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HomeMy WebLinkAboutPlanning Comm Reports/1983/02/23 A G E N D A City Planning Commission Chula Vista, California Wednesday, February 23, 1983 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER ORAL COMMUNICATIONS 1. PUBLIC HEARING: PCA-83-3, ZTA for accessory retail uses in conjunction with distribution centers in the Industrial zones 2. Consideration of appeal of Design Review Committee's denial for an industrial and commercial warehouse at 1008 Industrial Boulevard - Toys-R-Us 3. Consideration of revocation of PCC-83-8, Video arcade at 678 'E' Street - Kamiar Simantob DIRECTOR'S REPORT COMMISSION COMMENTS City Plannin~'~ommission From: Bud Gray, Director of Planning Subject: Staff report on agenda items for Planning Commission Meeting of February 23, 1983 1. PUBLIC HEARING: Proposed Amendments to Sections 19.44.040 M and 19.46.040 G of the Chula Vista Municipal Code. Purpose: Authorization of retail uses which are related to, and supportive of existing on-site retail distribution centers or manufacturers' outlets in the I, General Industrial~ and I-L, Limited Industrial~ Zones, throuQh the conditional use permit process. A. BACKGROUND Under the proposed amendments to the text of the zoning regulations of the Chula Vista Municipal Code, retail stores and shops would be permitted within the I and I-L Zones, provided: (1) that such uses were related to, and supportive of exist- ing, on-site retail distribution centers or manufacturers' outlets, (2) that a conditional use permit was obtained in each case. The rationale for these amend- ments is discussed in the "Analysis" section of this report. B. RECOMMENDATION: That the City Planning Commission: 1. Adopt the Negative Declaration on IS-83-16. 2. Recommend that the City Council enact the proposed zoning text amendments into ordinance. (The proposed zoning text amendments are contained in Exhibit A, attached hereto.) C. ANALYSIS 1. In 1980, the I and I-L zoning regulations were amended by the inclusion of provisions which authorized the establishment of retail distribution centers and manufacturers' outlets by conditional use permit. The proposed amendment would extend this authorization to retail uses which are related to, and supportive of those uses which were permitted and established under the 1980 amendments. 2. The proposed amendments would expand the number of commercial activities allowed in the industrial zones by the CUP process. This change would foster and promote viable industrial-commercial complexes, and would encourage the establish- ment of innovative land-use arrangements within older industrial districts. The proposed amendments would create an opportunity for land-use flexibility, while retaining the built-in protection of the conditional use permit process. 3. California is undergoing changes in its urban land-use patterns, and one of these changes is brought about by the increasing popularity of commercial- industrial complexes. These complexes, which are to be found in every major industrial center of the State, tend to stimulate economic development and employ- ment, and therefore are generally beneficial. The proposed amendments would be consistent with the commercial-industrial development trend discussed in the above paragraph. City Planning Commission Age~da Items for Meeting of February 23, 1983 Page 2 4. The amendments would broaden the scope of commercial activity within Chula Vista!s I and I-L Zones, but would still limit such activity to retail distribution centers, manufacturers' outlets, and related stores. They would not, for example, authorize the establishment of commercial or professional office centers. 5. The Environmental Review Coordinator has reviewed the Initial Study, IS-83-16, on the subject project; found that the said project would not significantly impact the environment; and, issued a Negative Declaration. EXHIBIT A Proposed Amendments to the Chula Vista Municipal Code Title 19 ZONING Chapter 19.44 I-L--LIMITED INDUSTRIAL ZONE 19.44.040 Conditional uses. M. Retail distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse- type sale of goods~; and, retail uses which are related to, and supportive of existin§, on-site retail distribution centers or manufacturers' outlets. Conditional use permit applications 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 planning commission. Chapter 19.46 I--GENERAL INDUSTRIAL ZONE 19.46.040 Conditional uses. G. Retail distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume,warehouse- type sale of goods~; and, retail uses which are related to, and supportive of existing~ on-site retail distribution centers or manufacturers' outlets. Conditional use permit applications 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 