated that it had not been discussed with Community Development or the applicant; there should be further discussion and brought back before the Commission later. Vice Chair Ray then closed the public hearing. PC Minutes -7- August 24, 1994 ADJOURNMENT at 7:45 p.m. to the Regular Business Meeting of September 14, 1994, at 7:00 p.m. in the Council Chambers. ~c; ~Pley~ Planning Commission (8-24-94.min) DRAFT MINUTES TOWN CENTRE PROJECT AREA COMMITTEE CITY OF CHULA VISTA Thursday, April 6, 1995 8:45 a.m. Council Conference Room City Hall 1 . Roll Call Members Present: Chairman Blakely, Members Altbaum, Hawk, Killian, Mason and Winters. Members Excused: None Staff Present: Assistant Engineer, Mike Donnelly; Principal Community Development Specialist, Pamela R. Buchan; Principal Planner, Steve Griffin; Redevelopment Coordinator, Fred Kassman; Community Development Specialist, Miguel Tapia. 2. Approval of Minutes of February 2,1995. MSUC (Hawk/Altbaum) to approve the minutes as mailed. The applicant for the land use permit item was late in arriving. Therefore, Parking Business was taken out of order. PARKING BUSINESS 5. Passenger Loading Zone for New Medical Building at 256 Landis Avenue Community Development Specialist Miguel Tapia introduced the item by stating that the Traffic Engineering Division of the City's Engineering Department received two requests for loading zones from different offices in the same building. One was a request for a loading zone on Davidson Street, which is a very narrow street. The second request was from the Developer of the building requesting a loading zone in front of the building on Landis Avenue. The second request would require the removal of one parking space. Some discussion followed regarding the two requests and it was clarified that this would only be a passenger loading zone. Assistant Engineer Mike Donnelly further explained that staff's recommendation was to grant one loading zone on Landis Avenue. MSUC IAltbaum/Winters) 16-0) to accept staff's recommendation that the Committee recommend to the City Engineer removal of the first meter on the west side of Landis Avenue south of Davidson Street and install a one stall passenger loading zone. 6. Time Limit Zone on E Street Mr. Tapia said that another request was received from a business on the northwest corner of Garrett and E Street. This site is slightly out of the Redevelopment Project Area; but, within the Parking District. The request is to designate the area in front of the store as short-term parking. The business owner is requesting this because there are presently no meters in front Minutes April 6, 1995 Page 2 DRAFT of their business and many people who are not their customers will park in front of their business all day. Therefore, they are requesting that a 30-minute zone be designated in front of their business. Engineering Department has reviewed this and they are recommending the 30-minute zone designation on a trial basis. Chairman Blakely asked how this could be enforced effectively. Staff responded that the 30-minute time limit would discourage people from parking there in itself. If someone decided to park there for longer periods than 30 minutes, then they would be ticketed. Member Mason asked if any business in the City could request 30-minute parking in front of their business. His concern was that we might see an influx of 30-minute parking spaces throughout the City. Mr. Tapia replied that it is not the policy within the Parking District. He said that the policy exists only within the Redevelopment Project Area. Member Mason asked if there are businesses in the area who would be adversely affected by this change. Mr. Donnelly answered no. Businesses around this area have other places where their employees may park. MSUC (Winters/Mason) 16-0) approve the recommendation to establish a 30-minute time limit zone in front of a business on the northwest corner of Garrett and E Street for an 8-month trial basis. REDEVELOPMENT BUSINESS 4. Electronic Message Board - Revisions to Language in Municipal Code Principal Planner, Steve Griffin, distributed copies of the amendment along with additional proposed language, a copy of the original text and a copy of how the code reads now for on- site electronic message boards. He said that the City Attorney is proposing changes to the language in the Municipal Code dealing with electronic message boards. He also said that the auto dealers had expressed concern with the 30 percent public service component. They feel that if and when the auto park develops as proposed, there will be several dealers who will all want time on the sign and that 30% public service time will be too much. The dealers are hoping to get the 30% figure changed to a discretionary amount to be determined along with the rest of the operational package by the Community Development Director. Mr. Griffin explained what the differences wel'e in the language that was presented to the DRAFT Minutes April 6, 1995 Page 3 Committee previously. The proposed changes state that you can only have one off-site message board per