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HomeMy WebLinkAboutPlanning Comm Reports/1981/08/12 A G E N D A City Planning Commission Chula Vista, California Wednesday, August 12, 1981 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER APPROVAL OF MINUTES - Meeting of July 22, 1981 ORAL COMMUNICATIONS 1. PUBLIC HEARING: Conditional use permit application PCC-82-1 to locate residential use in C-O zone at the southeast quadrant of Third Avenue and "H" Street - Anush Badii 2. PUBLIC HEARING: Request to revise General Development Plan for Point Robinhood at 1675 Brandywine - John Casey 3. Consideration of revised amendments to the adult recreation regulations of the Chula Vista Municipal Code 4. Election of Officers DIRECTOR'S REPORT COMMISSION COMMENTS To: City Planning Commission From: D.J. Peterson, Director of Planning Subject: Staff report on agenda items for Planning Commission Meeting of August 12, 1981 1. PUBLIC HEARING: Conditional use permit application'PCC-82-1 to locate residential use in C-O zone at the southeast quadrant of Third Avenue and "H" Street - Anush Badii A. BACKGROUND 1. The applicant is requesting permission to develop a 1.18 acre "L" shaped parcel at the southeast quadrant of Third Avenue and "H" Street with a mixture of commercial offices and residential land uses. The subject property, with frontage on both streets, is zoned C-O and C-O-P and straddles the boundary line of Subarea 3 of the Town Centre No. 1 redevelopment area. Section 19.14.030 of the Municipal Code requires approval of a conditional use permit by the Planning Commission for residential uses in the C-O zone, whereas, within the boundaries of the redevelopment area only approval of the project by the Redevelop- ment Agency is required. 2. An Initial Study (IS-81-45) of possible adverse environmental impacts of the project was conducted by the Environmental Review Committee on July 2, 1981. The Committee concluded that there would be no significant environmental effects and recommended that the Planning Commission adopt the Negative Declaration. B. RECOMMENDATION 1. Adopt the Negative Declaration on IS-81-45 and find that this project will have no significant environmental impact. 2. Based on the findings contained in Section "E" of this report adopt a motion approving PCC-82-1 for residential uses on the subject property. C. DISCUSSION 1. Adjacent zoning and land uses. North R-3 Church South R-1 Single family dwellinQs East R-3 Apartments West C-O(Town Centre) Savings and Loan 2. Existing site characteristics. The project site consists of three parcels, two of which front on the east side of Third Avenue and are located within the boundaries of Subarea 3 of the Town Centre No. 1 redevelopment area. The northerly parcel measures 75' x 200' and is vacant. The southerly parcel measuring 70' x 200' is developed with a converted residential structure now used for commercial office use (real estate and construction offices). The third parcel, measuring 75' x 290', fronts on the south side of "H" Street and is developed with a single family dwelling. This parcel lies outside the boundaries of the redevelopment area and is zoned C-O-P (approved by City Council on June 23, 1981 by Ordinance 1946). City Planning Commission ~' Agenda Items for Meeting of August 12, 1981 Page 2 3. Proposed development. The proposed development involves the construction of a combination one, two and three story commercial office and residential condominium complex consisting of 21 office spaces with a total of 29,000 sq. ft., 5 three-bedroom townhouse units, each containing approximately 1800 sq. ft., and subterranean parking for 108 cars. Access to the parking is provided by two way driveways from both streets. The third floor level will be devoted entirely to the residential units which will also occupy portions of the second floor. However, access to the units is available only from the third floor. The contemporary architecture features extensive use of stucco, multicolored awnings and wood lattice dividers. The various building levels have substantial off-sets to provide a "stepping stone" appearance, highlighted by a stairway-walkway structure, which resembles an aqueduct. 