planning commission. /// Proposed deletions Proposed addenda negative declaration PROJECT NAME: Zoning Text Amendment Allowing Supportive Retail Uses in the I and I-L Zone PROJECT LOCATION: Not Site Specific PROJECT APPLICANT: City of Chula Vista 276 Fourth Ave. Chula Vista, CA 92010 CASE NO. IS-83-16 DATE: February 3, 1983 A. BACKGROUND The City of Chula Vista is proposing the following zoning text amendment in order to e~pand the number of commercial activities allowed in the industrial zones by the CUP process. A similar amendment allowing bulk retail sales in the industrial zones was approved by the Chula Vista City Council in 1981. B. PROJECT DESCRIPTION Amend the Chula Vista Municipal Code (Section 19.44.040 and 19.46.040) to read as follows: Chapter 19.44 I-L--LIMITED INDUSTRIAL ZONE 19.44.040 Conditional uses. M. Retail distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the.high-volume, warehouse-type sale of goods~ and, retail uses which are related to, and supportive of existing, on-site retail distribution centers or manufacturers' outlets. Conditional use permit applications for t~e 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 planning commission. Chapter 19.46 I--GENERAL INDUSTRIAL ZONE 19.46.040 Conditional uses. G. Retail distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goodsy~ and, retail uses which are related to, and supportive of city of chula vista planning department environmental review section existing, on-site retail distribution centers or manufacturers' outlets. Conditional use permit applications for the ~hment 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 planning commission. C. COMPATIBILITY WITH ZONING AND PLANS The proposed project is compatible with the zoning ordinance and is consistent with the goals and objectives of the General Plan. D. FINDINGS OF INSIGNIFICANT IMPACT 1. The project involves a zoning text amendment and is not site specific, therefore, no natural or manmade resources will be affected. Each proposed project considered under these prDvisions will be subject to additional environmental review. 2. The proposed amendment is not at variance with the goals and objectives of the General Plan and short term goals will not be achieved to the disadvantage of long term environmental goals. 3. There are no impacts anticipated to occur which could interact to create a substantial cumulative impact on the environment. 4. The zoning text amendment will not adversely affect ambient noise levels nor will it affect air quality. No hazards to human beings will result. E. CONSULTATION 1. City of Chula Vista - Dan Pass, Principal Planner Duane Bazzel, Assistant Planner Roger Daoust, Senior Engineer Don Dackins, Associate Engineer 2. Documents IS-81-17, ZTA allowing retail in I or I-L City of Chula Vista Zoning Ordinance The Initial Study Application and evaluation forms documenting the findings of no significant impact are on file and available for public hearing at the Chula Vista Planning Dept., 276 4th Avenue Chula Vista, CA 92010 ' ' city of chula vista planning department environmental review section EN 6 City Planning Commission Agenda Item for Meeting of February 23, 1983 Page 3 2. Consideration of appeal of denial by Design Review Committee of P-83-6, Precise Plan for Toys "R" Us at 1008 Industrial Boulevard A. BACKGROUND 1. On January 20, 1983, the Design Review Committee disapproved Toys "R" US application to remodel an existing warehouse building located on Industrial Boulevard, adjacent to Interstate 5. 2. An Initial Study, IS-83-5, involving possible adverse environmental impacts of the project was conducted by the Environmental Review Committee on October 7, 1982. The Committee concluded that there would be no significant environ- mental effect and recommended that a mitigated negative declaration be adopted. B. RECOMMENDATION 1. Find that this project will have no significant environmental impacts and adopt the mitigated negative declaration issued on IS-83-5. 2. Adopt a motion to deny the appeal and request that the applicant resubmit alternative design solutions for Design Review Committee consideration. The denial is based on the fact that the developmental guidelines governing this interchange require a coordinated architectural theme for any building. Contrary to that requirement, the applicant's plan employs the use of dissimilar building heights, materials, textures, graphics and colors at one corner of an existing building, creating an uncoordinated architectural theme. C. ANALYSIS 1. Project Settin~ The project site consists of a 6-acre lot presently containing a 71,288- square foot warehouse structure and two single-family dwellings located at the southwest corner of the northbound I-5 Freeway off-ramp and Industrial Boulevard. The northern half of the lot is being farmed for truck crops. 