HomeMy WebLinkAboutPlanning Comm Reports/1980/11/12 AGENDA
City Planning Commission
Chula Vista, California
Wednesday, November 12, 1980 - 7:00 p.m. City Council Chambers
PLEDGE OF ALLEGIANCE - SILENT PRAYER
APPROVAL OF MINUTES - Meeting of October 22, 1980
ORAL COMMUNICATIONS
PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 80-29,
Vista Knolls, conversion of 74 unit apartment complex to
condominiums, 1470 Second Avenue - Park Avenue Associates
2. PUBLIC HEARING: Environmental impact report EIR-80-7 on Brandywine
Industrial Park
3. PUBLIC HEARING: GPA-81-I - Request for amendment to the General Plan to
change the designation of 19 acres at Otay Valley Road and
Brandywine Avenue from medium density residential to research
and limited industrial
4. PUBLIC HEARING: GPA-81-2 - Consideration of amendment to the E1 Rancho del Rey
Specific Plan to incorporate a development plan for East "H"
Street
5. PUBLIC HEARING: PCA-81-2 - Consideration of amendments to the I-L and I
zones to authorize the establishment of certain commercial
land uses therein
6. PUBLIC HEARING: PCA-81-3 - Consideration of amendment to Municipal Code to
require relocation assistance for tenants of residential
properties being converted to condominium ownership.
ORAL COMMUNICATIONS
DIRECTOR'S REPORT
COMMISSION COMMENTS
To: City Plannin~ Commission
From: D.J. Peterson, Director of Planning
SUBJECT: Staff report on agenda items for Planning Commission
Meeting of November 12, 1980
1. PUBLIC HEARING: Tentative subdivision map_for Chula Vista Tract 80-29,
Vista Knolls, conversion of 74 unit apartment complex to
condominiums, 1470 Second Avenue - Park Avenue Associates
A. BACKGROUND
1. The applicant is requesting approval of a tentative subdivision map known
as Vista Knolls, Chula Vista Tract 80-29, for the purpose of converting an existing
74 unit apartment complex on 2.5 acres into a one lot condominium project. The
subject property is located at 1470 Second Avenue and is zoned R-3.
2. The project is exempt from environmental review as a class l(b) exemption.
B. RECOMMENDATION
Based on the findings contained in Section "E" of this report, adopt a motion
recommending that the City Council approve the tentative map for Vista Knolls,
Chula Vista Tract 80-29, subject to the following conditions:
1. The owner shall grant to the City a 7.5 foot easement for street tree
purposes along Second Avenue prior to approval of the final map.
2. The owner shall construct wheelchair ramps on Second Avenue as shown
on the tentative map prior to approval of the final map. A construc-
tion permit will be required for said work.
3. The owner shall install a 100 W high pressure sodium vapor street light
on Second Avenue 9 feet south of the southern driveway return prior to
approval of the final map.
4. The developer shall obtain the necessary permits to do the work required
for approval by the Design Review Committee within 120 days after the
approval of the final map. Such work shall proceed in an expeditious
manner and shall be complete 90 days from the issuance of the permits.
5. The applicant shall comply with the provisions pertaining to tenant
relocation assistance which are in effect at the time the final map is
approved by Council.
C. DISCUSSION
1. Adjacent zoning and land use:
North R-3 Apartments
South R-3 SDG&E right-of-way
East MHP Mobile home park
West RU-27 (County) Single family dwellings
2. Existing site characteristics.
a. The subject property is located on the west side of Second Avenue
between Orange Avenue and Quintard Street approximately 620 feet south of Quintard
Street. The site is relatively level, sloping gently toward the west away from
City Planning Commission Page 2
Agenda Items for Meeting of November 12, 1980
Second Avenue. The 2.5 acre site is developed with a 74 unit apartment complex
(54 two bedroom units and 20 one bedroom units) constructed in 1973. The develop-
ment consists of six two-story residential structures with 41 carports located
under three of the buildings and a one-story recreation building. The develop-
ment is of contemporary design with the exterior elevations consisting of a
combination of slump block veneer, stucco, plywood siding and wood trim. The
roof design is a combination of a flat roof and shake shingle mansard. The
developer will be installing new resawn siding and solid wood balconies to improve
the appearance and privacy of the units.
b. In addition to the 41 carports, there are 79 open parking spaces
for a total of 120 onsite parking spaces, which meets the requirements of the
Code. Access to the site is provided by a single two-way driveway entering from
Second Avenue and located along the south property line.
