HomeMy WebLinkAboutOrd 1986-2152 Revised 5/29/86
ORDINANCE NO. 2152
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE TO DELETE
CONSTRUCTION OF APARTMENTS WITH APPROVAL OF A
CONDITIONAL USE PERMIT IN THE C-N, C-C AND C-T
COMMERCIAL ZONES
The City Council of the City of Chula Vista does hereby
find as follows:
An Initial Study, IS-86-40, of possible adverse
environmental impacts of the project was conducted by the
Environmental Review Coordinator on April 10, 1986. The
Environmental Review Coordinator concluded that there would be no
significant environmental effects and recommended that the
Negative Declaration be adopted. Therefore, the City Council
does hereby adopt the Negative Declaration issued on IS-86-40.
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Section 19.34.030 of the Chula Vista
Municipal Code is hereby amended to read as follows:
19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone,
provided a conditional use permit is issued in accordance with
the provisions of Section 19.14.060:
A. Automobile service stations, in accordance with the
provisions of Section 19.58.280;
B. Sale of beer or other alcoholic beverages for
consumption on the premises only where the sale is
incidental to the sale of food;
C. Electrical substations and gas regulator stations,
subject to the provisions of Section 19.58.140;
D. Unclassified uses, see Chapter 19.54;
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E.~ Roof-mounted satellite dishes subject to the
standards set forth in Section 19.30.040.
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SECTION II: That Section 19.36.030 of the Chula Vista
Municipal Code is hereby amended to read as follows:
19.36.030 Conditional uses.
Conditional uses in the C-C zone include:
A. Car washes, subject to the provisions of Section
19.58.060;
B. Skating rinks, subject to the conditions of Section
19.58.040;
C. Signs in excess of maximum as established in
Section 19.36.040 of this chapter;
D. Automobile rental and towing service;
E. Billiard parlors;
F. Bowling alleys, subject to the provisions of
Section 19.58.040;
G. Social and fraternal organizations (nonprofit),
subject to the provisions of Section 19.58.100;
H. Trailer rentals;
I. Veterinarian clinic, subject to the provisions of
Section 19.58.050;
J. Unclassified uses, See Chapter 19.54;
K. Automobile service stations, subject to the
provisions of Section 19.58.280;
ZX R½~/~d//R/-/3/-/c//~~¥/~/~/~/f~/~M~
L.MJ Cardrooms.
Roof-mounted satellite dishes subject to the
standard set forth in Section 19.30.040.
SECTION III: That Section 19.40.030 of the Chula Vista
Municipal Code is hereby amended to read as follows:
19.40.030 Conditional uses.
Conditional uses in a C-T zone include:
-2-
A. Used car lots and motorcycle sales and repair,
subject to the provisions of Section 19.58.070;
B. Trailer and equipment sales and rental
establishments and towing service;
C. Drive-in theaters, subject to the provisions of
Section 19.58.120, and provided that the screen
shall be so located and designed that it is not
visible from adjacent thoroughfares, and said
screen shall be set back not less than one hundred
feet from any street or thoroughfare;
D. Automobile service stations, garages for major and
minor repairs, as defined herein, and car-washing
establishments, subject to the provisions of
Sections 19.58.060 and 19.58.280;
E. Carpenter shop, electrical, plumbing or heating
shops;
F. Dancehalls, subject to the provisions of Section
19.58.040;
G. Truck and trailer service, including major repair;
H. Building material sales yard, not including
concrete mixing;
I. Automobile storage, contractor's equipment storage
yard, or storage, sale and rental of equipment
commonly used by contractors;
J. Signs in excess of maximum, as established in
Section 19.40.040;
K. Bait and tackle shops;
L. Commercial recreation facilities (outdoor);
M. Upholstery shops;
N. Automobile paint and body shops;
O. Wholesale bakeries;
P. Laundries, except industrial; and cleaning and
dyeing plants;
Q. Used clothing sales;
-3-
R. Lumberyards;
S. Radiator repair shops;
T. Unclassified uses, see Chapter 19.54;
U. Knitting and weaving shops;
V. Cardrooms;
w.X/ Roof-mounted satellite dishes subject to the
standards set forth in Section 19.30.040.
