HomeMy WebLinkAboutPlanning Comm Reports/1987/12/02 AGENDA
City Planning Commission
Chula Vista, California
Wednesday, December 2, 1987 - 7:30 p.m. City Council Chambers
PLEDGE OF ALLEGIANCE
INTRODUCTORY REMARKS
APPROVAL OF MINUTES - Meeting of November 18, 1987
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission
on any subject matter within the Commission's jurisdiction but not an
item on today's agenda. Each speaker's presentation may not exceed five
minutes.
1. PUBLIC HEARING: PCZ-88-F and P-88-5: Consideration to rezone 11.9 acres
located on the southwest and southeast corners of East
'H' Street and Rutgers Avenue, from R-1-H to R-1-H-P and
Precise Plan for 40 single family attached units
Kelton Title Company (Continued)
2. PUBLIC HEARING: Proposed Amendments to the Certified Local Coastal Program
and Bayfront Specific Plan (Continued)
3. PUBLIC HEARING: Major Use Permit PCC-87-39M: Request to maintain an
existing R.V. storage lot now operating illegally at
1383 Broadway - Broadway Equities Ltd. (Continued)
4. PUBLIC HEARING: PCM-87-6: Provision for comments on the Sectional Planning
Area (SPA) Plan, Public Facilities Plan and Financing
Analysis, Development Agreement, Design Guidelines and
Development Regulations for Rancho del Rey SPA I
5. PUBLIC HEARING: PCA-88-4: Consideration of an amendment to the Municipal
Code to provide for City regulation of recycling facilities
mandated by AB 2020 (The Bottle Bill)
AGENDA -2- December 2, 1987
DIRECTOR'S REPORT
COMMISSION COMMENTS
ADJOURNMENT AT to the Study Session Meeting of December 9, 1987 at 5:00 p.m.
in Conference Rooms 2 & 3
TO: City Planning Commission
FROM: George Krempl, Director of Planning
SUBJECT: Staff Report on Agenda Items for Planning Commission Meeting of
December 2, 1987
1. PUBLIC HEARING: PCZ-88-F and P-88-5: Consideration to rezone ll.4
acres located on the southwest and southeast corners
of East "H" Street and Rutgers Avenue, from R-1-H to
R-1-H-P and Precise Plan for 4U single family attached
units - Kelton Title Company (Continued)
A. BACKGROUND
This item is a rezoning and precise plan for 40 single family attached
units on ll.4 acres located on the southwest and southeast corners of East
"H" Street and Rutgers Avenue. The rezoning request is from R-1-H to
R-1-H-P (Single family residential with Hillside and Precise Plan
modifying districts).
The matter was continued from the meeting of November 18, 1987, at the
request of the applicant in order to make some refinements to the precise
plan.
An Initial Study, IS-88-25, of possible adverse environmental impacts of
the project was conducted by the Environmental Review Coordinator on
November 6, 1987, who concluded that there would be no significant
environmental effects and recommended that the Negative Declaration be
adopted. Condition #3e below is a required mitigation measure identified
in the Initial Study.
B. RECOMMENDATION
1. Find that this project will have no significant environmental impacts
and adopt the Negative Declaration issued on IS-88-2§.
2. Adopt a motion recommending that the City Council approve PCZ-88-5 to
change the zone on ll.4 acres from R-1-H to R-1-H-P as shown on
Exhibit A attached hereto.
3. Based on the finding that the precise plan generally conforms to the
provisions of the Hillside Modifying District, Development Policy and
Design Criteria, adopt a motion recommending that the City Council
approve P-88-5 subject to the following conditions:
a. A final subdivision map shall be approved prior to the
implementation of the project.
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 2
b. The issues listed in Section D1 thru 5 of the staff report shall
be addressed and returned for Commission review concurrent with
the tentative subdivision map for the project.
c. The developer shall request the establishment of an Open Space
Maintenance district and offer to the City the dedication of
Open Space areas on the periphery of the project to include the
landscaped slope banks.
d. Prior to approval of a Final Map, the developers shall enter
into a development agreement with the City wherein the developer
agrees to pay his/her fair share of the cost of public
improvements to be provided under the public financing plan and
development agreement, and not to protest the establishment of a
facilities benefit assessment district.
e. Solid 4 ft. high noise attenuation barriers shall be installed
on patios and balconies to provide line of the site acoustical
shielding for units 1-6 on the west side of Rutgers, and units
9-14 on the east side of Rutgers.
C. DISCUSSION
The property consists of 11.4 net acres of moderate to steeply sloping
terrain bisected by Rutgers Avenue. Single family homes encircle and
overlook the property to the west, east and south. Single family homes
and a site recently approved for a child day care center are located to
the north across East "H" Street. The northwest portion of the property
abuts Tiffany Park.
The project consists of 40 single family attached units on ll.4 net acres
-- 22 units in 11 structures on 6.4 acres west of Rutgers (3.4 du/net
acre), and 18 units in 9 structures on 5.0 acres east of Rutgers 13.6
du/net acre). The sites will be terraced, with major slopes adjacent to
the intersection of East "H" Street and Rutgers, and multiple intermediate
slopes running the length of each site. Each property will be served by a
single, private cul-de-sac street with access off Rutgers toward the
southerly boundary of the project.
The dwellings are Mediterranean-style, 2-story or split-level attached
units each containing 1,950-2,$00 sq. ft. of living area and a two-car
garage. The majority of the dwellings straddle one of the intermediate
slopes, creating a split-pad condition with the levels of the dwellings
stepped up or down with the direction of the slope. The structures would
be elevated above East "H" Street and Rutgers and below the surrounding
single family homes.
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 3
The private streets have a 25 ft.-wide roadway with no on-street parking
and "T" type turn-arounds adequate to accommodate fire equipment. Parking
bays interspersed along each street provide 61 guest parking spaces -- 20
guest spaces or a ratio 1.1 per unit east of Rutgers, and 41 guest spaces
or a ratio of 1.9 per unit west of Rutgers.
The applicant has not yet developed a subdivision map, thus the extent of
common areas and private yards is not indicated on the plan. The major
slopes adjacent to East "H" Street and Rutgers Avenue are to be included
in an open space maintenance district. All other common areas as well as
the private streets and parking areas would be owned and maintained by a
homeowners association. A common wall of stucco and wrought iron is
schematically indicated along the top of slope adjacent to East "H" and
Rutgers, and retaining walls are indicated along portions of the west side
of Rutgers and adjacent to the private street on the easterly site.
D. ANALYSIS
The "H" Hillside Modifying District establishes a maximum gross density
and percentage of allowable grading based on the average natural slope of
a site. The allowable density is applied to the gross site area, and
allowable grading does not include grading for public streets or building
foundations.
At the time the "H" Modifier was applied to the property in 1974, East "H"
Street and Rutgers Avenue had not yet been extended through the property,
and the gross site area consisted of 14.8 acres with an average natural
slope of 18%. This translates under the Hillside restrictions to a
maximum density of 2.82 units per gross acre, or 42 units total 12.82 x
14.8), and allows for grading of 61.25% of the gross site, or 9 acres
1.6125 x 14.8), excluding grading for public streets and foundations. The
proposal for 40 dwelling units is therefore two units less than the
maximum allowed, and total proposed grading of 10.6 acres minus 1.64 acres
of exempt grading for building foundations, equals 8.94 acres of
non-exempt grading, which is also less than the 9 acres maximum allowed by
the standards.
Hillside developments are also guided by the Hillside Development Policy
and Design criteria. The precise plan has incorporated several of the
techniques suggested in these documents, including: reduced-width
cul-de-sacs with parking bays in order to reduce unnecessary grading
consistent with traffic and parking requirements; intermediate slopes and
split-pad construction in order to minimize the mass of structures and the
height and exposure of manufactured slopes, and to maximize views both
from and across the site; and, attached units with some clustering in
order to conserve larger expanses of open space and relieve the visual
monotony of standard detached dwellings with identical spacing.
