HomeMy WebLinkAboutPlanning Comm Rpts. /2005/08/24
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
6:00 p.m.
VVednesday,August24,2005
Public Services Building
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER: Madrid_ Felber_ Nordstrom_ Cortes Horn
Bensoussan_ Tripp_
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES
August 10, 2005
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission
on any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: GPA 05-01, PCZ 03-01 and PCS 03-01; Consideration of
General Plan Amendment, Rezone and Tentative
Subdivision Map for a project known as EI Dorado Ridge,
Chula Vista Tract 03-01; located on the east side of
Brandywine Avenue, across from Mendocino Drive, north
of Main Street.
Staff recommends that public hearing be continued to September 14, 2005.
Planning Commission
- 2 -
August 24, 2005
2. PUBLIC HEARING:
PCC 05-70; Consideration of a Master Use Permit to
implement the provisions of the Eastlake II PC District
Regulations and thereby allow specified uses and
restrictions within the 36 acre portion of the Eastlake
Business Center known as the Design District Overlay,
located at the northeast corner of Otay lakes Road and
Fenton Avenue/Showroom Place.
Project Manager: Jeff Steichen, Associate Planner
3. Action:
Nomination of Planning
Representative for FY 05-06.
Commission
GMOC
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance for
meetings, and five days for scheduled services and activities, Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-
5647, California Relay Service is also available for the hearing impaired,
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
6:00 p.m.
Wednesday, August 10, 2005
Council Chambers
Public Services Building
275 Fourth Avenue, Chula Vista
6:09:49 PM
ROLL CALLI MOTIONS TO EXCUSE:
6:17:28 PM
Members present:
Horn, Madrid, Tripp, Nordstrom
Members absent:
Cortes, Felber, Bensoussan
Others absent:
Nancy Lytle, Assistant Planning Director
John Mullen, Deputy City Attorney III
John Schmitz, Principal Planner
PLEDGE OF ALLEGIANCE / MOMENT OF SILENCE
INTRODUCTORY REMARKS: Read into the record by Chair Madrid.
ORAL COMMUNICATIONS: No public input.
1. PUBLIC HEARING: 6:13:30PM GPA 05-01, PCZ 03-01 and PCS 03-01;
Consideration of General Plan Amendment,
Rezone and Tentative Subdivision Map for a
project known as EI Dorado Ridge, Chula Vista
Tract 03-01; located on the east side of
Brandywine Avenue, across from Mendocino
Drive, north of Main Street.
Staff recommends that public hearing be opened and continued to August 24, 2005,
MSC (Horn/Nordstrom) (4-0-3-0) that the Planning Commission open public
hearing and continue to August 24, 2005. Motion carried.
Planning Commission Minutes
- 2 -
August 10, 2005
2. PUBLIC HEARING
PCM 05-17; Otay Ranch Village Seven Sectional
Planning Area (SPA) Amendment redesignating a
portion of Neighborhood R-2 from SF-4 to RM-1;
located southeast of Birch Road and La Media
Road. Otay Project, LP.
Background: Harold Phelps reported that the Otay Land Ranch Company proposes to
amend (a) the Village Seven Land Use Districts Map and (b) the Planned Community
(PC) District Regulations in order to:
1) Designate the Neighborhood R-2 alley product lots RM-1, and
2) To allow for the design review flexibility to the fixed front yard setback requirement
for pedestrian-oriented entry features such as porches, verandas and semi-public
count yards.
Staff Recommendation: That the Planning Commission adopt Resolution PCM 05-17
recommending that the City Council approve the Village Seven SPA Amendment to re-
designate the alley product portion lots of Neighborhood R-2 from SF-4 to RM-1.
Public Hearing Opened:6:22:57 PM
Rainey Hunter, representing Otay Project LP stated she was available to answer any
questions the Commission might have.
Public Hearing Closed.6:23:38 PM
MSC (Tripp I Hom) (4-0-3-0) that the Planning Commission adopt Resolution PCM
05-17 recommending that the City Council approve the Village Seven SPA
Amendment to re-designate the alley product portion lots of Neighborhood R-2
from SF-4 to RM-1. Motion carried.