4. Town Centre Project Area Committee 'The residential units are located in both the Town Centre redevelopment area as well as the conventionally zoned portion of the downtown area, thereby requiring approval from both the Planning Commission and the Town Centre Project Area Committee. The proposed project is scheduled for consideration by the Project Area Committee on August 6, 1981, therefore their action will be reported to the Planning Commission orally at the August 12 hearing. D. ANALYSIS The proposed mixture of commercial and residential land uses is a development concept which is becoming increasingly common in major metropolitan areas. The land use components of the proposed complex would not only be supportive of one another, but would be physically, socially and economically supportive of nearby retail stores, restaurants, financial institutions and public uses. E. FINDINGS 1. ~hat the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the co~nunity. The proposed residential uses within an office building will provide an opportunity for'persons working within the building or the nearby County court complex to walk to work thus minimizing traffic congestion and air pollution. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The proposed use will be located at the upper levels of the proposed develop- ment offering a transitional use between the Court complex under construction to the west and the residential development to the east. City Planning Commission Agenda Items for Meeting of August 12, 1981 Page 3 3. ~at the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed project will require approval of a building permit prior to construction. Said permit process will insure the project meets the requirements of the Uniform Building Code and Municipal Code. 4. That the granting of this conditional use will not adversely affect the general plan of the city or the adopted plan of any governmental agency. The mixture of land uses will create an urban environment within the central commercial area of the City of Chula Vista. Said mixture is recognized by the goals and objectives of the General Plan. CONDITIONED negative declaration PROJECT NAME: Badii Condominiums PROJECT LOCATION: 521-25 Third Avenue, and 290 "H" Street PROJECT APPLICANT: Anush Badii 225 Broadway, Suite 1600 San Diego, CA 92101 CASE NO.: IS-81-45 (revised) DATE: June 29, 1981 A. Project Settin9 The project involves approximately 1.17 acres of property which is presently divided into 3 lots containing a commercial office building at 521-25 Third Avenue. (converted residence) and a single family dwelling at 290 "H" Street. Adjacent land uses consist of multiple family units to the east, single family dwellings to the south, a savings and loan facility to the northwest (corner parcel), a church and H Street to the north and the Southbay Court Complex and Third Avenue to the west. The project site is void of any significant wildlife and there are no significant natural or man-made resources present, although approximately 5 mature trees are located on-site. Expansive soils may be present on the site and a trace of the "Chula Vista Earthquake fault" may traverse a portion of the property. B. Project Description The applicant proposes to remove the existing structures on-site in order to construct 28,800 sq. ft. of commercial office space and 5 residential units. The offices and residential units are contained in one, combination 2 and 3 story structure, with the residences occupying the third floor and a portion of the second floor. Parking for 108 cars will be located under, the proposed structure. The total height of the structure would be approximately 45 feet. Previous Revised Commercial floor space 0 28,800 sq. ft. Residential units 36 5 Parking: Compact 9 25 Standard 59 81 Total 68 spaces 108 spaces In addition, the Third Avenue driveway has been relocated approximately 60 ft. further to the north and the H Street driveway approximately 10 ft. to the west on the revised site plan. The 5 residential units will be located on the westerly portion of the lot with access at the third floor level. The elevations will be essentially the same as the previous plan. city of chula vista planning department ~ environmental review section IS-81-45 (revised) ~ -2- ~ C.. ComDatibilitS of zoning and plans ~ Th~ proposed commercial/residential structure is located within the Town Centre Redevelopment Area presently zoned C-Oo Approval of the Town Centre Project Area Committee would be required for the proposed land use. The present Town Centre I Redevelopment Land Use Plan designates the future land use at this location as Central Commercial which permits residential and commercial office land uses. The easterly 75 ft. of the project site is presently zoned R-3 (Multiple family), although the property owner is presently pursuing a rezoning request to C-O (Commercial office). The proposed zoning would permit commercial office space and residential development (subject to approval of a Conditional Use Permit). The project is compatible with the General Plan and associated elements. D. Identification of environmental effects 1. Soils The City Engineering Dept. has indicated that expansive soils are present in the project area, therefore, a soils report should be prepared and recommenda- tions incorporated into the project to ensure stable construction. 