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HomeMy WebLinkAboutPlanning Comm Reports/1988/02/24 AGENDA City Planning Commission Chula Vista, California Wednesday, February 24, 1988 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL OF MINUTES - Meeting of January 13, 1988 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: PCM-88-15: Consideration of an amendment to Chapters 6.04 and 6.08 of the Municipal Code relating to number of dogs/cats allowed on residential properties (Continued) 2. PUBLIC HEARING: PCZ-88-H(M) - Consideration to rezone at 587 Moss Street from RU-29 residential to S-86 parking - Sundancer Lounge, Inc. 3. REPORT: Formation of proposed Open Space District No. 18 - Rancho del Sur DIRECTOR"S COMMENTS COMMISSION COMMENTS ADJOURNMENT AT to the Regular Business Meeting of March 9, 1988 at 7:00 p.m. in the Council Chambers TO: City Planning Commission FROM: George Krempl, Director of Planning SUBJECT: Staff Report on Agenda Items for Planning Commission Meeting of February 24, 1988 1. PUBLIC HEARING: PCM-88-15 - Consideration of proposed amendments to Chapters 6.04 and 6.08 of the Municipal Code relating to the number of do§s and cats permitted on residential properties (continued) A. BACKGROUND This item was originally continued by the Commission from the meeting of January 13, 1988, with direction for staff to consider additional provisions and further input from the Senior Animal Control Officer. The item was continued again from the meeting of February 10 while staff worked out details of several proposed revisions to the draft ordinance. It now appears the proposed changes will effect other sections of the Municipal Code, which will require that the item be renoticed. Consequently, we recommend a continuance to the meeting of March 23, 1988. B. RECOMMENDATION Adopt a motion to continue PCM-88-15 to the meeting of March 23, 1988. City Planning Commission Agenda Items for Heeting of February 24, 1988 Page 1 2. PUBLIC HEARING: PCZ-88-H(M) - Consideration to rezone at 58? Moss Street from RU-29 residential to S-86 parking - Sundancer Lounge, Inc. A. BACKGROUMD 1. The applicant, Sundancer Lounge, Inc., has purchased the property at 1011 Broadway and at 587 Moss Street for the purpose of reopening a cocktail lounge which had been in operation for a number of years, but has been vacant since March of 1986. The cocktail lounge, located at lO11 Broadway is zoned C-36, a general commercial zone, while the property at 587 Moss Street, which is contiguous to the rear of the cocktail lounge property, is zoned RU-29, a multi-family residential zone. The lot at 587 Moss Street is paved to provide parking for the cocktail lounge, and contains a dwelling unit that had been converted to storage. The applicant is requesting rezoning of the property at 587 Moss Street in order to provide adequate parking for the cocktail lounge under current zoning standards. 2. An Initial Study, IS-88-42M of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on February 5, 1988, who concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. 3. The Montgomery Planning Committee, at their meeting of February 17, 1988, voted 5-0 with two members absent to recommend approval of the rezone application with the design review special area regulation designator outlined in the staff recommendation. B. RECOMMENDATION 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-88-42. 2. Adopt a motion recommending that the City Council enact an ordinance to change the zone currently in effect at 587 Moss Street from RU-29, residential to S-86 parking, adding the Design Review special area regulation designator regulating parking, landscaping, vehicular circulation, fencing, and street improvements. C. DISCUSSION Adjacent zoning and land use. North C-T-P commercial center, apartments South C-36, RU-29 cocktail lounge, apartments East RU-29 duplex, apartments West C-36 auto sales/repair, cocktail lounge City Planning Commission Agenda Items for Meeting of February 24, 1988 Page 2 Existing site characteristics. The proposed rezone area is a paved, level, rectangular lot of 8,300 square feet which contains one dwelling surrounded by a six foot wood fence. A duplex is located on the east side of the lot, approximately six feet from the property line. A car sales and repair facility is located west of the property and is separated from the