HomeMy WebLinkAboutOrd 1994-2584 ORDINANCE NO. 2584
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTIONS 19.04.015 AND 19.58.055 TO, AND
AMENDING SECTIONS 19.46.040, 19.58.070 AND
19.62.050 OF, THE MUNICIPAL CODE RELATED TO
ALLOWING AUCTIONS IN THE I-P ZONE SUBJECT TO
APPROVAL OF A CONDITIONAL USE PERMIT BY THE
PLANNING COMMISSION
WHEREAS, pursuant to the Siroonian Settlement Agreement ("Agreement"), the
City agreed to process an amendment to the Chula Vista Municipal Code to consider
"'the lien sale of impounded vehicles' to occur in an I-P designated zone subject to
securing a conditional use/special permit" (Item II.B, page 6 of the
Agreement)(Project)(case number PCA-93-01 ); and,
WHEREAS, on June 9, 1993 at the public hearing for the Project, the Planning
Commission determined that subject land use is too narrowly defined, and continued
the hearing to September 22, 1993 to allow staff time to study the feasibility of
expanding the definition to include other similar types of auctioning, however, the
hearing was subsequently rescheduled to October 27, 1993; and,
WHEREAS, the I-P (General Industrial-Precise Plan) Zone does not specifically
address "auctions" as either a permitted or conditional use; and,
WHEREAS, within the industrial park located north of Otay Valley Road, the
auction of vehicles and general equipment has occurred since 1978 with no adverse
affects on the neighborhood or community at large; and,
WHEREAS, good planning principles suggest expanding the limited definition
of the Siroonian Settlement Agreement of "the lien sale of impounded vehicles" to
include the broader generic category of all forms of vehicle and general equipment
auctioning; and,
WHEREAS, on October 27, 1993, the Planning Commission voted 6-to-1 to
approve Resolution PCA-93-01 recommending that Council enact the proposed text
additions and amendments contained in this Resolution, and directing staff to consult
with citizens regarding paving requirements and parking ratios; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study,
IS-93-24, of potential environmental impact associated with the proposal Project and
has concluded that there would be no significant environmental impacts, and
recommends adoption of the Negative Declaration issued on IS-93-24, and addendum
Ordinance No. 2584
Page 2
attached thereto; and,
WHEREAS, the City Clerk set the time and place for a hearing on said Project
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 parties who have
shown an interest in subject project at least ten days prior to the hearing,
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION h That the Project will have no significant environmental impacts,
and the City Council of the City of Chula Vista hereby adopts the
Negative Declaration issued on IS-93-24, and addendure attached
thereto.
SECTION Ih The City Council hereby finds that the public convenience justifies
the proposed text amendment and that it is in substantial
conformance with the General Plan of the City of Chula Vista, and
that the Planning Commission has duly considered and reported
on same.
SECTION IIh That Section 19.04.015 is hereby added to the Chula Vista
Municipal Code to read as follows:
"19.04.015 Auction.
"Auction" means the auctioning and sale of merchandise and equipment to the highest
bidder, but excluding auction rooms and livestock auctioning?
SECTION IV: That Section 19,46.040 of the Chula Vista Municipal Code is
amended to read as follows:
"19.46.040 Conditional uses.
Conditional uses in an I district include:
A. Motels;
B. Restaurants;
C. Service stations, subject to the provisions of Sections 19.58.280;
D. The retail sale of such bulky items as furniture, earpets and other similar items;
Ordinance No. 2584
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E. Retail distribution centers and manufacturers' oudets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale of
goods and, retail uses which are related to, and supportive of existing, on-site retail
distribution centers or manufacturers' outlets. Conditional use permit applications for the
establishment of retail commercial uses, covered by the provisions of this subsection, shah
be considered by the city council subsequent to its receipt ofrecommendatinns thereon from
the planning commission;
F. The following uses covered by this subsection, shah be considered by the city council
subsequent to its receipt of recommendafons thereon from the planning commission:
1. Brewing or distilling of liquor, or perfume manufacture,
2. Meat packing,
3. Large scale bleaching, cleaning and dyeing establishments,
4. Railroad yards and freight stations,
5. Forges and foundries,
6. Automobile salvage and wrecking operations, and industrial metal and waste rag,
glass or paper salvage operations; provided, that all operations are conducted
within a solid screen not less than eight feet high, and that materials stored are not
piled higher than said screen;
G. Any other use which is determined by the commission to be of the same general character
as the above uses;
~ H. Unclassi~ed uses, as provided in Chapter 19.54.
I. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
J. Recycling collection centers, subject to the provisions of Seedon 19.58.340.
K. Hazardous waste facilities, subject to the provisions of Section 19.58.178
L. Auctions of vehicles, heavy machinery and equipment, subject to the provisions of Section
19.58.055, and only where the "P" Precise Plan modifier has been applied to the I - General
Industrial zone."
SECTION V: That Section 19.58.055 is added to the Chula Vista Municipal
Code to read as follows:
"19.58.055 Auctions of vehicles, heavy machinery and equipment.
A. Subject use shah only be allowed by the issuance of a conditional use permit by the
Planning Commission in the I-P (General Industrial-Precise Plan) Zone.
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B. The applicant shah list specific items proposed to be auctioned. Said items shah meet the
categories "vehicle, heavy machinery and equipment." The conditional use permit, if issued,
shah clearly specify the types of items authorized for auctioning as determined by the
issuing authority (the Planning Commission, or City Council if appealed).
C. Auctions shah be limited to one per week with a minimum of one week between auctions.
D. Auctions shah only be held between the hours of 8:00 a.m. and 5:00 p.m.
E. All areas shah be properly paved, striped and improved to City standards, and screened to
the satisfaction of the City Engineer and the Director of Planning.
F. Outdoor loudspeakers shah be prohibited unless a noise study conducted by a certified
acoustician determines that the proposal can meet the City's noise standards.
G. The on-site repair or dismantling of automobiles or equipment by purchasers is prohibited."
SECTION Vh That Section 19.58.070 of the Chula Vista Municipal Code is
amended to read as follows:
"19.58.070 Automobile sales facilities.
Automobile sales facilities, new and used, shah provide customer off-street parking equal
to one-tenth of the car storage capacity of the facility, with ingress and egress designed to minimize
traffic congestion, and shah provide a six-foot high masonry wall separating the entire area from
abutting residential property, except as provided under Section 19.58.055 for auctions. Said wall
may be replaced with a fence subject to department approval."
SECTION VII: That Section 19.62.050 of the Chula Vista Municipal Code is
amended to read as follows:
"19.62.050 Number of spaces required for designated uses.
In the ease of any building, structure or premises, the use of which is not specifically
mentioned herein, or in the opinion of the approving authority is not similar to any use found
herein, the approving authority may apply a ratio based on a similar existing use not found herein.
In computing parking requirements, a resultant fractional space of one-half shah count as a full
space.
The number of off-street parking spaces required shall be as set forth in the following:
Businesses or use and number of spaces required
1. Auctions (See Sections 19.04.15 and 19.58.055):
At the time of application for a conditional use permit, applicant shall submit parking
information justifying the mount of parking proposed to be provided and the parking ratio.
The information must consist of data upon which the approving authority can reasonably
Ordinance No. 2584
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base a determination of adequacy, such as expected patronage or a comparison with the
patronage of similar uses. Said parking ratio shall range from 1 space for each 50 square
feet of net usable lot area to I space for each 4,000 square feet of net usable lot area;
NOTE: For purposes of this sub section, "net usable lot area" means the area of the parcel
exclusive of setbacks, slopes, easements, required right-of-way dedication or other
constraints which would preclude use of the land. If complaints are filed with the City
regarding impacts related to off-site parking, the project shall be modified to add additional
parking for employees and customers, and/or by reducing the auction and/or storage area,
subject to the review and approval of the Director of Planning and City Engineer. Failure
to resolve such off-site public parking problems by the owner of the property constitutes
grounds for revocation of the condidonal use permit.