Director's Report:
Nancy Lytle, Assistant Planning Director reported that the Council Referral on the
Second Unit Ordinance is scheduled to go to the City Council in September. The
referral is due to citizen concerns resulting from an increase in construction of
accessory units.
Ms. Lytle also reported that staff is working on scheduling an orientation with the new
commissioners to meet with the Director of Planning, Building Official, and Assistant
Planning Director in order to provide them with very useful resource materials put
together by the League of California Cities, i.e., "Planning Commissioner's Handbook"
Planning Commission Minutes
- 3 -
August 10, 2005
as well as Brown Act materials to assist the members in their role as Planning
Commissioners.
Commission Comments:
Cmr. Madrid stated she read on a previous staff report, that the environmental
documents listed as part of a mitigation measure to impose a fee for street
improvements on a project that was in the vicinity of where she resides, although it had
nothing to do with the project that was on the agenda; this raised a concern of a
potential Conflict of Interest.
In light of the discussion, Cmr. Nordstrom pointed out that he most likely has a conflict
of interest relative to upcoming discussions of the General Plan Update's proposed
land uses in Western Chula Vista.
John Mullen expressed appreciation to both commissioners for bringing their concerns
to the forefront and stated he would look into it.
ADJOURNMENT at 6:32:49 PM to a regular Planning Commission meeting on
August 24, 2005.
Diana Vargas, Secretary to the Planning Commission
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CllY Of
CHULA VISTA
DepartInent of Planning and Building
Date:
To:
From:
Via:
Subject:
Cc:
August 24, 2005
Honorable Members of the Planning Commission
Richard Zumwalt, A.LC.P., Associate Plannerk
Nancy Lytle, Assistant Director of Planning .~
Item 1, E1 Dorado Ridge (GPA-05-01, PCZ -03-01, PCS-03-01)
This item was continued from the Planning Commission hearing of August 10,
2005 because staff received written comments during the public review period of
Mitigated Negative Declaration IS-02-45 for the El Dorado Ridge Project. Staff
and the applicant have met to discuss the comments and have agreed that a second
continuance to September 14, 2005 is necessary to conduct research and prepare
responses to the comments. Attached is the applicant's concurrence with the
continuance.
Jim Sandoval, Director of Planning and Building
Marilyn Ponseggi, Environmental Review Coordinator
Aug 17 05 09:52a
THE PHAIR CO.
(619J479-1767
p.2
THE PHAIR COMPANY
Real Estate Developrn em &- [nvestmeltts
3510 Tennis: Comt L<tTle
Bonita. CA 91902
Phone (619) 479.0394 .-ax (619) 479.1767
August 17, 2005
VIA FAX & NIAlL
619~409.5861
Rich Zumwalt
City of Chub. Vista
276 4lh Ave.
Chula Vista, CA 91910
RE: EI Dorado Ridge
Dear Rich,
We woultllik.c Lv n:yuc;:st a continuance of om pl<uming commission hearing tl:OlU the
cunent August 24th date to the healing schedu:ed for September 14th. Please caB me if
you have any questions.
Thank you,
~~
Tim Rhea
PLANNING COMMISSION AGENDA STATEMENT
..'\
Item: ~
Meeting Date: 08-24--2005
ITEM TITLE:
Public Hearing: PCC-05-070 consideration of a Master Use Permit to
implement the provisions of the EastLake II PC District Regulations and
thereby allow specified uses and restrictions within the 36 acre portion of the
EastLake Business Center known as the Design District Overlay.
The Applicant, International Real estate, submitted a conditional use permit application to consider
a master use permit to implement the provisions of the Design District Overlay outlined in the
EastLake II Planned Community District Regulations for 36 acre site located at 851-891 Showroom
Place. (see Locator Map, Attachment 1). The project includes a detailed description of operating
standards and other restriction related to land uses allowed within the project site.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed project was adequately
covered in the previously approved Mitigated Negative Declaration for the Eastlake III General
Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan Amendments (IS-OO-
13) and the associated Mitigation Monitoring and Reporting Program. Thus, no further
environmental review or documentation is necessary.