2. Project Description The proposed project consists of the interior alteration of the existing 71,288-square foot industrial building to create lease space by consolidating the existing electronic warehouse operation down to 16,904 square feet (for wholesale/ retail sales) and creating 42,540 square feet of new lease space for a volume retail sales toy store as well as creating lease space for various small retail shops {11,844 square feet) at the north end of the building. In addition, two pads (for 7,000-square foot and 7,500-square foot buildings) are to be reserved for retail/office use fronting on Industrial Boulevard. Lifetime estate lease arrange- ments make it necessary for the single-family dwellings presently located on the lot to remain for an indefinite period of time. City Planning Commission Agenda Item for Meeting of February 23, 1983 Page 4 3. Precise Plan Guidelines The I-P zoning of the site has specific development guidelines established relating to the importance of this site as a gateway entry to Chula Vista. Those guidelines are as follows: (a) Architectural theme of future buildings shall be coordinated. (b) Landscaping of the site and adjacent public right-of-way shall reflect the location of these properties as a gateway entrance to the City. (c) Freestanding signs shall be limited to ground monument signs oriented toward Industrial Boulevard. A coordinated sign program shall be drawn up for the various parcels. No freeway oriented freeway signs shall be allowed. A planned sign program may be undertaken pursuant to Section 19.60.490 of the Chula Vista Municipal Code. 4. Site Plan The proposed project would require a total of 359 parking spaces. The applicant proposes to install a total of 395 spaces with the initial building remodel and another 128 spaces in the future when the existing houses are removed. Land~ scaping and fencing will be installed per City standards. 4. Elevations The applicant proposes to remodel the exterior design of the existing industrial building to create a store front entrance for Toys "R" Us and miscellaneous shops to be located on the north end of the building. The remodel consists of: (a) Creating a modified mansard design simulating "humps" of painted aluminum shake shingles, (b) large 4-foot high letters, 34 feet to 42 feet long, identifying the store on the north and west elevations, (c) a lO-foot high giraffe, (d) a 4-foot x 16-foot sign under the mansard (identifying the store as "The Children's Bargain Town," and (e) 42-foot and 63-foot long 12-foot high, multicolored (7) vertical wood battens. The exterior design of the remaining small tenant lease areas involves the installation of glass doors and large window areas in addition to individual tenant identification signs. The applicant has presented two options for the tenant remodel; one with a mansard design and one without. City Planning Commission Agenda Item for Meeting of February 23, 1983 Page 5 6. Freestanding Signs At present, there is an existing billboard located in the extreme south- west corner of the site which the applicant has no control over and, therefore, will remain. The applicant originally proposed a 35-foot high, 92-square foot sign along Industrial Boulevard. However, after consulting with the Design Review Committee and the Planning Department, it was agreed that a new sign program would be submitted using a monument design. D. CONCLUSION Toys "R" Us have asked the City to approve the remodeling of a very simple, clean, attractive industrial building and to accept a standard building design for a portion of the structure emphasizing their national corporate chain operation. The City and the applicant are faced with the challenge of accommodating this national chain store while addressing reasonable design standards at a key entry point to the City. The variety of colors, materials, graphics, and architectural style used by Toys "R" Us borders on architecture commonly identified as "kitsch," meaning a misapplication of design princples, or poor art form. Corporate images are many times created with one purpose in mind, to sell products. While sales are important, communities and corporations alike must be willing to work together to balance community design needs with corporate images. The applicant offered to add a mansard design to the adjacent tenant shops and remove the giraffe as compromising design solutions. Neither of these solutions were satisfactory to the Design Review Committee or the Planning Department. The applicant was asked to consider additional architectural solutions involving building and/or color modifications to solidify the total building design, while maintaining the Toys "R" Us identification. The