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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. 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'.~.'-: ~-..,.., .'....., ' Agr~culfure ~t Reserve -·..-~;-.. ,.-.-.- ~ River· 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