RECOMMENDATION: That the Planning Commission adopt Resolution PCC-05-070
approving the proposed master use permit, subject to conditions contained therein.
DISCUSSION:
1. Project Description
The purpose of this entitlement is to allow the operation of a home improvement/furniture and
accessories design center within the EastLake Business Center. There are no other existing centers
of this type within close proximity to South Bay. This center will offer one-stop shopping for the
home improvement needs of residents of both the area and surrounding region. Proposed uses
could range from showrooms and wholesale establishments for furniture, tile, and carpeting to
home gym equipment, lamps and lighting. The Master Use Permit to allow for the operation of a
design district through the implementation of provisions contained in the EastLake II PC District
Regulations. This will allow specified uses and restrictions within this portion of the EastLake
Business Center known as the Design District Overlay (See Attachment 3)
2. Project Background
The project involves a total of36 acres located within the Eastlake Business Center designated as a
Design District Overlay within the BC-11and use district. On AprilS, 2005 the City Council adopted
Page 2, Item:
Meeting Date: 8/24/05
Ordinance Number 2999 to amend Section N ofthe EastLake II PC District Regulations to clarify
land uses allowed within the project site. Section N.2 requires the approval of a Master Use Pennit
in order to implement the provisions of this section (See Attachment 2).
3. Project Setting:
The 36 acre project site is located at the northeast comer of Otay Lakes Road and Fenton
Avenue/Showroom Place in the EastLake Business Center. Surrounding land uses include Hitachi
and Leviton corporate headquarters to the west, vacant industrial land to the north, and single-family
residential to the east and south (see Locator Map). Phase I, located at the southeasterly portion of
the site is currently under construction.
4. General Plan, Zoning and Land Use
Site
Orientation
General
Development
Plan
Business Center
Business Center
Low Residential
Residential
Business Center
PC District
Existing Land Use
Site
North
South
East
West
BCI
SFNSF3
RP8
RPI, RP2
BCI
Vacant/portion under const.
Single Family Residential
Single Family Residential
Single Family Residential
Vacant;corporate headquarters
5. Staff Analysis
Land Use:
The proposed land uses within the Design District were previously established by the amendment to
the PC District Regulations which took effect on AprilS, 2005. These land uses are outlined in a
Section N.3, which is a new section added into the PC District Regulations. The broad categories of
land uses include: I) Manufacturing with showroom, 2) WholesalelRetail when in conjunction with
distribution and showroom, 3) Furniture Stores and 4) Eating and Drinking establishments. The PC
District Regulations further refine what specific land uses are allowed under each ofthese categories
and also place restrictions on the amount of certain uses such as eating and drinking establishments
(See Attachment 2).
Section N.3.E.5 grants authority for the Planning Commission to consider other uses on a case by
case basis for inclusion in the list ofpennitted uses within the Design District Overlay. Staff has
analyzed the request of the applicant to include the additional land use category of professional
offices which offer services related to the home improvement industry. Staff recommends this
category of uses be allowed by right within the center, with no restrictions on square footage. Staff
finds that this category will enhance the mixture of uses and services provided within the home
Page 3, Item:
Meeting Date: 8/24/05
improvement center.
Parking:
The proposed project involves a mixture of use types with different parking ratios required. Section
VIII.2 of the PC District Regulations outlines these requirements. A sampling of these parking
ratios is shown in table below below).
LAND USE CATAGORY
REQUIRED PARKING
PER SQ. Fr. OF
FLOOR AREA
1:200
1:200
1:300
1:600
1:800
General Commercial
Eating and Drinking Establishments within centers
AdminIProfessional Services
Appliance/Fumiture Store
Manufacturing
The category of distribution and showroom was not specifically indicated with its own parking ratio.
Based upon staff s analysis of the various categories of uses which would be permitted within the
Design District, a parking ratio of 1 parking space per 300 square feet is recommended. This ratio
incorporates a blending of the various land use categories allowed within the Design District.