rezone area by a six foot chain link fence. The lot connects with the cocktail lounge located at lO11 Broadway along the rear portion of the western property boundary. General plan. The Montgomery Specific Plan, adopted by the City Council on January 12, 1988, designates this property as High Density Residential. The S-86 zone is a parking zone which, in the opinion of staff, conforms to the High Density Residential Land Use designation when applied to areas located along the boundary of two potentially conflicting land uses. ANALYSIS At the Council meeting of December 2, 19~7, an appeal of a denial of a dance permit was considered to operate a cocktail lounge with dancing at lO11 Broadway. At their meeting of December 4, Council granted the appeal presented by Mr. Tom Horning, subject to the Planning Director's determination that the premises as existing or perhaps modified by the new owner, met all the required parking and other requirements of the zoning ordinance. Upon reviewing a site plan submitted by Mr. Horning, it was determined that the parking to be provided for the lounge did not meet current zoning requirements and design standards. Landscaping proposed for the parking lot does not meet the standards outlined in the City Landscape manual; a landscape plan for the site should be prepared which provides a deeper buffer between the parking lot and adjacent residential uses, some of which are only 6 feet from the property line. The site plan lacks provision for a trash enclosure and parking should be redesigned for better vehicular circulation. Based on a gross floor area of approximately 4,000 square feet, the ordinance requires 12 spaces per thousand square feet of building for a total of 48 standard spaces. The plot plan indicated 49 spaces available, however, the 8,300 square foot parcel containing 18 of those spaces is located within an RU-29 residential zone. Parking for commercial uses is not permitted within residential zones and there is no record of a permit, variance or other authorization for parking uses on file either with the City or the County. The parcel had originally contained a duplex and is assigned an address separate from that of the cocktail lounge 1587 Moss Street). Before the cocktail lounge could be fully reutilized, a rezone from RU-29 to S-86 would need to be approved for the parcel at 587 Moss Street. City Planning Commission Agenda Items for Meeting of February 24, 1988 Page 3 The S-86 zone is a parking zone which permits parking for uses adjacent to the site on contiguous lots {see Exhibit A). Commercial activities cannot be conducted on the lot without amending the Montgomery Specific Plan to a commercial land use designation for this parcel. The S-86 zone conforms with the High Density Residential land use designation since it occurs at a boundary between two potentially conflicting zones and can assure a physical separation between existing apartments and commercial establishments. Staff has reviewed the rezone application and recommends that the rezone be approved with appropriate provisions for administrative site plan review to insure that City standards for parking configuration, access, landscaping and adequate separation from adjacent residential uses are met. This can be provided by applying a design review designation to the development regulations for the S-86 zone. The zoning ordinance for Montgomery is structured so that each zone contains development designators that specify the nature of development regulations to be employed for uses permitted by the zone. Special area regulations can also be included in the development regulations which insure that consideration is provided to areas of special interest. The development designators and special area regulations are symbolized by letters and arranged within a "zone box." The development regulations recommended by staff are summarized in the table below. Designator Symbol Explanation Use Regulations S-86 Parking zone Neighborhood Regulations Q Animal regulations Density Not applicable Lot Size Not applicable Building Type A No buildings allowed other than accessory or or secondary structures Maximum Floor Area Not applicable Floor Area Ratio Not applicable Height A 1 story, 15 feet maximum Coverage Not applicable Setback 0 Front setback - 50 feet from centerline Side setback - 0-5 feet Rear setback - 15 feet Open Space