3. Private open space.
The one bedroom units will have either a private patio or balcony with an
area of 60 sq. ft. or 83 sq. ft. The two bedroom units on the ground floor have
patios of 80 sq. ft. or 112 sq. ft., whereas the second floor units have a balcony
containing 60 sq. ft. or 83 sq. ft. The patio and balcony areas meet the Design
Manual requirements which sets forth a minimum area of 60 sq. ft. for balconies and
60-80 sq. ft. for patios (1 bedroom-2 bedroom).
4. Private storage.
The applicant proposes to provide 163 cu. ft. of storate in the vicinity of
the patio or balcony of the one bedroom units. The two bedroom units will have
101 cu. ft. of adjacent storage located in the patio or balcony and 100 cu.ft, of
storage located either in a carport or within the laundry area. The municipal
code requires a minimum of 150 cu. ft. of storage for a one bedroom unit and
200 cu. ft. for a 2 bedroom unit, so the applicant's proposal conforms to the code.
5, Design Review Comnittee.
Since the apartments were constructed in 1973 prior to the formation of the
Design Review Committee, the project was submitted to the Committee on May 1, 1980.
The Committee approved the project subject to certain conditions regarding fencing,
trash enclosures, landscaping and open space. These changes have been incorporated
into the project design.
6. Tenant relocation assistance.
In connection with its approval of the East Orange Village condominium conver-
sion, the City Council required the applicant to provide tenant relocation assist-
ance in line with whatever ordinance exists at the time Council acts on the final
map. An ordinance amendment is a later item on this agenda and an appropriate
condition of approval is being recommended on this tentative map.
City Planning Commission
Agenda Items for Meeting of November 12, 1980 Page 3
D. ANALYSIS
The project either meets or exceeds the minimum requirements of the code pertaining
to storage, parking and open space. In addition, it has been conditionally
approved by the Design Review Committee. Therefore, it is recommended that the
tentative map be approved.
E. FINDINGS
Pursuant to Sections 66473.5 and 66412.2 of the Subdivision Map Act, the tentative
subdivision map for Vista Knolls, Chula Vista Tract 80-29, is recor~ended for
approval based on the following findings:
1. The site is physically suitable Fo~- ~esidentidl d~velopment and the
proposed development conforms to all standards established by the City for
such project.
2. The design of the subdivision will not affect the existing improvements--
streets, sewer, etc.--which have been designed to avoid any serious health
problems.
3. Approval of the project will not adversely affect the public service needs
of residents of the city or available fiscal and environmental resources.
4. The subdivision is consistent with the General Plan Elements as follows:
a. The conversion of apartment units into a condominium does not affect
the following elements of the General Plan: Land Use, Circulation,
Seismic Safety, Safety, Noise, Scenic Highways, Bicycle Routes, Public
Buildings, Conservation, Parks and Recreation, and Open Space.
b. Housing Element - While the conversion of apartment units into condo-
miniums will reduce the inventory of rental housing, it will also
permit an expanded choice of housing ownership.
MFD High School
(~6)
MFD (88) I
I
Mobile Home
Perk
MFD (150)
I
Flecfric Transmission
Right of Wey
PCS ~ 29 .
unffs fo CONDOMINIUMS , ' ~
1470 Second A~ /
City Planning Commis. .n
Agenda Items for Meeting of November 12, 1980 Page 4
2. ~UB__~_~E_~A_~G~.'_ ~gyi~r~gmenta~l_]~gS~__seport EIR-80-7 on Brand.vwine Industrial Park
A. BACKGROUND
1. This EIR covers an area larger than the proposed development of the
Brandywine Industrial Park on the north side of Otay Valley Road inasmuch as
the applicant contemplates a later development phase which will be on the south
side of Otay Valley Road. It was determined that the project could result in
significant environmental impacts and an EIR was required. A public meeting was
held on May 27, 1980 to obtain comments on the contents of the EIR from the public.