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 4
For these reasons, we believe the plan is generally consistent with the
Hillside policy and standards. Several issues need to be addressed or
refined, however, and we are recommending that the following matters be
returned for Commission and Council review and approval along with the
tentative subdivision map for the project.
1. Common vs. private open space
The slopes adjacent to East "H" Street and Rutgers Avenue are
proposed for inclusion in an open space maintenance district. All
interior slopes and front yard areas should be included within the
remaining common area to be owned and maintained by a homeowners
association in order to ensure a coordinated landscape treatment and
consistent level of maintenance for these areas. A conceptual
landscape plan and program shall be submitted for all common areas.
The floor plans show Plan "A," the downhill unit, with an upper and a
lower level deck off the rear of the unit; Plan "B," the two-story
unit, with two upper level decks off the rear of the unit, and; Plan
"C," the uphill unit, with one upper level deck off the front of the
unit. In addition to these private open space areas, each unit
should have a private, fenced rear-yard containing at least 250 sq.
ft. of area with a minimum dimension of 15 ft.
2. Walls and Fences
The schematic wall and fencing program should be refined and
encompass details and standards for private rear yards as well. The
common fencing should be limited to wrought iron or low stucco or
masonry walls topped with wrought iron. The common fencing should be
extended to include the project frontage on both sides of Rutgers
south of the private streets, with at least a 10 ft. setback from
right-of-way at all locations.
Fencing for private yards should be consistent with the common
fencing scheme, with a minimum height of 5'-6' and wrought iron bars
at maximum 4 inch centers. Exposed retaining walls should be of a
design consistent with the balance of the project.
3. Streets, Walks and Drives
The guest parking ratio on each side of Rutgers -- 1.9:l on the west
and 1.1:l on the east -- conforms with the l:l hillside standard.
For reasons of convenience, however, additional parking bays should
be provided on the east side of Rutgers adjacent to units 15 & 16,
and also adjacent to units 17 & 18 if feasible.
The pedestrian walk should be extended adjacent to units 17 & 18 on
the east side of Rutgers. Because of the large number of curb cuts,
enriched paving should be used to link the pedestrian walk as it
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 5
traverses driveways. The "T" type turn-arounds should be enhanced
with enriched paving as well. A lighting program, including
locations and fixtures, should be submitted for the private streets
and parking bays.
All driveways should either be at least 20 ft. in length from the
inside edge of the sidewalk in order to accommodate parking, or no
greater than 10 ft. in length in order to discourage parking and
overhang into the street. Garage door openers should be provided for
all units with the shorter driveways. A plan for designating and
screening a certain number of the guest parking bays for recreational
vehicle parking should be submitted for review and approval, or such
parking should be strictly prohibited in the project.
4. Storage and Trash
Accommodations for general storage and trash are more critical where
there is restricted access to small rear yards. In the present case,
rear yards will be small and most will only be accessible through the
unit or across a common slope with no private sideyards.
Consequently, provision should be made for at least 250 cu. ft. of
storage per unit, with a minimum dimension of 5 ft., either in an
expanded garage or separate space. Provision should likewise be made
for private trash storage or common enclosures to serve the project.
5. Development Standards
Development standards should be submitted which include a prohibition
on exterior alterations to the dwellings, and which establish
dimensional and design standards for patio covers. A preferred
alternative would be to incorporate patio covers with initial
construction.
6. Other Comments
The Fire Department is requiring seven fire hydrants within the
project. These will be reflected on the tentative subdivision map.
The Engineering Department has submitted the following. Items
and lb) are proposed as conditions of approval. The items under
are required under the authority of the Municipal Code and are listed
for information only.
a. The developer shall request the establishment of an Open Space
Maintenance district and offer to the City the dedication of
Open Space areas on the periphery of the project to include the
landscaped slope banks.
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 6
b. Prior to approval of a Final Map, the developers shall enter
into a development agreement with the City wherein the developer
agrees to pay his/her fair share of the cost of public
improvements to be provided under the public financing plan and
development agreement, and not to protest the establishment of a
facilities benefit assessment district.
c. These items are required under the authority of the City of
Chula Vista Municipal Code.
Il) Sewer and traffic signal fees will be assessed when the
building per, nit is issued.
(2) Adequate dedication to provide to a full width right-of-way
of 84 feet for Rutgers Road.
(3) A grading permit and grading and drainage plans shall be
required.
(4) An improvement plan and a construction permit will be
required for any work performed in the right-of-way.
15) Required street work may include but not be limited to the
following:
Street lights
Sidewalk ramps
Adequate paving to provide a 64 foot roadway width
along Rutgers Road
Curb, gutter and sidewalk on both sides of Rutgers
Road along the frontage of the property
E. CONCLUSION
We believe the project is well suited to the site and setting despite the
several essential but relatively minor issues yet to be resolved. The
density is consistent with the surrounding detached development, and the
structures have been sited in a manner to preserve views across the site.
The type and pattern of development has also been designed to ameliorate
the mass of both the structures and inevitable manufactured slopes and to
provide some interest and variety in the relationship of structures and
open spaces.
WPC 4556P
(REZONE FROM
Rt,
~/P-88-5
I Exhibit ~ I |P.C,Z-88-F
CITY OF CHULA VISTA
DISCLOSURE STATE~NT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING
COMMISSION AND ALL OTHER OFFICIAL BODIES.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the application.
Louis L. Kelton
List the names of all persons having any ownership interest in the property involved.
Louis L. Kelton
2. If any person identified pursuant to (1) above is a corporation or partnership, list
the names of all individuals owning more than ]0% of the shares in the corporation
or owning any partnership interest in the partnership.
Louis L. Kelton
3. If any person identified pursuant to (1) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes No ~ If yes, please indicate person(s)
Person is defined as' "An i
F__ · y ndlvldual, firm, copartnership, joint venture, association,
~sociaT club, fraternal organization, corporation, estate, trust, receiver, syndicate,
~this and any other county, city and County, city, municipality, district or other
~political subdivision, or any other group or combination acting as a unit."
(_NOTE: Attach additional pages as necessary./~ o
Signature app 1 'cant/~P~te ~ ~-~-~-
A-110 ?r'~nt or type name o~ applicant
City Planning Commission
Agenda Items for Meeting of December 2, 1987
2. Public Hearing: Proposed Amendments to the Certified Local Coastal Pro~ram
and Bayfront Specific Plan
This public hearing has been cancelled. The proposed amendments will be
incorporated into the revised Local Coastal Program that is currently being
prepared.
Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 1
3. PUBLIC HEARING: Major Use Permit PCC-87-39M; request to maintain an
existing R.V. storage lot now operating illegally at
1383 Broadway - Broadway Equities Ltd. IContinued)
A. BACKGROUND
The applicant, Broadway Equities Ltd. established an R.V. storage lot two
years ago without obtaining a major use permit from the County. Upon
annexation to the City of Chula Vista, zoning enforcement personnel
received complaints that storage contained within this lot was unsightly.
The owners were notified that the lot was established illegally and that a
major use permit must be obtained or the use must be abated. The storage
lot is located on San Diego Gas and Electric utility property on the east
side of Broadway, south of Palomar Street.
An Initial Study, IS-87-56M of possible adverse environmental impacts of
the project was conducted by the Environmental Review Coordinator on May
22, 1987. The Environmental Review Coordinator concluded that there would
be no significant environmental effects and recommended that the Negative
Declaration be adopted.
The Montgomery Planning Committee, at their meeting of August 5, 1987,
voted to recommend denial of the major use permit request, and to schedule
abatement as outlined in the recommendation section of this report.
B. RECOMMENDATION
1. Find that this project will have no significant environmental impacts
and adopt the Negative Declaration issued on IS-87-56M.