Further, the use of a single parking ratio will result in a smooth transition between users who may
wish to locate within the center. Tenants proposing to lease vacant suites within the center will not
be subject to review ofthe adequacy of parking based upon land use category. This parking ration of
1 :300 was previously used as the basis for analyzing Phase I of the project (consisting of 231 ,000
square feet of building) which was reviewed by the Design Review Committee on April 19th 2004.
The 769 parking spaces proposed for Phase 1 exactly meet this parking ratio.
In addition to ground floor square footage, staff finds that this parking ratio includes allowances for
up to 25% of ground floor lease area to be used for mezzanines without requiring any additional
parking. Staff further finds that the newly proposed additional land use category for professional
offices related to home improvement fits within the blend of uses used to recommend the parking
ratio of 1 :300.
Conclusion
Staff recommends the Planning Commission adopt the proposed Resolution PCC-05-70. This
Resolution outlines the governing provisions for the operation of the design district.
Page 4, Item:
Meeting Date: 8/24/05
Attachments
1. Locator Map
2. Sections IV,2 and IV.3 of the PC District Regulations for EastLake II
3. Design District Overlay on Land Use District Map
4. Draft Resolution
5. Ownership Disclosure Statement
J :\Planning\Case Files\-05 (FY 04-05)\PCC\Public Hearing\PCC-05-070\Staff Reports\PC\PCC-05-070 Staff Report,doc
ATTACHMENT 1
LOCATOR
ATTACHMENT 2
SECTIONS IV.2 AND 3
EASTLAKE II PC DISTRICT REGULATIONS
IV.2 Design District (DD) ev.r~ay Desi.gnation - Master Condi tionaJ. Use Parmi. t
Required
This is an area (as shown on the Land Use District Map) that allows wholesale
and retail sales as well as professional services specifically for home
improvements, home furnishing and home design. Only those land uses specified
in section IV.3 may be permitted subject to the following requirements:
8.- The approval of Master Conditional Use Permit (CUP) of a master
planned area of no less than ten (10) acres for a Design District
operation. Said CUP shall establish the DO overlay for the area
of land specified therein. Said CUP, herein referred to as the
Master Use Permit (MOP) must be approved by the Planning
Commission.
B. The MOP shall remain in effect until such time as all design
district land uses specified under this section (other than
furniture sales) are no longer located within the buildings,
after which time the owner/applicant may request in writing that
the Master CUP shall become null and void.
C. Prior to meeting criteria (A) above, permitted land uses shall
include all uses listed under the BC-l land use district section
IV. 1 (above).
D. Following approval of a MUP for a Design District only the land
uses listed in section IV.3(E) shall be permitted within the
Design Overlay District:
IV.3 Design District (DD) Over~ay designation-restrictions and uses.
Uses permitted within the Design District are subject to the following
additional restrictions:
A. The uses are related to home improvement, home furnishing and
home design such as but not limited to sales showrooms for tile,
appliances, flooring or furniture.
B. The uses shall not include: warehouse retailers. department
stores or "cash and carry" businesses greater than 80,000 square
feet that primarily sell products for cash, usually without
delivery service.
C. Areas dedicated to showroom use shall primarily consist of
display area for products, Accessory items must be incidental to
display or confined to storage areas.
D. Outdoor display areas shall be restricted to those locations and
subj ect to conditions outlined in the Master COP and subject to
approval of an administrative CUP by the Zoning Administrator.
E. Only the following land uses shall be permitted once the MOP is
obtained:
Chapter n-8ection !!.3
EastLakc n SPA Plans
1. Manufacturing with showrooms for:
a. doors and windows
b. window covering and furniture upholstery fabrics
c. cabinets, closets and storage systems
d. picture framing
e. patio furniture
f. garage doors and equipment
g. pool and game table manufacturing
h. home gym equipment
i. Playground equipment
j. heating stoves and fireplace and outdoor cooking
equipment
k. pool and spa equipment
2. Wholesale/Retail when in conjunction with distribution and
showroom for:
a. floor covering (stone, tile, hardwood and carpeting)
b. kitchen appliances and fixtures
c. doors, windows and molding
d. window covering and furniture upholstery fabrics
e. cabinets, closets and storage systems
f. picture framing
g. patio furniture
h. garage doors and equipment
i. pool and game table
j. home gym equipment
k. playground equipment
1. heating stoves, fireplaces, outdoor cooking equipment
m. home theater systems and design
n. lamps and lighting
o. paint and wallpaper
3. Furniture Stores shall be allowed by right. There is no
restriction of the amount of retail sales allowed within
these establishments.