Redevelopment Project Area and it must be oriented towards the freeway. The intent of the sign must be to further the purpose of the Redevelopment activity within the Redevelopment Area. Previously the ordinance stated that there could not be any second- hand advertising (only the sponsor of the sign could advertise on the sign). The City Attorney restructured the amendment to allow others within the Redevelopment Area to be offered tirne on the message board. The auto dealers were given a chance to respond to this change in the ordinance; but, so far they have not responded. It is assumed that they have agreed to accept this change. Member Altbaum asked if off-site was where the sponsorship of the board would be split and if that would also apply to on-site. Mr. Griffin answered no it would not. He said that in provision F he added off-site message board to the beginning so that it would be clear that second-hand advertising would only apply to the single off-site message board. Member Mason asked for clarification regarding the number of off-site and on-site electronic message boards per Redevelopment Project Areas. He asked if Town Centre I could have an off-site electronic message board. Mr. Griffin said no because Town Centre I is not adjacent to a freeway and the sign not only must be adjacent to a freeway but also within the Redevelopment Project Area. Chairman Blakely said he had a problem with leaving the public service announcement restriction open. His feeling is that it is difficult enough to enforce the 30% public service announcement time without leaving it wide open. Member Mason added that he did not think 30% public service announcements was unreasonable. Mr. Griffin suggested that the Committee could recommend that the 30% public announcement stipulation remain in the amendment. Member Altbaum expressed his concern regarding the language that the electronic message board would be displaying. Mr. Griffin said that because of the problem with the Third Avenue and H Street sign that the question of which language the sign is in, would be addressed on each of the operational programs. Redevelopment Coordinator, Fred Kassman clarified the limitation of off-site and on-site signs. He said that Cal-Trans does not allow off-site signs in Chula Vista. Cal-Trans will allow the installation of a sign if the business is on the highway. He stated that if a business is not on Minutes April 6, 1995 Page 4 DRAFT the highway then there are a couple of loopholes in the law that will allow those signs. One of the loopholes is that if the business is in a planned development area. Since the Redevelopment Area is considered a planned development area a sign in the Redevelopment Area is considered an on-site sign. He explained that if you propose an off-site sign in a non- Redevelopment area, Cal-Trans will not allow it. Mernber Altbaum asked why would the City grant a business a monopoly on a sign without placing any restrictions on them. Mr. Kassman answered by saying that this was in the agreement between the auto park developers and the City whereby they request that the City assist them with the locating of a reader board sign visible from the highway. Unfortunately, the only sign that was available was the site on the Vince Davies property which already had a reader board sign. The auto park developers then had to negotiate with Mr. Davies to lease the property, buy off the owner of the reader board sign, bring in electricity and pay all the costs of operating the sign. It all became very expensive. Therefore, when the City asked for the 30% public service time on the electronic message board, they would not agree to it. Chairman Blakely asked if they were unhappy with the 30% public service announcement restriction, what was their counterproposal. Mr. Griffin said it was his feeling that they understood that there would be a public service component; but, they felt that 30% was a little too much. Chairman Blakely asked if the 30% public service announcement component has been met at Third Avenue and H Street. Mr. Tapia answered that it has been met; but, not every month. He said that in the month of February it had not been met. He said that the manager of the office building indicated that there had not been any requests received for public service announcements. He informed them that the City's Public Information Officer sent out a letter to non-profit organizations inviting them to utilize the message board at Third Avenue and H Street. Member Altbaum said that he felt the public service announcement requirement should be at least somewhere between 20 to 25%. Member Mason said his preference would be to come up with a set minimum amount of public service time that must be adhered to. Chairman Blakely said he felt that there should also be a restriction on the maximum amount of time that the message board could be run in a language other than English. Member Altbaum expressed his concerns over how the messages were being monitored to see if the 30% public service time was being adhered to. He also asked what language the DRAFT Minutes April 6, 1995 Page 5 messages were displayed in and if that was included within the 30% if it is in a language other than English. Principal Community Development Specialist Pamela Buchan responded that if the messages were displayed in two languages then 15% could be in English and 15% could be in Spanish. MSUC (Mason/Altbaum) (6-0) to accept the City Attorney's proposed changes to the language in the Municipal Code dealing with message boards with the stipulation that the public service announcement requirement be at a set minimum of 20%. Amended Motion (Mason/Altbaum) (6-0) to amend the motion to include that if a message is displayed in a language other than English, then that message should be translated in English. 