HomeMy WebLinkAboutOrd 1991-2478 ORDINANCE 2478
AN ORDINANCE OF THE CITY OF CHULA VISTA REZONING CERTAIN
TERRITORY GENERALLY BOUNDED BY MAIN STREET TO THE NORTH,
BROADWAY (BEYER BOULEVARD) TO THE EAST, FAIVRE STREET TO
THE SOUTH, AND 27TH STREET TO THE WEST (ASSESSOR'S
PARCEL NOS. 629-040-01 AND 629-010-01) FROM THEIR CITY-
ADOPTED COUNTY ZONE CLASSIFICATION C-37 TO CITY
CLASSIFICATION C-T-P, AND CHANGING THE ZONING
CLASSIFICATION FROM R-1 TO C-C-P FOR APPROXIMATELY 3.65
ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF EAST H
STREET AND OTAY LAKES ROAD
WHEREAS, this proposal involves the rezoning for the property located at
the southwest corner of Main Street and Broadway in the Otay area of Montgomery
as more specifically shown in Exhibit A ("Otay Market") and the 3.65 acres at the
southeast corner of East H Street and Otay Lakes Road as more specifically shown
in Exhibit B ("Kelton Title Site"); and,
WHEREAS, zoning of the Otay Market properties was deferred at the Public
Hearing of November 13, 1990, Harborside "B" Part II, zoning reclassification of
the Montgomery area, because of a zoning and land use concern raised by the
property owner; and,
WHEREAS, zoning of the Kelton Title Site was proposed by Kelton Title
Corporation for the purposes of developing a convenience retail center; and,
WHEREAS, the requests under consideration would fezone the Otay Market
property from the City-adopted County zone C-37 (Heavy Commercial) to the City
classification C-T-P (Thoroughfare Commercial, Precise Plan Overlay) and rezone
the land located at the southeast corner of East H Street and Otay Lakes Road
from R-1 (Single Family Residential) to C-C-P (Central Commercial, Precise Plan
Overlay); and,
WHEREAS, the Environmental Review Coordinator (ERC) conducted Initial
Studies, IS-91-33 and IS-90-13, of potential environmental impacts associated
with the proposed rezonings and has concluded that these rezonings would cause
no significant environmental impacts and has issued a Mitigated Negative
Declaration, with Monitoring Program and Addendum on IS-90-13 and a Negative
Declaration on IS-91-33; and,
WHEREAS, the Montgomery Planning Committee and the City Planning
Commission, at their respective public hearings on these matters, unanimously
recommended the adoption of an ordinance changing the zoning classifications.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. Based on the findings and recommendations of the
Environmental Review Coordinator, the City Council does
Ordinance No. 2478
Page 2
hereby adopt the Mitigated Negative Declaration, Monitoring
Program and Addendum prepared under IS-90-13, and the
Negative Declaration prepared under IS-91-33.
SECTION II. That that certain territory generally bounded by Main Street
to the North, Broadway (Beyer Boulevard} to the east, Faivre
Street to the south, and 27th Street to the west (Assessor's
Parcel Nos. 629-040-01 and 629-010-01) as set forth in
Exhibit "A", be rezoned from the City-adopted County zone
"C37" to the City classification C-T-P for the Otay Market
property.
Pursuant to the requirements for the imposition of a Precise
Plan Modifying District {"P Modifier"} under the Chula Vista
Municipal Code Section 19.56.041, the Otay Market site's
three sided shape, circulatory setting, and relation to
adjacent light industrial uses present unique circumstances
which cannot be appropriately addressed by the Planning
Department through the underlying zone regulations. The
Precise Plan Overlay will allow the City the ability to
insure that development of the parcel will consider various
traffic engineering required for safe and adequate ingress
and egress, properly address compatibility with existing and
future industrial uses by providing adequate buffers and
landscaped areas, and allow the City to consider uses
consistent with those on surrounding land.
SECTION III. That that certain territory at the southeast corner of Otay
Lakes Road and East H Street (Assessor's Parcel No. 642-020-
17} as set forth in Exhibit "B" be rezoned from R-1 to C-C-P
for the Kelton Title Site.
Pursuant to the requirements for the imposition of a Precise
Plan Modifying District ("P Modifier") under Chula Vista
Municipal Code lg.56.041, the Kelton Title Site's location
at the corner of two future six-lane designated scenic
roadways, and adjacency to Bonita Vista High School,
Southwestern College, and the Latter Day Saints Church
present unique circumstances for which the proposed
underlying zone regulations would not allow the City
appropriate control. In order to achieve an efficient and
proper relationship among adjacent uses, and ensure
compatible coexistence between the proposed retail center
and existing school uses, a Precise Plan should be required
prior to the development of the site which shall meet the
following "P Modifier Guidelines":
1. The architectural design theme of any proposed
Ordinance No. 2478
Page 3
development shall be compatible and harmonious with
those of adjacent land uses, and create a high quality
public image consistent with intents for the
Southwestern College Community Activity Center.
2. Building facades and roof lines facing streets and
parking areas should be consistent throughout the
development in design, colors, and materials so as to
create a unified appearance for the total development.
3. The setback established along both Otay Lakes Road and
"H" Street shall be not less than 25 feet for any
building or 15 feet for any parking area. Setbacks for
any buildings over 25 feet in height shall be equal to
the setback from the front property line. The minimum
setback from the radius of the corner shall be 60 feet
with the distance measured perpendicular from the corner
radius.
4. Pedestrian-oriented areas shall be enhanced through the
use of a combination of textured paving, benches,
sculptures, and landscaping.
5. Prior to the issuance of any building permits for said
development, the applicant/owner (or their successors in
interest} shall enter into an agreement with the City
establishing Conditions, Covenants, and Restrictions
(CC&R's) to prohibit the following general uses either
allowed or conditionally allowed in the "C-C" zone which
are considered incompatible with adjacent land uses:
liquor stores, bars and cocktail lounges, night
clubs/dance clubs, cigar/cigarette stores, pool halls,
card rooms, amusement centers/video arcades, and money
exchanges/pawn shops. Restaurants serving liquor in
conjunction with a food operation shall be considered as
an acceptable land use. Any costs incurred in
administration of these CC&R's shall be born by the
applicant.
6. A maximum of two driveway accesses may be provided on
both Otay Lakes Road and East H Street.
7. The minimum distance of any driveway access from the
intersection of Otay Lakes Road and East H Street, as
measured from the property lines, shall be 200 feet.
8. Pad buildings shall be restricted to no more than one
drive-thru establishment.
Ordinance No. 2478
Page 4
SECTION IV. This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presented by Approved as to form by
Robert A. Leiter Bruce M. B
Director of Planning City Attorney
Ordinance No. 2478
Page 5
CITY OF C~NULA VIST~A
.
ZONINC MAP
Ordinance No. 2478
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EXHIBIT B
Ceee IM~Z,40-I Z HEREBY CERTZFY THAT THXI ZONXN6 HAP
Ordinance No. 2478
Page 7
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 17th day of September, 1991, by the following vote:
AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader,
Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly A/. Authelet, City Clerk
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. 2478 had its first reading on
September 10, 1991, and its second reading and adoption at a regular meeting of
said City Council held on the 17th day of September, 1991.
Executed this 17th day of September, 1991.
Beverly A~Authelet, City Clerk