4. Eating and drinking establishments wi thin the DD are not
intended to compete with other cOI!Ul\ercial retail uses in
the area, are meant to serve employees and patro:t:ls of the
DD only, and are subject to the following regulations:
a. Establishments within individual suites:
i. Total area for all of such establishments shall
be limited to maximum 8,000 square feet for all
buildings within the DD overlay designation.
ii. A maximum of six freestanding food
establishments may be permitted within the DD
overlay district. An administrative conditional
use permit will be required for each eating and
drinking e~tablishment.
Chapter II-Section! !.3
EastLake II SPA Plans
_. ._. ... ._+____ _~__ __ ,..___u_ __ _.~__. ___
-. --..--. --------.--.
-. -- --. - - - -
b. Establishments within a primary tenant space:
i. Must be incidental to primary tenant
ii. Exterior' signage must be oriented only towards
the center parking area rather than street or
beyond.
iii. Are allowed by right once the MOP has been
approved
5. Other uses not specified in (1,2,3) above which are listed
as permitted uses under BC-l land use district or are
unique uses not anticipated by these regulations may be
considered on a case by case basis either by separate
Zoning Administrator COP or by the Planning Commission
before inclusion in the MUP in accordance with Chapter
19.14 of the Chula Vista Municipal Code.
6. Outdoor sales and display: The permanent outside sales and
display of merchandise shall be subj ect to Section
19.58.37Q(E) of the Chula Vista Municipal Code.
Chapter ll-Section !!.3
EastLakc IT SPA Plans
ATTACHMENT 3
LAND USE DISTRICT MAP
EASTLAKE II PC DISTRICT REGULATIONS
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ATTACHMENT 4
DRAFT
PLANNING COMMISSION RESOLUTION
RESOLUTION NO. PCC-OS-070
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA APPROVING A MASTER USE PERMIT
FOR A HOME IMPROVEMENT DESIGN DISTRICT LOCATED
ON 36 ACRES WITHIN THE DESIGN DISTRICT OVERLAY OF
THE BUSINESS CENETER OF THE EASTLAKE II PLANNED
COMMUNITY.
WHEREAS, the area ofland owned by EastLake Design District, LLC is the subject matter
of this resolution, and is represented in Exhibit "A" attached hereto and incorporated herein by this
reference; and for the purpose of general description is located at 851-891 Showroom Place
("Project Site"); and,
WHEREAS, on June 15,2005, a duly verified application for a Master Use Pennit (PCC-
05-070) ("Project") was filed with the City ofChula Vista Planning Division by EastLake Design
District, LLC ("Applicant"); and,
WHEREAS, Applicant requests a master use pennit to implement the provisions contained
in Section IV. ofthe EastLake II PC District Regulations which regulate land uses within the 36
acre project site ("Design District Overlay"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has detennined that the Project was
adequately covered in the previously approved Mitigated Negative Declaration for the EastLake II
General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA), and thus, no
further environmental review is necessary; and,
WHEREAS, a duly called and noticed public hearing was held at the time and place as
advertised on August 24, 2005, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue,
before the Planning Commission ofthe City ofChula Vista to receive the recommendation of City
staff and to hear public testimony with regard to the Project, and said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby find,
detennine and resolve as follows:
1. That the proposed use at this location is necessary or desirable to provide a service or facility
which will contribute to the general well being of the neighborhood or the community.
The proposed use within the EastLake Business Center will provide for the centralization of
home improvement uses within an area of Eastlake which is easily accessible both to residents of
Chula Vista as well as other communities within the San Diego region. The design center will
provide a unique destination oriented opportunity for members ofthe public who are interested
in some aspect of home improvement. Currently, there are no similar types of home improvement
design centers within the San Diego region within the vicinity of residents of South Bay.