applicant chose to pursue the original submitted design to the Planning Committee rather than exploring new design solutions. The Planning Department is convinced that the use proposed is properly located to benefit both the applicant and the City. However, appropriate design solutions need to be presented to resolve the design related issues. negative Jeclaration PROJECT NAME: TOYS 'R US Commercial Center PROJECT LOCATION: ]008 Industrial Boulevard PROJECT APPLICANT: TOYS 'R US, Inc. 395 West Passaic Street Rochelle Park, N.J. 07662 CASE NO. IS-83-5 DATE: October 7, 1982 A. Project Setting The proposed project site consists of a 6 acre lot presently containing a 71,288 sq. ft. warehouse structure and two single family dwellings located at the southwest corner of the northbound I-5 freeway "L" Street offramp and Industrial Boulevard. The northern half of the lot is presently being farmed for truck crops. There are no biological, archaeological, or historical resources present on the project site, and there are no geological hazards on or near the site. Three mature California pepper trees are located within the Industrial Boulevard right-of-way. B. Project Description The project consists of the interior alteration of an existing 71,288 sq. ft. industrial building to create lease space for the consolidation of the existing electronics warehouse operation from the entire building down to 16,904 sq. ft. for wholesale/retail sales, lease space for a volume retail sales toy store (42,540 sq. ft.), and lease space for various small retail shops (11,844 sq. ft.). In addition, two pads (for 7,000 sq. ft. and 7,500 sq. ft. buildings) are to be reserved for retail/office uses fronting on Industrial Boulevard. Lifetime estate lease arrangements make it necessary for the single family dwellings presently located on the lot to remain for an indefinite period of time. C. Compatibility with zoning and plans The proposal will require various discretionary approvals. The zoning ordin- ance requires that a conditional use permit be granted to operate the volume toy sales. A General Plan amendment from Research and Limited Industrial to Retail Commercial, and a rezoning to a retail con~nercial zone will be required to develop and operate the remaining proposed land uses. D. Identification of environmental effects 1. Transportation/access. The proposed project will generate a total of 4,941 additional vehicle trips on Industrial Boulevard,'which will lower the service level from {los) B to {los) C. This is not considered a significant impact. city of chula vista planning department f~l~l~.~j~q~ environmental review section IS-83-5 Page 2 The existing driveway at the center of the lot, along Industrial Boulevard, is located slightly off-center from the existi~o alianment O.f Mns$ S~reet to. the east. The City Engineer will require that upon removal of ~ne existing resloen- tial dwellings on the site the alignment of this driveway be moved to the center line of Moss Street. In addition, full street improvements will be required along the west side of Industrial Boulevard for the length of the proposed project. 2. Aesthetics. There are three mature California pepper trees located along the Industrial Boulevard frontage which could be subject to removal due to the installation of required street improvements. The applicant and the City shall make every effort to avoid removing these trees when installing street improvements. E. Mitigation necessar~ to avoid significant impact 1. The alignment of the existing center driveway along Industrial Boulevard shall be shifted to the north to align with the centerline of Moss Street to the east upon removal of the existing single family dwellings. 2. Avoid removing the three mature pepper trees located within the Industrial Boulevard right-of-way, if feasible, when installing street improvements. F. Findings of insignificant effects 1. There are no significant natural or manmade resources within the project area which could be adversely affected by the project implementation. 2. A portion of the proposed project will require a General Plan amendment and rezoning in order to develop. Implementation of the proposed mitigation measures will assure that the project will not achieve short term to the disadvan- tage of long term environmental goals. 3. Potential impacts are not considered significant and none are anticipated to interact and cause any cumulative effect on the environment. 4. The project will not create any source of significant noise or odors, nor will any hazards to humans result from the project implementation. IS-83-5 Page 3 G. Consultation 1. Individuals and organizations. City of Chula Vista: Steve Griffin, Associate Planner Roger Daoust, Senior Engineer Ted Monsell, Fire Marshal Tom Dyke, Building Department Duane Bazzel, Assistant Planner Dick Ryder, Applicant's Project Manager 2. Documents. IS-80-17, RTA Industrial and Office Complex The Initial Stud'/ ,~.