2. Based on findings contained in Section E of this report, adopt a
motion to deny the applicant's request to maintain an RV storage lot
at 1383 Broadway and set an abatement period for the use to cease
operation and vacate the property effective March 31, 1988. Adopt a
recommendation to all ow the applicant to refile the major use permit,
after January 15, 1988, if open storage is determined as an
appropriate long term land We at this location via the Montgomery
Specific Plan.
C. DISCUSSION
Adjacent zoning and land use
North C-36 Commercial center
South M-52, C-36 Commercial auto center, mini warehouses
East RMH-9, S-94 Mobilehome park, SDG&E utility property
West S-94, C-36 Vacant, mixed use commercial/residential
Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 2
Existing site characteristics
The project site is a rectangular shaped property of 4.5 acres with
utility transmission towers bisecting the property from east to west. The
existing storage lot contains 373 storage spaces and 35 customer parking
spaces surrounded by a 6-foot chain link fence. No screen fencing or
landscaping is evident on the property. A.C. paving is present over the
front portion of the lot where customer parking takes place; the vehicle
storage area is graveled.
Proposed use
The applicant proposes to maintain the RV storage lot with the addition of
wood slats in the existing fence, and installation of curb, gutter and
sidewalk along Broadway adjacent to the property, with a landscaping strip
15 to 25 ft. wide along the front of the property adjacent to Broadway. A
sign is also proposed at the southwest corner of the property.
D. ANALYSIS
The issue of illegal establishment of the RV storage yard located at 1383
Broadway first came to the attention of staff in February 1986, when
zoning enforcement received complaints that a truck filled with refuse was
creating an unsightly appearance within the storage lot as seen from the
street. Research into the matter resulted in the finding that no major
use permit had been filed or approved for the lot. The major use permit
is required under the S-94 zone assigned to all property currently in use
for utility transmission lines under ownership by San Diego Gas and
Electric.
Staff informed the owners of this requirement who indicated that the
application would be filed accordingly. When the application was not
filed by November of 1986, staff referred the matter back to zoning
enforcement, which was then referred to the City Attorney's office for
further action. The application was finally submitted for filing on
April 27, 1987.
During this time period, work on the Montgomery Specific Plan had
proceeded to the point, where goals of the specific plan have been
formulated, which would discourage the continuation of open land uses in
the Montgomery Area as well as encouraging the preservation of the SDG&E
right-of-way for either open space or park usage. The RV storage use
which the applicant is requesting to maintain stands in direct conflict
with this goal.
In addition to this, existing zones surrounding this lot do not permit
open storage. New commercial developments located on the north side of
this lot, the mobilehome park located on the east side of the storage lot
and the auto center and mini-warehouse development on the south side all
have restrictions in their respective zones prohibiting storage of
Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 3
materials or equipment outside of enclosed buildings. The one exception
to this requirement is a small area within the SDG&E right-of-way under
license to store RV's owned by the residents of the Orange Tree Mobilehome
Park, as an accessory use. this accessory use was approved under the
major use permits granted for development of the park in the late 1960's.
It is for these reasons that staff is recommending denial of the
application, with an abatement period for the owners to vacate the
property effective March 31, 1988. Staff is of the opinion that interim
approval of the use pending completion of the specific plan is not
appropriate due to the numerous conditions of approval not proposed by the
applicant which would need to be fulfilled before the lot met City
standards. Those conditions are as follows:
1. Paving within the storage area.
2. Adequate solid fencing on all sides of the lot, since the lot is
visible from Broadway, Palomar Street, Orange Tree Mobilehome Park,
and the retail auto center adjacent to the lot.
3. Installation of two fire hydrants on site accompanied by adequate
water supply.
4. Landscaping along the Broadway frontage consistent with the City
Landscape Manual and approved by the City Landscape Architect.
5. A limitation on the height of storage items.
6. Sign subject to Design Review Committee approval.
Continuance of the matter pending completion of the draft plan is also not
appropriate since as the lot is in existence now, such action would
constitute interim approval. The lot is not protected under any
grandfather provisions nor has it any vested rights as it was never
legally sanctioned by the County and did not meet County standards for
such use.
Since the specific plan has not been completed or public hearings yet
held, the applicant should be afforded the opportunity of refiling a major
use permit application after January l, 1988, if the plan indicates that
open storage uses would be appropriate at this location. If the plan
indicates that refiling is appropriate, processing the application and
evaluating the above-noted conditions could be accomplished prior to the
March 31 abatement date provided that the application is filed at least 8
weeks prior to that time.
Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 4
E. FINDINGS
1. That the proposed use 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 proposed alterations to the existing use are inadequate to shield
unsightly views of the use from the vicinity, and will not contribute
to the general well being of the neighborhood.
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.
Lack of effective visual screening and would be detrimental to
property or improvements in the vicinity.
3. That the proposed use will comply wi th the regulations and
conditions specified in the code for such use.
The proposed use does not meet regulations outlined within the City
Landscape Manual or, and as such does not comply with the regulations
and conditions specified in the Code for such use.
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 granting of this major use permit would conflict with goal #19 of
the Draft Montgomery Specific Plan, and therefore, will adversely
affect the General Plan of the City of Chula Vista.
WPC 3901P/2652P
.* negati ,: declaration
PROJECT NAME: Broadway RV Center
PROJECT LOCATION: 1383 Broadway
PROJECT APPLICANT: Broadway Equities Ltd.
1431 Stratford Court
Del Mar, CA 92121
CASE NO: IS 87-56M ~ DATE: May 22, 1987
A. Project Setting
The project site is a rectangular shaped property of 4.5 acres with
utility.transmission towers bisecting the property from east to west. The
existing storage lot contains 373 storage spaces and 35 customer parking
spaces surrounded by a 6 foot chain link fence. No screen fencing or
landscaping is evident on the property. AC paving is present over the
front portion of the lot where customer parking takes place; the vehicle
storage area is graveled.
B. Project Description
The applicant proposes to maintain the RV storage lot with the addition of
wood slats in the existing fence; curb, gutter and sidewalk along Broadway
adjacent to the property, and limited landscaping along the front of the
property adjacent to Broadway. A sign is proposed at the southwest corner
of the property.
C. Compatibility with' Zoning and Plans
The zoning in effect for the area is S-94, a utility transmission zone
which allows open storage uses with approval of a major use permit.
The General Plan land use diagram designates two land uses over the
project area, Thoroughfare Commercial uses for the front 300 feet adjacent
to Broadway and High Density Residential land uses for the eastern portion
:~ ~e .)r~)~)erty. A ,lew s'?ecific plan is currently being drafted for the
'lo~tgo:~e~ area which is scheduled for completion in December.
Continuation of the existing use for a short interim period pending
completion of the plan document would represent compliance with the
General Plans policy of gradual conversion of the subject area to the long
term uses outlined in the new specific plan.
D. Mitigation necessary to avoid significant effects
1. Fire Protection
The Fire Marshal for the City of Chula Vista requires provision of a
maximum of two fire hydrants on site and access to the site via a
knox box. These are standard development regulations required by
sections 10.301(c) and 10.209 of the Uniform Fire Code. Since these
city of chula vista planning department CI~OF
environmental review section ~HUL~
- .' envlron~ent., · gn standard
protection are miti~^~Pa~ts resulting development regulations,
from lack of adequate any
F. . . ~ u~u De/ow a level of significance, fire
1.
The existing RV s
~rotection mea~.-~- torage yard, ·
oegrade th~ ~- ~'=~ required bY .~h ..pr~vision of _
"~ qUallty Of th: .... ~ ~"~ uniform
~) Idverse impact to long term enVironme>tal goals.