2. The EIR was then prepared under an agreement with PRC Toups Corp., the project
proponent and the Environmental Review Co~n|ttee. The Committee issued the draft
EIR for review on September 22, 1980.
3. As can be seen by examining Fig. 3.1~l on page 13, the annexation of the
property to the south of Otay Valley Road would result in the creation of a
county "island" and could not be approved by LAFCO. After the final EIR is
certified, the Planning Commission can make a reco~endation to the City Council
regarding the General Plan Amendment and zone change for subarea "A" (page 9).
The area south of Otay Valley Road will be evaluated in a subsequent EIR involving
a larger area.
4. Various written comments have been received and they are attached to this
report for your information. The document is being processed through the State
Clearing House, however, no comments have been forwarded to the City. If
comments are received prior to the hearing they will be available at the meeting.
B. RECOMMENDATION
1. Open the public hearing and take testimony relative to the adequacy of the
EIR. If there is no testimony, written or otherwise, which requires the preparation
of a response, certify that EIR-80-7 has been prepared in accordance with CEQA and
the Environmental Review Procedures of the City of Chula Vista subject to the
revisions noted in this report, and that the Planning Commission will consider the
information in the EIR as it considers the project.
2. If it is necessary to prepare a response to any comments, close the hearing
and schedule consideration of the final EIR for November 26, 1980.
C. PROJECl DESCRIPTION
Because the project has been reduced in scope to the area north of Otay Valley
Road this staff report will focus on that northerly area. The project consists of
a General Plan amendment from medium density residential (4~12 DU/acre) to research
and limited industrial. The zoning of the property would then be changed from
R-1-H (single family residential with the Hillside Modifying District) to I-L (limited
industrial). No development plans are available at this time.
City Planning Conmiss~on Page 5
Agenda Items for Meeting of November 12, 1980
D. IMPACT ANALYSIS
1. Land Use.
Several land use conflicts would be associated with implementation of the proposed
project. Eventual limited industrial development of the extreme northern portion
of the property could conflict with existing residential developments which are
located north and northwest of the project site.
Conf)icts between existing residential uses to the north and northwest of
the project site and the proposed industrial development could be mitigated by
providing a buffer between these two land use types. The sloping topography in
the northern and western portions of the property could provide an adequate buffer
if industrial development were permitted only on the flatter portions of the project
site. If development occurs on the sloping portions of this subarea, mitigation
would be much more difficult. Sufficient separation should be provided between
the residential uses and the industrial uses to minimize land use conflicts. These
concerns should be incorporated into the environmental review of the final develop-
ment plans.
Loss of agriculture in the southern portion of the project site would be
potentially incompatible with the Local Agency Formation CoF~nission's agricultural
lands preservation policy. This issue will be further evaluated in later environ-
mental documents prior to consideration of any annexation by LAFCO.
2. Geology/soils.
Several hazardous soil and geologic conditions occur on the project site which
could affect eventual industrial development. Structural setbacks would be required
before development could occur in proximity to the La Nacion Fault Zone which passes
in a north/south direction through the eastern portion of the project site. Expan-
sive soils and highly erodible soils also occur on the project site. Densification
would have to be provided before development could occur on expansive or fill soils.
Careful landscaping would reduce potential erosion of highly erodible soils.
3. Noise.
Both mobile noise and stationary noise would be expected to increase if industrial
development occurs following approval of the land use designation changes proposed
by the applicant. The significance of these increases, as well as adequate mitiga-
tion measures to reduce potential impacts, would have to be evaluated on the project
level when more precise development plans become available.
4. Aesthetics.
Conversion of the project site from rural/agricultural to urban land uses would
result in alteration of the visual quality and landform of the property. Careful
site design, landscaping, and strict conformance with the City of Chula Vista's
grading ordinance would help to reduce potential impacts.
City Planning Conmlission Page 6
Agenda Items for Meeting of November 12, 1980
5. Fire Protection.
During the review of this EIR it was found that water pressure in this area
may not be adequate for industrial uses. If this is the case, there may be a
need for offsite improvements. This problem is now being investigated by the
City and the consultant. Further analysis will be presented at the Planning
Commission meeting.