SECTION IV: That Section 19.40.160 of the Chula Vista
Municipal Code is hereby repealed:
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SECTION V: This ordinance shall take effect and be in
full force and effect on the thirty-first day from and after its
adoption.
Presented by Approv~d as to form by
1561a
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL 'OF THE
'Y OF CHULA VISTA7 CALIFORNIA7 HELD Ma,v 27 , 19 86 , AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD June 3, ·
19 86 ~ BY THE FOLLOWING VOTE· TO-WIT:
AYES: Councilmen Cox, Malcolm, Moore ~ Campbell
NAYES: Councilmen None
ABSTAIN: Comcilmen None
ABSENT: Councilmen McCandl i ss
~ Moyf of 6the City of Chula Vista
City' ~lerk' ,~
~ FATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
Ordinance 2152 ,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
EXHIBIT A
19.30.040 Conditional uses.
Conditional uses permitted in the C-O zone include:
A.BI Public and quasi-public uses appropriate 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;
B.¢~ Day nurseries, schools and studios for arts and crafts, photography,
music, dance and art galleries, in accordance with the provisions of
Section 19.58.220;
C.~ Con~nercial parking lots and parking garages, in accordance with the
provisions of Sections 19.62.010 through 19.62.130;
D.E/ Radio and television broadcasting, excluding towers;
E.F/ Restaurants;
F,~ Electric substations and gas regulators, subject to the provisions of
Section 19.58.140;
G.M/ Plant nurseries and the sale of related hardware items; provided,
they are clearly incidental and secondary to the plant nursery.
Plant nurseries shall be allowed only on the peripheral areas of the
C-O zone, so as not to disrupt the continuity of the professional and
administrative office land uses;
H.~/ Unclassified uses, see Chapter 19,54.
I.~} Roof-mounted satellite dishes subject to the following standards or
conditions:
l. These dishes shall be screened, using appropriate matching
architectural materials or parapet walls.
2. Dishes shall be of a neutral color, match the building or as
otherwise approved by the City.
3. A building permit shall be required.
4. No advertising material shall be allowed on the satellite dish
antenna. Satellite dish antenna containing advertising material
shall be considered a sign.
(Ord. 2108 ~ 1 (part), 1985: Ord. 1889 5 l, 1980; Ord. 1494 I 5, 1973; Ord.
1356 i 1 (part), 1971; Ord. 1212 5 1 (part), 1969: prior code 5 33.506(D).)
19.32.030 Conditional uses.
Conditional uses in the C-B zone include:
A. Automobile rental agencies;
B. Electrical substations and gas regulator stations, subject to the
provisions of Section 19.58.140;
C. Social and fraternal organizations, subject to the provisions of
Section 19.58.100;
D. Theaters;
E. Bowling alley, dance hall, roller skating rink and plant nurseries,
subject to the provisions of Section 19.58.040;
F. Furniture upholstering shops;
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G.~L Building height in excess of three and one-half stories when adjacent
to any R or C-O zone;
H.II Knitting and weaving shops;
I.~l Unclassified uses, see Chapter 19.54;
J.KI Automobile service stations, subject to the provisions of
Section 19.58.280.
K.VL Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
(Ord 2108 5 1 (part), 1985: Ord. 1356 5 1 (part), 1971: Ord. 1212 5 1
(part), 1969: prior code ~ 33.507{C).)
EXHIBIT A
1g.34,030 Conditional uses.
The following uses shall be permitted in the C-N zone, provided a
conditional use permit is issued in accordance with the provisions of
Section 19.14,060:
A. Automobile service stations, in accordance with the provisions of
Section 19.58.280;
B. Sale of beer or other alcoholic beverages for consumption on the premises
only where the sale is incidental to the sale of food;
C. Electrical substations and gas regulator stations, subject to the
provisions of Section 19.58,140;
D. Unclassified uses, see Chapter 19.54;
E.~/ Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
(Ord. 2108 5 1 (part), lg85: Ord. 1571 5 1 (part) 1974: Ord. 1356 5 1
(part), 1971: Ord. 1212 5 1 (part), 1969: prior code I 33.508(C).)