Not applicable Special Area Regs. D Site plan approval required; parking, landscape, fencing, circulation, street improvements City Planning Commission Agenda Items for Meeting of February 24, 1988 Page 4 The "D" designator recommended by staff under special area regulations would require site plan approval prior to use of the parcel. The ordinance applying the S-86 zone with the "D" designator would contain a statement that adequate buffers shall be provided between commercial and residential uses, through site plan review to evaluate parking, landscaping, fencing, any proposed accessory buil dings, vehicular circulation and street improvements. Site plan review can be accomplished at staff level by the Planning Director with an appeal process through the Montgomery Planning Committee, Planning Commission, and Council, if necessary. In summary, staff is of the opinion that rezoning to an S-86 parking zone could serve to provide required parking in order to allow continued operation of the cocktail lounge without perpetuating the potential for disturbing residences located in close proximity to the lot. The requirement for approval of a site plan provided by the "D" design review designator would insure that sufficient buffering and separation of uses takes place. WPC 4801P EXHIBIT A 2860 S86 PARKING USE REGULATIONS 2860 INTENT. The provisions of Section 2860 through Section 2869, inclusive, shall be knowq as the S86 Parking Use Regulations. The S86 Use Regulations are intended to identify and create areas for automotive parking in associa- tion with another dominant land use. Typically, the S86 Use Regulation would be applied to assure a physical separation between one type of use and another, or to accon~nodate off-street parking requirements for com- mercial or industrial uses. Various applications of the S86 Use Regula- tions with appropriate development designators can create small buffer areas between uses or large parking areas designed to satisfy parking needs of a major commercial or industrial complex. 2862 PERMITTED USES. The following use types are permitted by the S86 Use Regulations: a. Civic Use Types. Essential Services Pire Protection Services (see Section 6905) Parking Services b. Commercial Use Types. Automotive and Equipment: Parking (Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) 2863 PERMITTED USES SUBJECT TO LIMITATIONS. The following use types are permitted by the S86 Use Regulations subject to the applicable provisions of Section 2980. The number in quotes following the use type refers to the subsection of Section 2980 which applies. a. Commercial Use Types. Recycling Collection Center "3" (Added by Ord. No. 6924 (N.S.) adopted 2-20-85) 2864 USES SUBJECT TO A MINOR USE PERMIT. The following use types are permitted by the S86 Use Regulations upon issuance of a Minor Use Permit. 34}5 a. Civic Use Types. Minor Impact Utilities {Amended by Ord. No. 5508 {N.S.} adopted 5-16-79) 2865 USES SUBJECT TO A MAJOR USE PERMIT. The following use types are permitted by the S86 Use Regulations upon issuance of a Major Use Permit. a. Extractive Use Types. Site Preparation {Amended by Ord. No. 5508 {N.S.) adopted 5-16-79} 3-85 negative declaration PROJECT NAME: Sundancer Lounge Parking PROJECT LOCATION: 587 Moss Street PROJECT APPLICANT: Sundancer Lounge, Inc. CASE NO: IS 88-42M -DATE: February 5, 1988 A, Project Setting The proposed rezone area is a paved, level, rectangular lot df 8,300 square feet which contains one dwelling surrounded by a six foot wood fence. A duplex is located on the east side of the lot, approximately six feet from' the property llne. A car sales and repair facility is located west of the property and is separated from the rezone area by a six foot chain link fence. The lot is adjacent to the cocktail lounge located at 1011 Broadway along the rear portion of the western property boundary. B. Project Description The applicant~ Sundancer Lounge, Inc., has purchased the property at 1011 Broadway and at 587 Moss Street for the purpose of reopening a cocktail lounge which had been in operation for a number of years, but has been vacant since March of 1986. The cocktail lounge, located at 1011 Broadway is zoned C-36, a general commercial zone. While the property at 587 Moss Street, which is -contiguous to the rear of the cocktail lounge property, is zoned RU-29, a multi-family residential