3. Land Use Permit for New Life Christian Fellowship Mr. Tapia briefly introduced the item. The New Life Christian Fellowship is proposing to rent the second floor of the building at 347 Third Avenue for the purpose of religious worship and instruction. This type of use requires a Special Land Use Permit which must be approved by the Redevelopment Agency. The Redevelopment Agency is expected to review this item at their meeting of April 18, 1995. Staff is recommending approval of the permit with conditions for one year. The Committee members discussed this item and expressed their concern with regards to parking. However, it was decided that the days and hours of operation would not conflict with the daily normal parking requirements of other businesses. In fact, the proposal might bring additional customers to the various eating establishments in the area. MSUC (Mason/Winters) (6-0) to support staff's recommendation to approve the land use permit for the New Life Christian Fellowship for one year with conditions. CHAIRMAN'S COMMENTS: None. MEMBERS' COMMENTS: Member Altbaum requested that staff provide a copy of the procedures for an Administrative Hearings for people who contest a parking ticket. Member Hawk asked if there was a manner in which we could encourage the parishioners of the Baptist Church to use their own parking lot instead of the new pay lot on Third Avenue. She mentioned that she has noticed that their lot has been locked while the City lot was full. Ms. Buchan suggested that if this is impacting anyone that they should call Ken Lee in the Planning Department. Minutes April 6, 1995 Page 6 DRAFT STAFF COMMENTS: None. PUBLIC COMMENTS: None. ADJOURNMENT: The meeting was adjourned at 10: 15 a.m. to the regular meeting of May 4, 1995. Sylvia C. Simmons, Recorder ITC P ACminDisk/4-06-95 .min] Minutes OTAY VALLEY ROAD PROJECT AREA COMMITTEE Monday, April 10, 1995 9:00 a.m. Conference Rooms 2&3 Public Services Building 1 . ROLL CALL PRESENT: Chairman Casillas, Members Palumbo, Hall, McMahon, Nava ALSO: Fred Kassman, Redevelopment Coordinator; Steve Griffin, Principal Planner; John McCormick, property owner, Vince and Tom Davies, property owners, George Krempl, Deputy City Manager 2. APPROVAL OF MINUTES from the meeting of January 23, 1995 Member Palumbo pointed out a typographical error in the fourth paragraph on page two under item 3. The word "Ford" is misspelled, the letter "d" is omitted. MSUC (Casillas/McMahon) to approve the minutes as corrected t5-O-OJ. 3. REPORT: Proposed Trash Transfer Site, Maxwell Road Deputy City Manager George Krempl presented the background and current status of the proposed trash transfer site on Maxwell Road within the Redevelopment Project area. Mr. Krempl indicated that the issue was the competitiveness of the trash system. The City Council indicated their desire to investigate the feasibility of a trash transfer site. At the transfer site, trash is separated into larger vehicles and can be hauled to landfills with lower tipping fees. At the trash transfer site, the recyclable items such as plastics, newspapers, etc. are taken out for resale. The City issued an RFP to develop a trash transfer site. Five proposals were received. The firm of Sextan and Chula Vista Sanitary Service were chosen as the best proposer. He indicated they could develop the transfer system for a total cost of $48/ton versus $55/ton currently being charged by the County landfill. The City was paying $74/ton at the landfill. It was recently reduced to $55/ton. The City has a contract with Sexton to locate a trash transfer site. Three sites were investigated. One on Bay Boulevard and two in the Otay Valley Road Redevelopment Project Area. Council eliminated the Bay Boulevard (SDG&EI site. The focus was on the two properties located in the project area. Some weeks ago, Council directed that a purchase agreement be executed with R. E. Hazard for use for approximately 10 acres of their site located on Maxwell Road. There is a tentative agreement with Hazard on the business terms acquisition of the property. The proposed project will require a special use permit which will come before the PAC. The decision to construct has not yet been made. It will take approximately 18 months to complete the necessary permitting for the facility. Chula Vista's pursuit of the trash transfer