2. 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.
The proposed use will not be detrimental to the health, safety or general welfare to the general
public, or be injurious to property or improvements in the vicinity. The project has been designed
to complement other uses located within the EastLake Business Center. Buildings and signage
have been oriented to minimize impact to existing residences to the east and south (across Otay
Lakes Road).
3. That the proposed use will comply with the regulations and conditions specified in the code
for such use.
Granting of this Master Use Pennit (MUP) is required in order to implement the provisions
outlined in section IV of the EastLake Business Center II SPA PC District Regulations. As such,
the uses and provisions covered under this MUP are in compliance with said SPA.
4. That the granting ofthis Conditional Use Permit will not adversely affect the General Plan of
the City or the adopted plan of any government agency.
The granting ofthis conditional use pennit will not adversely affect the Chula Vista General Plan in
the project is in compliance with the BC-11and use designation of both the EastLake II GDP as
well as SPA, as further restricted by the specific uses outlined in the PC District Regulations
regarding the Design District overlay.
BE IT FUTHER RESOLVED THAT the Planning Commission of the City of Chula Vista
hereby grants Conditional Use Pennit PCC-05-070 subject to the following conditions, whereby the
applicant and/property owner, prior to issuance of building pennits shall:
I. Prior to issuance of business licenses or building permits for tenant improvements, the
proposed land uses within the Design District must be evaluated against the following criteria:
1. The requested location within the design district has received prior approval by the Design Review
Committee.
2. Land uses pennitted within the Design District shall be consistent with those listed in Section
IV.3( e)(1 ,2) ofthe EastLake II Planned Community District and shall confonn to the requirements
listed in Section IV2 and IV3 of said District Regulations as modified by these conditions of the
MUP.
3. In addition to uses discussed in condition 1.1 above, professional offices which offer servIces
related to home improvement are pennitted by right.
J :\Planning\Case Files\-05 (FY 04-05)\PCC\Public Hearing\PCC-05-070\Resolutions\PC 05-070.doc
Page 2
4. In accordance with Section N. 3 ( e)( 4) of the EastLake II Planned Community District Regulations,
eating and drinking establishments within the entire Design District shall comply with the
following:
a. Freestanding establishments shall only located within suites 100-103 of Building C, as
shown on attached Exhibit 1.
b. Non-freestanding eating and drinking uses may be located within a primary tenant space
wherein the floor area shall not exceed 20% of the total floor area devoted to showroom
space. Any exterior signage may only be oriented towards the center parking area.
c. An eating and drinking establishment offering the sale of alcoholic beverages must obtain
an administrative use permit.
d. Request for additional freestanding establishments beyond those listed in (a) above must
comply with the following:
1. the Master Use Permit must be amended if the aggregate total square footage is less
than 8,000 square feet, and the total number of such establishments less than seven
2. In addition to a modification of the Master Use Permit, if the requested addition
exceeds either 1) a maximum aggregate of 8,000 square feet or 2), the maximum of 6
freestanding food establishments a request for an amendment to Section N.3(e)(4) of
the PC District Regulations of the EastLake II SPA must be approved by the City
Council.
5. Other incidental and related uses to home improvement not previously included in the MUP as
permitted or conditional uses, may be considered on a case by case basis if approved by the Zoning
Administrator or Planning Commission per section 19.14.050.
II. Ongoing Conditions:
1. Comply with all conditions set forth in PCC-05-070
6. Hours of operation shall be daily from 9:00 am to 10:00 pm, unless otherwise approved by a
separate specific use permit for an individual tenant.
7. Outdoor seating shall only be permitted within the area designated on attached Exhibit 1, herein,
and shall have no more than five tables per eating and drinking establishment
8. Parking shall be provided at a ratio of 1 :300 square feet of ground floor square footage. This
parking ratio takes into account all types and mixture of uses permitted within the Design District
as outlined and restricted in Section N.3 ofthe PC District Regulations and includes an allowance
for an additional 25% of tenant square footage for mezzanines.
