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HomeMy WebLinkAboutOrd 1998-2723ORDINANCE NO. 2723 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA I PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE 1.6 ACRES OF LAND LOCATED AT 820 PASEO RANCHERO TO THE C-2 COMMERCIAL CENTER DISTRICT AND ADDING AND MODIFYING THE PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED LAND USES APPLICABLE TO THE C-1 AND C- 2 COMMERCIAL CENTER DISTRICTS RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of approximately 1.6 acres currently designated as the OS-3 Open Space and is located in Rancho del Rey, Sectional Planning Area I, at 820 Paseo Ranchero (Southwest corner of Rancho del Rey Parkway and Paseo Ranchero)("Project Site"); and 2. Project Applicant WHEREAS, a duly verified application, PCM-98-09, for a Miscellaneous Amendment was filed with the Planning Department of the City of Chula Vista on September 15, 1997 by Rancho del Rey Investors, LP ("Applicant"); and 3. Project Description; Application for a Miscellaneous Amendment WHEREAS, said application requested the creation of the C-2 Commercial Center District, a change of the land use designation for the 1.6 acres of land located at 820 Paseo Ranchero to the newly created C-2 Commercial Center District from 0S-3 Open Space, and adding and modifying the permitted, conditionally permitted and prohibited land uses applicable to the C-1 and C-2 Commercial Center Districts as specified in Exhibit B attached hereto ("Project"); and 4. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 10, 1997 at which time the Planning Commission voted _5-1-1, adopting Resolution No. PCM-98-09 recommending that the City Council approve the Project; and WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the Project is consistent with the City of Chula Vista General Plan and that public necessity, convenience, and good zoning practice support the amendment; and Ordinance 2723 Page 2 5, City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista January 13, 1998 to receive the recommendation of the Planning Commission, and to hear public testimony with regard NOW, THEREFORE the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on December 1 O, 1997 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator determined that the project falls under the purview of EIR-87-01 and that an addendure to this environmental impact reports is the only environmental document required for this project, as documented in IS-98-10. Based upon the recommendations of the Environmental Review Coordinator, the City Council does hereby adopt the Addendum issued on IS-98-10. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. COPIES TO BE PROVIDED Applicant shall provide fifty (50) copies of the amended pages to the Planning Department within thirty (30) days of the date of the approval of this Ordinance. FINDINGS The City Council hereby finds that the amendment is consistent with the City of Chula Vista General Plan as amended by City Council Resolution No. 18903, and that the public necessity, convenience and general welfare and good zoning practice support the creation of a new land use district called C-2 Commercial Center District, a change of the land use designation for the 1.6 acres of land located at 820 Paseo Ranchero to the newly created C-2 Commercial Center District, and adding and modifying the permitted, conditionally permitted and prohibited land uses applicable to the C-1 and C-2 Commercial Center Districts. Ordinance 2723 Page 3 COUNCIL ACTION The City Council of the City of Chula Vista hereby adopts the amendments to Chapter IX-B: Commercial Center Districts of the Rancho del Rey Specific Planning Area I Plan Planned Community District Regulations as shown on Exhibit B and the Land Use District Map as shown on Exhibit C. All exhibits attached hereto are incorporated herein by this reference. EFFECTIVE DATE OF THIS ORDINANCE This Ordinance shall take effect and be in full force the thirtieth day from its adoption. Presented by Bob Leiter Planning Director Approved as to form by ny / Ordinance 2723 Page 4 Exhibit A CHULA VISTA LOCATOR P.or~cT R.D.E Investors LP/RDR NORTH No Sc~e 1 PLANNING DEPARTMENT PR~I~ ~J;C~rlC~: GENERAL P~N AMENDMENT ~:l~&~ Ordinance 2723 Page 5 Exhibit B CHAPTER IX-B: COMMERCIAL CENTER DISTRICTS IX-B.O Purpose In addition to the objectives outlines in Chapter Vtl, the Commercial Districts are included to provide for a quality environment and to achieve a harmonious mixture of retail and service commercial uses. Specifically, the Commercial District is intended to meet the following objectives: -- To reserve appropriately located areas for retail stores, service establishments and offices, offering commodities and services required by residents of the city and its surrounding market area; -- To provide an opportunity and appropriate development standards for larger warehouse/discount retail commercial and support facilities; -- To encourage retail and service commercial uses, and related support uses, to concentrate for the convenience of the public and for a more mutually beneficial relationship to each other; -- To provide adequate space to meet the needs of modern commercial development, including off-street parking and loading areas; -- To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them; and, -- To promote high standards of site planning, architecture and landscape design for commercial developments within the City of Chula Vista. A. Commercial District (C-1) This district is intended as an area for large scale retail commercial