site is causing changes in the County's thinking which may result in lower rates. The City wants to have the possibility of the trash transfer site as an option in case the County chooses to raise its rates. Use of the Campo landfill is another possibility. Mid- America Company is developing the landfill and is proposing tipping fees of $25. The City of Chula Vista could use its transfer site and haul garbage to Campo and the total price could be cheaper than tipping fees at the Otay Landfill. Staff will come back to the PAC at the time of completion of the Initial Study and a description of the product, when completed. Project information is being developed at this time. Minutes, Otay Valley Road PAC -3- April 10, 1995 some problems in the language after it had been sent out and made some changes and passed out new language for the Committee to read. The revisions made to the code amendment limit offsite signs. Under item D, an offsite sign would have to be located adjacent to the freeway. Item F only relates to offset message boards and limiting the life span of signs. Member Palumbo indicated that the City doesn't really want a sign, but devised language so that only the auto park could use one. The section concerning time for public service doesn't require community public benefit for messages. If the amphitheatre is constructed, they will want to put up another sign. They should be allowed to share the Auto Park sign for a fee at the City's discretion. Mr. Griffin indicated that the amphitheatre consultants were contacted and indicated they were not interested in using a readerboard sign. Member McMahon questioned whether an advertising balloon, such as the one Fuller Ford is currently using is considered a sign. Mr. Griffin indicated that it is, and the Fuller Ford balloon should not be there. Member Palumbo Questioned if someone owning a business wants to have an open house or special occasion, it would be nice to have the option to put something on the sign. Everybody in the industrial park should have the option to use the sign. Mr. Griffin indicated that anyone in the redevelopment area can use the sign at a reasonable cost. The amphitheatre is outside the area. Chairman Casillas indicated that he did not think any language referring to the Redevelopment Project Area should be in the ordinance. Staff indicated that the code revision would go to the City Council and the Redevelopment Agency next. The Town Centre PAC was concerned about doing away with minimum public service time. They recommended that there should be a minimum 20% time dedicated for public service announcements. A minimum is necessary. Member McMahon asked whether groups outside the City where members are residents of the City could advertise on the sign. Staff responded that there is flexibility in determining what goes on the sign. MSC (McMahon/Naval to approve the code amendment language as proposed by staff (4-1-0; Hall opposedl. 5. STATUS REPORTS: a. Auto Park Staff indicated that the Auto Park is open but the Chevrolet dealership is having some financial difficulty at this time. It is possible that the ownership of the dealership may change through sale to another dealer, or it may be taken over by GMAC and run as a company store. The Ford dealership is surviving although sales are currently lower than anticipated. b. Otay Valley Road The Otay Valley Road Widening project should be completed by mid July. The pile of fill material at Brandywine A venue is actually the ground up surface material of the former road surface which will be used as a base for the new road. That material should be placed within the next two weeks. NEGATIVE DECLARATION negative declaration PROJECT NAME: Chula Vista Auto Park Sign PROJECT LOCATION: Southwest portion of property located at 4501 Otay Valley Road (I. 805 and Otay Valley Road) ASSESSOR'S PARCEL NO.: 624-060-27 PROJECT APPLlCAJII'T: Chula Vista Auto Park c/o CM&D 5469 Kearney Villa Road, Suite 3058 San Diego, CA 92123 CASE NO: 15-94- 29 DATE: July 8, 1994 A. Proiect 5ettin~ The project is proposed in the location of an existing free-standing billboard sign structure The surrounding property is undeveloped and has been used as a storage yard. The Ota)' RIver is to the i=ediate south of the sign location and the 1-805 freeway is to the immediate west B Proiect DescriDtion The project proposes an amendment to the Chula Vista Municipal Code to allow for construction of an off-premise sign that will ultimately incorporate an electronic reader board. The sign will be constructed on an existing pole in the location of an existing billboard sign structure. Ultimate height of the proposed sign will be 60 feet and the widest portion will be approximately 60 feet. Total approximate sign area is 650 feet. Electronic connections will require extension of UDdergroupd utilities across distw'bed land (storage yard). C. COmDatibilitv with Zoninp and Plans The project includes an amendment to the Cbula Vista Municipal Code to allow for an off. premise reader board siiD within a Redevelopment Project Area. D. Identification