2. Geologs The project is located east of the Southbay Court Facility which is currently under construction and where the "Chula Vista Earthquake Fault" was recently discovered. The fault trace, which trends northeasterly and could cross the westerly corner of the property, was identified in a geological investigation performed in 1980 (June 27, 1980, Elliott). A geotechnical investigation should be conducted on the project site with recommendations to be incorporated into the project. 3. Noise The project site has frontage on a "major road" (H Street) and a "collector road" (Third Avenue), as identified by the Chula Vista General Plan, 1990. A preliminary noise analysis has been conducted by the City's Engineering Dept. for the proposed residential units with an exterior noise level calculated at 65.54 dBA. The maximum allowable noise level for private open space areas (balconies, etc.) is 65 dBA and for interior living areas is 45 dBA. Standard construction techniques will reduce interior noise levels by 20 dBA. Since the projected noise levels approach or exceed the maximum noise level~s, a detailed analysis should be conducted by a qualified acoustician with recommendations to be incorporated into the development plans. 4. Aesthetics Exterior lighting could create excess glare on adjacent residential areas and therefore all exterior lights should be shielded to avoid this. Several mature trees are located on the site. The developer should coordinate with the City's Landscape Architect concerning the disposition of these trees. 5. Parks There are presently no developed park acres within park district no. 5.01, there- fore, in-lieu park fees shall be paid for the acquisition and development of park land within this district. IS-81-45 (revised) -3- ~,' 6. Energy ¥~ Alternative energy methods, such as solar energy should be examined and implemented where feasible in the project to conserve the use of fossil fuels. 7. The Engineering Dept. has indicated that there is a need to widen H Street at this location, therefore a total of 8 ft. should be dedicated for street purposes. E. Miti§ation necessary to avoid significant impacts 1. A geotechnical investigation shall be conducted on the project with recommendations to be incorporated into the project. 2. A noise analysis shall be prepared by a qualified acoustician with recommen- dations to be incorporated into the project° 3. The developer shall coordinate with the City's Landscape Architect concerning the disposition of the existing mature trees on the project site prior to design review. 4. All exterior lights shall be shielded to avoid excess glare on adjacent residential areas. 5. A total of 8 ft. of property shall be dedicated for street purposes along the H Street frontage. 6. A soils report shall be prepared and all recommendations are to be incor- porated into the project. 7. In-lieu park acquisition and development fees shall be paid prior to development. F. Findings of insignificant impact 1. The site is void of any significant natural or man-made resource, although approximately five mature trees are present on-site. Proposed mitigation will ensure the proper disposition of the existing trees. The "Chula Vista Earth- quake Fault" may be located on a portion of the site in addition to the presence of expansive soils, however, proposed mitigation will ensure stable construction. 2. The proposed residential development is consistent with the General Plan and associated elements and is not anticipated to achieve short term to the disadvantage of long term environmental goals. 3. No impacts are anticipated to occur which could interact to create a substantial cumulative effect on the environment. 4. The project will not cause a significant emission of any harmful substance or noise which could prove hazardous to the health and welfare of human beings. · IS-81-45 (revised) .~_ ~ G. Consultation 1. Individuals and organizations City of Chula Vista - Steve Griffin, Assoc. Planner Roger Daoust, Senior Eng. Shabda Roy, Assoc. Eng. Tom Dyke, Plan Checker Ted Monsell, Fire Marshal Duane Bazzel, Asst. Planner Richard S. Bundy - Applicant's designer 2. Documents IS-81-34 Dalseth-Campbell Rezone IS-81-37 Villa Contessa The Initial Study Application and evaluation forms documenting the findings of n.o significant impact are on file and available for public hearing at the Chula Vista Planning Dept. 276 4th Avenue, Chula Vista, CA 92010 - ' j~ENVIRON,,~NTAL REVIEW COORDINATOR city o! chula vista planning department (~ ~ environmental review section EN 6 r~:¥:l..:'_~ . i '.l I .I 'l I :2:~ I I ' ; - I I I ~ ~ow~s .