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HomeMy WebLinkAboutPlanning Comm Reports/1982/03/17 AGENDA City Planning Commission Chula Vista, California Wednesday, March 17, 1982 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER ORAL COmmUNICATIONS 1. PUBLIC HEARING: Variance PCV-82-1, request for reduction in front yard setback from 50 feet to 36 feet, at 697 Del Mar Avenue in the R-1 zone - Ernesto & Maria Rodriguez 2. PUBLIC HEARING: Conditional use permit PCC-82-13, request to establish an auto repair shop (tun, up and lubrication) and self-service car wash at 903 Broadway in the C-T zone - Jepsen Trust 3. PUBLIC HEARING: Consideration of tentative subdivision map for Chula Vista Tract 82-11, Rio Otay Industrial Park, 4826 Otay Valley Road in the I-P zone - Darling-Delaware Company 4. Review of conditional use permit PCC-81-18 for a used car lot at 696 Broadway - Vargas and Barrera 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 March 17, 1982 1. PUBLIC HEARING: Variance PCV-82-1, request for reduction in front yard setback from 50 feet to 36 feet, at 697 Del Mar Avenue in the R-1 zone - Ernesto & Maria Rodriguez A. BACKGROUND 1. The applicant is requesting a reduction in the required front yard setback from 50 feet to 36 feet in order to construct a 14 foot X 18 foot bedroom adddition in front of the existing residence located at 697 Del Mar Avenue in the R-1 zone. 2. The proposed project is exempt from environmental review as a Class l(e) exemption. B. RECOMMENDATION Based on the findings contained in Section E of this report adopt a motion to approve the reduction in the front yard setback from 50 feet to 36 feet at 697 Del Mar Avenue. C. DISCUSSION 1. Adjacent Zoning and Land Use All of the properties immediately adjacent to the subject property are zoned R-1 and developed with single family residences. The majority of the properties between "I" Street and "J" Street on Del Mar Avenue are zoned R-l-15 (15,000 square foot minimum lot size). 2. Existing Site Characteristics The subject property is a 6,600 square foot level corner lot located at the northeast corner of Del Mar Avenue and "J" Street. The property has 66 feet of frontage along Del Mar Avenue and 100 feet of frontage along "J" Street and is developed with an older single story wood frame residential structure with an attached single car garage located on the east side of the building. Access to the garage is from "J" Street. The building presently maintains the following setbacks: a) from Del Mar Avenue - 50 feet; b) from "J" Street - 25 feet; c) from the northerly property line - 7 feet; and, d) from the easterly property line - 8 feet. The structure is presently considered non-conforming because it is located eight feet from the rear (east) property line instead of ten feet as required by the Code for single story portions of residential structures. City Planning Commission Page 2 Agenda Items for Meeting of March 17, 1982 3. Setbacks The setback along Del Mar Avenue between "I" and "J" Streets is 50 feet and the setback along "J" Street is 20 feet. Both of these setbacks are established by the building line map which takes precedence over the setbacks established by the Municipal Code. In the R-1 zone, the code requires a 15 foot minimum front yard setback and a l0 foot exterior side yard setback. The majority of the homes on Del Mar Avenue are set back 50 fee% however, some of the homes are located as close as 30 feet. Two of the lots directly to the west and across the street from the applicant's property are setback 30-35' from Del Mar and another house located two lots to the north is setback 30'. The setback established along Del Mar Avenue south of "J" Street is 20 feet. 4. Streets Both Del Mar Avenue and "J" Street have a right-of-way width of 80 feet. The distance between the property line and the face of the curb is approximately 24 feet on both streets. The parkway is 14 feet wide on "J" Street and 16 feet on Del Mar Avenue. The property line is located 6 feet behind the 4 foot sidewalk on "J" Street and 4 feet on Del Mar Avenue. D. ANALYSIS 1. Lot Coverage The maximum allowable lot coverage in the R-1 zone is 40 percent. Based on this percentage the applicant would normally be allowed to cover 2,640 square feet of his lot. However, because of the established setbacks only 1,240 square feet or less than 19 percent of the lot, may be covered. It is quite clear that the applicant does not enjoy the same amount of lot coverage as other properties in the same zone and in the same general facility. The proposed 14' X 18' room addition together with the existing house will cover less than 25% of the lot. 2. Other Building Setbacks The majority of the properties along Del Mar Avenue between "I" and "J" Streets have lot depths of 290 feet. Because of this depth the majority of the structures are able to maintain a 50 foot setback from the property line and remain wi thin the permitted lot coverage. Even so, there are still a number of properties which have structures that are located closer than the required 50 feet to the front property line. 3. As indicated earlier, the distance from face of curb to the property line on Del Mar Avenue is 24 feet. The proposed addition would be located 36 feet from the front property line or an overall distance from the face of the curb to the structure of 60 feet. This setback far exceeds the minimum requirements of the R-1 zone. In addition, the property directly to the west across the street is already developed with a structure 30 feet from the front property line. Therefore, the proposed addition would be very similar to the property across the street to the west. Page 3 City Planning Commission Agenda Items for Meeting of March 17, 1982 E. FINDINGS 1. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context personal, family, or financial difficulties, loss of prospective profits in neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent for each case must be considered only on its individual Most of the lots on Del Mar between "I" and "J" are in the R-l-15 zone and are 290' in depth. The subject property is in the R-1 zone and is only 100' deep. However the setback of 50' established by the building line map applies to the entire length of the street. Thus, the building line map prohibits development on 50% of the subject property. This, together with other yard requirements of the zoning ordinance severely limits the buildable area of the subject lot. 2. That such a variance is necessary for the preservation and enjo~ent of substantial property rights posessed by other properties in the same zoning district and in the same vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. Without the granting of this request the applicant would be limited to less than 19% lot coverage whereas, other lots in the area may cover 40%. 