facilities, along with complementary support, recreation, and entertainment commercial uses, which can meet the high performance and development standards of the Rancho del Rey Planned Community. B. Commercial District (C-2) This district is intended as an area for small scale convenience facilities, primarily to serve the immediate local neighborhoods. Ordinance 2723 Page 6 IX-B.1 PERMITTED AND CONDITIONAL USES The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a Conditional Use Permit where the symbol "C" appears. Conditional Uses in the C-2 Commercial District shall be considered by the Planning Commission at a public hearing. Uses are not permitted where the symbol "N" appears. LAND USE Service and Commercial COMMERCIAL DISTRICT C-1 C-2 Animal hospital or veterinary clinic and/or office C N 2. Automatic teller machine P P 3. Automobile and/or truck services C N 4. Bakery, retail P P 5. Barber or beauty shop P P 6. Blueprinting and photocopying P C Car washing establishment subject to provisions of Section 19.58.060 CVMC C N Clothes cleaning pick-up agencies with incidental pressing P P 9. Clothing sales P N 10. Day care, nursery school C P 11. Drug store, pharmacy P N 12. Eating and drinking establishments: Restaurant, restaurant with cocktail lounge, coffee shop, and full delicatessen (may serve alcoholic beverages) P N Refreshment stands & snack bars within a building as accessory to permitted use P C 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Fast food restaurants with drive-in or drive-through Sale of alcoholic beverages in the C-2 District only Gasoline dispensing and/or automobile service station Grocery, Convenience, fruit or vegetable store Health or athletic club Hotel, motel; subject to provisions of Section 19.58.210 CVMC Liquor store (package, off-site only) Medical and dental offices, and clinics, medical, optical and dental laboratories, not including the man- ufacture of pharmaceutical or other products for general sale or distri- bution Movie theater, multi-plex Offices: administrative and execu- tive offices; professional offices for lawyers, engineers, architects; financial offices including banks, real estate and other general busi- hess offices Plant nurseries and similar outdoor sales Recreation, commercial including bowling alley, bfiliard parlor, skating rink, and miniature golf course subject to the provisions of Section 19.58.040 CVMC The retail of such bulky items as furniture, carpets and other similar items P C C C C P P C C P N N N N C N N C N P C N N Ordinance 2723 Page 7 Ordinance 2723 Page 8 24. 25. 26. 27. 28. 29. Retail distribution centers and manufacturer's outlets which require extensive floor areas for the stor- age and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive of existing on-site retail distribution centers of manu- facturer's outlets. Specialty shops, including handicrafts and workshops. Personal service facilities. Music and Video Rentals. Any other retail business or service establishment supplying commodities or performing services which is deter- mined by the Planning Commission to be of the same general character as the above mentioned retail business or service uses and open during normal business hours of the above uses Stores, shops and offices supplying commodities or performing services for the residents of the city as a whole or the surrounding community such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises Public and Semi-Public Uses Day nurseries, day care schools and nursery schools Educational institutions, public or private including vocational schools Post offices and post office terminals, mail box services Recreation, private, semi-private, or commercial P P C C C C N C C C P N P P 11. Cm Public and quasi-public uses appro- priate to the district, such as professional, business and technical schools of a public service type, but not including corporation yards, storage or repair yards, and warehouses School and studio for arts and crafts; photography, music, dance and art galleries, in accordance with the provisions of Section 19.58.220 CVMC Places of Worship Radio & Television Broadcasting Social and Human Service Facilities, such as, Boy & Girl Scouts and YMCA Social and Fraternal Organizations Any other public or semi-public use which is determined by the Planning Commission to be of the same general character as the above permitted uses Accessory Uses Accessory structures and uses located on the same lot as permitted or conditional use Accessory uses and buildings customarHy appurtenant to a permitted use, such as incidental storage facilities Incidental services for employees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms C C C C C C C P P P P P P N P C P Ordinance 2723 Page 9 Ordinance 2723 Page 10 Roof mounted satellite dishes subject to the following standards or conditions: P P The dish shall be screened using appropriate matching architectural materials or parapet walls; Dishes shall be of a neutral color, match the building, or as otherwise approved by the City; A building permit shall be required; and, No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. D. Temporary Uses Temporary uses as prescribed in Chapter XI P P IX-B.2 PROPERTY DEVELOPMENT STANDARDS The following property development standards apply to all land and buildings other than accessory buildings authorized in the Commercial District. