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HomeMy WebLinkAboutOrd 1995-2622 ORDINANCE NO. 2622 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE PLANNED COMMUNITY DISTRICT REGULATIONS AND ADOPTING NEGATIVE DECLARATION ON IS-95-11 I. RECITALS A. Project Site WHEREAS, the properties which are the subject matter of this ordinance are diagrammatically represented on Exhibit A attached hereto and incorporated by this reference, and located within the EastLake I Planned Community Area of the City of Chula Vista ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on September 29, 1994, the City of Chula Vista filed an application proposing amendmentsto the EastLake Planned Community District Regulations (known as Document No. CO95-014 on file with the Office of the City Clerk) Section IV.O, IV.l, IV.3, and IX.1 in order to encourage the location of certain qualified high technology, bio technical and bio medical uses within the EastLake Business Center ("Project"). C. Prior Discretionary Approvals WHEREAS, the Project Site has been in part the subject matter of a Sectional Planning Area (SPA) Plan previously approved by City Council and most recently amended by Resolution No. 16702 ("EastLake I SPA Plan") on June 30, 1992, and Planned Community (P.C.) District Regulations previously approved by City Council and recently amended by Ordinance No. 2600 and 2601 (EastLake Planned Community District Regulations) on August 16, 1994. D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on December 21, 1994, and voted 4-0 to recommend that the City Council approve the Planned Community District Regulation amendments in accordance with the findings listed below. The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on December 21, 1994, and the minutes and draft ordinances resulting therefrom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Ordinance No. 2622 Page 2 Council of the City of Chula Vista on January 24, 1995, on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (January 24, 1995), the City Council of the City of Chula Vista introduced for first reading Ordinance No. 2561 by which it approved the establishment of a High Tech/Bio Tech Zone and a High-Tech/Bio Tech Subcommittee. NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: II. NEGATIVE DECLARATION REVIEWED AND CONSIDERED; FINDINGS; APPROVALS A. Negative Declaration The City Council of the City of Chula Vista has reviewed, analyzed and considered Negative Declaration IS-95-11 (known as Document No. CO 95-014 on file in the Office of the City Clerk), the environmental impacts therein identified for this project prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby approves the Negative Declaration. Ill. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Negative Declaration on IS-95-11 have been prepared 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. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Negative Declaration on IS-95-11 reflect the independent judgment of the City of Chula Vista City Council. V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments to the EastLake Planned Community District Regulations are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare, and good zoning practice Ordinance No. 2622 Page 3 support the amendments. VI. APPROVAL OF P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby approves the project and thereby amends Section IV.O, Section IV.l, Section IV.3 and Section IX.1 of the EastLake Planned Community District Regulations to read as follows: SECTION IV: BUSINESS C~NTER DIb'rRICTS IV. PURPOSE In addition to the objectives outlined in Section LO (Purpose and Scope), the Business Center Districts are included to provide for a quality working environment and to achieve a harmonious mixture of uses which might otherwise be considered incompatible when located in close proximity. Activities are intended to promote employment opportunities in manufacturing, service, research and development, engineering and wholesale trade. In addition, the Business Center Districts are included to advance the following objectives: To reserve appropriately located areas for industrial use and protect these areas from intrusion by dwellings and other non-harmonious uses; To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck traffic and other objectionable influences and to prevent fire, explosion, radiation and other hazards incidental to certain industrial activities; To promote sufficient open space around indusuial structures to protect them from hazard and to minimize the impact of industrial operations on nearby residential or commercial districts; and, To minimize traffic congestion and avoid ove~oading utilities by restricting construction ofbnildings of excessive size in relation to the mount of land around them. A. Business Center Manufacturing Park District (BC-1) This district is intended as an area for modern industrial, research, and administrative facilities which can meet high performance and development standards. B. Business Center Manufacturing Service District (BC-2) This district is intended as an area for light industrial and limited service commercial uses which can meet high performance and development standards. The Business Center District areas (BC-1 and BC-2) of the EastLake Business Center have been included and constitute a portion of the High Teeh/Bio Tech Zone, an area of the City of Chula Vista the territory of which is shown on Exhibit C, within which certain qualifying Ordinance No. 2622 Page 4 high technology, bio technical and bio medical uses are encouraged to locate by providing to those businesses economic and land use processing incentives. 