3. That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this chapter or the public interest. Three out of six houses located on Del Mar near "J" Street are already setback only 30'-35'. The proposed addition is single story and is located 7' from the side property line whereas a 2 1/2 story addition woulU be allowed as close as 7' to the side property line. The construction of this addition will not adversely affect light and air available to neighboring properties. 4. That the authorizing of such variance will not adversely affect the general plan of the City of Chula Vista or the adopted plan of any governmental agency. The reduction as recommended will not adversely affect the general plan. WPC 0042P DL ~SF ~ SF SF L SF -- SF ~ ~F V~ ~ SF ----~ ~ ~ ~ "d" STREET ~F esto & Maria Rodriguez IPCV 8~. I I ~f/~ck from 30' to fl~ f~ ~7 Del M~ · ' City Planning Commission Page 4 Agenda Items for Meeting of March 17, 1982 2. PUBLIC HEARING: Conditional use permit PCC-82-13; request to establish an auto repair shop and self-service car wash at 903 Broadway - Jepsen Trust A. BACKGROUND 1. The applicant is requesting permission to establish an auto repair shop (tune-ups and lubrication) and a self-service car wash at 903 Broadway in the C-T Zone. 2. An Initial Study, IS-82-25, of possible adverse environmental impacts of the project was conducted by the Environmental Review Committee on February 18, 1982. The Committee concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. B. RECOMMENDATION 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-82-25. 2. Based on findings contained in Section "E" of this report, adopt a motion to approve the request, PCC-82-13, to establish an auto repair and car wash facility at 903 Broadway subject to the following conditions: a. Ingress into the auto repair building shall be permitted from the east side only. A sign indicating "Do Not Enter" shall be displayed on the west elevation of building. b. "Right Turn Only" signs shall be placed on the inside of the building in areas visible to motorists leaving the building. c. The property owner shall dedicate a sufficient portion of the northwest corner of the property to provide for a minimum 8 foot radius. d. Parkways on both streets shall be filled in with concrete (textured or colored concrete optional) and tree wells provided. The applicant shall also plant the required street trees within the wells. e. A complete sign program shall be submitted with an application for any building permits. However, the free-standing pole sign shall be limited to 25 feet in height and 63 square feet in area. Provision shall be made for identification of the car wash on the free-standing sign. City Planning Commission Page 5 Agenda Items for Meeting of March 17, 1982 f. A complete landscaping and irrigation plan shall be submitted with an application for any building penni ts. Aside from the landscaped areas shown on the proposed plan a triangular planter should be located at the southeast corner of the site and an effort made to provide tree wells along the easterly property line. g. A construction permit is required for the street work in the public right-of-way. The applicant shall obtain an excessive driveway permit for all driveways over 35 feet (including flares) in width prior to the issuance of any building permits. C. DISCUSSION 1. Adjacent zoning and land use. North C-T and R-1 Market, auto parts, florist and single family dwellings South C-T Tire sales (Dayton) East C-O Professional office (South Bay Board of Realtors) West C-T Service stations 2. Existing site characteristics. a. The subject property is a level 18,750 square foot parcel located at the southeast corner of Broadway and "L" Street. The property has 125 feet of frontage along Broadway and 150 feet along "L" Street and has two driveways on each street. The property is a former service station site which is currently vacant. The service station building is still located on the property; however, the pump islands and gasoline tanks have been removed. b. The adjacent property to the south is developed with a commercial structure constructed on the common property line between the two lots. The building extends across the full depth of the lots. The office building on the property to the east is located approximately 25 feet from the common property line with a driveway located in that area leading to a parking lot to the rear of the building. 3. Proposed development. a. The applicant intends to remove the existing structure and construct a 2,460 square foot commercial structure for automotive repairs and a 1,626 square foot self-service car wash structure with four bays on the property. The auto repair building will be located on the northwesterly City Planning Commission Page 6 Agenda Items for Meeting of March 17, 1982 portion of the site and will set back l0 feet from Broadway and 13 feet from "L" Street. The car wash structure will be located on the southerly property line 44 feet to the east of the auto repair building and approximately 27 feet from the easterly property line. b. The buildings will be of contemporary design with a flat roof and exterior elevations consisting of beige slump block with brown and burnt orange trim. c. The proposed signs consist of a 25 foot high 63 square foot (9'X7') pole sign to be erected at the northwest corner of the property and wall signs on the north and west elevations of the auto repair building. No signs are proposed for the car wash other than instructional signs. 4. Parking and circulation. a. The applicant intends to provide nine parking spaces on site. Seven spaces will be located adjacent to the southerly property line and two parallel spaces located immediately east of the auto repair building. These two parallel spaces will be used primarily by employees. b. The westerly driveway on "L" Street will be closed and the two driveways on Broadway relocated and widened. The most northerly driveway on Broaday will be used only for cars exiting from the auto repair shop. Ingress to the site will be provided by the existing driveway on "L" Street and southerly driveway on Broadway. Both of these driveways are two way drives. 5. Car wash. As mentioned earlier the car wash will have four bays. Because it is a self-service car wash it will remain open 24 hours a day. An attendant will visit the site at least once a day to insure the facility is operating properly. Patrons using the car wash will enter from the east side of the building. Three vacuum cleaners are located within the seven parking spaces located adjacent to the southerly property line. Motorists will also enter the auto repair shop from the east side of the building. 