- All . p~tential adverse environ ~ort ~n ,~mm use, will not create
~t~n~]ng the RV -+~- - mental
o~u no~ cumulative ~ge lot are mit~__~'?acts associated With
nd~Ure. ,~ced below significance and
4. The continuance of the existing RV storage yard, With adequate fire
protection measures incorporated, will
effects on human beings, not cause substantial adverse
City of Chula Vista: Julie Schilling, ASSistant Planner
a~e~n~Fl~J~ and Nousing Department
Carol Gore, Fire Marshal? EQgineer
Chuck Glass,. Traffic Engineer
APPlicant,~ Agent: Hede~amp and ASSOciates
l$31 India Street
2. ~ San Diego, CA 9212l
l) Chapter 19.70 of Title 19 (ZOning) of the Chula Vista Municipal
Code
2) General Plan, City of Chula Vista
The Initial Study
~ significant application and evaluation forms documenting the findings of
impact are on file and available for
Sta Planning Department, 2?6 Fourth 2venue, Chula PUblic review at the Chula
~PC 4057P/o175P EW COORDIAIATOR
city of Chula vista planning department Cll¥ OF
environmental ~'~
review Section CH[]L~ VI '
· J "' ' ' ' ~ ~ ~'::
· CITY OF CHULA VISTA
DISCLOSURE STATE~NT
[cw PLICANT'S STATEM£NT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATION
ICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL PLANNIN
O~MISSION AND ALL OTHER OFFICIAL BODIES. '
The following information must be disclosed:
1. List the names of all persons having a financial interest in the application.
BROADWAY EQUITI~ LIMITED ~
A ~lfornla LImlte. d Partnership
List the names of all persons having any ownership interest in the property involved.
San' Diego Gas & Electric
2. If any person identified pursuant to il) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the partnership.
Beaty Development Company - /V~ging Ge~eral Partner
~u'thur E. Engle - Limited Partner
3. If any person identified pursuant to il) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes No x If yes, please indicate person(s)
~is defined ~s---~-' "Any individual, firm. copartnership, joint venture, association,
soc-'6-6-~-T club, fraternal organization, corporation, estate, trust, receiver, syndicate, l
this and any other county, city and county, city, municipality, district or other
political subdivision, or any other group or combination acting as a unit.'
(NOTE: Attach additional pages as ~. '~~~,~C, ener~l Partner
- necessarv. I ~J:~A~I~/~.~C, EQUITIES
~'l S4~g~e of~p~t/~a~e
WPC 0701P THOMAS R. BEATY, pRESiDENt/
A-110 P~lnt or type name of applicant
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page I
4. PUBLIC HEARING: PCM-87-6: Provision for comments on the Sectional Planning
Area (SPA) Plan, Public Facilties Plan and Financing Analssis,
Development Agreement, Design Guidelines and Development
Regulations for Rancho del Rey SPA I
BACKGROUND
At the November 18, 1987 Planning Commission meeting, Commission members
indicated that they wished to provide comments on the SPA Plan, Public Facilities
Plan and Financing Analysis, Development Agreements, Design Guidelines and
Development Regulations for Rancho del Rey SPA I. Copies of these documents have
previously been forwarded to the Planning Commission as part of the E1 Rancho del
Rey SPA package. City Council will be considering these items at a public hearing
on December 8, 1987.
RECOMMENDATION
Provide comments to the City Council as appropriate.
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 1
5. PUBLIC HEARING: Zoning Ordinance Amendment PCA-88-4; to amend Title 19
(Zoning) of the Municipal Code to regulate recycling
facilities mandated by AB 2020 (The Bottle Bill)
A. BACKGROUND
The City Council, on October 13, 1987, enacted an urgency ordinance to
amend the zoning ordinance on an interim basis to regulate recycling
facilities mandated by the California Beverage Recycling and Litter Reduction
Act, passed by the State Legislature in 1986. As part of the newly mandated
system, beverage recycling facilities must be established within 1/2 mile of
every major supermarket with a gross income of two million dollars or more
(designated as convenience zones) throughout the City. The Act states that
there must be a certified recycling facility in every convenience zone by a
target date of October l, 1987, with the possibility that fines may be levied
on beverage dealers if the facilities are not in place by January l, 1988.
The urgency ordinance was enacted for a period of 90 days with a provision
that the ordinance amendment be brought back for consideration as a permanent
ordinance at the end of the 90-day period.
The proposed ordinance amendments are categorically exempt from
environmental review under Section 15303 (3c) of the Guidelines of the
California Environmental Quality Act.
The Montgomery Planning Committee at its meeting of November 18, 1987,
recommended by unanimous vote that the City Council amend the Zoning Ordinance
to regulate recycling collection centers and adopt design standards for these
uses as outlined in the staff recommendation.
B. RECOMMENDATION
1. Adopt a motion to recommend that the City Council amend Title 19 of
the Municipal Code to regulate recycling collection centers as shown
in Exhibit A attached and made a part hereto.
2. Adopt a motion to recommend that the City Council pass a resolution
to adopt the proposed Design Standards for Recycling Collection
Centers.
C. ANALYSIS
The Beverage Container Recycling Act requires that at least one recycling
facility be placed within a 1/2 mile radius of all supermarkets with gross
incomes of two million dollars or more within the City limits. These areas
are referred to by the State as convenience zones; Chula Vista presently has
twelve such zones, with more to be added in the future, particularly in the
eastern territories, as new supermarkets are constructed.
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 2
A recycling facility may take the form of reverse vending machines,
collection bins, a mobile recycling unit or a permanent facility. These
facilities must accept all types of beverage containers, and pay at minimum
the redemption values prescribed by the State. In addition, they must be in
operation at least 30 hours a week; five of those hours must be outside the
standard business hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.
Most major supermarket chains have contracted with recycling firms or are
in the process of doing so in order to provide required facilities at each of
their member stores statewide. Some of the markets with agreements include
Albertsons, Lucky Stores (Food Basket), Safeway, Alpha Beta, Ralphs and Vons.
The State Recycling Act prohibits municipalities from denying permits to
mobile recycling units or reverse vending machines which are certified (or
have applied for certification), are located on property zoned for commercial
or industrial use within a convenience zone, and have the permission of the
property owner. Under these circumstances, local jurisdictions may only deny
permits for facilities of this type if it is specifically found and reasons
stated that the individual facility would be detrimental to public health,
safety, and well being. Local jurisdictions may limit the number of
facilities within a convenience zone, but must permit at least one.
Recycling facilities are still considered a project under the California
Environmental Quality Act, and are subject to environmental review on a
case-by-case basis.
It is possible for a local jurisdiction to apply for an exemption from the
requirement for convenience zones if a city or county has a voluntary or
mandatory curbside recycling operation in place. In curbside programs,
homeowners separate recyclable articles from their trash and leave them out
for pickup on a specified day. Curbside programs may be conducted in
conjunction with regular trash service. Chula Vista is not eligible for an
exemption since there are no programs of this nature in operation or
anticipated in the near future. The County of San Diego is, however,
exploring the feasibility of such a program, and may in the future wish to
include cities which use County landfills in a curbside recycling project.
In order to accommodate the requirements of the Recycling Act, both Title
19 of the Municipal Code and the zoning ordinance governing Montgomery must be
modified. The Municipal Code makes no provision for recycling centers, either
as an accessory or a primary use. The Montgomery zoning ordinance contains a
"recycling collection center" use type, which is permitted in C-37, C-38,
C-40, M-54 and M-58 zones, but is restricted to collection receptacles not to
exceed 128 cubic feet per parcel in C-35 and C-36 zones. A minor use permit
must be obtained to install receptacles holding a total of more than 192 cubic
feet per legal parcel in all other commercial and limited industrial use
regulations. The limitation on the amount of cubic feet stored is especially
restrictive for C-36 use regulations, since they are the most likely locations
for major supermarkets to operate. The zoning ordinance for Montgomery gives
no direction with regard to site design or aesthetic treatment as applied to
the recycling collection center use type.