~! [c.~tion and ,~valuation forms documenting the findin~;s of no sl~nificant impact are on file and available for public review ,~t th~ Chu[,~ V'~ ].,ta Planninq Dept., 276 4th Avenue, Chula Vista, CA 92010.  CO0~INATOR ~~AL ~VIEW city of chula vista planning department ~ environmental review section 'Fun 4 Ali ~'nusemen! CHULA VISTA Park I~f&l,l~ Lumber COUNTY Yard I I I / Truck Crops ' g MOSS Fruit International Whse Home Park CRESTED City Planning Commission Agenda Items for Meeting of February 23, 1983 Page 6 3. PUBLIC HEARING: Consideration to revoke conditional use permit, PCC-83-8, for a video 9ame center at 678 "E" Street - Kamiar Simantob A. BACKGROUND 1. In October, 1982, the Planning Commission granted a Conditional Use Permit to Mr. Kamiar Simantob for a video game center within the Big Bear Shopping Center at 678 "E" Street. The permit was subject to seven conditions, one of which provided that; "Any reported disturbance or problems regarding this center shall cause the Conditional Use Permit to be reviewed by the Planning Commission for possible revocation." 2. The Planning Department has received complaints from other tenants within the Shopping Center indicating that since the opening of the video game center there have been problems relating to noise, litter, offensive language, and bicycles lying on the pedestrian walk. A letter has also been received from the Principal of Feaster Elementary School (Frances L. Read) located across "E" Street which states that the parents of the school children believe the center has a negative influence on the children (see attached letter). These complaints as well as noncompliance of conditions of approval have prompted the Planning Department to set this matter for Planning Commission consideration. B. RECOMMENDATION Continue the public hearing to March 25, 1983, for the applicant to show cause why the Conditional Use Permit should not be revoked. C. ~ISCUSSION 1. Game Center A business license was issued to the applicant in November, 1982, which made a notation of the conditions of approval of the Conditional Use Permit. Since then, the Planning Department has had contact with the applicant, receiving only partial compliance with the conditions of the Permit and other provisions of the Code. A letter was sent to the applicant on December 22, 1982, requesting compliance of various conditions (see attached letter). City Planning Commission Agenda Items for Meeting of February 23, 1983 Page 7 2. Conditions and Regulations Besides meeting the conditions of approval for the Conditional Use Permit, the applicant must also satisfy the requirements of the Code on sign permits and fire regulations for the particular type of occupancy. The site was visited on several occasions to determine if they had complied. As of this writing, the applicant has not complied with the following: a. Fire regulations - The applicant has not complied with all of the fire regulations and the Fire Marshal has turned the matter over to the City Attorney for disposition. b. Sign regulations - The applicant has not filed for a sign permit. An illegal sign has been placed in an existing sign cabinet. The sign does not extend across the full length of the cabinet leaving a portion of the interior of the cabinet exposed. c. Site plan - The applicant has not filed a site plan denoting the location of the bike racks (for at least ten bicycles). However, the applicant has obtained two bike racks which will accommodate six bicycles. The racks are located at the rear entrance into the center insteadofnear the front entrance as conditioned by the Commission. d. Supervision - The applicant presently has two females (approximately 18 and 19 years old) managing the center. At one time, a person under 18 years of age was managing the center contrary to the conditions of approval. 3. Complaints Besides the concerns listed earlier in this report, the adjacent tenants have indicated the center has been operating at night without interior lighting. A field investigation and conversation with one of the managers did indicate that very little lighting (a bank of lights at the rear of the center) is provided because it caused a glare on the video games making it difficult to see the images on the screens. Other complaints filed with the City include an increase in disturbances requiring police action. However, this was not substantiated by the Police Department. 