6. Sewer Services.
Implementation of the proposed land use designation changes would not signifi-
cantly affect sewer service in the area. Eventual industrial development, in the
absence of improvements to the existing sewer system, would, however, have a sig-
nificant impact. The significanct of this impact would be reduced if the mitigation
measures outlined in the EIR are implemented and the problem of sewer availability
along Otay Valley Road is addressed on an areawide level.
7. Traffic.
Eventual limited industrial development of the project site would not signif-
icantly affect the level of service of roads in the project area. Improvements to
Brandywine Avenue could he made during construction of the proposed project and
potential sight distance problems along Brandywine Avenue could be mitigated on the
project level. The desirability of a traffic signal at the intersection of Otay
Valley Road and Brandywine Avenue would have to be evaluated on the project level
when the possible safety hazard of potential truck traffic generated by the proposed
project could be more definitively determined.
Some congestion could occur on westbound Otay Valley Road as a result of project
implementation. Final deteminations concerning improvements to Otay Valley Road
would have to be made when more precise development plans become available. Decisions
concerning offsite improvements to Otay Valley Road would have to consider development
of the proposed project in conjunction with other developments which have been or may
be proposed along Otay Valley Road.
Attached are revised pages for the Traffic/access section of the EIR. There is
no change in the conclusion, however, the revised analysis is done in a more
detailed and accurate manner than in the original pages.
8. Other.
No direct impacts to biological, archaeological, historical or paleontological
resources would occur as a result of implementation of the proposed project.
Eventual industrial development would result in the destruction of some onsite
resources. Potential impacts to a possible archaeological site in the northern
portion of the property will require further field evaluation at the project stage.
E. INPUT
Comments from the Environmental Control Con~ission, Montgomery Fire Protection
District and C~ have been received.
1. The Environmental Control Commission found that the EIR meets CEQA guide-
lines and noted their concerns.
City Planning Commission
Agenda Items for Meeting of November 12, 1980 Page
2. The correction noted by the Montgomery Fire Protection District will be
made in the final EIR,
3. The CPO letter requested a hydrologic study of the Otay River. This
study will be conducted as a part of the environmental evaluation of the
entire area south of Otay Valley Road.
F. CEQA FINDINGS
At this level of environmental review it cannot be concluded that there will
be a significant environmental impact due to project implementation. It appears
that mitigation measures are available which can avoid significant impacts. If
during the review of precise development plans siqnificant impacts are identified
CEQA findings must be made at that time.
October 13,1980
TO: Planning Commission
FROM: John A. Macevicz, Environmental Control Commissioner
SUBJECT: EIR-80-7 - Brandywine Industrial Park
This EIR meets CEQA guidelines, and the following concerns are listed:
(1) The location of the proposed industrial Park is in an "intimate relationship
with the residential area". There is no buffer between the industrial park
and the residents to the north and northwest.
(2) The southern end of the proposed project is in the flood plain, The
changing of the terrain to comply with local ordinances would put much
of the property above the existing ground level.
(3) Traffic impact - the industrial park would generate much heavy traffiq
to the detriment of the surrounding R-1 residences.
(4) Fire and police protection - at this point in time, it is the ECC's opinion
that it would impose an additional workload upon the Chula Vista Fire and
Police Departments.
(5) Sewer availability - the present lO-inch line located in Otay Lakes Road is
at near capacity. This condition would cause additional hardship to the
developer in providing holding basins for sewage and manufactured wastes.
(6) This industrial park will create an island in San Diego County, and there-'
fore, the annexation cannot be approved.
JAM:av
COMMENTS REVIEWED, AMENDED (AMENDMENT OF ITEM #1 AND ADDITION OF ITEM #6) AND
ADOPTED BY THE ENVIRONMENTAL CONTROL COMMISSION AT THE RESCHEDULED REGULAR BUSINESS
MEETING HELD MONDAY, OCTOBER 6, 1980, BY THE FOLLOWING VOTE:
AYES: Commissioners Macevicz, Taylor, Donovan, Iversen, Hernandez and Hodson.
Noes: None.
Abstain: None.
Absent: Commissioner Goodrich.