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having a lot size less than 10,000 square feet, General Requirements The following requirements are minimums unless otherwise stated: Development Standard 1. Lot area, net sq. ft. (000's)1 10 2. Lot width (feet) 100 3. Lot depth (feet) 100 4. Front yard setback (feet) 256 Ordinance 2723 Page 11 5. Side yard setback, each (feet) 102 6. Public street ROW setback (feet) 20 7. East "H" St. ROW setback (feet) 607 8. Rear yard setback (feet) 102 9. Rice Canyon top of slope setback 50 Btdg/20 Parking (feet) 10. Building height, maximum3'5 11. Maximum lot coverage (percent of net lot)4 35 feet or 2 stories, whichever is less 40 12. Parcels 1,3 and 4 should have a minimum of 100,00 sq.ft. single tenant building. 1 Map for condominium development does not need to meet lot area requirement. Minimum lot area may be reduced to 10,000 sq. ft. for master planned building complexes with Precise Plan approval. Such Precise Plans shall be for a total area of no less than 60,000 sq. ft. 2 May be reduced to zero (0) with Site Plan approval. 3 Heights which vary from these standards may be approved via a Conditional Use Permit and Site Plan approval. 4 Open space lots or other special setbacks along East "H" Street shall be included in the adjacent building lot area for purposes of the lot coverage calculation, 5 Architectural feature, entry identification, or roof top screening allowed to 50 ft. in height 6 Refer also to Design Guidelines for individual parcel criteria. 7 Existing lots 4,7 & 8 of Final Map # 12267 (T.T. Map 88 2) shall have a minimum of 40 foot East "H" St. ROW setback for building less than 100,000 square feet. The East "H" St. building setback for all lots shall be used as a landscape buffer area. Any encroachment into this area for parking, driveways, or herdscape shall be subject to the approval of the Design Review Committee, B. Special Requirements Along all street frontages situated across from any residentfolly zoned property, the use of berms, fences, and landscaping shall be used consistent with the Business Center Design Guidelines. Streetscapes shall be enhanced to provide an easy transition from the street to the building. Patios, circulation and parking spaces can be included in setback areas to help buffer adjoining parcels from one another. For Lots 1 and 3 of Subdivision 93-01 and Lot 1 of Subdivision 92-05 the minimum building size shall be 100,000 square feet and shall be occupied by a single user. IX-B.3 GENERAL PERFORMANCE STANDARDS The following performance standards are general guidelines intended to describe the overall minimum design standards for the Commercial Center. The design guidelines which occur in Chapter VI of the SPA Plan and the separate Employment Park/Commercial Center Design Guidelines text provide specific recommendations. Ordinance 2723 Page 12 A. Landscaping In the Commercial District the required front and exterior side (street side) yard setbacks shall be landscaped. Parking, driveways, and other decorative hardscape areas will be permitted within the required rear yard, interior side yard, East "H" Street, and Rice Canyon top-of-slope setbacks. (Refer also to Business Center Design Guidelines for areas abutting Rice Canyon), Landscaping shall consist predominantly of plant materials and shall be irrigated by automatic sprinklers. All planting and irrigation shall be in accordance with the City's Landscape Manual and the Business Center Design Guidelines. All landscaping shall be permanently maintained in a clean, healthy and thriving condition, free of weeds, trash and debris. B. Equipment All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from view of surrounding properties. (See also Business Center Design Guidelines) C. Utilities All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. (See also Business Center Design Guidelines) D. Electrical Disturbance, Heat and Cold, Glare No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. E. Fire and Explosive Hazard All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Adequate smoke detectors shall be installed in all new construction. F. Noise 1. General The acceptable outdoor noise exposure levels, measured at the property line, for the Employment Park Districts are given in the table below. (See Chapter 19.66 CVMC for definitions and additional details.) Ordinance 2723 Page 13 Exterior Noise Limits* Receiving Land Use District 8 am - 10 pm 10 pm- 8 am C-1/C-2 65 dbA 60 dbA *Environmental Noise - Leq in any hour *Nuisance Noise - not exceeded at any time Noise generated by activities within the Commercial District shall not exceed the noise standard for a residential district measured at the boundary of the receiving residential district. Refer also to Title 19 of the Chula Vista Municipal Code for more specific noise attenuation requirements. All truck loading and unloading shall be conducted indoors or, if outdoors, in a manner or in a location which meets the noise performance standard for the C-1 District. Noise attenuation measures (sound wall, enclosures, operation restrictions, etc.) shall be provided to acoustically screen or otherwise prevent unacceptable noise impacts to residential development. In order to assure that the proposed attenuation measures are adequate, a Noise Study shall be submitted for the proposed project with the Design Review submittal or delivery operations shall be prohibited from 10 pm to 7 am weekdays or 8 am on weekends. 