City Planning Commission
Agenda Items for Meeting of December 2, 1987 Page 3
Staff is recommending that recycling facilities be separated into three
general categories, and be permitted within commercial and industrial zones
within a convenience zone, subject to varying degrees of review.
Reverse vending machines of the type shown illustrated in Exhibit B could
be permitted as an accessory use to a grocery or other general retail use
subject to administrative site plan review by the Planning Department. Most
reverse vending machines will also require a building permit to accommodate
the increased power requirements needed for the machines, since they usually
exceed the normal requirements of beverage vending machines. The number of
reverse vending machines subject to administrative site plan review should not
exceed three, or 150 square feet of occupied area, since installation of more
machines tends to present a more dominant visual display and should be
evaluated as a zoning administrator approved CUP.
Collection bins, bulk reverse vending machines, and other small collection
facilities could be allowed as an accessory use subject to a zoning
administrator approved CUP for facilities occupying an area not to exceed 300
square feet. These types of small collection facilities require more in-depth
review in terms of site design and aesthetics, in that they often are located
in required parking spaces, are more visually predominant, and may require
operation by permanent employees.
All other collection facilities exceeding 300 square feet of occupied
area, either mobile or permanent, should be subject to a conditional use
permit approved by the Planning Commission.
These facilities may have a permanent building, be located on a separate
facility not appurtenant to a host use, have open storage, and emit higher
noise levels associated with processing recycled articles into bales or bricks
for transportation. It can be assumed that higher volumes of recycled
materials are accommodated by this size facility. It should be noted that
large collection centers should process recycled articles only for shipment to
another location and only as an accessory to collection activities.
Industries which process or manufacture recycled articles into other materials
as a primary use are more appropriately categorized as an industrial activity
and would be subject to different zoning regulations.
In order to insure that properties which contain recycling collection
centers do not become littered with trash and debris and that recycled
materials are removed on a regular basis, staff is recommending that site plan
approval or a conditional use permit can be revoked by the permitting
authority upon presentation of evidence that a center is not being maintained
in a safe and sanitary manner.
Finally, staff has prepared design standards which would establish
criteria for evaluating the location and design of the range of recycling
collection facilities which could be established within the convenience
zones. The standards define the characteristics of each type of recycling
center, stipulate adherence to noise and performance standards, and determine
parking, setbacks, buffer areas, and requirements for landscaping and design
review. Proposed design standards are included in Exhibit C of this report.
WPC 4505P
EXHIBIT A
19.58.345 Recycling collection centers.
Recycling collection centers may be permitted within any commercial or
industrial zone which is also located within a convenience zone identified by
the State of California Department of Resources, under the provisions of the
California Beverage Container Recycling and Litter Reduction Act of 1986.
Establishment of such centers shall comply with the following:
1. Reverse vending machines with a combined area of no more than 150
square feet and a height of no more than 8 feet total may be
permitted as an accessory use subject to site plan approval by the
Planning Department. Reverse Vending Machines which are placed
within an enclosed building occupied by the primary use do noL
require approval of a site plan.
2.
lll~ll~ll~ll~ll~ll~l~ll~ll~ll~tll~
Small collection facilities occupying an area of no more than 300
~quare feet may be permitted as an accessory use subject to approval
of a conditional use permit granted by the Zoning Administrator.
3. Large ~ recycling collection centers with a combined area of over
i~)l)--~quare feet, but not exceeding the floor area equivalent of a 30
person occupancy load, may be permitted as an accessory or primary
use subject to the approval of a conditional use permit granted by
the Planning Commission, and with approval of an application for site
plan and architectural review by the Design Review Committee.
4. The premises of all recycling collection centers shall be kept free
of all litter and debris, and all recyclable articles removed prior
to any storage container reaching capacity. Approval of a site plan
or conditional use permit may be revoked by the permitting authority
upon presentation of evidence that a recycling collection center is
not maintained in a safe and sanitary manner.
5. Recycling Collection Centers shall be developed and operated in
accordance with the Design Standards ~or Recycling Centers adopted
City Council policy.
6. The regulations set forth in this section shall also apply to
recycling collection facilities in existence prior to adoption oF
this ordinance. Existing facilities shall have 60 days from the date
of adoption to obtain required discretionary permits.
19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone, provided a
conditional use permit is issued in accordance with the provisions of
Section 19.14.060:
A. Automobile service stations, in accordance with the provisions of
Section 19.58.280;
B. Sale of beer or other alcoholic beverages for consumption on the premises
only where the sale is incidental to the sale of food;
C. Electrical substations and gas regulator stations, subject to the
provisions of Section 19.58.140;
D. Unclassified uses, see Chapter 19.54;
E. Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
F. Recycling collection centers, subject to the provisions of Section
19.58.340.
(Ord. 2152 § 1 (part), 1986: Ord. 2108 § 1 (part), 1985: Ord. 1571 § 1
(part) 1974: Ord. 1356 § 1 (part), 1971: Ord. 1212 § 1 (part), 1969: prior
code § 33.508(C).)
19.32.030 Conditional uses.
Conditional uses in the C-B zone include:
A. Automobile rental agencies;
B. Electrical substations and gas regulator stations, subject to the
provisions of Section 19.58.140;
C. Social and fraternal organizations, subject to the provisions of
Section 19.58.100;
D. Theaters;
E. Bowling alley, dance hall, roller skating rink and plant nurseries,
subject to the provisions of Section 19.58.040;
F. Furniture upholstering shops;
G. R-3 residential use above the ground floor as regulated in the R-3 zoning
district, provided that R-3 yard requirements may be modified where
appropriate;
H. Building height in excess of three and one-half stories when adjacent to
any R or C-O zone;
I. Knitting and weaving shops;
J. Unclassified uses, see Chapter 19.54;
K. Automobile service stations, subject to the provisions of
Section 19.58.280.
L. Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
M. Recycling collection centers, subject to the provisions of Section
19.58.340.
(Ord 2108 § 1 (part), 1985: Ord. 1356 § 1 (part), 1971: Ord. 1212 § 1
{part), 1969: prior code § 33.507(C).)
19.30.040 Conditional uses.
Conditional uses permitted in the C-O zone include:
A. R-3 residential uses, as regulated therein;
B. Public and quasi-public uses appropriate to the district, such as
professional, business and technical schools of a public service type, but
not including corporation yards, storage or repair yards and warehouses;
C. Day nurseries, schools and studios for arts and crafts, photography,
music, dance and art galleries, in accordance with the provisions of
Section 19.58.220;
D. Commercial parking lots and parking garages, in accordance with the
provisions of Sections 19.62.010 through 19.62.130;
E. Radio and television broadcasting, excluding towers;
F. Restaurants;
G. Electric substations and gas regulators, subject to the provisions of
Section 19.58.140;
H. Plant nurseries and the sale of related hardware items; provided, they are
clearly incidental and secondary to the plant nursery. Plant nurseries
shall be allowed only on the peripheral areas of the C-O zone, so as not
to disrupt the continuity of the professional and administrative office
land uses;
I. Unclassified uses, see Chapter 19.54.
J. Roof-mounted satellite dishes subject to the following standards or
conditions:
1. These dishes shall be screened, using appropriate matching
architectural materials or parapet walls.
2. Dishes shall be of a neutral color, match the building or as
otherwise approved by the City.
3. A building permit shall be required.
4. No advertising material shall be allowed on the satellite dish
antenna. Satellite dish antenna containing advertising material
shall be considered a sign.
K. Recycling collection centers, subject to the provisions of Section
19.59.340.
(Ord. 2108 § 1 {part), 1985: Ord. 1889 § l, 1980; Ord. 1494 § 5, 1973; Ord.
1356 § 1 {part), 1971; Ord. 1212 § 1 (part), 1969: prior code § 33.506{D).)