-. I ' I I I '~ I s~o~ I I I :~ j DONUT S~P I I MF MF ~ J MF J -- -~'- STREET .. --I ~ j I I I I _ ~K t I i I I I A~A ~_~___u i I I iCOUNTY ~lF SAN DIEGO SOUTH~A¥ WHITN L USH F LOCATOR . · / PERMIT TO LOCATE RESI I DENTIAL USE IN THE C-O. City Planning Commission Agenda Items for Meeting of August 12, 1981 Page 4 2. PUBLIC HEARING: Request to revise General Development Plan for Point Robinhood at 1675 Brandywine - John CaseS A. BACKGROUND 1. This item involves a request to revise the approved General Development Plan for the Brandywine (Point Robinhood) Planned Community located on the east side of Brandywine Avenue and on the north and south sides of Sequoia Street in the P-C zone. The applicant proposes to develop the southerly 0.8 acres of a designated 1.7 acre neighborhood commercial site located at the southeasterly corner of Brandywine Avenue and Sequoia Street with 14 two bedroom townhouse units, a density of 17.5 dwelling units per acre. 2. An Initial Study,(IS-81-48), of possible adverse environmental impacts of the project was conducted by the Environmental Review Committee on June 25, 1981. The Committee concluded that there would be no significant environmental effects and recommended that the Planning Commission adopt the Negative Declaration. B. RECOMMENDATION 1. Adopt the Negative Declaration on IS-81-48 and find that this project will have no significant environmental impact. 2. Adopt a motion recommending that the City Council approve the revision (PCM-82-1) to the General Development Plan for the Brandywine Planned Community as shown on Exhibit "A". C. DISCUSSION 1. Brandywine Planned Community The General Development Plan and P-C zone for the Brandywine Planned Community was approved by the City Council in t971. The plan covers approximately 119 acres gross located on the east side of Brandywine Avenue and on both sides of Sequoia Street. The designated land uses were tabulated as follows: a. Elementary school site - 11± acres gross b. Neighborhood commercial center - 3± acres gross c. Single family attached residential - 61~ acres gross - 495 units d. Multipl'e family apartments - 44± acres gross - 400 units 2. Point Robinhood Development In 1973, the City Council approved the tentative subdivision map for the Robinhood Point development. At the time of approval, the land use concept was changed from single family attached housing and apartments totalling 895 dwelling City Planning Commission ]~ Agenda Items for Meeting of August 12, 1981 Page 5 units to 291 clustered single family detached dwelling units, a reduction of more than 600 units. The neighborhood commercial center was reduced to a net area of 1.7 acres and its configuration altered due to a north/south fault located east of and parallel to Brandywine Avenue. An open space lot developed with tennis courts was created between the commercial center and the residential area. An RV storage area lies directly to the south of the commercial lot. Access to the RV storage is provided across the south end of the commercial property. 3. Existing site characteristics a. The neighborhood commercial center is a 1.7 acre lot with approximately 180 feet of frontage along the south side of Sequoia Street and approximately 410 feet along the east side of Brandywine Avenue. Topographically, the site is split into two different levels with the northerly half of the lot being approximately 9 feet higher than the southerly half with a 2 to I slope bank in between. The northerly portion of the lot is also below the street level of Sequoia Street. b. In November of 1978, the Planning Department approved a Planned Develop- ment proposal for a commercial center to be constructed in two phases. The first phase has been constructed and consists of a single story structure with 6400 sq. ft. of retail floor space, 47 parking spaces and related landscaping. Access is provided from Brandywine Avenue via a two way driveway. The building is presently occupied by a convenience market (Seven-Eleven) and a church which was approved for a period of three years by the Planning Commission in January 1981 (PCC-81-7). c. The second phase was planned as a one and two story split level structure with 13,200 sq. ft. of retail and office space in the vicinity of the existing slope bank. An additional 34 parking spaces were proposed with access from the existing driveway serving the RV storage and an on-site driveway between the two levels in front of the proposed building. 