of Envirn'ftm~nta1 Bffects AD. initial study conducted by the City of CbuIa Vista (iDcludini tile .......IIM EnvirC)ft"""'t,a! Checklist Form) determined that tile proposed project will DOt have a ai&Dificant environmental effect, IDd the preparation of an Environmental Impact Report will not be required. This Negative Declaration bas been prepared in ICCOI'dance with Section 15070 of the State CEQA Guidelines. WPC FIBONE\I'I.AJ'ININGISTOREDII02O.9J;R<1 1021.93.1Im.93) ~,~ -. , - The foil 0\\ ing impacts have been determined to be less than significant These include Land l.1se, l.1tilities and Services and Aesthetics. E. Miti~ation necessary to avoid si~nificant effects The proposed project will not result any significant or potentially significant enviromnental impacts, therefore, no project specific mitigation is be required. F. Consultation I. Individuals and Or~anizations City of Chula Vista: Joe Monaco, Community Development Roger Daoust, Engineering Cliff Swanson, Engineering Hal Rosenberg. Engineering Bob Sennen, Planning Ken Larsen, Director of Building & Housing Carol Gove. Fire Marshal Crime Prevention, Mary Jane Diosdada Marty Schmidt, Parks & Recreation Dept Rich Rudolf. Assistant City Anorney - ~ D0cument, Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula VIsta Municipal Code 3 Initial Srudv This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmentaJ review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~~ E ONMENTAL REVIEW COORDINATOR EN 6 (Rev. 5/93) Page 2 WPC F:\BOME\J'l...A.NSno;G\STORED\1020.9XRef. 1021.93,1022.93) Case No. E!'.,'IRO!\~1E!'.lAL CHECKLIST FOR1\1 1. I"ame of Proponent: Chula Vista Auto Park 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: Chula Vista Auto Park c/o CM&D 5469 Kearney Villa Road. Suite 3058 San Diego. CA 92123 4. Name of Proposal: Chula \'i,ta Auto Park Sign 5. Date of Checklist: July 8. 1994 \1-'-- ~ ""H't'"f" .....'.....,..'r, c;"'J'ORfD PH 0.: 15-94- 29 Page 1 Pat_au,- rat_au,- .......... '- 'Oan .......... u..... .......... '0 I.pad MM.._ I.pad I.pad I. LA"'D t'SE A!\,'D PLA"'lNG. Would the proposal: a) Conflict with general plan designation or 0 0 181 0 zoning" b) Conflict with applicable environrnrntal plans or 0 0 0 181 policies adopted by agencies with jurisdiction over the project? c) Affect agricuJtural resources or operation.< (e.g., 0 0 0 181 impact.< \0 soils or farmlands, or impact.< from incompatible land uses)" d) Disrupt or divide the physical arrangement of an 0 0 0 181 established community (including a low-income or minority community)" Comments: The project con.<im of an amendment to the Municipal Code \0 allow for construction of an off-premJ>e sign. Con.<truction of the sign without the amendment wouJd be inconsistent with the Code However, the Code amendment. which is proposed as a pan of this project wouJd bring the project into compliance with the Code and no mitigation is required. No significant impacts related to zoning incO!1.,istency would result from the project - II. POPl"LATIO...... A"'D HOl'SING. Would the proposal a) Cumulatively exceed official regional or local population projection.<" b) Induce substantial grov.'th in an area either directly or indirectly (e.g., through projects in an undeveloped area or exten.<ion of major infrastructure)" o o o 181 o o o 181 c) Displace existing housing. especially affordable housing" Comments: The characteristics of the project do nO! have the capacity to affect popuJation or housing. o o o 181 1lI. GEOPHYSICAL. Would tht proposal result in or t:IJlose people to potelllial impacts involving: a) Unstable earth conditions or cban&es in eeoloeic 0 0 0 III substructures? b) Disruptions, displacements, compaction or 0 0 0 III overcoverin& of the soil? c) Change in topography or ground surface relief 0 0 0 181 features" d) The destruction, coverin& or modification of any 0 0 0 181 unique eeoloeic or physical features? Pas' 2 WPC' Fc\HOMFJ>l.A"''NINO'ST'ORED,1711.9oI '__aD:< .....~ ........ '- ,... ......... u_ -- No "'''- M......ed ",..- I.,.d e) Any increase in wind or water erosion of soils, 0 0 0 IBI either on or off the site" 1) Changes in deposition or erosion of beach sands, 0 0 0 IBI or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 IBI hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The project is proposed to replace an existing billboard sign and will not result in ground dISturbance or construction of a facility in a location that is not geologically suitable for the proposed u~e. I\". WATER. Would rhe proposal resulr in: a) Changes in absorption rates, drainage patterns, 0 0 0 IBI or the rate and amount of surface runoff? b) Exposure of people or prope!1Y to water related 0 0 0 IBI hazard, such as fl ooding or tidal waves" c) DIscharge into surface waters or other aJteration 0 0 0 IBI of surface water quality (e.g.. temperature, di>>olved oxygen or turbidity)" d) Changes in the amoum of surface water in any 0 0 0 IBI water body" e) Changes in currems, or the course of direction 0 0 0 IBI of water movements, in either marine or fresh water~ ') 1) Change in the quantity of ground waters, either 0 0 0 IBI through direct addition.