6. Auto repair. The auto repair shop (ECON? LUBE N' TUNE) will feature minor tune-ups, oil changes and lubrication. The building has three service bays each of which will accommodate two cars. The method of operation will be to service the automobiles in l0 to 30 minutes time. A waiting room is provided for the patrons. There will be three employees. The proposed hours of operation will be between 7:00 a.m. to 6:00 p.m., 7 days a week. (For more detailed information see attached applicant's exhibit #1.) City Planning Commission Page 7 Agenda Items for Meeting of March 17, 1982 7. Similar establishments. a. There are a number of auto repair facilities along Broadway which include service stations offering full service. However, the proposed auto repair facility would offer quick and limited service. b. There is an existing mechanized, non self-service, car wash located at Broadway and "K" Street. The closest self-service car wash is located on the west side of Third Avenue between "K" and "L" Streets. D. ANALYSIS 1. The proposed uses are almost completely surrounded by other commercial uses. Because of this, the 24 hour car wash operation should not adversely impact the adjacent uses even if it were to be used at night. 2. The auto repair facility is unique in that it offers quick service. Even though there will be three service bays, the number of cars entering and exiting the site will be less than that of the previous service station use. The conditions of approval will minimize any potential traffic conflicts. 3. The proposed free-standing sign should include identification for the car wash operation. The Lube N' Tune Up building is located at the corner and can easibly be identified by wall signs on the building, therefore it would appear important to identify the car wash operation which does not enjoy similar exposure. The pole sign area should be limited to the 25 foot height and 63 square feet, to be scale with the site and buildings. E. FINDINGS 1. That the proposed at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The closest existing self-service car wash is located almost a full mile away from the proposed site. Therefore approval of this request will provide new service to the residents of the area. The auto repair facility is unique in that it offers quick service. 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 site is almost completely surrounded by commercial uses which will not be affected by the proposed uses. City Planning Commission Page Agenda Items for Meeting of March 17, 1982 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed uses meet the regulation s of the code governing parking, circulation and construction. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The subject property is designated Thoroughfare Commercial on the General Plan. The uses are consistent with this designation. WPC 0062P/0001 Z DL ECONO LUBE N' TUNE Applicant's Exhibit I ECONO LUBE N' TUNE retail service facility provides the motorist with minor preventive maintenance service. (Minor 30 minute tune-up, and 10 minute lube, oil, and filter change). Ail service is performed inside the building. The building will have three service areas or bays where cars will be safety-checked and/or serviced in 10 .to 30 minutes while the customer either waits and watches, or utilizes the surrounding services available. No pollutants will be discharged into the atmosphere, and the service to autos will help mitigate auto pollutants in the area. Ail working facilities comply with O.S.H.A. regulations. All work is performed inside the building and customer traffic is very light. Of the facilities operating ECONO LUBE N' TUNE has found the average auto traffic volume to fluctuate between 30 and 40 cars over a normal business day 7:00a.m. to 5:00 p.m. (10 hours). ECONO LUBE N' TUNE utilizes three employees, and they are required to wear neat and clean uniforms and the facility itself is clean and attractive with a distinctive facade which will enhance the visual appeal of the location. The entire ~pncept is based on giving the customer professional, competent and courteous service in a pleasant surrounding. The low cost services provided by the operations of ECONO LUBE N' TUNE will be a bonus, in terms of convenience, to the residents of, and employees in the vicinity, and the commercial climate of the community will benefit from the utilization of a presently vacant land area. negative ueclaration- PROJECT NAME: Econo Lube 'N' Tune PROJECT LOCATION: 903 Broadway PROJECT APPLICANT: Jepsen Trust 8380 Hercules St., Suite "N" La Mesa, CA 92041 CASE NO. IS-82-25 DATE: February 18, 1982 A. Project Set,in9 The project involves approximately 4.3 acres of land located at the southeast corner of Broadway and L Street· The site is currently developed with a gasoline service station and accessory canopies over the former service islands. Adjacent land uses include offices to the east, a retail tire company to the south, a retail shopping center to the north across "L" Street and a service station across Broadway to the west. There are no significant vegetation, wildlife or cultural resources present on or near the site. There are also no significant geotechnical flood plain nor other physical hazards on or near the site which have been identified. B. Project Description The project consists of the razing of an existing service station structure and accessory structures for the construction of a 2,475 sq. ft. automotive lubrication and tuning facility. Additionally a 1,656 sq. ft. car wash facility providing four car wash bays would be constructed· The car wash facility is proposed to be located along the eastern property line near the center of the site. The tune up structure would be located closer to the corner of Broadway and "L" Street· All lubrication and tune up services would be performed inside the proposed building. The proposed structure would have three service areas or bays where cars would be checked or serviced within a 10 minute to 30 minute period. Customers would be provided a waiting room, where they would also be able to view the service. The applicant has indicated that facilities currently operating average between 30 to 40 cars over the normal business day, which is from 7:00 a.m. to 5:00 p.m. A total of 3 employees would work during each one day shift. C. Compatibility with Zoning and Plans The proposed use is compatible with the Thoroughfare Commercial designation of the General Plan and is allowed as a conditional use in the C-T zoning of the property. D. Identification of Environmental Effects The project is within the urbanized area of Chula Vista and is of such a nature that it will not result in any significant environmental effect. However, the city o! chula vista planning department ~ environmental review section IS-82-25 2 following notations should be made by the project applicant: 1. The project will discharge what is classified as industrial wastes into the metropolitan sewer system and therefore an industrial waste permit may be required for this discharge. 2. The street right-of-way at the intersection of Broadway and "L" Street is currently substandard and therefore an additional dedication of right-of-way to provide a 30 ft. radius at the curb will be required. E. Findings of Insignificant Impact 1. The project site is within the urbanized area of Chula Vista and has been developed for many years. There is a general lack of significant natural or manmade resources on the site or in the vicinity of the proposed project. There are no geologic or other hazards known to exist in the vicinity. 