zone. The lot at 587 Moss Street is paved to provide parking for the cocktail lounge, and contains a dwelling unit that had been converted to storage. The applicant is requesting rezoning of the property at 587 Moss Street in order to provide adequate parking for the cocktail lounge under current zoning standards. Street improvements to be required as a standard development requirement, either throu§h building permits or site plan review, would include but not be limited to dedication of 2 feet of right-of-way for frontage along Moss Street, paving, curb, gutter, and sidewalk. C. Compatibility with Zonin~ and Plans The rezone request to an S-86 parking zone conforms to the High Density Residential Land Use desi§nation shown in the Montgomery Specific Plan. D. Identification of Environmental Effects 1. Drainage The proposed project site lies within the boundaries of the 500 year floodplain of the Telegraph Canyon Creek. However, since the parcel at 587 Moss Street does not lie within the 100 year floodplain and_ the proposed parking use involves no buildings, there is no potent~,~ for creation of adverse environmental effects of a significant nat~ city of chuJa vista planning department environmental review section.CHUL/~ E. Findings of Insignificant Impact 1. The proposed parkin~ lot would contain no buildings within the 500 year floodplain and, therefore, will not degrade the quality of the environment. 2. The proposed continuation of parkin§ uses under current zoning and design standards will buffer commercial uses from adjacent residential uses and, therefore, will serve to further lon§ term environmental goals. 3. The parking lot project contains no adverse environmental effects that are cumulative in nature. 4. The parking lot would be separated from adjacent residential uses by a 6 foot wall and will, therefore, not result in substantial adverse effects on human beings. G. Consultation 1. Individuals and Organizations City of Chula Vista: Julie Schillin§, Assistant Planner Roger Daoust, Senior Civil Engineer William Wheeler, Building and Housing Department Carol Gore, Fire Marshal Mike Donnelly, Associate Traffic Engineer 2. Documents 1) Montgomery Specific Plan, 1988 2) Chapter 19.70 of Title 19 (Zoning) of the Chula Vista Municipal Code 3) Federal Emergency Management Agency Flood Boundary and Floodway Map, August 15, 1983 The Initial Study application and evaluation forms documenting the findings of no significant impact are on file and available for public review at the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. WPC 480OP/0175P EN 6 !Rev. 5/85) city of chula vista planning department CFIYOF environmental review section CHULAVI , _ 03 ~ I- z COMMERCIAL CITY OF CHULA VISTA DISCLOSURE STATE.MT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS IWHICH 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. THOMAS A. MORNING DONALD W. RISINGER AND EDITH V. RISINGER SUNDANCER LOUNGE, INC, List the names of all persons having any ownership interest in the property involved. DOnaLD W. RISINGER AND EDITH V. RISINGER 2. If any person identified pursuant to (1) 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. THOP~AS A. MORNING OWNS 100% OF THE OUTSTANDING SNARES OF SUNDANCER LOUNGE, INC, 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. NONE 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 xx If yes, please indicate person(s) IPerson is defined as: "Any individual, firm, copartnership, joint venture, association, soc--6-6-~7 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 combinati,on acting as a/u~it." (NOTE: Attach additional pages as necessary.).~J ~./</~//~ ./~/~,, , ~// /?/~4:~f//~.:./~/ //~"" > 1 / 11 / 8 8 / Signature of applicant/~te SUNDANCER LOUNGE, INC. WPC 070IP THO~S A. HORNItIG A-1lO Print or type name of applicant February 15, 1988 File: OS-019 P TO: George Krempl, Director of Planning /~/ FROM: John P. Lippitt, Director of Public Works Manuel Mollinedo, Director of Parks & Recreation SUBJECT: Report Regarding Formation of Proposed Open Space District No. 18 - Rancho del Sur Attached is a proposed report regarding the formation of the proposed open space district no. 18 (Rancho del Sur). I would like to request that this report be submitted to the Planning Commission at their February 24, 1988 meeting. CST:yc (~MEMOS~DELSUR) REPORT ON PROPOSED OPEN SPACE DISTRICT NO. 18 