ATTEST:
AN~VILLAGOMEZ, SECRETARY
CITY BOARDS AND COMMISSIONS
OCTOBER 13, 1980
PHIL LANDOWSKI, FI~ CHIEF
391 OXFORD STREET CHULA VISTA, CALIFORNIA 92011
Emergency: 422-1101
Business: 422-1103
OcEobe~ 1, ~980
City of Chula Vista
Department of Planning
276 Fourth Avenue
Chula Vista, CA 92010
Attn: Douglas D. Re~d,
Environmental Review Coordinator
RE: BRANDYWINE INDUSTRIAL PARK
Dear Mr. Reid:
In regards to the Environmental Impact Report on the Brandy-
wine Industrial Park, the Montgomery Fire Protection District is
opposed to any annexations from it's area by any city that would
cause loss of revenue to the district, including contract areas
now being serviced by the Montgomery Fire Protection District.
Under ~3.14, FIRE AND POLICE, of the environmental study,
corrections should be made concerning the words,"contract areas".
The Montgomery Fire Protection District annexed all areas in the
report referred to as contract areas. Annexation dates were
August 6, 1973, and included United Entreprizes to the East and
West to 1-805, Southside of Main Street. (See attached annexation
map).
IF you have any questions regarding any of the above, please
feel free to call me at 422-1103.
Sincerely,
~-~/ / ~' / /
Phil Landbws~i,
FIRE CHIEF
A t ta chment
PL:je
COMPREHENSIVE
PLANNING ORGANIZATION
Suite 524, Security Pacific Ph~za
1200 Third Avenue October 22, 3.980
S~m Diego, California 92101
(714) 236-5300
Mr. Douglas Reid
City of Chul~ Vista
276 Fourth Ave.
f~lula Uista, CA 92010
Be: DEIR Brandywine Industrial Park f
D~ar Mr. Reid:
CPO staff has reviewed the draft environmental impact report for the
Brandywine Industrial Park. Neither the report nor this oa,,t~ant have been
reviewed by the Board of Directors.
The repo~ rt states that "fairly intense industrial use could eventually l__~a~___
to channelization of the natural (Otay) river" or "...structures in the
existing floodplain would be damaged due to flooding." 'It is. our ~ic~
that because the project proposes piecemeal fill which will affect ~F~Rer
portions of the floodplain, a hydrologic study of t_he river is nec~-~y.
Such a study would aR~ess the hydrology of the Otay River sO that the
impacts of a project such as the Brandywine Industrial Park c~an be eval-
uated and assessed on downstream properties.
Thank you for providing CPO an opportunity to be _Dart of the City's e~-
vi~-~m~tal review process. If you have any questions on this ~,~t~,t,
please contact me or Ruth Potter at 236-5342.
Sincerely,
Director, Areawide Clearinghouse ,
J jR /ec
SAN DIEGO REGION'S COUNCIL OF GOVERNMENTS
MEMBER AG[ NCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, Lerclon Grove, National City, Oceanside,
San Diego, Sen Marcos and Vista/Ex-officio Member: California Deparlment of Transportation/Honorary Member: Tijuana, B. CFA.
City Planning Commission Page 8
Agenda Items for Meeting of November 12, 1980
3. PUBLIC HEARING: GPA-81-1 - Consideration of an~ndment to the General Plan
diagram to changeable.designation of approximately 19 acres
located in the vici~ of Otay Val!ey Road and Brandywine
~enue from Mediu~ Den~{~ ~-esidentlal {0 Research and
Limited Industrial
A. BACKGROUND
1. This proposal has been initiated by Mr. Dick Kau of R-Square Realty Inc.,
who has also submitted an application to rezone the subject lands from R-l-H to
I-[. The adoption of the proposed General Plan amendment is prerequisite to the
consideration of the petitioned rezoning.
2. The Environmental Impact Report on this proposal, EIR-80-7, is the preceding
item on the agenda.
B. RECOMMENDATION
Adopt a motion recommending that the City Council amend the General Plan diagram
from "Medium Density Residential" to "Research and Limited Industrial" for approxi-
mately 19 acres of vacant land located on the north side of Otay Valley Road at
Brandywine Avenue, as depicted on Exhibit A of this report.