2. The proposed project is in conformance with the Chula Vista General Plan and the associated elements thereof. The project will not achieve any short term goals to the advantage of long term environmental goals. 3. Any potential impacts which could result from the project can be mitigated to a level of clear insignificance through standard development regulations. The effects of the project are so trivial in nature that no cumulative effect on the environment would result. 4. The project will not generate any traffic, air pollutants, liquid waste, nor solid waste which would create a hazard to human life. F. Consultation 1. Individuals and Organizations City of Chula Vista Steve Griffin, Associate Planner Duane Bazzel, Assistant Planner Tom Dyke, Plan Checker Roberto Saucedo, Associate Civil Engineer Bill Harshman, Senior Engineer Ted Monsell, Fire Marshal Applicant Jepsen Trust Consultant Stephanie J. Austin IS-82-25 3 2. Documents IS-80-1, 7-11, Auto Parts, Super 7. The Initial $,.~.c,¥ ~.pp, [c4tion an~I .~v,]luation 'forms doculnentinq the findin,:~: ~ no s~:~ FLc,~nt [mp,~ct ,]r~. on file and available for pu~lLc ~-~t'l<~%~ .~t ~h,, Ci~],~ %.'~;t~ ~'[~nnLnq Dcpt., 276 4th Avenue, EH%IRO~E~';TAL REVIE%': COOEDIt:ATOR city of chula vista planning department environmental review section + City Planning Commission Page 9 Agenda Items for Meeting of March 17, 1982 3. PUBLIC HEARING: Consideration of tentative subdivision map for Rio Otay Industrial ParK, C~ula Vista Tract ~g-ll - Darling-Delaware Company A. BACKGROUND 1. The applicant has submitted a tentative subdivision map known as Rio Otay Industrial Park, Chula Vista Tract 82-11 in order to subdivide 40.7 acres located at 4826 Otay Valley Road in the I-P (General Industrial subject to a precise plan) into 22 industrial lots. 2. An initial study, IS-82-20, of possible adverse environmental impacts of the project was conducted by the Environmental Review Committee on January 28, 1982. The committee concluded that there would be no significant environmental effects and recommended adoption of the Negative Declaration. B. RECOMMENDATION 1. Find that this project will have no significant environmental impact and adopt the Negative Declaration issued on IS-82-20 together with mitigation measures which shall also be incorporated into the conditions of approval of the tentative map. 2. Based on the findings contained in Section "D" of this report, adopt a motion recommending that the City Council approve the tentative subdivision map for Rio Otay Industrial Park, Chula Vista Tract 82-11, subject to the following conditions: a. The developer shall grant to the City a 7.5 foot street tree easement along Otay Valley Road within the subdivision. b. The developer shall dedicate to the City, right-of-way for Otay Valley Road within the subdivision. Said dedication shall be adequate to provide 50 feet of right-of-way north of the centerline as shown on Chula Vista Drawing No. 75-11OD. The developer shall be responsible for full street improvements ~ within the subdivision. Said improvements shall include but not be limited to: 41 feet of A.C. pavement; curb, gutter and sidewalk; street lights and drainage facilities. c. The developer shall acquire and dedicate to the City the following offsite right-of-way for roadway transitions prior to approval of the Final Map. l) At the western end of the subdivision from said boundary west: an area as determined by the City Engineer adequate to provide a 20:1 roadway transition (north side Otay Valley Road). City Planning Commission Page 10 Agenda Items for Meeting of March 17, 1982 2) At the eastern end of the subdivision from said boundary east: an area adequate to provide a safe transition from the onsite improvements to the existing improvements. Final design shall be approved by the City Engineer. d. The developer shall be responsible for roadway transition improvements. Said improvements shall include but not be limited to: A.C. pavement, A.C. dike and appropriate drainage facilities. e. The sewer system shown on the Tentative Map is not in accordance with City standards. Design of this system shall be subject to approval by the City Engineer. f. The owner shall provide acceptable sampling manholes as determined to be necessary by the City Engineer at each lateral connection to the city's sewer. g. The developer shall enter into an agreement with the City stipulating that they or their successors in interest will not oppose the formation of any assessment districts formed for the primary or incidental purpose of l) providing adequate sewer capacity to the area, and 2) for the improvement and widening of Otay Valley Road. h. The developer shall submit plans to the City Engineer for a dissipater system to handle drainage outflow into the Otay River bed. Offsite drainage easements may be required. Provisions of this condition shall be accomplished prior to approval of the Final Subdivision Map. i. The developer shall comply with all mitigation measures listed in the environmental review document for this project prior to approval of the final subdivision map. j. The tentative subdivision map shall be revised to show the location of the buried waste and indicate the top elevation of the clay cap. k. The developer shall provide a minimum waterflow as determined by the Fire Marshall to provide adequate fire protection. More definitive information on the proposed uses may require additional flow or protection as part of the building or zoning permit process. 1. The developer shall relinquish access rights to Otay Valley Road except that Lot 18 may retain its present access. City Planning Commission Page ll Agenda Items for Meeting of March 17, 1982 m. The access easement serving Lot 5 shall be a minimum of 30 feet in width and shall be so designed as to allow for vehicles to negotiate all turns. n. Lot 6 shall be so graded or the easterly lot line adjusted to provide direct access onto the street. Said access shall not be less than 30 feet wide. o. The knoll proposed at the northeast corner of Lot 14 shall be removed. p. All property lines shall be located at the top of slope except for the slope between Lots 4 and 5. q. The westerly street shall be named Delniso Court and the easterly street named Omar Court. r. Prior to the development of Lot 5 evidence shall be provided to the City of Chula Vista that the use and proposed development has been cleared by the State of California. * s. The applicant shall be required to either: l) Submit information which shows that the buried wastes are not hazardous and will not create an adverse impact on future occupants of the project site; 2) a) Provide notification to the occupants of the hazardous wastes existence; b) Delineate buried waste locations; c) Provide information regarding the nature or character of the waste and associated hazards; and d) Provide the city with the names of an emergency contact person. t. The project site owner, his successors, and/or assigns shall adhere to the specifications related to ongoing monitoring of the waste disposal site, as specified in order No. 80-06 of the California Regional Water Quality Control Board, San Diego Region (see attachment). u. Minimum fireflow standards shall be met prior to any construction on the project site to insure adequate fire protection. * See attached letter from the Department of Health Services for possible modification of conditions. City Planning Commission Page 12 Agenda Items for Meeting of March 17, 1982 v. Adequate sewer facilities shall be assured through the following measures: l) The proponent may be required to build a relief sewer line in which future developers would pay their proportionate share as and when new developments occur (reimbursement district). 