19.36.030 Conditional uses.
Conditional uses in the C-C zone include:
A. Car washes, subject to the provisions of Section 19.58.060;
B. Skating rinks, subject to the conditions of Section 19.58.040;
C. Signs in excess of maximum as established in Section 19.36.040 of this
chapter;
D. Automobile rental and towing service;
E. Billlard parlors;
F. Bowling alleys, subject to the provisions of Section 19.58.040;
G. Social and fraternal organizations (nonprofit), subject to the provisions
of Section 19.58.100;
H. Trailer rentals;
I. Veterinarian clinic, subject to the provisions of Section 19.58.050;
J. Unclassified uses, See Chapter 19.54;
K. Automobile service stations, subject to the provisions of Section
19.58.280;
Ill ~(~z /~ ~,i~i~ ~ /~l~-/`)~./~. ~ ~V~e/~i/d~e~r~i/e~l/ ~ ~ ~ ~ ~ ~~ ~ ~N ~ ~H ~ ~ N ~ ~ ~
L.M/ Cardrooms.
M.X/ Roof-mounted satellite dishes subject to the standard set forth in
Section 19.30.040.
(Ord. 2108 i 1 (part), 1985: Ord. 1757 ! 1 {part), 1977: Ord. 1746 ~ 1
(part), 1977: Ord. 1571 5 1 {part), 1974: Ord. 1356 I 1 (part), 1971: Ord.
1212 i 1 (part), 1969: prior code § 33.509{C).)
19.40.030 Conditional uses.
Conditional uses in a C-T zone include:
A. Used car lots and motorcycle sales and repair, subject to the provisions
of Section 19.58.070;
B. Trailer and equipment sales and rental establishments and towing service;
C. Drive-in theaters, subject to the provisions of Section 19.58.120, and
provided that the screen shall be so located and designed that it is not
visible from adjacent thoroughfares, and said screen shall be set back not
less than one hundred feet from any street or thoroughfare;
D. Automobile service stations, garages for major and minor repairs, as
defined herein, and car-washing establishments, subject to the provisions
of Sections 19.58.060 and 19.58.280;
E. Carpenter shop, electrical, plumbing or heating shops;
F. Dancehalls, subject to the provisions of Section 19.58.040;
G. Truck and trailer service, including major repair;
H. Building material sales yard, not including concrete mixing;
I. Automobile storage, contractor's equipment storage yard, or storage, sale
and rental of equipment commonly used by contractors;
J. Signs in excess of maximum, as established in Section 19.40.040;
K. Bait and tackle shops;
L. Commercial recreation facilities (outdoor);
M. Upholstery shops;
N. Automobile paint and body shops;
O. Wholesale bakeries;
P. Laundries, except industrial; and cleaning and dyeing plants;
Q. Used clothing sales;
R. Lumberyards;
S. Radiator repair shops;
T. Unclassified uses, see Chapter 19.54;
U. Knitting and weaving shops;
V. Cardrooms;
~l~l~t~l~l~fl~i~l~l~ll~l
W.X/ Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
(Ord. 2108 ~ 1 (part), 1985: Ord. 1954 § 1 (part), 1981: Ord. 1855 § 3,
1979: Ord. 1757 § 1 (part), 1977: Ord. 1746 5 1 (part), 1977: Ord. 1716 §
l, 1976: Ord. 1464 § 1, 1973: Ord. 1456 5 l, 1973: Ord. 1356 i 1 (part),
1971: Ord. 1212 ~ 1 (part), 1969: prior code I 33.522(C).)
WPC 2662P
negative decBara ion '-
PROJECT NAME: Zoning ordinance text amendment to construction of multiple
family dwellings as a conditional use in the C~N, C-C .and
C-T zones.