C. PLANNING AND ZONING INFORMATION
1. Existing land use, zoning and site conditions (see Exhibit B)
The territory in question is presently planned for Medium Density Residential
development (4-12 DU/acre) and is currently zoned R-1-H (Single family residential
with Hillside Modifying District). The site consists of vacant land with a natural
topography of moderate to steep slopes rising from the south (elevation 145 ft.) to
the north (elevation 250 ft.). This elevation differential of approximately 100 feet
represents an overall average natural slope of about 15%.
2. Adjacent General Plan designations (see Exhibit A)
North - Medium Density Residential
South - Research and Limited Industrial
East - General Industrial
West - Medium Density Residential
3. Adjacent zoning and land use (see Exhibit B)
North R-I-5; Brandywine Condominiums
R-l-lO-H; vacant land
P-C; Single family attached dwellings (Robinhood Point)
South I-L; Two single family detached dwellings and vacant land
East I-P; One single family detached dwelling, Omar's Rendering Plant
West R-l; Single family detached dwellings (Princess Manor No. 5)
City Planning Colm~ission
Agenda Items for Meeting of November 12, 1980 Page 9
D. DISCUSSION
1. The proposed amendment to the plan diagram of the Chula Vista General
Plan would substantially increase the potential area of the existing Otay Valley
Road limited industrial district and would improve its configuration, external
circulation, and developability. This enlargement and improvement might foster
the development of a small, well-ordered industrial park in the said district and
could thereby implement one of the General Plan's major objectives--the improvement
and diversification of Chula Vista's industrial base.
2. While the lands in question are adjacent on the north and west to residen-
tial areas, they can be regraded in a manner which will provide an adequate buffer
composed of landscaped areas, berms and substantial slopes. This protective treat-
ment could be assured by the attachment of the Precise Pian Modifying District to
the zoning of the subject lands.
3. It should also be noted that the uses authorized under the regulations of
the Limited Industrial Zone are those which would be visually and environmentally
compatible with adjacent residential uses and which would not produce high levels of
ambient noise, odors, smoke, dust, et cetera.
4. The subject lands are situated in close proximity to the Omar Rendering facil-
ity, and are therefore not ideally suited to residential use.
E. CONCLUSION
The existing land use pattern of the Otay Valley Road/Brandywine Avenue area
and the aims and objectives of the Chula Vista General Plan support the proposed
a men dine n t.
Residential
::: "' "'";-~'":' "' '- ~" r' ~-,' ..
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EXHIBIT
GPA - 81 - I
"Adjacent General Plan
.o.~. i:~ignotions"
o 500' tooo' Proposed Amendment to the General
Plon for approx. 19 ac. et Otoy
Volley Rd. & Brandywine Ave. from
Ltd. Indus."
V4CANT
VACANT
CONDO's SFDA'~
~iAREAi!iii[i~:::::::: OMA~'~ RENOER~NG
::::VACANT ....... ~:VACANT :: ~i~VACANT ........
SFD[I)
iI
I
SFD(:~) IVAC. II VACANT VACANT
I
.. .~...: ! couNTY oF SA.. D,EGO ,
AGRICULTURE
: ~ '1 l · I
~-"'~ERVICE j TELEPHONE I AGRICULTURE
S TA TI 0 N ·
, I ·
I I
I ~ [ NORTH
eSER)' I~.~ 0 200 400 F-- --'
~ I Proposed Amendment to the
SFD(3) I Generol Plon for opprox. 19 ocres
~ I ot Otoy Volley Rood ~, Brondy-
j---q I wine Ave. from "Med. Dens.
I..- J AGRICULTU~'E AGRICULTURE I AGRICULTURE Resid." to"Reseorch & Ud.
I I.
City Planning Commission
Agenda Items for Meeting of November 12, 1980 Page l0
4. PUBLIC HEARING: GPA-81-2 - Consideration of amendment to the E1 Rancho
del ReS Specific Plan to incorporate a development plan
for East "H" Street
A. BACKGROUND
The E1 Rancho del Rey Specific Plan contains a provision which requires develop-
ment tributary to East "H" Street to progress from west to east. The plan
further specifies that none of the lands within certain Sectional Planning Areas
may be developed until a plan for the extension of East "H" Street has been
approved by the City Council.