4. Proposed development The applicant proposes to construct a 14 unit two-bedroom townhouse project in two buildings. A two story four-plex is proposed along the northerly boundary line and a 10 unit combination two and three story structure with a 16 stall parking garage underneath is proposed to be located along the easterly boundary line. An additional 17 parking spaces will be provided in front of the buildings in acentral parking area. Access is provided by the existing driveway located in the center of the project which currently serves and will continue to serve the RV storage area to the south. There will be no interior driveway between the commercial and residential uses. The buildings will have a combination pitched and shed type shake shingle roof with the shed portions on the ends of the building. The exterior elevations will be stucco with rounded shingle and wood trim and the exterior elevation at the garage level as well as the retaining walls will be split faced block. The project, which is compatible with the existing commercial development, was approved by the Design Review Committee on July 16, 1981 subject to certain conditions. D. ANALYSIS 1. The Brandywine area is located at the extreme southeast corner of the urbanized area of the City of Chula Vista and is somewhat isolated because of the City Planning Commission Agenda Items for Meeting of August 12, 1981 Page 6 present lack of a north-south collector street leading through the area. Brandywine Avenue will eventually connect Telegraph Canyon Road with Otay Valley Road. However, this connection is anticipated to be a number of years away. The area is also served commercially by existing neighborhood centers at Orange and Melrose and at Otay Valley Road and Melrose. Future land use expansion to the east and the south is likely to be industrial in nature so that it cannot be expected to contribute to the demand for neighborhood commercial development. ~hisobservation is supported by the fact that even the existing commercial building is not being fully utilized for retail uses. Therefore, there is not a demonstrated need to retain the remaining commercial area. 2. The Point Robinhood development was reduced by more than 600 units from the original plan which logically has reduced the need for the additional service commercial. It is therefore appropriate to redesignate the vacant commercial property for some other use. Based on its location, residential development is the most logical choice. And because it is located on a future residential collector and isolated from the remainder of the Point Robinhood development, it is my opinion that the subject property lends itself more toward multiple family residential than to single family. 3. The proposed density of 17.5 dwelling units per acre is in keeping with densities allowed in other neighborhood commercial centers by conditional use permit. The increase of 14 units within the Brandywine development is still considerably less than originally proposed. The 291 units developed in addition to the 14 units proposed will result in a total of 305 units or an overall density of 3.2 dwelling units per acre, well below the density range of the General Plan for this area of 4 to 12 dwelling units per acre. CONDITIONED negative declaration-- PROJECT NAME: Robinhood Mall Apts. PROJECT LOCATION: South of 1655 Brandywine Ave. PROJECT APPLICANT: Robert E. Casey 3648 Main St. Chula Vista, CA 92011 CASE NO: IS-81-48 DATE: June 25, 1981 A. Project Setting The proposed project site consists of 0.8 acres of vacant land south of 1655 Brandywine Ave. The project site is presently part of a 1.66 acre parcel, partially developed with a neighborhood commercial shopping center. Vacant land is located to the east, an RV storage yard to the south, and comdominiums to the west across Brandywine Ave. There are no rare or endangered species located in the project vicinity. Expansive soils are known to exist in the project vicinity. EIR-73-8, Brandywine Planning Community (Robinhood Point Subdivision) identifies the presence of the La Nacion Fault zone, approximately 100 ft. to the east of the project site. The project site which was previously graded for future commercial construction also serves as access to the RV storage yard to the south. B. Project Description The applicant proposes to amend the approved General Development Plan for the project site which consisted of retail commercial floor space, in order to construct a 14 unit apartment complex. The proposed development consists of two 3 story structures, parking for 33 cars, and appropriate private open space and landscaping. Access to the RV storage lot to the south will continue to be provided across the project site. C. Compatibility with zoning and plans The proposed project site is a part of a 108 acre Planned Community (Robinhood Point). Residential density (gross) within this previously approved plan amounts to 2.7 dwelling units per acre. The proposed revision to the previously approved plan would increase density (gross) to 2.8 dwelling units per acre, well below the city of chula vista planning department environmental review section IS-8!