2) The proponent may be required to develop alternate methods to mitigate sewer capacity problems, such as onsite holding tanks. 3) The proponents may be required to stipulate that they would not oppose the formation of any assessment district formed for the purpose of providing adequate sewer capacity to the subject tributary area. C. DISCUSSION 1. Adjacent Zoning and Land Use. North P-C Single Family Detached Dwellings (Robinhood Point) South A-8 & Co. A-728 Animal Shelter and Agriculture East I-P Vacant (Approved Otay Valley Industrial Park Subdivision) West I-L & I-L-P Vacant 2. Existing Site Characteristics. The subject property is presently the site of the Omar Rendering Plant and consists of three parcels of land located on the north side of Otay Valley Road approximately 580 feet east of Brandywine Avenue. The majority of the site has recently been graded as part of a program to cover waste material placed in the ground over a period of years by the rendering plant. Existing structures include the rendering plant and three single family dwellings. The property ranges in elevation from 130 feet at Otay Valley Road to 250 feet at the northerly boundary line. 3. Tentative Map. a. The developer intends to subdivide the property into 22 industrial lots ranging from approximately 42,500 sq. feet to 195,000 sq. feet in area. The usable area of the lots range from approximately 34,000 sq. feet to llS,000 sq. feet (the minimum lot size in the I zone is 20,000 sq. feet). The lots will be served by two new cul-de-sac streets which meet the established industrial street standard width of 68 feet. The westerly street City Planning Commission Page 13 Agenda Items for Meeting of March 17, 1982 will serve 17 lots whereas the easterly street will serve the remaining 5 lots which includes the lot upon which the Omar Rendering Plant is located. Other street improvements include the widening and improvement of the north side of Otay Valley Road. b. Hazardous waste material has been buried in the area of Lot 5. The material has been capped with a clay covering and dirt and controls have been placed on the use of Lot 5 by the State Department of Health Services. Prior to the development of Lot 5 the developer will be required to submit evidence that the State has cleared the proposed project. Because grading on Lot 5 is not permitted, access to the lot will be provided across Lot 6 even though Lot 5 fronts on a proposed street. 4. Future Development. As indicated earlier the property is zoned I-P thus requiring a precise plan for the development of each parcel. At the present time the developer has not proposed development of any of the lots. The underlying industrial zone would allow lots l, 17 and 22 to develop with 15 foot setbacks adjacent to Otay Valley Road. However, the Planning Department is currently studying the entire Otay Valley Road Area east of 1-805 and will probably be recommending the establishment of more stringent setbacks and sign controls in the very near future. D. FINDINGS Pursuant to Sections 66473.5 of the Subdivision Map Act, the tentative subdivision map for Rio Otay Industrial Park, Chula Vista Tract 82-11, is found to be in conformance with the various elements of the City's General Plan based on the following: 1. The site is physically suitable for industrial development and the proposal conforms to all standards established by the City for such projects. 2. The design of the subdivision will not affect the existing improvements -- streets, sewer, etc. -- which have been designed or conditioned to avoid significant problems. 3. The project is in substantial conformance with the Chula Vista General Plan elements as follows: a. Land Use - The property is designed for "General Industrial" development. The proposed development consists of 22 industrial lots. City Planning Commission Page 14 Agenda Items for Meeting of March 17, 1982 b. Circulation - The proposed development will be served by public streets constructed to industrial standards. The adjoining properties to the east and west as well as the north will be served by other streets. Therefore, the streets in this development need not be extended to serve adjacent properties. The existing street, Otay Valley Road, will be widened to accommodate the anticipated increase in traffic. c. Housing - The site is not designated for residential use. d. Conservation - The subject property has been previously graded. All slopes will be required to be planted. In addition, future developments will be required to provide landscaping. e. Parks and Recreation - The site is designated for industrial use. f. Seismic Safety - The closest known fault parallels the west side of Brandywine Avenue which is immediately west of the subject property. However, the fault does not traverse the subject property. g. Safety - The project is well within the response time of the fire station located on East Oneida Street. In addition, the developer will be required to provide adequate fire flow protection upon the development of' each lot. h. Noise - All development will be subject to compliance with the performance standards set forth in the Municipal Code. i. Scenic Highways - The development of each lot will be subject to precise plan approval which will address the scenic highway element with respect to landscaping, walls and architecture. j. Bicycle Routes - The right-of-way width for Otay Valley Road will accommodate a bike lane on each side of the street. k. Public Buildings - No public buildings are designated on the site. ML:nr WPC 0045P STATE OF CALIFORNIA--HEALTH AND WELF,, ,. AGL ~¢ EDMUND G. BROWN JR., Governor DEPARTMENT OF HEALTH SERVICES [~ ~: C E I V E D 714/744 P STREET /,~ljJ~ SACRAMENTO, CA 95814 'IY (916) 324-1793 Hatch 9, 1982 Mr. Douglas Reid Environmental Review Coordinator City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 92010 Dear Mr. Reid: TENTATIVE SUBDIVISION MAP AND CONDITIONAL NEGATIVE DECLARATION FOR THE RIO OTAY INDUSTRIAL PARK This letter will confirm a telephone conversation on March 1, 1982 with George Rose, of my staff, regarding the above subject. This office has reviewed the information that you submitted regarding the site of the proposed industrial