19.36.010 Purpose.
The purpose of the C-C zone is to stabilize, improve and protect the
commercial characteristics of the major community business centers. The C-C
zone designation shall only be applied in the general location of such centers
as designated in the Chula Vista general plan. (Ord. 1212 § 1 (part), 1969:
prior code § 33.509(A).)
19.36.020 Permitted uses.
Principal permitted uses in the C-C zone are as follows:
A. Stores, shops and offices supplying commodities or performing services for
residents of the city as a whole or the surrounding community such as
department stores, specialty shops, banks, business offices, and other
financial institutions and personal service enterprises;
B. Restaurants, cocktail lounges, night clubs, theaters, and similar
enterprises;
C. Bona fide antique shops, but not including secondhand stores or junk
stores;
D. Parking structures and off-street parking lots, subject to the provisions
of Section 19.58.230;
E. Electrical substations and gas regulator stations, subject to the
provisions of Section 19.58.140;
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F. Any other retail business or service establishment which the commission
finds to be consistent with the purpose of this title and which will not
impair the present or potential use of adjacent properties;
G. Accessory uses and buildings customarily appurtenant to a permitted use
and satellite dish antenna in accordance with the provisions in Section
19.11.03OF.l-9.;
H. Agricultural uses as provided in Section 19.16.030.
lOrd. 2108 § 1 (part), 1985: Ord. 1356 § 1 Ipart), 1969: Ord. 1212 § 1
Ipart), 1969: prior code § 33.509(B).)
19.36.030 Conditional uses.
Conditional uses in the C-C zone include:
A. Car washes, subject to the provisions of Section 19.58.060;
B. Skating rinks, subject to the conditions of Section 19.58.040;
C. Signs in excess of maximum as established in Section 19.36.040 of this
chapter;
D. Automobile rental and towing service;
E. Billiard parlors;
F. Bowling alleys, subject to the provisions of Section 19.58.040;
G. Social and fraternal organizations (nonprofit), subject to the provisions
of Section 19.58.100;
H. Trailer rentals;
I. Veterinarian clinic, subject to the provisions of Section 19.58.050;
J. Unclassified uses, See Chapter 19.54;
K. Automobile service stations, subject to the provisions of Section
19.58.280;
L. Recycling collection centers, subject to the provisions of Section
19.58.340
19.38.030 Conditional uses.
The following uses may be permitted in the C-V zone subject to the
issuance of a conditional use permit subject to the findings set forth in
Section 19.14.060:
A. Car washes, subject to the provisions of Section 19.58.060;
B. Automobile service stations and towing service, subject to the provisions
of Section 19.58.280;
C. Bait and tackle shops, including marine sales, supplies and rentals;
D. Bars or night clubs;
E. Commercial parking lots and parking garages, subject to the provisions of
Sections 19.62.010 through 19.62.130;
F. Commercial recreation facilities, subject to the conditions of Section
19.58.040, as follows:
1. Bowling alley,
2. Miniature golf course,
3. Billiard hall,
4. Skating rink;
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G. Public stables, subject to the provisions of Section 19.58.310;
H. Artists' supply and materials stores;
I. Clothing sales Inew);
J. Unclassified uses, See Chapter 19.54.
K. Roof-mounted satellite dish subject to the standards set forth in Section
19.30. 040.
L. Recycling collection centers, subject to the provisions of Section
19.58.340.
(Ord. 2160 § 1 Ipart), 1986: Ord. 2108 § 1 Ipart), 1985: Ord. 1356 § 1
(part), 1971: Ord. 1212 § 1 (part), 1969: prior code § 33.5101C).)
19.40.030 Conditional uses.
Conditional uses in a C-T zone include:
A. Used car lots and motorcycle sales and repair, subject to the provisions
of Section 19.58.070;
B. Trailer and equipment sales and rental establishments and towing service;
C. Drive-in theaters, subject to the provisions of Section 19.58.120, and
provided that the screen shall be so located and designed that it is not
visible from adjacent thoroughfares, and said screen shall be set back not
less than one hundred feet from any street or thoroughfare;
D. Automobile service stations, garages for major and minor repairs, as
defined herein, and car-washing establishments, subject to the provisions
of Sections 19.58.060 and 19.58.280;
E. Carpenter shop, electrical, plumbing or heating shops;
F. Dancehalls, subject to the provisions of Section 19.58.040;
G. Truck and trailer service, including major repair;
H. Building material sales yard, not including concrete mixing;
I. Automobile storage, contractor's equipment storage yard, or storage, sale
and rental of equipment commonly used by contractors;
J. Signs in excess of maximum, as established in Section 19.40.040;
K. Bait and tackle shops;
L. Commercial recreation facilities (outdoor);
M. Upholstery shops;
N. Automobile paint and body shops;
O. Wholesale bakeries;
P. Laundries, except industrial; and cleaning and dyeing plants;
Q. Used clothing sales;
R. Lumberyards;
S. Radiator repair shops;
T. Unclassified uses, see Chapter 19.54;
U. Knitting and weaving shops;
V. Cardrooms;
W. Recycling collection centers, subject to the provisions of Section
19.58.340.
(Ord. 2160 § 1 (part), 1986: Ord. 2152 ~ 3 (part), 1986: Ord. 2108 § 1
{part), 1985: Ord. 1954 § 1 (part), 1981: Ord. 1855 § 3, 1979: Ord. 1757 §
1 Ipart), 1977: Ord. 1746 § 1 (part), 1977: Ord. 1716 ~ l, 1976: Ord. 1464
§ l, 1973: Ord. 1456 § l, 1973: Ord. 1356 § 1 Ipart), 1971: Ord. 1212 § 1
(part), 1969: prior code § 33.5221C).)
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19.48.120 Sectional planning area plans-Effect of plan approval.
The approval of a sectional planning area plan shall constitute a
refinement of the adopted general development plan of the P-C zone. (Ord.
1854 § 5 (part), 1979: Ord. 1826 ~ 1 (part), 1978.)
19.48.130 Sectional planning area plans-Modification requests and procedures.
A. From time to time, it may be necessary and desirable to modify the
approved sectional planning area plan. Modification of such plan may be
initiated by the property owner, his authorized agent or developer.
B. Requests for modifications shall be submitted to the planning commission
on a prescribed form and shall be accompanied by such additional maps,
statements, or other information as may be required to support the
proposed modification and the required fee.
C. The planning commission shall conduct a public hearing on all proposed
modifications. The planning commission may recommend approval,
conditional approval, or denial of a proposed modification to the city
council which shall conduct a public hearing thereon.
D. Modification to an approved sectional planning area plan shall be made
only by resolution of the city council. Within thirty days after receipt
of a recommendation from the planning commission, the city council shall
approve or deny the proposed modification.
(Ord. 1854 § 5 (part), 1979: Ord. 1826 § 1 (part), 1978.)
19.48.140 P-C Zone-Residential areas not subject to Design Review.
Construction of dwelling units or any remodeling or additions to existing
dwellings within residential areas in the P-C zone not subject to design
review requirements must comply with the provisions outlined in Sections
19.22.060, 19.22.160 and 19.22.170 of this ordinance. (Ord. 2144 § 4 (part),
1986.)
19.48.1§0 Recycling collection centers.
Recycling collection centers may be permitted within commercial or
industrial areas, subject to the provisions of Section 19.58.340.
19.42.030 Accessory uses and buildings.
Accessory uses permitted in an I-R zone include the following:
A. Administrative, executive and financial offices and incidental services,
such as restaurants to serve employees when conducted on the premises;
B. Wholesale business storage or warehousing for products of the types
permitted to be manufactured in the zone;
C. Other accessory uses and buildings customarily appurtenant to a permitted
use;
D. Retail sales of products produced or manufactured on the site;
E. Caretaker house.
F. Satellite dish antenna are permitted in accordance with the provisions of
Section 19.22.030F.1-9 ll through 13.