B. RECOMMENDATION
Adopt a resolution recommending that the City Council incorporate the East "H"
Street Development Program into the Specific Plan for E1 Rancho del Rey.
C. DISCUSSION
1. Staff has been working for several months with representatives of the
Gersten Company on a plan for equitably spreading the cost of the construction
of East "H" Street. The objective has been to develop a formula whereby the
proportionate share of the total cost of constructing East "H" Street can be
determined for each development at the time of approval of that development. This
has been done on the basis of the average daily trips which each land use will
generate.
2. The at~ached text and map (East "H" Street Development Program) represent
the general concept of the required plan toward which staff and the developer
have been working. Certain aspects involving reimbursements, credits and develop-
ment conditions have yet to be finalized. However, the traffic generation rates
have been resolved to the satisfaction of both parties.
3. This report will not discuss the details and complexities of the plan as
it is my feeling that the Commission need not get involved to that extent. For
those Commissioners who may be interested in the details, representatives from
the City engineering staff and the Gersten Company's engineer will be present to
answer questions. There is no disagreement between City staff and the Gersten
Company in regard to the concept represented by the plan.
City Planning Commission Page ll
Agenda Items for Meeting of November 12, 1980
5. PUBliC HEARING: Draft amendments to the~regulations of the I-L and I Zones~
authorizing the establishment of certain commercial land uses
therein
A. BACKGROUND
1. The City Council, meeting in regular session on August 5, 1980 requested
that staff prepare a modification to the zoning ordinance which would permit
certain commercial land uses to be established in industrial zones through the
conditional use permit process. According to Council direction, all conditional
use permit applications filed for the purpose of establishing such commercial
land uses should be reviewed by the City Planning Commission and the City Council.
2. On October 14, 1980, the City Cnuncil accepted the Planning Department's
report on the subject matter, and referred the draft zoning amendments embodied
in the said report to the City Planning Commission for its review and recommendations.
The draft amendments are attached hereto as Exhibit A.
3. An Initial Study (IS-81-17) of possible adverse environmental impacts of
the proposed amendments was conducted by the Environmental Review Committee on
Oct. 30, 1980. The ERC concluded that the said amendments would not produce
significant environmental effects, and recommended that the Planning Commission
adopt the submitted Negative Declaration.
B. RECOMMENDATION
1. Adopt the Negative Declaration on IS-81-17, and find that the subject project
would not significantly impact the environment.
2. Adopt a resolution, and thereby recommend that the City Council enact the
draft amendments to the "I-L" and "I" zonal regulations into ordinance.
C. ANALYSIS
1. The proposed amendments would authorize, through the conditional use permit
process, the location of certain commercial uses in the I-L and I zones. The
authorized uses would be those large retail distribution centers which are engaged
in the high volume, warehouse-type sale of goods, and which, therefore, require
massive floor space for the integrated storage and display of goods, and much onsite
parking. These quasi-industrial land uses can often be best accommodated on large
industrial holdings.*
2. The draft amendments would not generally authorize the establishment of
retail stores and shops in this municipality's industrial zones. Such a general
authorization would constitute a partial return to the days of "cumulative" zoning,
and would substantially reduce the zoning plan's capacity to implement the policies
constituent to the Land Use Element of the Chula Vista General Plan.
3. It is also well documented that the commercial needs of Chula Vista's
residents can be adequately met by the territory which is now commercially zoned,
or slated for commercial development under the General Plan, and do not necessitate
City Planning Commission Page 12
Agenda Items for Meeting of November 12, 1980
the commercial conversion of industrially zoned or planned territory. Therefore,
it is probable that the large retail distribution facilities, such as are
contemplated in this amendment, would serve a market far beyond the boundaries of
the city, thereby enhancing our opportunity to compete for regional sales tax
revenues.
4. The proposed amendments would be companion provisions to those of
Sections 19.44.040 L and 19.46.040 F, which, through the conditional use permit
process, permit "the retail sale of such bulky items as furniture, carpets and
other similar items," in the I-L and I zones, respectively. However, it should be
noted that the proposed ordinance amendments are not confined to the sale of bulky
merchandise.