0~-) IV. 1 Permitted and Conditional Uses: Business Conte~ Districts The following uses shah be permitted uses where the symbol "P" appears and shah be permitted uses subject to a Conditional Use Permit where the symbol "C" appears. Uses where the symbol "A" appears shall be subject to an Administrative Review. Land Use Cwoup Land Use BC-1 BC-2 (Manufacturing (Manufacturing Park) Service) A. Manufacturing 1. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials such as canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), - precious or simi-precious stones or metals, plaster, plastics, shells, textiles, tobacco, wood, and yams; novelty items (not including fireworks or explosive type items). P P 2. Electrical and related paMs; electrical appliances, motors and devices; radio, television, phonograph and computers; electronic precision instruments; timing and measuring instruments; audio machhxery; visual machinery, cosmetics, drugs, perfumes, toiletties and soap (not including refining or rendering of fat or oils) P P 3. Furniture and upholstering P C 4. Rubber and metal stamp manufacturing P C 5. Laboratories; chemical P P 6. Laboratories; dental, electrical, optical, mechanical and medical P P 7. Bottling plants P P 8. Cement products manufacturing C 9. pharmaceuticals; laboratories and manufactu~'ing P P B. Storage and Wholesale Trades Ordinance No. 2622 Page 5 Land Use Group I,~ause BC-1 BC-2 Park) 1. Mini-storage, public storage and storage warehouses C P 2. Moving and storage firms C P 3. Building materials and lumber storage yards and/or contractors' yards C 4. Building equipment storage, sales, rentals C 5. Automobiles fleet storage C C 6. Trailer, truck, or bus terminal C C C. Services 1. Animal hospital or veterinary clinic and/or office P P 2. Automobile and/or truck services including but not limited to: sales, rental agencies, body repair, painring and car washes C 3. Blueprinting and photocopying P P 4. Cleaning and dyeing plant C S. Distributing, showrooms and automobile offices P P 6. Eating and drinking establishments: a. Bars C C b. Restaurants, coffee shops, delicatessens: 1. With alcoholic beverages C C 2. Without alcoholic beverages A A e. Snack bars, take-out only; refreshments stand within a P P building d. Fast food restaurants with drive-in or drive-through C C 7. Furniture sales, new and used (no outdoor sales or display) P p Ordinance No. 2622 Page 6 Land Use Group Land Use BC-1 BC-2 (MamLfacmrh~ (Manufa~'ttL,'ing p~rk) Se'viee) 8. Gasoline dispensing and/or automobile senrice stadon C C 9. Kennels C 10. Haliports C C 11. Motels, hotels and convention centers C C 12. Newspaper publishing, printing, and distribution, general printing and lithography P P 13. Offices, business, medical, professional, real estate and research P p 14. Retail commercial when in conjunction with a permitted or conditional use P P D. High-Technology Uses 1. Research, development and manufacturing of advanced technology products (such as but not limited to systems, subsystems, components, peripherals and accessories), inclusive of prototype and experimental products, utilized in the fields of aerospace, avionics, computers, electronics, advanced materials, defense industries, communications, energy and environmental systems, transportation, telecommunications, optics/laser, fiberoptics, optoelectrics, video, imaging, magnerics, oceanography and other related fields. P P E. Bio-Technical Uses 1. Research, development and manufacturing of health care, food safety, nutrition, agriculture productivity and industrial and environmental improvement products, inclusive of prototype and experimental products involving use of organic, chemical, and biologic processes. P p F. Bio-Medical Uses Ordinance No. 2622 Page 7 BC-1 BC-2 park) Sexvioe) 1. Research, development and marxufacturing of lnorgsnic and organic dru~ delivery systems and diagnostic and therapeutic products. inclusive of prototype and experimental products, utilized in the field of medical health care. P P O. Public and Semi-Public Uses 1. Day nurseries. day care schools and nursery schools A A 2. Post offices and post office terminals A C 3. Public utility pumping stations, equipment building and installation A A 4. Public utility service yards C S. Educational institutions, public or private including vocational schools C C H. Accessory Uses 1. Accessory structures and uses located onthe same lot as permitted or conditional use P P 2. Inddental services for employees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms P P 3. Watchnlen's or caretaker's livin~ quarters only when incidental to and on the same site as a permitted or conditional use A A I. Tempora~ Uses 1. Temprorary uses as prescribed in VI.o P P IV. 3 Performance Standards: Business Center D{strict~ A. In all Business Center Districts the required setbacks shall be landscaped. Landscaping shah consist predominately of plant materials and shah be irrigated by automatic sprinklers. All planting and irrigation shah be in accordance with the City's Landscape Manual. All landscaping shah be permanently maintained in a clean thriving cond~on, free of weeds, trash and debris. Ordinance No. 2622 Page 8 B. All ground mounted mecho~nical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspout, vents, louvers and other similar elements shah be painted to match the surface to which they are attached unless they are used as par~ of the design theme. C. All utility connections shah be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. Pad-mounted transformers and/or meter box locations shah be included in the site plan with an appropriate screening treatment. D. Lighting. All light sources shall be shielded in such a manner that the light is directed away from the streets and adjoining properties. Illuminators shah be integrated within the architecture of the building. The intensity of the light at the boundary of any Business Center District shah not exceed seventy-five (75] foot lamberts from a source of reflected light. E. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shah 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 shah be permitted which created electrical disturbances that affect the operation of any equipment beyond the boundary of site. F. Fire and Explosive Hazard. All uses involving inflammable and explosive materials shah be subject to initial and continued compliance with all applicable State regulations contained in the California Code of Regulations and the Uniform Fire Code. G. Noise. The acceptable outdoor noise exposure levels, measured at the property line, for the Business Center districts are given in the table below. (See amended Chapter 19.66 CVMC for definitions and additional details.) Extetior Noise LimitS* Receiving Land Use District 7 a.m. - 10 p.m. 10 p.m. - 7 a.m. BC-1, BC-2 70- dbA70 dbA *Environmental Noise-Leq in any hour *Nuisance Noise - Not exceeded at any time H. Odor. Any use involving the creation or emission of odorous gases or other odorous matter shall be subject to initial and continued compliance with all applicable County regulations including but not limited to Rule 51 of the San Diego County Air Pollution Control District (APCD) regulations. I. Radioactivity. Any use involving radioactive materials shah be subject to initial and continued compliance with all applicable State regulations including but not limited to Tide 17 of the California Code of Regulations and the Uniform Fire Code. Ordinance No. 2622 Page 9 J. Vibration. No use except a temporary construction operation shah be permitted which generated inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on winch the use is located. K. In any Business Center 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. L. Air Pollution. Emission of air contaminants shah be subject to initial and continued compliance with all applicable County regulations including but not limited to Rule 50 of the San Diego County Air Pollution Control District (APCD) regulations. M. Outdoor Storage Areas shah be entirely enclosed by solid wars not less than eight (8) feet in height to adequately screen views from the external boundaries of the property. N. Energy Conservation. All uses shall be subject to initial and continued compliance with Title 24 of the California Code of Regulations. O. Toxic Materials. Any use involving hazardous materials shall be subject to initial and continued compliance with all applicable State regulations including but not limited to those contained in the California Code of Regulations, State Health and Safety Codes and the Uniform Fire Code. P. Liquid or Solid Waste. The discharge of deposit of liquid or solid wastes shall be subject to the provisions of Section 19.66.150 CVMC. NOTE: With the exception of the Uniform Building Code and Uniform Fire Code, the above referenced State and County regulations shah not be administered by City departments/agendes. (D.) SECTION IX: ADMINI:fi'RATION IX. 1 Standard Procedures A. General: The Administrative Procedures, Conditional Uses, and Variances, Chapter 19.14 of the Chula Vista Municipal Code, shall be utilized as applicable to the administration of the Planned Community of EastLake I. B. High Tech/Bio Tech Zone: Not withstanding the above provision, the High Tech/Bio Tech Subcommittee shall act in place of the Planning Commission and Design Review Committee on discretionary applications for high technology, bio technical and bio medical projects located within the High Tech/Bio Tech Zone, as described and established by Ordinance No. 2621, in accordance with the authority vested in the High Tech/Bio Tech Subcommittee by said Ordinance. C. Sectional Planning Areas (SPA) and Sectional Planning Areas Plans (SPA Plans). The administration of SPA Plans shall be as provided for in Section 19.48.090 through Section 19.48,130 inclusive of the Chula Vista Municipal Code, except that the Director of Planning may accept less detail or require additional detail to suit the scope of the SPA. Ordinance No. 2622 Page 10 VII. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. IX. EFFECTIVE DATE This ordinance shall take effect and he in full force on the thirtieth day from and after its adoption. Presented by Approved as to form/by Robert A. Leiter ce M. Boogaar Director of Planning City Attorney Ordinance No. 2622 Page 11 ",., PHASE I PHASE II \ CHULA VISTA PLANNINe DEPARTMENT LOc, TOR ~&~'~"'V~,o T~ O ~ ~/~ FASTLAKE II~SiNESS CtNTEit-PHASE I · n ~n~ NONE - 9S - 06 Ordinance No. 2622 Page 12 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of February, 1995, by the following vote: AYES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley I~rton, Mayor ATTEST: Beverly ,~. 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. 2622 had its first reading on January 24, 1995, and its second reading and adoption at a regular meeting of said City Council on the 14th day of February, 1995. Executed this 14th day of February, 1995.