2. Automobile sales facilities, new or used, (See Section 19.58.070):
1 for each 400 sq. ft. of gross floor area, or 1/10 of the maximum car storage
capacity, whichever is greater;
3. Automobile repair and service garages:
1 for each 400 sq. ft. of floor area;
4. Banks and savings and loans:
1 for each 200 sq. ft. of floor area; minimum of S;
5. Bowling alleys:
5 for each alley;
6. Business and professional offices:
1 for each 300 sq. ft. of gross floor area; minimum of 4;
7. Car wash (coin-operated) self-service, or attendant-operated:
3 for each stall, plus 1 for each employee;
8. Children's homes:
1 for each 4 beds plus 1 for each employee;
9. Churches and private schools:
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats; whichever
is greater;
10. Dance halls and assembly halls without fixed seats, exhibition halls, except church assembly
rooms in conjunction with auditorium, nonprofit clubs and lodges:
1 for each 50 sq. ft. of floor area used for assembly or dancing;
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11. Dwellings, single-family, duplex:
2 for each family or dwelling unit, both spaces shah be in a garage with a
minimum area of 400 sq. ft. (See Chapter 19.22 for remodeling of garages.);
12. Dwellings, townhouses:
2 for each dwelling unit; both spaces shall be in a garage or carport, a minimum
area of 400 sq. ft.;
13. Dwellings, multiple:
1-1/2 per unit for each studio or 1-bedroom apartment;
2 per unit for each 2-bedroom apartment;
2 per unit for each 3-bedroom or larger apartment;*
For every 10 parking spaces required, 1 of this total may be a "compact" space;
NOTE: No parking space shah be located within twenty feet of any curb return of
intersection streets; or eight feet of any side property line, unless approved by the city
traffic engineer.
14. Funeral homes, mortuaries:
1 for each 4 seats of the aggregate number of seats provided in all assembly rooms
of the mortuary;
15. Furniture and appliance stores; household equipment or furniture repair shop:
1 for each 600 sq. ft. of floor area;
16. Hospitals:
1-1/2 for each bed;
17. Nursing homes and convalescent hospitals and homes for aged:
1 for each three beds;
18. Houseboats:
See dwellings, subsection 9 above;
19. Hotels, motels, motor hotels:
1 space for each living or sleeping unit, plus I space for every 25 rooms or portion
thereof to be provided on the same lot as use;
20. Machinery sales and service garages:
1 for each 400 sq. ft. of floor area;
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21. Manufacturing plants, research or testing laboratories, bottling plants:
1 for each 1-1/2 persons employed at any one time in the normal operation of the
plant or 1 for each 800 sq. ft., whichever is greater;
22. Medical and dental clinics or offices:
1 for each 200 sq. ft. of gross floor area; minimum of 5;
23. Mobilehome parks:
2 spaces on each pad, 1/3 guest space per mobilehome located within 400 feet of
the farthest unit, and at the community center-1 space for each 5 pads up to 50
pads and 1 space for each 10 pads thereafter;
24. Restaurants, bars and night dubs:
1 for each 2-1/2 permanent seats, excluding any dance floor or assembly area
without fLxed seats which shah be calculated separately as one space per 50 sq. ft.
of floor area;
25. Restaurants - Drive-in, take-out, snack stands:
15 spaces (minimum);
26. Retail stores, shops, etc., except as provided for furniture stores, in 13 above:
1 for each 200 sq. ft. of floor space;
27. Rooming and lodging houses:
1 for each bedroom;
28. Schools:
Elementary - 1 per teacher or employee, plus 5 spaces,
Jr. High - 1 per teacher or employee, plus 5 spaces,
High - 1 per 4 students;
29. Sports arenas, auditoriums, theaters, assembly halls and meeting rooms:
1 for each 3-1/2 seats of maximum seating capacity;
30. Wholesale establishments, warehouses, service and maintenance centers, communication
equipment buildings:
1 for each 1-1/2 persons employed at one time in the normal operation of the
establishment, or 1 for each 1,000 sq. ft., whichever is greater."
Ordinance No. 2584
Page 8
SECTION VIII: This Ordinance shall take effect and be in full force and effect on
the thirtieth day from and after its adoption.
Presented by
Approved as to form/b
..; , ~ ,-
{.' /,7,',,~' ,,'
Robert A. Leiter Bruce M. Boogaard
Director of Planning City Attorney
Ordinance No. 2584
Page 9
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 18th day of January, 1994, by the following vote:
AYES: Councilmembers: Fox, Horton, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Moore
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly ~Z 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. 2584 had its first reading on January 11,
1993, and its second reading and adoption at a regular meeting of said City Council
held on the 18th day of January, 1994.
Executed this 18th day of January, 1994.
Beverly ~. Authelet, City Cl~rk