-48 2 maximum 12 dwelling units per acre designation on the General Plan for this area. The proposed project will be compatible with the General Plan upon approval of the revised General Development Plan. D. Identification of environmental effects 1. Soils Expansive soils have been identified in a recent soils report prepared on the subject property (Woodward-Clyde Consultants May 1979). Recommendations contained in the report should be incorporated into any development of the project site. 2. Geology The location of the La Nacion Fault zone was identified in EIR-73-8. The EIR advises that no residential structures be constructed within the fault zone (identified on the Robinhood Point subdivision map). Since commercial structures were previously proposed west of the fault zone and this proposed project will not have any structures located within the fault zone, no additional geological investigation will be required. 3. Drainage Surface drainage from the commercial site to the north presently traverses the subject site at two locations via concrete low- flow ditches. This runoff will be rerouted with this proposal, in order to reach Brandywine Ave. Approval by the Landscape Architect and City Engineer will be required for the design of these systems. 4. Noise The commercial development to the north has its trash receptacles located adjacent to the subject site. Nuisance noise levels may be experienced within the proposed private open space areas. A 6' high zoning wall is proposed for the northerly property line dividing the commercial and residential land uses which should help in reducing these impacts. 5. Aesthetics Since parking lot lighting for the adjacent development is located.at the subject propertys northerly boundary, special emphasis should be placed on providing some shielding of excess glare on the proposed apartment units. This can be accomplished by providing sunshade patio structures adjacent to the proposed units, subject to zoning requirements. 6. Schools Both the local junior and senior high schools are presently IS-81-~8 3 · ~ experiencing student capacity problems. The developer will be required to provide written assurance from the local school districts that adequate classroom space is available. E. Mitigation measures necessary to avoid significant environmental impacts. 1. Development of the project site shall conform to recommen- dations contained within the soils investigation (Woodward-Clyde Consultants, May 1979) to ensure stable construction. 2. Internal site surface drainage plans shall be approved by the City Engineer and the City's Landscape Architect prior to construction of the project. 3. Patio sunshade structures shall be constructed for units 11 through 14 for screening of parking lot pole lights. Specifications shall be subject to zoning requirements. 4. The developer shall submit letters from the local school districts assuring that adequate classroom space is available to development. F. Findings of Insignificant Impact 1. The project will not adversely effect any natural or man- made environmental features present in the project setting, nor will the project generate any pollutants that will have a potential to significantly degrade the quality of the'environ- ment or curtail the range of the environment which supports the biosystem. 2. The project is in conformance with the long range goals of the City of Chula Vista and will not therefore attain short term to the disadvantage of long range goals. 3. The proposed apartments will not have any impacts that are anticipated to interact and cause any substantial cumulative affect on the environment. 4. The project will not result in the generation of any noise, air pollution, light, aesthetic blight or any other hazard to the welfare or health of any human beints. G. Consultation 1. City of Chula Vista Steve griffin, Assoc. Planner Roger Daoust, Sr. Eng. Shabda Roy, Assoc. Eng. Tom Dyke, Bldg. Dept. Duane Bazzel, Asst. Planner Ted Monsell, Fire Marshal John Casey, Applicant 2. Documents EIR-73-8 Brandywine (Robinhood Point) The Initial Study Application and evaluation forms documenting the findings of no significant impact are on file and available for public hearihg at the Chula Vista Planninq Dept. 276 4th Avenue, Chula Vista, CA 92010 ~ ' EN~IRO:~,',tE,~2TAL P~VIEW COOP~INATOR city of chula vista planning department ~ environmental review section EN 6 E L EMEN TA RY ~G~ ' ~ P ~ ~ K ~RO~ , COURTS APP~VED I ~FTAC~ OPEN DNAL I 1 FUTURE ELEMENTARY SCHOOL :, aa : /Development Plan for Point ,/ . ~ ~ . Robinhood at 167. Brandy_ ,~ PRO,JECT ' AREA LAND USE TABULATION ~ Reques't to rewse general Development City Planning Commission Agenda Items for Meeting of August 12, 1981 Page 7 3. Consideration of Proposed amendments to the adult recreation regulations of the Chula Vista Municipal Code, and the repeal of the conditional use permit prerequisite to the establishment of adult recreation uses in the C-T zones A. BACKGROUND 1. On June 10, 1981, the Planning Co~mission adopted a resolution recommending that the City Council delete the conditional use permit requirement from Chula Vista's adult recreation.regulations. This action was taken at the behest of the City Attorney in response to a recent apellate court decision. 