2. Paging/PA Systems Outdoor sound systems for music and/or paging shall be prohibited. G. Odor No use shall be permitted which created odor in such quantities as to be readily detectable beyond the boundaries of the site. H. Radioactivity In the Commercial District, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X-ray diagnostic equipment. I. Vibration No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. J. Condominium Conversion In the Commercial District, the conversion of a project to condominium ownership shall meet all the requirements of the zone to the maximum extent possible. Specific City Council waiver shall be required where the zone requirements cannot be met. Ordinance 2723 Page 14 K. Air Pollution There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, is as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published in the United States Bureau of Mines information Circular 7718. L, Outdoor Storage and Sales Outdoor storage areas shall be entirely enclosed by visual barriers to adequately screen views from the external boundaries of the property. Permanent outdoor sales areas shall be screened to improve site aesthetics when viewed from a distance, but the screening materials are not required to be solid or opaque, and may allow filtered close-range views of the materials for sale. Screening design and materials shall be consistent with the architec- ture/materials of the adjacent building (Refer also to Business Center Design Guidelines). M. Energy Conservation Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed to minimize energy consumption. N. Toxic Materials No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. O. Liquid or Solid Waste The discharge or deposit of liquid or solid wastes shall be subject to the provisions of Section 19.66.150 CVMC. P. Aesthetic Standards 1. All uses at the perimeter of the Commercial District shall be landscaped to provide a buffered transition to adjacent uses, 2. Visual appearance shall be a principal consideration in the approval of Conditional Use Permits, especially any uses involving outdoor storage or activity. Consideration should be given to all prospective vantage points, including residential areas which may be at a higher elevation. Q. Hours for Conducting Business No business in the C-2 District shall be open between the hours of eleven p.m, and seven a.m., unless specifically approved by the Zoning Administrator. A request for twenty-four (24) hour operation must be made on an application supplied by the Chula Vista Planing Department. Ordinance 2723 Page 15 IX-B.4 COMMERCIAL CENTER DESIGN STANDARDS In addition to the standards promulgated herein, Design Guidelines for the Rancho del Rey Business Center shall be adopted by the City of Chula Vista to further refine and implement these zoning regulations. All development within the Commercial District shall be subject to Design Review as provided in Section 19.14.582 CVMC. The following are primary design standards which are further refined and implemented through the Design Guidelines. A. Fencing Where a fence or wall is required adjacent to Rice Canyon for noise attenuation, screening or other purposes, it shall be a decorative masonry or concrete wall which is consistent with the community wall design standards found in the Design Guidelines. At interior site locations, fencing design and materials shall be consistent with the requirements of the Design Guidelines. B. Parking All parking areas delineated on the approved Site Plan shall be maintained for parking purposes, unless a modified site plan is approved. Temporary uses, for which a temporary . use permit has been secured, may utilize parking areas as allowed by the temporary use permit. C. Site Lighting All light sources shall be shielded in such a manner that the light is directed away from streets and adjoining properties. IIluminators shall be integrated within the architecture of the building, Lighting plans shall be submitted and approved as a part of the Design Review process. Such plans shall be evaluated utilizing the criteria set forth in the Design Guidelines. D. Architectural Standards An architectural theme has been established for the Rancho del Rey Community. A complementary theme has been established for the Commercial Center (C-1 District). This theme is described and standards/guidelines for various building and site design elements are set forth in the Business Center Design Guidelines. The intent of these standards is to induce the repetitive use of common designs and building elements to create a unified aesthetic, both for this district and the community as a whole. The proposed architectural design for each project shall be evaluated for consistency with the adopted Business Center Design Guidelines through the Design Review process. IX-B.5 SIGNS No sign or outdoor advertising structure shall be permitted in the Commercial District except as provided in Chapter XII or herein. Additional standards and regulations for signs are provided in the Business Center Design Guidelines. All permitted or approved signs within this district shall be consistent with the Commercial Center provisions of the Business Center Design Guidelines. Ordinance 2723 Page 16 Exhibit C / Ordinance 2723 Page 17 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of February, 1998, by the following vote: AYES: Councilmembers: Padilia, Rindone, and Norton NAYS: Councilmembers: Salas ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot ATTEST: Beverly A2'Auth'elet, City Clerk Shir~le~/f~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2723 had its first reading at a regular meeting held on the lOth day of February, 1998 and its second reading and adoption at a regular meeting of said City Council held on the 17th day of February, 1998. Executed this 17th day of February, 1998. ~helet, City Clerk