(Ord. 2160 § 1 (part), 1986: Ord. 2108 § 1 {part), 1985: Ord. 1281 § 1
(part), 1970: Ord. 1212 § 1 (part), 1969: prior code § 33.512(C).)
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19.42.040 Conditional uses.
Conditional uses permitted in an I-R zone include:
A. Retail commercial uses necessary to serve the I-R zone;
B. Manufacture of pharmaceuticals, drugs and the like;
C. Building height in excess of three and one-half stories or forty-five feet;
D. Unclassified uses, as set forth in Chapter 19.54.
E. Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
F. Recycling collection centers, subject to the provisions of Section
19.58.340.
(Ord. 2160 § 1 /part), 1986: Ord. 2108 § 1 Ipart), 1985: Ord. 1281 § 1
Ipart), 1970: Ord. 1212 § 1 (part), 1969: prior code § 33.512~D).)
19.44.040 Conditional uses.
Conditional uses permitted in an I-L zone include:
A. Machine shop and sheet metal shop;
B. Service stations, subject to the conditions in Section 19.58.280;
C. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions of Section 19.58.120;
F. Major auto repair, engine rebuilding and paint shops;
G. Commercial parking lots and garages;
H. Plastic and other synthetics manufacturing;
I. Building heights exceeding three and one-half stories or forty-five feet;
J. Unclassified uses as set forth in Chapter 19.54;
K. Trucking yards, terminals and distributing operations;
L. The retail sale of such bulky items as furniture, carpets and other
similar items;
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
of manufacturers' outlets. Conditional use permit applications for the
establishment of retail commercial 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.
N. Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
O. Recycling collection centers, subject to the provisions of Section
19.58.340.
(Ord. 2160 § 1 Ipart) 1986: Ord. 2108 § 1 (part}, 1985: Ord. 2031 § 1
Ipart), 1983; Ord. 1927 § l, 1980; Ord. 1698 § 1 ~part), 1976; Ord. 1356 § 1
Ipart~, 1971; Ord. 1281 § 1 (part), 1970: Ord. 1212 § 1 Ipart), 1969: prior
code § 33.513(D).)
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19.46.040 Conditional uses.
Conditional uses in an I district include:
A. Motels;
B. Restaurants;
C. Service stations, subject to the provisions of Sections 19.58.280;
D. The retail sale of such bulky items as furniture, carpets and other
similar items;
E. 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 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;
F. The following uses covered by this subsection, shall be considered by the
city council subsequent to its receipt of recommendations thereon from the
planning commission:
1. Brewing or distilling of liquor, or perfume manufacture,
2. Meat packing,
3. Large scale bleaching, cleaning and dyeing establishments,
4. Railroad yards and freight stations,
5. Forges and foundries,
6. Automobile salvage and wrecking operations, and industrial metal and
waste rag, glass or paper salvage operations; provided, that all
operations are conducted within a solid screen not less than eight
feet high, and that materials stored are not piled higher than said
screen;
G. Any other use which is determined by the commission to be of the same
general character as the above uses;
H. Unclassified uses, as provided in Chapter 19.54.
I. Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
J. Recycling collection centers, subject to the provisions of Section
19.58.340.
(Ord. 2160 § 1 (part) 1986: Ord. 2108 ~ 1 (part), 1985: Ord. 2064 § 1
(part), 1984: Ord. 2031 § 1 {part), 1983; Ord. 1927 § 2, 1980; Ord. 1698 § 1
{part), 1976; Ord. 1356 § 1 {part), 1971; Ord. 1281 § 1 {part), 1970: Ord.
1212 § 1 {part), 1969: prior code § 33.514{D).)
*Editor's note: This section amended to conform with provisions of Ord. 1575,
1974.)
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19.70.016 Off Premise Temporary Real Estate Open House Signs.
Off premise temporary real estate open house signs shall be permitted
within all residential zones subject to the following conditions:
A. No more than five off premise open house signs shall be allowed for each
residential open house which occurs.
B. No more than one sign shall be allowed to be placed on any interior parcel
and no more than two on a corner lot (one per street frontage).
C. Off premise open house signs shall only be displayed during daylight hours.
D. Signs shall be no larger than 4 square feet and shall be located at
minimum of 3 feet from the sidewalk or l0 feet from the curb or edge of
pavement, where no sidewalk exists.
E. An off premise temporary real estate open house sign shall only be
permitted in conjunction with an open house held for the resale of one
single family residence. Off premise signs advertising the sale of more
than one lot or more than two dwellings constitutes a temporary real
estate directional sign subject to the regulations outlined in Section
6207(a).
F. Copy display on off premise temporary real estate open house signs shall
be limited to the words "Open House", the address of the property, the
logo of the company, and a directional arrow.
G. Off premise open house signs are prohibited within the public
right-of-way. (Ord. No. 2194 § l, 1987.)
19.70.017 Recycling collection centers.
Notwithstanding the provisions of the commercial and industrial use
regulations specified in Sections 2300 through 2585 of the Ordinance with
respect to recycling collection centers, recyling collection centers which are
located within a convenience zone identified by the State of California
Department of Resources, under the provisions of the California Beverage
Container Recycling and Litter Reduction Act of 1986, shall comply with the
following:
1. Reverse vending machines with a combined area of no more than 150 square
feet and a height of no more than 8 feet total may be permitted as an
accessory use subject to site plan approval by the Planning Department.
Reverse vending machines which are placed within an enclosed building
occupied by the primary use do not require approval of a site plan.
2. ~il~i~//v/~/~h~//Wti~cl~I//e/~/%~i/Al~~/~A~/V/~ii
f/qll~/eJc/t/it61ffl~//fflot/if'Vdl~ilV, j/l~//d~d/~/l~ Small collection
facilities occupying an area of no more than 300 square f~et total may be
permitted as an accessory use subject to approval of a minor use permit
granted by the Zoning Administrator.
3. R~l~h Large collection centers with a combined area of over 300
square feet,-~-6~t not exceeding the floor area equivalent of a 30 person
occupancy load, may be permitted as an accessory or a primary use subjecL
to the approval of a major use permit granted by the Planning Commission,
and with approval of an application for site plan and architectural review
by the Design Review Committee.
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4. The premises of all recycling collection centers shall be kept free of all
litter and debris, and all recyclable articles removed prior to any
storage container reaching capacity. Approval of a site plan or
conditional use permit may be revoked by the permitting authority upon
presentation of evidence that a recycling collection center is not
maintained in a safe and sanitary manner.
5. Recycling collection centers shall be developed and operated in accordance
-- with the Design Standards for recycling centers as adopted by the City
Council.
6. The regulations set forth in this section shall also apply to recycling
-- facilities in existence prior to adoption of this ordinance. Existing
facilities shall have 60 days from the date of adoption to obtain required
discretionary permits.
WPC 4577P
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EXHIBIT .B
What are Rever e .:.-. -..,.
V di
Machinei?
accept one or more types of empty beverage containers and .....~.x,i,~a~a~"- -'~ ~.4,_~,~ ' . .:, ·
issue a cash refund or redeemable coupon. Some machines .- · · i.
will also dispense coupons and promotional materials. The :-' ?:'; ,..'./~~~.,. ~ r .
machines identify containers by reading the bar code, scan-
ning the shape, or by other methods. '
There are two main types of reverse vending machines:
single-feed and bulk-feed. Single-feed machines resemble ~ . . ..... '.-9~-'.~w?~,~:~:, ~ '' '~''-
soda vending machines in s~ze and appearance. They accept
one container at a time. count the containers, and pay the
,': e Bulk reverse vending machine br aluminum cans. An addi.'
~ z:-: tional machine will be used for gl~s and ploz£ic.
consumer by number of containers deposited. One machine
may take aluminum, glass, and plastic containers or there
may be a separate machine for each material.
Bulk reverse vending machines are substantially larger.