< or withdrawaJs, or through interception of an aquifer by cutS or excavations ? g) Altered direction or rate of flow of 0 0 0 B groundwater? h) ImpactS to groundwater quality? 0 0 0 B i) Alterations to the course or flow of flood [J [J D II waters? j) Substal11ial reduction in the amoum of water 0 0 0 B otherwise available for public water supplies? Comments: The project does not propose any physical change that would affect surface or groundwater. Page 3 WPC' F:IHOMFPlAo,;NINO\STORED'>1.,1I.9oI Pot....1aDy P_....alt:r .......... I-t_rr. ........- ~ ........... N. J_,.d M.p_ I_,.d I_...d Y. AIR QCALm'. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 ISI an existini or projected air quality violation" b) Expose sensitive receptors to pollutantS" 0 0 0 ISI c) Alter air movement, moisture, or temperature. 0 0 0 ISI or cause any chanie in climate, either locally or reiionally" d) Create objectionable odors" 0 0 0 ISI e) Create a substantial increase in stationary or 0 0 0 ISI non.stationar)' source~ of air emissions or the deterioration of ambient air quality" Comments: The project doe, nO! propo;e any activitie, that would have the potential to substantially affect alf quality. either directly or indirectly. \1. TRA!>lSPORT A TlO,,"/CIRCULA TIO"'. Would the proposal result In. a) Increa,ed vehicle trip, or traffic congestion" 0 0 0 ISI b) Hazard, to ,afelY from design feature, (e.g., 0 0 0 ISI sharp curve, or dangerou, intersection.<) or incompatible u,e, (e.g.. farm equipment)" c) Inadequate emergency acce>> or access to nearby 0 0 0 ISI use~') d) Insufficient parking capacity on-site or off-site" 0 0 0 ISI e) Hazard, or barrier, for pedestrian.' or bicyclist'" 0 0 0 ISI f) Conflict' with adopted policies supporting 0 0 0 ISI alternative tranSponation (e.g. bus turnouts, bicycle racks)? g) Rail. waterborne or air traffic impacts? 0 0 0 1m h) A "Jar!:e project" under the COlliestion 0 0 0 ISI Management Prov.un? (AD equivalem of 2400 or more averaie daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The project will nOl !:enerate trips or create demand for parkin&. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts /0: a) Endan&ere.d, sensitive species. species of 0 0 0 ISI concern or species that are candidates for listini" WPC f,\HOhIE\P~~!"IQ_~,171!." Pale 4 P....~ PaL_aD! -- ~~_D S_ U.... -- No ....0 ~ip.1M1 1...1;f ..,.I;f b) Locally designated species (e.g., heritage trees)" 0 0 0 181 c) Locall) designated natural communities (e.g, oak 0 0 0 181 forest, coastaJ habitat, etc.)" d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 181 pool)" e) Wildlife dispersal or migration corridors? 0 0 0 181 f) Affect regional habitat preservation planning 0 0 0 181 efforts? Comments: The project wou1d not resu1t in disturbance of any natural habitat. \111. E!'or:RGY A)'l> Mr-.r:RAL RESOL'RCES. Would the proposal' a) Conflict with adopted energy conservation plans" 0 0 0 181 b) Use non-renewable resources in a wasteful and 0 0 0 181 inefficiem manner? c) If the site i, designated for mineral resource 0 0 0 181 protection. will this project impact this protection" Comments: The proJect will not conflict with any cotl5ervation plans or resu1t in the wasteful cOTl,umfni()n of re~our..:.:e~. IX. HAZARDS. Would the proposal involve: a) A risk of accidentaJ explosion or release of 0 0 0 181 hazardous substances (incIutling. but not limited to petroleum products, pesticides, chemicals or radiation)" b) Possible interference with an emergency 0 0 [J 181 response plan or emeriency evacuation plan? c) The creation of any health hazard or poten1ial [J 0 0 B health hazard? d) Exposure of people to existin& sources of [J [J 0 181 potemial health hazards? e) Increased fire hazard in areas with fI.mmable [J [J [J 181 brush, iT3Ss, or trees? Comments: The limited scope and nature of the project would not result in any substantial public hazards. Page S WJI(' J: \~OI,{F PLA"'NINQ\ST'QRED 1711.901 P."~ P..,.~ -- ~t_1I .- u_ -- No 1...1.':1 MMipI.d I.pal.':l 1.,.1.':1 X. NOISE. Would the proposal result in: a) Increase~ in ex.isting noi~e levels? 0 0 0 181 b) Exposure of people to severe noise levels? 0 0 0 181 Comments: The project does not propose any activities that would ienerate noise or expose people to nOlse. XI. PUBLIC SER'lCES. Would the proposal have an effect upon, or result in a need for new or al!ered government services in any of the following areas: a) Fire protection" 0 0 0 181 0\ Police protection') 0 0 0 181 cJ Sch("'ol~ ') 0 0 0 181 d) Mamtenance of puol}C facilities. including 0 0 0 181 road~') e) Oth~r goverrunemal ser\'ice~: 0 0 0 181 Comments: The scope and nature of the project would not result in impacts to these services, XII. Thresholds. \\711 the proposal adversely impact the 0 0 0 181 00 'j Threshold Srundllrd.s? The City', ThreshoJd Standards are not applicable to this project, XIII. l'TILITIES AND SER'lCE SYSTEMS. Would the proposal result in a need for new systems. or subsrunnal al1eran'ons to the follO"1ng wiliries: a) Power or natural gas" 0 0 181 0 b) Communications systems~ 0 0 0 181 c) Local or reiional water ueatmem or distribution 0 0 0 lID facilities? d) Sewer or septic tanks? 