A. Background: On May 27, 1987 the Planning Commission, by a vote of 6- 0, recommended that the tentative map for Chula Vista Tract 87-8 (Rancho del Sur) not be approved. On July 7, 1987 the City Council approved the tentative map by Resolution No. 13111. Among the conditions of approval of the tentative map was the requirement that the developer request formation of an open space district to assure .maintenance of open space lots within the subdivision. The developer has submitted such a request, indicating the proposed district boundaries, the areas to be maintained and an estimate of the annual cost of maintenance. B. Recommendation: That the Planning Commission adopt a resolution recommending formation of proposed Open Space District No. 18 to the City Council. A public hearing must be held before the City Council before the district can be formed. C. Discussion: The boundary of the proposed open space district is the boundary of Chula Vista Tract 87-8, except that Lot "K" shall be excluded from the district, as shown on Exhibit "A". The areas to be maintained by open space maintenance contract consist of eight open space lots containing approximately 32.4 acres of natural or landscaped open space and landscaped medians and parkway in Medical Center Drive and East Naples Street (see Exhibit "B"). The estimated annual cost of maintaining the open space is $92,434.00 including administration costs incurred by the city. The proposed district will contain 285 single family residential lots, one multi-family residential lot containing 200 apartment units and two lots that are expected to be developed commercially. The proposed distribution of assessments is shown in attachment "C". For purposes of distributing assessments, a single family lot is 1.0 assessment unit and an apartment is 0.5 assessment unit. This is the same relationship that was used in the Hidden Vista Open Space District, which also contained several different land uses. The estimated annual assessment for a typical single family lot would be approximately $240.09. Lot "K" , which is a portion of the right-of-way of Old Telegraph Canyon Road, contains so many utilities (sewer, water, electric and telephone) that the only practical use is to supplement parking for the adjacent businesses. This lot will probably never be developable and therefore will derive no benefit from open space maintenance. It is recommended that lot "K" be deleted from the district. Lot 2 is located between Medical Center Drive and the property to the east, which is owned by the Chula Vista School District. The lot is too narrow to be developed by itself. Development of this lot will likely be in conjunction with the adjacent property. It is recommended that this property not be assessed until such time as it is developed. At that time, the development should be reviewed to determine if the overall development should be within the district. All open space lots conform to the criteria contained in Section 17.08.020 of the Municipal Code. None of the lots will be maintained by a homeowners' association. Said lots will be granted to the City in conjunction with approval of Subdivision Maps for the project. CST:yc/ljr/a (A~REPORTS~OPNSPC) PARCEL MAP .OPEN SPACE LOT~: ~xlE 1~4 SEC §7 LEGAL DESCRIPTION EXHIBIT 'A' ' ..... :' c~,.,,~,~,~,,,,~.~.',,. .. ..... RANCHO DEL SUR PHASE December 10, 1987 EXNIBIT "B" SUNBOW - PHASE 1 ANNUAL MAINTENANCE COST ESTIMATE AREA COST MONTHLY SF - AC SF/MTH MAINT. COST PARKWAY/MEDIAN/ llg,354SF-2.74AC $ .O175/MTH $ 2,089.00 STREET L2NDSCAPE OTHER IRRIGATED 522,720SF-12AC $ .O07/MTH $ 3,659.00 LANDSCAPE AREA IRRIGATED HYDROSEED 95,832SF-2.2AC $ .O025/MTH $ 239.00 AREAS NATURAL LANDSCAPED 6FO,370SF-15.16AC $ .O02/MTH $ 1,320.00 OPEN AREAS SOURCE OF MAINTENANCE COST FIGURES: ENVIRONMENTAL CARE INCORP. TOTAL ESTI~IATED ANNUAL MAINTENANCE COST: $87,684.00 ESTI~ATED ANNUAl ADMINISTRATIVE COST: 4,750.00 ESTIMATED TOTAL ANNUAL COST: $92,43~.00 WPC 3580E EXHIBIT "C" Estimated Annual Assessment Assessment Assessment Residential Unit Factor Units Per Unit lotal 2e~ SFD 1.0 285 240.09 $68,425.D0 ?~0 Apt (Lot 1} 0.5 100 240.09 24,009.00 Assessment Assessment Assessment Assessment Commercial Unit Factor Units Per Unit Total Lot K (.~1 acre) Lot ? (?.55 acres) 0 0 $ 0 $ 0 $92,434 Annual ~aintenance Cost $~2,43~ = $240.09 per unit per year Number of Assessment Units 385 WPC 3F,BOE