They accept several containers at once, usually pay by weight,
and will hold a substantially larger amount than a single-feed
reverse vending machine. Because of their larger size, parking
lot placement, and noise, bulk vending machines are treated
in the model ordinance as small collectors.
Single-feed reverse vending machine which accepts aluminum
cans, glass bottles, and plastic b0rr/es in the same machine.
EXHIBIT C
DESIGN STANDARDS FOR RECYCLING COLLECTION CENTERS
Definitions
A. Recycling Collection Center A center for the acceptance by donation,
redemption, or purchase of recyclable materials from the public. Such
materials are limited to empty beverage containers and/or paper, except
that collection of refuse or hazardous materials is expressly prohibited.
A recycling collection facility does not include storage containers or
processing activity located on the premises of a commercial or industrial
which is used solely for the recycling of material generated by that
business or manufacturer. Recycling collection centers do not use power
driven processing equipment except as indicated in the Design Standards.
B. Reverse Vending Machine{s) - A reverse vending machine is an automated
mechanical device which accepts one or more types of empty beverage
containers including, but not limited to aluminum cans, glass and plastic
bottles, and issues a cash refund or a redeemable credit slip with a value
not less than the container's redemption value as determined by the
state. A reverse vending machine may sort and process containers
mechanically provided that the entire process is enclosed within the
machine. In order to accept and temporarily store all three container
types in a proportion commensurate with their relative redemption rates,
and to meet the requirements of certification as a recycling facility,
multiple groups of reverse vending machines may be necessary, but shall
not exceed 150 square feet of floor area.
C. Small collection facility - A recycling collection center which occupies
an area of not more than 300 square feet, and may include:
1. A Mobile Recycling Unit meaning an automobile, truck, trailer or van,
licensed by the Department of Motor Vehicles which is used for the
collection of recyclable materials. A mobile recycling unit also
means the bins, boxes or containers transported by trucks, vans, or
trailers, and used for the collection of recyclable materials.
2. Bulk Reverse Vending Machines or a grouping of Reverse Vending
Machines occupying more than 150 square feet, which may be designed
to accept more than one container at a time; or which pays by weight
instead of by container.
3. Kiosk type units which may include permanent structures.
4. Unattended containers placed for the donation of recyclable materials.
D. Larqe collection centers - A recycling collection center which occupies an
area of more than 300 square feet but does not exceed the floor area
equivalent of an occupancy load of 30 persons. Large collection centers
may exist as an accessary or a primary use and may include permanent
structures or buildings. Processing of recyclable materials shall occupy
no more than 25% of the square footage allotted to the collection center
and is limited to baling, briquetting, crushing, compacting, grinding,
shredding and sorting of food and beverage containers and paper for
efficient shipment.
Site Design Criteria
1. Reverse Vending Machines
a. Shall be located within approximately 30 feet of the entrance to
the structure occupied by the primary use and shall not obstruct
pedestrian or vehicular circulation.
b. Shall not occupy parking spaces required by the primary use.
c. Shall occupy no more than 150 square feet of floor space per
building site, including any protective enclosure, and shall be
no more than eight (8) feet in height.
d. Shall be constructed and maintained with durable water proof and
rustproof material.
e. Shall be clearly marked to identify the type of material to be
deposited, operating instructions, and the identity and phone
number of the operator or responsible person to call if the
machine is inoperative.
f. Shall have a sign area of a maximum of two 12) square feet per
machine, exclusive of operating instructions.
g. Shall be maintained in a clean, litter-free condition at all
times.
h. Operating hours shall be at least the operating hours of the
host use.
2. Small Collection Facilities
a. Shall not be located within the front yard setback established
by the zone, and shall not be so located as to obstruct
pedestrian or vehicular circulation.
b. Shall use no power-driven processing equipment except for
reverse vending machines.
c. Shall use containers that are constructed and maintained with
durable waterproof and rustproof material, covered when site is
not attended, secured from unauthorized entry or removal of
material, and shall be of a capacity sufficient to accommodate
materials collected and collection schedule.
d. All recyclable material shall be stored in containers or in the
mobile unit vehicle, and shall not leave materials outside of
containers when attendant is not present.
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e. The sites shall be maintained free of litter and any other
undesirable materials; mobile facilities, at which trucks or
containers are removed at the end of each collection day shall
be cleaned at the end of each collection day.
f. Facilities shall operate in compliance with the noise and
performance standards outlined in Chapter 19.68 of the Municipal
Code.
g. Attended facilities located within approximately 100 feet of a
property zoned or occupied for residential use shall operate
only during the hours between 9:00 a.m. and 7:00 p.m.
h. Containers for the 24-hour donation of materials shall be at
least 30 feet from any property zoned or occupied for
residential use unless there is a recognized service corridor
and acoustical shielding between the containers and the
residential use.
i. Containers shall be clearly marked to identify the type of
material which may be deposited; the facility shall be clearly
marked to identify the name and telephone number of the facility
operator and the hours of operation, and display a notice
stating that no material shall be left outside the recycling
enclosure or containers.
All signs must be approved by the Zoning Administrator in
conjunction with approval of the conditional use permit prior to
installation on the site.
k. The facility shall not impair the landscaping required for the
primary use. A landscape plan for the collection center may be
required at the discretion of the Zoning Administrator, and is
subject to review and approval by the City Landscape Architect.
1. One parking space for each employee of the collection facility
is required to be provided in addition to the required parking
for the primary use.
m. The collection facility shall not occupy parking spaces provided
to fulfill the minimum number required for all uses located on
the property.
n. Screening of small collection facilities and aesthetic or
architectural treatment may be required by the Zoning
Administrator as deemed appropriate.
o. If the facility becomes inoperative for a period of 30 days or
more, the collection facility shall be removed from the site.
3. Large Collection Facilities
a. Large collection facilities shall be screened from the public
right-of-way by operating in an enclosed building or:
1. Within an area enclosed by a decorative view obscuring
fence or wall at least six (6) feet in height with
landscaping;
2. At least 150 feet from property zoned or planned for
residential use; and
3. Meets all applicable noise and performance standards
outlined in Chapter 19.68 of the Municipal Code.
b. Required setbacks shall be those required by the zone in which
the center is located.
c. All exterior storage of material shall be in sturdy containers
which are covered, secured, and maintained in good condition.
Storage containers for flammable materials shall be constructed
of non-flammable material. No storage, shall be visible above
the hight of the fencing.
d. One parking space shall be provided for each commercial vehicle
operated by the recycling facility, in addition to required
parking in accordance with parking standards for retail sales
uses.
e. The site shall be maintained free of litter and any other
undesirable materials, and will be kept free of loose debris at
all times.
f. Large collection facilities shall conform to the noise and
performance standards outlined in Chapter 19.68 of the Municipal
Code.
g. If the facility is located within 500 feet of property zoned,
planned or occupied for residential use, it shall not be in
operation between 7:00 p.m. and 7:00 a.m.
h. Any containers provided for after-hours donation of recyclable
materials will be at least 50 feet from any property zoned or
occupied for residential use, shall be of sturdy, rustproof
construction, shall have sufficient capacity to accommodate
materials collected, and shall be secure from unauthorized entry
or removal of materials.
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i. Donation areas will be kept free of litter and any other
undesirable material, and the containers will be clearly marked
to identify the type of material that may be deposited; the
facility shall display a notice stating that no material shall
be left outside the recycling containers.
j. The facility will be clearly marked with the name and phone
number of the facility operator and the hours of operation;
identification and information signs will meet the standards of
the zone.
k. All power driven processing shall be conducted within an
enclosed building.
1. All large collection facilities shall be landscaped in
accordance with the City Landscape Manual and shall submit a
landscape plan for review and approval by the City Landscape
Architect, in conjunction with processing of a conditional use
permit.
m. Large collection facilities and signs associated with the
facility are subject to review and approval by the Design Review
Committee.
WPC 4506P
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