park. This property is the site of the former Omar Rendering hazardous waste facility. This Department has serious concerns regarding a potential hazard to present or future public health or safety, on or around this property. We have re- quested additional information from the San Diego Regional Water Quality Control Board regarding the site closure plan for the waste facility which ceased operations in 1978. In addition, you indicated that you would refer our request for additional maps and data to the Rio Otay Industrial Park pro- ject engineer. Based on the above stated need for additional information and in recognition of your March 10, 1982 deadline for comments for the March 17th Planning Com- mission meeting, we will not have adequate time in which to offer a final conclusive comment. Should the Planning Commission choose to hear this item at the March 17th hearing, it is recommended that the following conditions be placed on the tentative map: 1. The site of the excavated waste evaporation ponds or lagoons shall be sampled and tested in a manner acceptable to the State Department of Health Services to determine whether the wastes ~re adequately removed. 2. If significant amounts of hazardous wastes are detected outside of the clay lined disposal pit, established under San Diego Regional Water Quality Control Board Order Number 80-06 for site closure, these wastes shall be cleaned up to the satisfaction of the State Department of Health Services. Douglas Reid -2- March 9, 1982 3. The site closure plan as required under San Diego Regional Water Quality Control Board Order Number 80-06 shall be completed and such completion shall be verified by the Regional Board. 4. The actual location of the clay lined disposal pit constructed on site to hold the wastes excavated from the abandoned ponds shall be accurately located on a subdivision map. 5. A statement shall be made on the final map and recorded as part of the deed for those parcels on which hazardous wastes have been disposed in- dicating that such wastes are deposited there and dedicating those par- cels for such disposal in perpetuity, or until cleanup removal has been completed in a manner approved by the Department of Health Services. Please note that Section 25232 of the California Health and Safety Code pro- hibits new use of land which is a hazardous waste property. Appropriate mitigation or cleanup actions acceptable to the Department would allow the new use of the property. If you have any questions regarding this matter, please contact George Rose of my staff. Sincerely, Thomas E. Bailey, Acting Chief Site Cleanup & Emergency Response Section Hazardous Waste Management Branch cc: Health Officer Chief Building Official San Diego County Health Department City of Chula Vista 1700 Pacific Highway, Room 208 P.O. Box 1087 San Diego, CA 92101 Chula Vista, CA 92012 Division of Sanitation Regional Water Quality Control Board San Diego County Health Department San Diego Region 1600 Pacific Highway 6154 Mission Gorge Road, Suite 205 San Diego, CA 92101 San Diego, CA 92120 Attn: Marian Balster Attn: John Chiang John Hinton, P.E. Marsha Croninger Hazardous Waste Management Branch Office of Legal Affairs Los Angeles, CA Sacramento C OmNoD I ', 0 £ D negative aeclaration - PROJECT NAME: Rio 0tay Industrial Park PROJECT LOCATION: 4826 0tay Valley Road PROJECT APPLICANT: Darling Delaware Company, Inc. P. 0. Box 24407 San Francisco, CA 94]24 CASE NO. IS-82-20 DATE: January 28, 1982 A. Project Settin~ The proposed project is located on 40.7 acres of property north of Otay Valley Road and approximately 600 feet east of Brandywine Avenue (see locator map). The project area consists of three parcels of land, two of which have been graded recently (IS-81-20). Located on the project site at present is a rendering plant. The plant, which is located on the front portion of the project site, renders lard, fat and other animal byproducts. Chemical waste products from processing have been deposited in ponds located on the northerly one-half of the project site since 1959. This disposal site was discon- tinued in July, 1978, and all liquids remaining in the disposal ponds were removed, leaving accumulated settled residues. The ponds were then covered with topsoil. The various chemical wastes included chromic acid, nitric acid, alkaline solutions, and carbide line wastes. A trace of the La Nacion fault zone is located approximately 500 feet to the west, parallel to Brandywine Avenue. Current evidence indicates that no movement has occurred within the last lO,O00 to 20,000 years (EIR-80-7, Brandywine Industrial Park). Recent grading operations on the project site consisted of_the excavation and fill of approximately 20,000~ cubic yards of earth for the purpose of burying existing contaminated soils. The excavation and fill areas amounted to approximately 20 acres of land and resulted in a fill depth of 40 feet. A clay lined pit was constructed in the northwest quadrant of the site for the placement of contaminated material. This was followed by a clay cap and 8 to 10 feet of fill. B. Project Description The proposed project consists of the grading of 25,000 cubic yards of earth with the maximum depth of cut and fill to range between 5 and 10 feet. The grading will be a further modification of previous grading in order to create 22 industrial lots served by two dedicated streets. No development plans are proposed at this time and one lot contains the existing rendering plant. C. Qompatibility with Zoning and Plans The proposed grading operations and subdivision of land is compatible with the city of chula vista plannng department (~lll~'~f'~ environmental review section IS-82-20 2 present zone (I-P) and the General Plan designation of General Industrial. D. Identification of Environmental Effects 1. Soils Topsoils will be redistributed by the proposed grading operations, a soils report should be prepared prior to development of each parcel to insure stable foundation design in an area characterized by expansive soils. The excavation and fill of the project site will create slope areas which could be subject to erosion if not landscaped adequately. An erosion control plan should be submitted for the prevention of soil erosion. 2. Geology A relatively steep, dipping north-south trending fault was observed in the northwest corner of the property prior to recent grading activities, although the feature was considered to be relatively minor (Geocon, Inc., 1981). A major branch of the La Nacion fault zone is located 550 feet west of the site and is considered to be potentially active. Seismic risk relating to this fault is not considered to be great on the project site. 3. Hazardous waste Hazardous ~mstes have been buried within the project site during previous grading operations (IS-80-20). The risk of potential human exposure to these wastes will exist with the development of the project site and resulting employment opportun- ities. The developer will be required to take informative measures prior to the proposed grading and development of the site in order to prevent human exposure to the existing subterranean waste material. Ongoing monitoring will continue to assure that no leakage occurs (Cal.Reg.Water Qual. Control Bd. Order No. 80-06). 