0 0 0 lID e) Storm watet drainaie? 0 0 0 lID f) Solid waste disposaJ~ 0 0 0 lID Comments: The project will require extension of new electronic connections, however, no siznificam impacts are anticipated to result from installation of these facilities, wPC Fc\BOME\PLA."'ISINO\STORED-1711.94 Page 6 r....aD:< PCli_~ ....-- L-t_1I .- U..... ........- No .....c.t Mliipted I.,..c.t .....c.t X]\". AESTHETICS. ""'ould the proposal: a) Ohstruct any scenic vista or view open to the 0 0 181 0 public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic 0 0 181 0 route? c) Have a demonsuable negative aesthetic effect' 0 0 181 0 d) Creale added light or glare sources that could 0 0 181 0 increase the level of sky glow in an area or cause this project to fail to comply with Section 1966100 of the Chula Vista Municipal Code. Title 19" e) Reduce an additional amount of spill light" 0 0 0 181 Comments: The project would allow cOI1$truction of a sign in the location of an existing sign facility. The sign would not suhstantlally deviate from the dimension.\ of the existing sign ~trucrure and would not produce a stgnificant adverse visual impact. nor create a substantial amount of light or glare. )",. Cl'LTI"RAL RESOL'RCES. Would (he proposal: a) Will the proposal result in the alteration of or 0 0 0 181 the destruction or a prehistoric or historic archaeological site" 0) Will the proposal result in adverse physical or 0 0 0 181 aesthetic effecl.s to a prehistoric or historic buildmg. structure or object? c) Does the proposal have the potential to cause a 0 0 0 181 physical change which would affect unique ethnic culrural values' d) Will the proposal restrict existin2 reli&ious or 0 0 0 181 sacred uses within the potemial impact area? e) Is the area idemified on the City's Genera! PIan 0 0 0 181 EIR as an area of high potemial for archeological resources? Comments: The project would nOl disturb any land nOl previously disturbed by human use, nor any land that has any known potemial for the presence of cuJruraI resources. Page 7 .. - ~~-~ .." ". P...a>>y -- I.pad. ,...an, -- '*- ......... .... ,... -- ..... No I.,.d. X\1. PALEOJ\,OLOGICAL RESOURCES. Will the proposal resul1 In the al1erarion of or the tkstrnction of paleontological resources? Comments: The project would not disrurb any land that has any known potemial for the presence of paleomologicaJ resources. o o o 181 X\'II. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 181 regional parks or other recreational facilities" b) Affect existing recreational opporrunities" 0 0 0 181 c) Interfere with recreation parks & recreation 0 0 0 181 plarL' or program'" Comments: The scope and nature of the project would not result in impacts to recreation. }"III. MA,....'1>ATORY FTh"DINGS OF SIGNIFlCA,lI/CE: See !Vegati,'e Declaration for mandatory findings of significance If an EIR is neetkd. this secnon should be completed. a) Doe, the project have the potential 10 degrade the quality of the environment. substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population 10 drop below self-sustaining levels, threaten 10 eliminate a plant or animal community. reduce the number or restrict the range of a rare or endan2ered plant or animal or eliminate important examples of the major periods or California hi.llOry or prehistory? Comments: Based on the anaIysi.l in the Initial Study, no siinificam impacts were found to occur to biologicaJ or cultural resources. Implementation of the project would actUally improve the biological resource conditions at the site. o o o 181 b) Does the project have the potelltiaI to achieve 0 0 0 III shon-term, to the disadvamage of 10D&-temt, enviromnemal 2oals? Comments: No loss of natural resources which could provide 10D&-term environmemaI benefits would be affected by this project. WPC F;\HOMFJ"l.ANNINO\S"roREIt\1711.JW Page 8 P."~ ,...au, -- I-t_1I -- .... .......~~ "0 1_..eII ........ 1_..eII 1_..eII C) Doe~ the project have impacts that are 0 0 0 181 ind]\'iduaJly limited, but cumulatively considerable' (" Cumulatively considerable. means that the incrememal effects of a 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 project>.) Comments: The anaJysis in the InitiaJ Study found no cumulative impacts. d) Does the project have environmemal effect 0 0 0 ~ which will cause substantiaJ adverse effects on human beings. either directly or indirectly' Comments: The anaJysis in the Initial Study found that no direct or indirect adverse effects would o~cur to human being, from the proje~t. The issues relevant to this finding including air quaJity, water, noise. light and glare. land use compatibility, risk of upset, populationlhousing. traffic, public services, human health. aestheti~,. and natural hazards (earth). Pas' 9 Wt>I'"" J:\I-I()~ f'J..........'NQ'ST'QIU:!' .