2. On July 7, 1981, the City Council accepted the Commission's recommendation, and, in response to a recommendation by the City Attorney, further moved that the proposed amendment include the addition of drug paraphernalia shops as one of the uses regulated under the adult recreation standards, as well as provisions which require the screening of the display of adult-oriented materials from public view. As a result of these modifications, the Council has returned this item to the Planning Commission for report and recommendation. B. RECOMMENDATION Adopt a resolution recommending that the City Council adopt the proposed amendments to the adult recreation regulations, as shown in Exhibit A of this report. C. ANALYSIS The proposal now before the Commission would accomplish the following three amendments to the adult recreation regulations: 1. Delete the conditional use permit requirement for adult-oriented recreation uses, as previously endorsed by the Commission. 2. Add "Narcotic or drug paraphernalia shops" to those uses now. regulated under the adult recreation provisions of the zoning ordinance. These provisions limit the establishment of adult-oriented businesses to the C-T zone; prohibit such establishments within 500 fe~t of residential districts, churches, schools, parks and playgrounds; and, require a minimum spacing of 1000 feet between individual adult-oriented businesses. 3. Add an additional provision which would screen the internal displa~ of adult-oriented material from public view, and prohibit the depiction or description of such material on exterior signs, graphics or displays. The proposed amendments are consistent with the Planning Commission's earlier recommendation and their adoption is appropriate. Exhibit A Proposed Amendments to the Adult Recreation Zoning Regulations of the Chula Vista Municipal Code Chapter 19.04 DEFINITIONS Add Section 19.04.157 Narcotic or Drug Paraphernalia Shop "Narcotic or Drug Paraphernalia Shop" or head shop shall mean any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injecting marijuana, hashish, cocaine, PCP or anN controlled substance is displayed or offered for sale. Chapter 19.40 C-T--THOROUGHFARE COMMERCIAL ZONE 19.40.020 Permitted uses. Principal permitted uses in the C-T zone are as follows: O. Adult-oriented recreation businesses, subject to the provisions of Section 19.58.024. 19.40.030 Conditional uses. Conditional uses in the C-T zone include: Proposed addenda ////////// Proposed deletions Chapter 19.58 USES 19.58.024 Adult-oriented recreation A. The following described businesses are deemed to be adult-oriented recreation businesses, and shall only be permitted ~ ¢~%~7 ~ ~ in the C-T zone. 11. Narcotic or drug paraphernalia shop Proposed addenda ///////// Proposed deletions Deletion of the following subsection, in its entirety. B. Additional Findings. Before the planning commission grants a conditional use permit for an adult recreation business, it must, in addition to the findings required by Section 19.14.080, find, from the evidence presented: 1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed; 2. That the proposed use will not tend to create conditions of blight or tend to depreciate the value of nearby properties; 3. That the proposed use will not enlarge or encourage the development of a "skid row" area; 4. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation; 5. That all applicable regulations of this code will be observed. ~IB~. Location Requirements. (Change subsection C to B) Addition of a new subsection C to reads as follows: C. Specific Standards-View of Interior from Public Way. All building openings, entries and windows from adult entertainment establish- ments shall be located, covered or screened in such a manner as to prevent a view into the interior, from any public or semipublic area, including public sidewalks, streets, arcades, hallways or passageways, of any material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas, or of drug paraphernalia, as defined in this code. Further, such businesses may not have signs, graphics, or window displays which in any way present, depict, illustrate or describe any such material.