4. Fire protection Water pressure along Otay Valley Road, east of Brandywine Avenue, is relatively low. In order to provide adequate fire protection for the project site, water pressure must meet the minimum fireflow standards (verify with the City of Chula Vista Fire Department) prior to development. 5. Sewers The existing sewer trunk in Otay Valley Road is near capacity. It will become increasingly difficult for the City to serve new developments within the tribu- tary area of the subject trunk sewer. Adequate sewer facilities will be required prior to the development of any proposed lots. E. Mitigation measures necessary to avoid significant impacts 1. The applicant shall be required to either: a. Submit information which shows that the buried wastes are not hazardous and will not create an adverse impact on future occupants of the project site; or IS-82-20 ' 3 b. Submit a plan providing that the site owner, his successors, and/or assigns shall enforce provisions for: l) Notification to occupants of the hazardous wastes existence, 2) Delineation of waste buried locations, and 3) Information regarding the nature or character of the waste, the associated hazards and an emergency contact person. 2. The project site owner, his successors, and/or assigns shall adhere to the specifications related to ongoing monitoring of the waste disposal site, as specified in order No. 80-06 of the California Regional Water Quality Control Board, San Diego Region (see attachment). 3. Minimum fireflow standards shall be met prior to any construction on the project site to insure adequate fire protection. 4. Adequate sewer facilities will be assured through the following measures: a. The proponent may be required to build a relief sewer line in which future developers would pay their proportionate share as and when new developments occur. (reimbursement district) b. The proponent may be required to develop alternate methods to mitigate sewer capacity problems, such as onsite holding tanks. c. The proponents may be required to stipulate that they would not oppose the formation of any assessment district formed for the purpose of provid- ing adequate sewer capacity to the subject tributary area. F. Findin§ of insignificant impact 1. The project site is void of significant Wildlife or vegetation and the existing earthquake fault trace located approximately 500 feet to the west should not create any adverse environmental effects. 2. The proposed grading and subdivision of the site is in conformance with the General Plan, and with implementation of the proposed mitigation, the project is not anticipated to achieve short term to the disadvantage of long term environ- mental goals. 3. Potential impacts relating to soil erosion and adverse soil conditions can be mitigated and there are no impacts anticipated to occur which would interact to create a substantial cumulative effect on the environment. 4. The project will not create any significant source of noise, other than initial grading operations, and through long term monitoring no migration of existing hazardous materials will occur that could adversely affect human beings. IS-82-20 4 G. Consultation 1. City of Chula Vista Steve Griffin, Associate Planner Duane Bazzel, Assistant Planner Bill Harshman, Senior Engineer ~ Dyke, Building Inspector Monsell, Fire Marshal State of California Department of Health Services Ned Ferian Earl Margitan Applicant's Agent Richard W. Orvik, R.C.E. 17633 2. Documents IS-81-20, Omar Disposal Site Closing EIR-~O-7, Brandywine Industrial Park California Regional Water Quality Control Board, San Diego Region, Order No. 80-06 Transmittal of boring logs (Geocon, August, 1981) Ttu' lniti ~l .~itu<l',' .',:,:~lic: ~ i~m m,[ ,'vn[uat£on forms documenting the findin,::; ~l no ';l,:n~ ~ :~:~n~ ~n~,~ct .~rl~ on file and available for E~[RO~;,t.{P¢I'i'AL [?EVTIiU CG(3RD[:JATOR ~ city el c.~ula vista planning deparlmen{ ~ env,o.menfal review section Counl'.y Family City Planning Commission Agenda Items for Meeting of March 17, 1982 Page 15 4. Review of conditional use permit PCC-81-18 for a used car lot at 696 Broadway - Vargas and Barrera A. BACKGROUND 1. On July 22, 1981, the Planning Commission conditionally approved a conditional use permit application for the establishment of a used car lot at 696 Broadway (northwest corner of Broadway and "J" Street) in the C-T zone. All of the conditions of approval, including remodelin9, signs, and street improvements, were to be completed by January 2, 1982 (see attached letter). To insure that such improvements were completed, a $7500 cash bond was deposited with the City on October 5, 1981. 2. Since that time, the applicant has either completed or started to comply with each of the conditions of approval. A building permit to do the remodeling has been through the plan check process and is ready for the applicant to pick up, but the applicant has not yet done so. In addition, a construction permit to accomplish the required street improvements has not been applied for. 3. After the scheduled completion date of the project of January 2, 1982, the Planning Department contacted the applicant by telephone on two separate occasions (January 6 and January 14, 1982) to determine why the project had not been completed. Assurances were given by the applicant that the project would be completed. On January 21, the Department sent a letter to the applicant (see attached letter of that date) stating that if the project were not completed within 30 days, the matter would be referred to the Planning Commission for reconsideration. The project has not been completed so the matter has been referred to the Planning Commission. B. RECOMMENDATION 1. If, after hearing the testimony, the Planning Commission determines that the applicant intends to proceed with the project, a motion should be adopted requiring immediate compliance with the sign requirements and giving the applicant 60 days to complete the remaining construction. Failure to comply in the 60 day period will cause the Planning Director to call on the bond for completion of the work. 2. If the applicant is unwilling to complete the work as required, the Planning Commission should adopt a motion to revoke the conditional use permit and require the applicant to vacate the premises by April 17, 1982. All signs shall be either removed or painted over to match the building exterior. The cash bond shall be refunded upon satisfactory completion of the work as deter- mined by the Director of Planning. C. DISCUSSION 1. Development plans. The subject property is a former service station site which was already being used as a used car lot by the applicant at the time the application for a conditional use permit was filed. The development plan submitted by the applicant included the following: City Planning Commission Agenda Items for Meeting of March 17, 1982 Page 16 a. Exterior remodeling of the existing structure and pump island canopy (The Design Review Committee had required the removal of the canopy, however, the Planning Co~nission approved the applicant's appeal to retain the canopy); b. Removal of the gasoline tanks and gas pumps; c. Removal of the two drive~ays on Broadway; and d. landscaping along both street frontages. 