]:\Planning\Case Files\-05 (FY 04-05)\PCC\Public Hearing\PCC-05-070\ResoJutions\PC 05-070.doc
Page 3
9. There shall be no permanent outdoor display areas. Temporary outdoor sales and outside display of
merchandise shall be permitted subject to the provisions ofCVMC 19.58.370 as it relates to the
provision for shopping centers.
10. Occupancies shall not store any products over twelve feet in height. High hazard products shall
not be stored over 6 feet in height. Any piles proposed higher than these provisions shall require
previous review and approval by the City's Fire Marshall. Suites may be required to provide a
technical opinion to ensure the buildings adequacy versus the use.
11. This MUP shall remain in effect until such time as all Design District uses, other than furniture
sales, are no longer located within the buildings.
12. This conditional use permit shall become void and ineffective if not utilized or extended within the
time allotted in Section 19.14.260 of the Municipal Code.
IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, said execution indicating that the property owner and applicant have each read, understood
and agreed to the conditions contained herein, and will implement same. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the sole
expense ofthe property owner and/or applicant, and a signed, stamped copy returned to the City's
Planning and Building Department. Failure to return the signed and stamped copy of this recorded
document within 10 days of recordation shall indicate the property owner/applicant's desire that the
project, and the corresponding application for building permits and/or a business license, be held in
abeyance without approval.
Signature of Property Owner
of 88 L Street
Date
Signature of Applicant
Date
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any ofthe foregoing conditions fail to occur, or ifthey are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny,
or further condition issuance of all future building permits, deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek damages for their
J :\Planning\Case Files\-05 (FY 04-05)\PCC\Public Hearing\PCC-05-070\Resolutions\PC 05-070.doc
Page 4
violation. Failure to satisfy the conditions ofthis permit may also result in the imposition of civil
or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be
deemed to be automatically revoked and of no further force and effect ab initio.
APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th
day of August 2005, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Vicki Madrid, Chair
ATTEST:
Diana Vargas, Secretary
J:\Planning\Case Files\-05 (FY 04-05)\PCC\Public Hearing\PCC-05-070\Resolutions\PC 05-070.doc
Page 5
6/15/05
Master Use Permit
Exhibit 1
.
Design District Uses Permitted within Buildings
(Refer to PC Regs. IV.2E)
Outdoor Seating Area Permitted
Eating & Drinking Establishments Permitted (6 max.)
Boundary of Master Use. Permit Area
5/27/05
Page 7 of 9
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Master Use Permit for
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ATTACHMENT 5
OWNERSHIP DISCLOSURE
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CITY or
(HULA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council.
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
Interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed'
List the names of all persons having a financial interest in the property that is the subject of the application or the
contract. e.g.. owner, applicant. contractor. subcontractor. material supplier
Michael A. Vogt
2. If any person' identified pursuant to (1) above is a corporation or partnership. list the names of all individuals with
a 52000 investment in the bUSiness (corporation/partnership) entity,
3. If any person' identified pursuant to (1) above is a non-profit organization or trust. list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4 Please Identify every person, including any agents, employees, consultants. or independent contractors you have
assigned to represent you before the City in this matter.
Michael A Vogt
Gary P Cin!1
Michael Bennett
5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes No~
If Yes. briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribulton of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No .2. Yes _ If yes. which Council member?
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Cl1Y or
CHUlA VISTA
APPLICATION APPENDIX E
Disclosure Statement - Page 2
7 Have you provided more than 5340 (or an item of equivalent value) to an oHiclal" of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income. money to retire a legal debt, gift, loan. etc..
Yes No~
Date: 6/1/05
Print or
It Yes, which official" and what was the nature of item provided?
Person is defined as: any individual. firm. co-partnership. joint venture, association. social club. fraterna
organization. corporation, estate. trust. receiver, syndicate. any other county. city. municipality, district. or othel
political subdivision. -or any other group or combination acting as a unit.
OHicial includes. but IS not limited to: Mayor, Council member, Planning Commissioner. Member of a board
commission. or committee of the City. employee. or staff members,
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