4. Lease Agreement Mr. Phil Ward of Big Bear Markets indicated that the applicant's five-year lease agreement included a clause calling for the applicant to provide uniformed security in the event any problems were perceived to arise from the center. In December, 1982, the applicant was told to provide such security within a time frame of 90 to 120 days. To date the applicant has not yet provided the security. City Planning Commission Agenda Items for Meeting of February 23, 1983 Page 8 D. ANALYSIS Essentially the Planning Department has no desire to recommend that the applicant's Conditional Use Permit be revoked by the Planning Commission and would prefer that the applicant comply with the conditions of approval and manage the establishment in such a manner as to be able to coexist with the other uses in the Shopping Center. However, it appears that the applicant has not made a concerted effort to comply with the regulations of the Code and conditions of approval. While some progress has been made, it has been very slow and has required extraordinary action on the part of the City. In addition, the applicant has knowingly employed a person under the age requirement for a brief period of time contrary to the conditions of approval. If activities extend beyond the building confines, one person is not capable of controlling adverse behavior on the part of the patrons without additional support from a security guard. Therefore, businesses which create specific problems of this type should be required to retain a guard. E. CONCLUSION The Planning Department has not been able to gather sufficient information to make a specific recommendation to revoke the Conditional Use Permit. However, there are strong indications that unless the applicant takes a different posture in complying with the conditions of approval and regulations of the Code and complies within a reasonable length of time, the Permit should be revoked. In addition, if there is sufficient testimony given at the meeting against the center which can be supported, then the Commission should also revoke the permit. AL:vt WPC 0205P MAE L. FEASTER SCHOOL 670 Flower Street Chula Vista, California 92010 January 20, 1983 Director of Planning Planning Commission 276 Fourth Avenue Chula Vista, CA 92010 Dear Mr. Gray: It has come to my attention that the Video Parlor in the Big Bear complex on E Street near Jefferson Avenue has been attracting children from Feaster School. The parlor is a negative influence according to parents. They have said that children spend their lunch money and fail to return home as requested. The people at the Video Parlor have not cooperated with no admittance to youngsters when the parents have objected to the children going. Some children have free games by doing "favors" at the parlor. It is hoped that the Video Parlor can be removed from the proximity of Feaster School. Sincerely, FRANCES L. READ Principal FLR:oml R E C E I V E D JAN 2 5 1983 PLANNING DEPARTr~ENT CHULA ~,I.,TA, CA_I 3RNIA December 22, 1982 Mr. Kamiar Simantob 520 "E" Street, Suite 204 San Diego, CA 92101 Dear Mr. Simantob: On October 28, 1982 you were requested by letter to file a plan with the City showing the location of proposed bicycle racks to be installed for a video arcade game center at 678 "E" Street in Chula Vista. You then approached the Planning Department a short time later and asked that you be allowed to open your business on the premise that you would be installing the bike racks immediately. An inspection of the site on December 17, 1982 has revealed that the bike racks have not been installed. Unless a plan is submitted and approved a~d the bike racks installed within 10 days of the receipt of this letter, we will have no choice but to return to the Planning Commission and ask for rev.ocation of your license. In addition, two other items must be attended to: 1. In visiting the site it has come to our attention that an adult owner or manager is not present on the premises at all times as required by condition 6 in the resolution of approval. 2. You have installed a business sign on the front of the property without the benefit of a permit from the Planning Department. You are requested to comply with condition No. 6 and secure a sign permit from the Planning Department immediately. Very truly yours, Ken Lee Principal Planner KL:hm cc: City Attorney Zoning Enforcement Officer Jack Dardashti, HDN Corporation, 18555 Ventura Blvd., Tarzana, CA 91356 276 Fourth Avtmu¢ ChubV~st'a,Califernia 920~0 ~ I I' ~ ~ FEASTER - I [ I [ , ELEMENTAF T-.L I I I [ I I I I "'-'}----1 · .. Serv. I Residu- Mobile I , · Station I rant. Home I I Sales I State I I I I / E' STR: 1 I i Car , R~staurant , · '[,Rest Rental/ Hotel Car Rep']... I ~-- - Ue~T. [ Car ,Office.I ~-, Motel ~atel M. !~. .... .~.---..F'-- r--~-' --_.----'~--: .,- Iit MF ,~ 'M~' · IJt .... ' · -[ ._ z .... I'!_L. .... : I ,,, r" _ i_ , /Permit ~ ,S, tablish' an Arcade' I~at 678 E Street.