2. Conditions of approval. a. Because the used car lot was already in operation, certain time limits were placed on some of the conditions to insure compliance within reasonable time periods. b. The following represents the conditions of approval, followed by a statement as to whether or not the conditions have been met. 1) The gasoline tanks shall be removed within 30 days from the date of approval. The gasoline tanks have been removed. 2) The gas pumps shall be removed within 30 days from the date of approval. The gas pumps and pump islands have been removed, however, the areas which were excavated to accomplish the removal of the islands have not been repaved. 3) A landscaping and irrigation plan shall be submitted to the City Landscape Architect for approval and said landscaping and irrigation shall be installed not later than 60 days from the date of approval. The plans have been submitted and approved by the City but the landscaping has not been installed. 4) All illegal painted signs shall be painted out within 30 days. All illegal "A" frame signs, such as "enter" and the sign for Interstate Transmissions shall be removed immediately. Most of the signs have been removed and an interior illuminated sign placed on the building. A portion of a painted sign still remains on the building; the "A" frame signs are still on the premises. City Planning Con ~i Agenda Items for ~:~ti~,~ of March 17, 1982 Page 17 5) A complete sign program shall be submitted to the Planning Department for approval no later than 30 days from the date of this approval. The sign program was submitted and approved as part of the building permit process, however, compliance with the approved program has not been attained. 6) A construction permit for the removal of the driveways along Broadway shall be requested, issued, and all work accomplished within 90 days from the date of this approval. A construction permit has not been applied for. 7) The applicant shall apply for a building permit for the exterior remodeling of the existing structures within 30 days from the date of approval. The design and exterior colors shall be subject to the approval of the Design Review Committee. The project has been reviewed and approved by the Design Review Committee. The plans for remodeling were submitted within the specified time period and have been through the plan check process. The permits are ready to be issued once the fee is paid and it is determined which contractor will do the work. The applicant has not paid the fee as of this writing. 8) The open areas shown on the approved plot plan shall be kept free of used cars to provide interim customer parking and circulation. It appears that this condition is being complied with. D. CONCLUSION 1. The City has a cash bond on file which could be used to complete the required work, however, the applicant has not responded to staff's letters of non-compliance. Therefore, it would be more appropriate for the Planning Commission to order the improvements completed or revoke the use permit after the scheduled hearing. 2. I am reluctant to recommend that the conditional use permit be revoked; however, in light of the circumstances I feel compelled to do so. Repeated efforts to have the applicant comply with the stated conditiOns~of approval within the specified time periods have been unsuccessful. If the applicant is willing to offer reasonable assurance that the work will be completed in short order, I am amendable to granting the applicant additional time. In the absence of such assurance, I feel it is appropriate to revoke the permit and have the applicant vacate the premises. CALIFORNIA September 18, 1981 Enrique A. Vargas and Luz Maria Barrera 1580 Third Avenue Chula Vista, CA 92011 Your appeal of the decision of the Design Review Committee to require removal of the pump island canopy in connection with the conversion of the former service station site at 696 Broadway to a used car sales lot was considered by the City Planning Commission on September 16th. The Commission voted unanimously to grant your appeal and permit retention of the canopy, subject to remodeling the canopy and building as shown on the plans submitted to the Design Review Committee on August 20, 1981. The Commission stressed the importance of adhering to the designs and colors as shown on the plans. Please submit actual color swatches of the materials to be used to the Planning Department for approval. I am enclosing a copy of Planning Commission Resolution PCC-81-18 for your guidance in proceeding with the conversion of the site. Due to the time required for review by the Design Review Committee and your appeal of the condition applied by that Committee, the time limitation for fullfillment of conditions in resolution PCC-81-18 shall commence on this date. Please adhere to the following schedule: 1. By October 20, 1981: (a) Gasoline tanks and pumps must be removed. (b) Paint out all illegal signs and submit a new sign program to the Planning Department. 2. By November 20, 1981: Submit landscape and irrigation plan to the City Landscape Architect. 3. By January 2, 1982: Complete all required construction, including the removal and replacement of driveways and curbing along Broadway. Very truly yours, Kenneth G. Lee Principal Planner KGL:hm cc: Building And Housing Department Engineerin~7~e~t~¢.uc,,Chul~ Vista, CA 92010 (714) 575-5101 The City, 'of Chub Vista Plannin8 D~rtm~t 575-5~o~ January 21, 1982 Enrique A. Vargas and Luz Maria Barrera 1580 Third Avenue Chula Vista, CA 92011 Subject: Conditional Use Permit PCC-81-18 Please be advised that the conditions of approval stated in' the Planning Commission Resolution allowing the operation of a used car lot at 696 Broadway have not been met and the time allowed to complete construction of improvements has expired (January 2, 1982}. Therefore you have 30 days from the date of this letter to complete all required construction and conditions of approval before this matter is referred to the Planning Commission for consideration to revoke conditional use permit PCC-81-18. I am enclosing a copy of the PCC-81-18 Planning Commission Resolution and a copy of a letter sent to you on September 18, 1981 indicating the revised time schedule to complete the construction and other conditions. If you have any questions, please contact the Planning Department, 575-5101. Very trulyyours, Principal Planner KGL: LH :je Enclosures ~ 276 Fou~i}, Av~muc Chub ~t~, C,:difor~ 9201o · U~ED SF FURN. AUTO SF ' SF SI= · J '$TRE I SA~S I ~ ' , ~ I I ~ ~ / I I TIRE AuTO DEALER STORE