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Home My WebLink AboutOrd 1993-2577 ORDINANCE NO. 2577 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING THE 5.8 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF THIRD AVENUE AND "j" STREET FROM C-O, OFFICE COMMERCIAL AND R-l, SINGLE FAMILY RESIDENTIAL TO C-C-P, CENTRAL COMMERCIAL, PRECISE PLAN. WHEREAS, a duly verified application for a rezone was filed with the Planning Department of the City of Chula Vista on December 2, 1993 by American Properties Inc.; and, WHEREAS, the property consists of approximately 5.8 acres located at the southwest corner of Third Avenue and "j" Street and diagrammatically presented on the area map attached hereto as Exhibit "A"; and, WHEREAS, said application requested to change the existing C-O, Office Commercial and R-l, Single Family Residential zone to C-C, Central Commercial; and, WHEREAS, the Planning Department set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. October 13,1993 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-92-42, and voted 6-0-1 (Tuchscher-conflict of interest) to recommend that the City Council approve the rezoning from C-O, Office Commercial and R-l, Single Family Residential to C-C-P, Central Commercial, Precise Plan, subject to the Precise Plan Standards listed in the Draft City Council Ordinance. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: Based on the findings and recommendations of the Environmental Review Coordinator, the City Council does hereby adopt the Mitigated Negative Declaration issued on IS-92-42. Ordinance No. 2577 Page 2 SECTION II: Findings. The City Council finds that the rezoning is consistent with the City of Chula Vista General Plan and that the public necessity, convenience, general welfare, and good zoning practice support the rezoning to C-C-P, Central Commercial, Precise Plan zone. SECTION III: That the 5.8 acres located at the southwest corner of Third Avenue and "J" Street, as shown in Exhibit "A", be rezoned from C-O, Commercial Office and R-l, Single Family Residential to C-C- P, Central Commercial, Precise Plan. SECTION IV: Pursuant to Section 19.56.041 of the Municipal Code, the City Council finds that the following circumstances are evident which allows the application of the "P", Precise Plan Modifying District, to the subject site. Commercial districts are ideally separated from single family residential uses by streets, significant physical features and transitional uses such as lower impact commercial uses and/or higher density residential uses. The subject site abuts a low density residential district to the west which creates a unique circumstance for which the underlying zone regulations do not allow the City sufficient control to achieve a proper relationship and ensure compatible coexistence among the various surrounding land uses. Therefore, development of the site shall meet the following Precise Plan Standards: 1.New access driveways along "J'~ Street shall be aligned with the commercial parcel located directly across J Street. 2. Development of the parcel shall be limited to a single tenant building and minimum building size of 50,000 sq. ft. No additional freestanding buildings shall be allowed. 3.No delivery truck traffic shall occur in the alley during the time from 10:00 p.m. to 7:00 a.m. 4. Trash compactor, if located outside the building envelope, shall not be operated between the hours from 10:00 p.m. to 7:00 a.m., Monday through Friday; 10:00 p.m. to 8:00 a.m. Saturdays; and 10:00 p.m. to 9:00 a.m. on Sundays and holidays. 5. Refuse or recycled cardboard trucks shall not operate during those times when operation of the refuse compactor is prohibited. 6. No permitted land use shall create noise levels exceeding 65 db by day or 55 db at night (10:00 p.m. to 7:00 a.m.) as Ordinance No. 2577 Page 3 measured from the property line of the nearest residential use. 7. Building Maximum Height: 28 ft. Building Setbacks: West - 40 ft. South - 0 "j" St. - 15 ft. Third Avenue - 15 ft. 8. A 20 ft. landscaping buffer featuring tall vertical elements (trees) shall be provided along the west property line. 9. All parking spaces shall be screened by landscaping buffer equal in width to the building setback. 10. All trash enclosures, storage of merchandise, mechanical or recycling equipment or machines shall be located within the building. 11. Delivery and service doors, and any outdoor working area shall be oriented away from the westerly adjacent residential neighborhood.. 12. Loading docks shall be oriented away from the westerly adjacent residential area and buffered with parts of the building and/or wing walls equal in height to truck height. 13. Driveway entrances shall be unencumbered for the following distances as measured from the public curb to any driveway or park space: Third Avenue - 60 ft. minimum "J" Street - 40 ft. minimum 14. Business identification signs shall be limited to the building mounted and one monument type sign at each major entry along Third and "J" Street. Note: Signs along "j" Street shall be non illuminated or to an indirectly lighted or one maximum sign area 30 sq. ft. (maximum area sign). 15. Signage on the building shall be limited to the east elevation and shall be no larger than one sq. ft. per lineal feet of building frontage. 16. All roof mounted equipment shall be screened from view. 17. A tree survey and evaluation shall be conducted and considered as part of the landscape and irrigation design. Trees shall not be removed without authorization from the City's Planning Director. 18. The zoning wall along the west property line shall be between Ordinance No. 2577 Page 4 6 and 9 ft. in height as may be specifically determined by the Zoning Administrator after meeting and conferring with the westerly adjacent property owners. The wall shall be architecturally treated on both sides. 19. A lighting plan shall address security and avoid light spills over the westerly adjacent residential neighborhood. 20. 5 ft. wide street median shall be installed on Third Avenue south of the Third Avenue and "j" Street intersection, designed and located to the satisfaction of the City Engineer. 21. Left turn traffic signal phasing shall be installed at the Third Avenue and "J" Street intersection prior to issuance of the certificate of a occupancy. 22. Truck access driveway shall be closed with gates or bollards before and after permitted operating hours. 23. Development on this property must no net increase in water consumption and shall participate in whatever water conservation or fee offset program the City of Chula Vista may have in effect at the time of issuance of building permits. 24. An exclusive right turn only lane on the west end of the Third Avenue and "J" Street eastbound shall be constructed as part of the overall development of the subject property. 25. A conceptual striping plan for the Third Avenue and "j" Street intersection featuring right and left turn only lanes and a through lane on the west end of J Street (eastbound) shall be prepared and submitted to the City Engineer for consideration. SECTION V: This Ordinance shall take effect and be in full force the thirtieth day from its adoption. Presented by ~so~a.for by ~ ~obert A. Leiter Bruce M. Bo rd ~, Director of Planning City Attorney ' Ordinance No. 2577 Page 5 I I .... ~ i I I I I I ....... e2a.o', - - - "J" 5~EET I ~ ' . ~XHIBIT - A ~" ~"' ~ - ~ - ~ I H~BT ~ ~,,,,. W~ ~PRO~D ~ A P~T OF O~I~ -i.: BY ~E ~ ~UNQL ON I": .=. .., c. Fe~.~N~ZONING Ordinance No. 2577 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of November, 1993, by the following vote: AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly' 'A~I Aut'hel~t, City (lerk 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. 2577 had its first reading on November 2, 1993, and its second reading and adoption at a regular meeting of said City Council held on the 9th day of November, 1993. Executed this 9th day of November, 1993. Beve~l~ ~./Au{hel~t, City Clerk