~1' ~ E!Io'\lRO!'o'ME!'o'T AL FACTORS POTE/Io'TlALL Y AFFECTED: The enviromnemaJ factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significam Impact" or "Potentially Significam Unless Mitigated: as indicated by the checklist on the following pages. o Land Use and Planning o Population and Housing o Geophysical o Water o TransportAtionlCirculation o Biological Resources o Energy and Mineral Resources o Hazards o Public Services o Utilities and Service SystemS o Aesthetics o Cultural Resources o Recreation o Air Quality o Noise o Mandatory Findings of Significance DETER!\m;A TlOl'O: On we basis of this initial evaluation: I find wa! we proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that alwough the proposed project couJd have a significant effect on we environment, were will not be a significant effect in this case because we mitigation measures described on an attached sheet have been added to we project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that we proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find wat we proposed project MAY have a significant effecl(s) on the environment, bul al least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal sW1dards. and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if we effect is a "potentially significant impacts" or 'potentially significant unless mitigated.' An ENVIRONMENTAL IMPACT REPORT is required, bUI it must analyze only the effects that remain to be addressed. sr2!?~ 7/ t!/"'f Dare Joseph Monaro, AlCP Environmental Projects Manager City of Cbula Vista II o o o 1NPC F: \HOME\P'lANNlNO\STOl.ID\l' 11. "" Page 10 TRANSMITTAL MEMORANDUM DATE: May 10, 1995 TO: Honorable Chainnan and Members of the Planning Commission FROM: Robert A. Leiter '1'l;/ Director of Planning ~ SUBJECT: Workshop Item Re: Multiple Species Conservation Program The City of Chula Vista has been participating in the development of a draft Multiple Species Conservation Program (MSCP) Plan, which is being prepared by the City of San Diego Metropolitan Wastewater Department for its regional sewerage service area, including Chula Vista and several other jurisdictions. The City of San Diego recently_released a public review draft of the MSCP Plan and has requested comments. The following are the stated objectives of the program: Efficiently and effectively comply with the Endangered Species Acts through a regional and habitat-based approach to protect endangered, threatened and rare species and to preclude the need to list more species as endangered or threatened_ - Enable and facilitate economic development of the region, including development of public and private projects, on lands not designated for habitat preservation. Achieve a workable balance between preservation of natural resources and regional growth and economic prosperity. To achieve these general objectives, the draft MSCP Plan contains the following elements: 1. The plan defmes a proposed Multi-Habitat Planning Area (MHP A) within which preserve planning is focused, or in some cases, within which a preserve boundary is defmed for future dedications and acquisitions. The MHP A conserves sufficient habitat to protect an identified list of species and provides for wildlife use and movement to pennit self- sustaining populations. 2. A partnership is proposed between federal, state and local agencies of govermnent and with private property owners to cooperatively implement the plan through local project review and approvals and through public commitments of lands and money for acquisition. Planning Commission May 10, 1995 3. The plan provides a framework for development of subarea plans (more specific habitat conservation plans) and/or project plans to directly implement the MSCP, and provides guidelines on land use regulations and project mitigation for local jurisdictions to develop their own implementing tools. 4. A financing and acquisition strategy is presented which equitably spreads costs among all beneficiaries and provides an affordable program. 5. Recommendations for long-term management and for monitoring of the system build-out and success are provided, along with guidelines for compatible land uses and activities within and adjacent to the preserve. Enclosed is a copy of the Executive Summary of the Draft MSCP. Staff will provide a presentation of the Program at the workshop on Wednesday, May 17, 1995, and will welcome any questions, comments or concerns. Enclosure (:\MSCP.PC) 2 Public Reviev\I Draft Multiple Species Conservation Program MSCP Plan Executive Summary " DRAFr MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) PLAN EXECUTIVE SUMMARY March 1, 1995 Table of Contents ~ 1. Introduction and Objectives 1 2. Study Area Biology, Ownership and Land Uses 2 3. Conservation Plan 5 3.1 Plan Description 5 3.2 Biological Conservation 6 3.3 Preserve Assembly and Operation 10 3.4 Implementation Process and Structure 14 4. Compatible Uses and Preserve Management Guidelines 16 5. Economic Impact Analysis 18 6. Statement of Assurances and Implementing Agreement 20 7. Planning Process and Participants 21 90-day public review period ends May 30, 1995. Comments may be sent to: Comments MSCP Plan 600 B Street, Suite 500 San Diego, California 92101