PROJECT LOCATION: City-wide excepting those portions of Chula Vista which are
a part of the Montgomery annexation area.
PROJECT APPLICANT: City of Chula Vista
CASE NO: IS-86-40 DATE: April lO, 1986
A. Project Setting
The proposed changes to the zoning ordinance will affect those areas of
the city located within the C-N, C-C and C-T commercial zones.
B. Project Description
Currently, it is possible with approval of a conditional use permit to
construct multiple family dwellings within the C-N, C-O, C-B, C-C and C-T
commercial zones throughout the.City,,' with~:the exception of the Montgomery
annexation area which is regulated by a separate zoning ordinance, pending
completion of the Montgomery Specific Plan. The proposed amendment to the
zoning ordinance would delete that Residential option from all C-N
neighborhood commercial, CC central commercial, and C-T thoroughfare
commercial zones. The apartment option, with approval of a conditional
use permit, would remain within C~O commercial office and C-B commercial
business zones, where a significant amount of apartment construction has
already taken place.
C. Compatibility with Zoning and Plans
.The proposed changes to the zoning ordinance serve to make the affected
zones more compatible with their corresponding commercial general plan
designations, by eliminating the possibility of introducing potentially
noncompatible residential land uses in areas designated primarily for
commercial uses. This action will further efforts for achieving long term
land use goals outlined in the Chula Vista General Plan without the
creation of short term environmental impacts.
D. Identification of Environmental Effects
Amendments to the C-N, C-C, and C-T commercial zones to delete
construction of apartments with approval of a conditional use permit will
have no substantial and adverse environmental effects upon areas subject
to those zones or surrounding areas.
The proposed action will serve to reduce the potential for creating
adverse environmental effects associated with placing conflicting
residential and commercial uses in close proximity to one another.
city of chula vista planning department ~
environmental review section
E. Findings of Insignificant Impact
1. The project does not have a potential to degrade the quality of the
environment or curtail the diversity of the environment. There are
no significant adverse environmental effects associated with the
proposed ordinance changes. Positive environmental effects have been
noted with the proposed action in that it will serve to reduce future
environmental impacts produced by placement of conflicting
residential and commercial uses in close proximity to one another.
2. The project will achieve both short-term and long-term environmental
goals by limiting future development to land uses which conform to
the goals of the Chula Vista General Plan with respect to
commercially designated areas.
3. The project will not have potential cumulative adverse environmental
impacts upon the area affected by the ordinance change or surrounding
areas. No significant environmental effects are associated with the
proposed changes.
4. The project does not have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly, since no adverse environmental effects are associated
with the project.
G. Consultation ~'
1. Individuals and Organizations
City of Chula Vista: Mando Liuag, Associate Planner
Roger Daoust, Senior Civil Engineer
Julie Scholling, Assistant Planner
Gene Grady, Building and Housing Department
Carol Gove, Fire Marshal
Chuck Glass, Traffic Engineer
2. Documents
City of Ch'ula Vista General Plan
Title 19, City of Chula Vista Zoning Ordinance
Chula Vista Municipal Code, December 1985
The Initial Study application and evaluation forms documenting the findings of
no significant impact are on file and available for public review at the Chula
Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010.