*The dJstribntlon cent,,rs in question are popular land uses in England and France,
wherr, they are known as "retail warehouses" and "magazines," respectively.
EXHIBIT A
Draft Amendments to the regulations of the "I-L" and "I" Zones
Chapter 19.44
I-I--LIMITED INDUSTRIAL ZONE
19.44.040 Conditional uses.
Conditional uses permitted in an I-L zone include:
M. Retail distribution centers and manufacturers' outlets which require
extensive floor areas for the storage and display of merchandise~ and the
hi~h-volume~ warehouse-type sale of 9oods. Conditional use permit appliC
cations for the establishment of retail commercial sales uses~ covered
by the provisions of this subsection, shall be considered by the City
Council~ subsequent to its receipt of recommendations thereon from the
Pl~nnin9 Commission.
Chapter 19.46
I--GENERAL INDUSTRIAL ZONE
19.46.040 Conditional uses.
Conditional uses in an I district include:
G. Retail distribution centers and manufacturers' outlets which require
extensive floor areas for the storage and display of merchandise~ and the
~-~h-volume, warehouse-type sale of 9oods. Conditional use permit appli-
cations for the establishment of retail commercial sales uses~ covered
by the provisions of this subsection, shall be considered by the City
Council, subsequent to its receipt of recommendations thereon from the
Plannin~ Commission.
Proposed addenda
City Planning Commission
Agenda Items for Meeting of November 12, 1980 Page 13
6. PUBLIC HEARING: PCA-81-3 - Consideration of amendment to the Municipal
Code to r_~e~g, ire relocation assistance for tenants of-'
residential properties being converted to condominium
o~ne r~sh ~'--~-~
A. BACKGROUND
1. On October 14, 1980 the City Council expressed concern over the financial
hardship which confronts the rental tenants of residential developments which are
converted to condominium ownership. Council, therefore, recently instructed the
City Planning Department to prepare an amendment to the condominium regulations
which would require the owners of the said developments to provide relocation
assistance to their tenants.
2. The proposed relocation assistance amendment is embodied in the
attached Exhibit A and evaluated in the Analysis section of this report.
3. The proposed amendment is categorically exempt from CEQA regulations.
B. RECOMMENDATION
Adopt a resolution recorm]endin9 that the City Council enact the proposed amendment
to the Municipal Code into the ordinance.
C. ANALYSIS
1. The proposed regulation would require owners of developments converted to
condominium ownership to pay their tenants an amount equivalent to two months rent
or $500, whichever is greater, in relocation assistance. This payment would
partially defray moving and other costs associated with relocation.
2. Staff believes that the relocation assistance required under the proposed
amendment is equitable. The tenant who is forced to relocate because of the
unilateral decision of his or her landlord should not be compelled to underwrite
the entire cost of the relocation, as if the move were voluntary or based upon an
eviction founded on just cause.
Exhibit A
Amendment to Section 15.56.040 of the Chula Vista Municipal Code.
Chapter 15.56
CONVERSION OF DWELLING UNITS
TO INDEPENDENT OWNERSHIP
15.56.040 Notice of intent to convert--Sixty-day right of first
refusal to purchase--Provision of relocation assistance
to residential tenants.
The owners of multiple-family dwelling or dwelling group developments
shall provide their tenants one hundred twenty days' notice of their intent
to terminate tenancies for the purpose of converting their developments to
condominium ownership, and shall grant the tenants a sixty-day right of
first refusal to purchase their dwelling units as condominium estates.
Neither the one hundred twenty days' notice nor the sixty-day right of
first refusal shall commence to run prior to the owner's establishment of
a firm price for the involved condominium units.
The owners of multiple-family dwellin9 or dwelling group developments
covered by the provisions of this section shall provide their tenants the
~-q~nt of two months rent or 55'00, whichever is 9rearer, as relocation
assistance subsequent to the lapse of their sixty-day right of first refusal
to purchase their dwellin§ units as condominium estates or the owners' receiot
of written notice that the said rights will not be exercized. For the purposP
o~f.._~..!s reBulation~ a tenant is defined as the head-of-household of a tenancy.
....... _~roposed addenda