REVIEW COORDINATOR
WPC 2713P
L L
EH 6 (Rev. 5/85)
city of chula vista 'planning department
" environmental review section
Planning COmmission ~8- April 23, 1986
3. PUBLIC HEARING: ZONING TEXT AMENDMENT PCA-86-8 - TO AMEND TITLE 19 OF THE
CHULA VISTA MUNICIPAL CODE TO DELETE CONSTRUCTION OF APART-
MENTS WITH APPROVAL OF A CONDITIONAL USE PERMIT IN THE C-N,
C~C AND C-T COMMERCIAL ZONES
Principal Planner Lee stated that when the zoning ordinance was adopted in 1969,
provisions were included to allow multiple family construction by use of the
conditional use permit in the C-O and C-B zones as the mixture of residential
in the downtown and office areas was, and still is considered a desirable mixture
based on similarity of building scale, traffic and hours of operation. Through
the years, this ordinance has been modified to include C-C and C-N zones by
the conditional use process, and later the C-T zone with the provisions that
a 200-foot commercial depth be maintained. He pointed out that the number
of units constructed in commercial zones in the last ll years equates to approxi-
mately 56 percent in the C-O zone; 23 percent in the C-C and the remainder
in the neighborhood or C-T zones. The figures are a bit colored in the C-C
zone because 94 of the 114 units were on one project which could easily have
gone through the rezoning process except the applicant elected to use the CUP
process. Recently, Council has expressed concern about development utilizing
the CUP process without the benefit of rezoning. In the report to Council,
staff recommended the ordinance be modified to delete the CUP process and revert
back to a rezoning procedure. Council accepted the report and directed the
Planning Commission to consider the amendment. Staff's recommendation would
be to retain the CUP use in the C-B zone (which is in the redevelopment mode)
and in the C-O zone as this is considered a positive land-use goal, but to delete
its utilization in the other zones.
MSUC (Tubenberg/Shipe) (6-0) to find this project will have no significant
environmental impacts and adopt the Negative Declaration issued on IS-8-640.
MSUC (Tugenberg/Shipe) (6-0) to recommend Council approve the proposed ordinance
amendment as outlined in Exhibit "A" attached to the staff report and made
a part thereto. -
RESOLUTION NO. PCA- 86-8
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF AN AMENDMENT TO TITLE 19 OF THE CHULA
VISTA MUNICIPAL CODE TO DELETE CONSTRUCTION OF
APARTMENTS WITH APPROVAL OF A CONDITIONAL USE
PERMIT IN THE CN, CC AND CT COmmERCIAL ZONES
WHEREAS, the City Council at their meeting of March 11, 1986,
recommended that the zoning ordinance be amended to remove construction of
multiple residential units in commercial zones as a conditional use, in
recognition of the fact that this constitutes a significant change in land use
on a permanent basis and should be evaluated as a rezoning, and
WHEREAS, Planning Department staff has recommended that multiple
dwellings as a conditional use should be retained in the CO and CB commercial
zones due to the potential for R-3 residential uses to be designed to
complement rather than conflict with office professional commercial activities
within these zones, and
WHEREAS, the Planning Commission set the time and place for a hearing
on said amendment and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city at
least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m., April 23, 1986, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the Commission found that the project would have no
significant environmental impacts and adopted the Negative Declaration issued
on IS-86-40.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE
HEARING, THE PLANNING COMMISSION recommends the adoption of amendments to
Title 19 of the Municipal Code to read as listed in Exhibit A, attached hereto
and made part of.
That a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 23rd day of April, 1986, by the following vote, to-wit:
AYES: Commissioners Carson, Tugenberg, Gree , ' ,
ABSENT: Commissioner Guiles ~anno
n, Chai rmah~
AI'[EST:
Ruth M. Smith, Secretary
WPC 2807P/1595P
ORDINANCE NO. 2152
~J~ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 19 OF THE CHULA VISTA~JNICIPAL CODE TO DELETE
CONSTRUCTION OF APARTMENTS WITH APPROVAL OF A CONDITIONAL
USE PERMIT IN THE C-N, C~C ~ C-T COMMERCIAL ZONES
By a unanimous vote on June 3, 1986 (Councilwoman McCandliss
was absent), the City Council placed the ordinance on
second reading and adoption.
Generally, the'ordinance amends Title 19 of the Municipal
Code to remove the construction of multiple residential
units in commercial zones as a conditional use. It
further stipulates that multiple dwellings as a conditional
use should be retained in the CO and CB commercial zones
due to the potential for R-3 residential uses which may
be designed to complement rather than conflict with office
professional commercial activities within these zones.
Copies of the ordinance are available at the office of
the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, CA.
Dated: June 5, 1986
. ,, ie M. Fulasz, 'CMC, City Cle~