HomeMy WebLinkAboutPlanning Commission Minutes 2011/05/25 MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p,m. 276 Fourth Avenue
May 25, 2011 Chula Vista, California
CALL TO ORDER:
ROLL CALL /MOTION TO EXCUSE:
Members Present: Spethman, Liuag, Bringas, Tripp, Felber, Vinson
Member Absent: Moctezuma
MSC (Tripp/Felber) (6-0-0-1) to excuse Cmr. Moctezuma. Motion carried.
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE:
APPROVAL OF MINUTES: March 9, 2011
Postponed to next regular meeting due to a lack four members being present who are able to
vote on the minutes,
INTRODUCTORY REMARKS: Read into the record by Chair Spethman
ORAL COMMUNICATION: No public input
CONSENT ITEMS: None
REPORT:
1. Information Item: Introduction of City Attorney Glen Googins.
City Attorney Googins addressed the Commission and offered his services and that of his
department's
2.. Public Hearing: PCM 04-10; Consideration of the City of Chula Vista Historic
Preservation Program and Historic Preservation Ordinance i
and consideration of and recommendation to the City
Council to amend Chula Vista Municipal Code Chapter
19.56 concerning modifying districts„
Background: Ed Batchelder, Advance Planning Manager stated the Historic Preservation
Program is the culmination of a comprehensive program that went through an exhaustive
Planning Commission Minutes - 2 - May 25, 2011
public outreach effort and input from an advisory committee, He stated it's fitting that the
completion of the program should be on the City's Centennial celebration, Mr. Batchelder
introduced the Marilyn Ponseggi and Lynette Tessitore-Lopez, project managers
Marilyn Ponseggi stated that in May 2007 the City Council approved a work program and
directed staff to prepare a Historic Preservation Program and Ordinance that's consistent
with the City's General Plan, a program and ordinance that would qualify as a Certified Local
Government status in accordance with State and Federal laws pertaining to historic
preservation.
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Lynette Tessitore-Lopez gave an overview of the ordinance and expanded on the seven key
sections of the ordinance that are intended to lead the user through the historic
preservation process; they are:
• Definitions
• Historical Resource Surveys
• Designation of Historical Resources
• Historic Preservation Districts
• Alterations of Historic Resources
• Demolition of Historical Resources I
• Incentives and Benefits
Ms Lopez stated that the ordinance has an extensive Definitions section to assist the user in
understanding the terms used throughout the Ordinance and program; they are: 1)
Potential Historical Resource, 2) Eligible Historical Resource, 3) Historical Resource, 4) Minor
Alterations, and 5) Major Alterations,
Staff Recommendation: that the Planning Commission:
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1 Consider the proposed Historic Preservation Program, Historic Preservation Ordinance
and other implementing ordinances and provide comments to the City Council; and
2, Approve Resolution PCM 04-10 recommending that City Council amend Chula Vista
Municipal Code Chapter 1956 by adopting Municipal Code section 19.56..300 entitled
Historic Preservation Modifying district -Purpose and Section 1956310 Historic j
Preservation Modifying District-Application.
Public Hearing Opened
Kevin O'Neill stated he served as Chair of the Citizens Advisory Committee and gave an
overview of compromises that were made by both parties in finalizing the HPP and
Ordinance He added that contrary to detractors' belief that the ordinance isn't needed
because we already have CEQA guidelines, the City is better off having an Ordinance that
clearly defines what the parameters and guidelines are, Additionally, the Ordinance
Planning Commission Minutes - 3 - May 25, 2011
enables the City to acquire Certified Local Government Status, to be able to apply for
funding, as well as move forward with conducting the historical resource survey,
He urged the Commission to recommend approval of the ordinance, with an additional
recommendation that it's implementation be held in abeyance until such time as frontline
counter staff and Zoning Administrator are trained and the historical resource survey is
completed
He also recommended that any denial of a building permit or by the HPAC be appealable to
the City Council without additional cost
Glenda Devaney stated the community overwhelmingly supports a historic program, as
evidenced by the success and attendance of the recent Centennial Historical Home Tour;
she urged the Commission's recommendation to approve the program and ordinance.
Imozelle McVeigh stated the delay in finalizing the HPP has come at a cost and diminished
the inventory of historical resources because some homes have been destroyed or
remodeled beyond recognition from its original design. She urged the Commission's
recommendation for approval.
Susan Walter stated the Mills Act allowed them a break in the cost of reroofing, termiting,
and maintenance work on their home, which otherwise they could not have afforded to do
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James McVeigh stated that this ordinance strikes a balance between property owner rights
and the need to preserve historic resources; he urged the Commission to recommend to the ~
City Council approval of the Ordinance
Peter Watry echoed Mr, McVeigh's statement and stated the program and ordinance is a
fine example of two groups with opposing passions coming together and compromising for
the betterment of the community
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Coreen McCall stated overwhelming support of the ordinance, but expressed reservation
and would request further research on the issue of owner-consent regarding the eligibility
of historic designation of these properties,
In addition, in her opinion, the fine of $10K for the unlawful demolition of a historic i
property is not high enough to be a deterrent, The City of San Diego fine is $75K and they
are considering raising it to be a fine equal to the cost of reconstruction.
Ellie Mello, representing Pacific Southwest Assoc, of Realtors stated they oppose the
ordinance as written, are of the opinion that it undermines individual private property
rights and believe there is room for improvement in the ordinance.. Ms Mello also stated
that realtors need to disclose an accurate and current property profile to their clients and
Planning Commission Minutes - 4 - May 25, 2011
urged that the City move forward to conduct the survey identifying historical resources as
soon as possible
Public Hearing Closed,
Commission Comments:
Cmr, Felber stated that Section 21 OS 060 addressing fines and penalties for delisting at no
fault of the property owner has a connotation of doing something wrong, The language
reads that the ZA or HPC may make a recommendation to waive fines and penalties.. If it's
at no fault of the property owner, the language should read that the fines and penalties
shall be waived. Cmr, Felber further added that there should be no fees for appealing a
denial of the ZA or HPC
Cmr. Vinson wished to go on record that he opposes anything that infringes on individual
property rights and for that reason he cannot support making a recommendation to City
Council to approve the ordinance and program,
MSC (Tripp/ )that the Planning Commission approve PCM 04-10 Consideration of the
City of Chula Vista Historic Preservation Program and Historic Preservation Ordinance and
consideration of and recommendation to the City Council to amend Chula Vista Municipal
Code Chapter 19.56 concerning modifying districts. Motion failed for lack of a second..
Attorney Shirey clarified that the Planning Commission's jurisdiction is related to making a
recommendation to Council on Title 19 Historic Preservation Modifying District and they
can take formal action by way of a motion approving Resolution PCM 04-10
He further clarified that even though the Planning Commission does not have jurisdiction to
recommend approval on the overall Historic Preservation Program, they could offer a ~
courtesy motion indicating their approval or not on the overall program,
MSC (Tripp/Felber)(5-1-0-1) that the Planning Commission approve Resolution PCM
recommending that the City Council amend Chula Vista Municipal Code Chapter 19..56 by
adopting Municipal Code Section 19„56.300 entitled Historic Preservation Modifying
District -Purpose; and Section 19..56.310 Historic Preservation Modifying District -
Application, with a caveat stating that their recommendation is contingent upon the RCC
recommending approval of the Historic Preservation Program and Historic Preservation
Ordinance. Motion carried with Cmr„ Vinson voting against the motion.
MSC (Felber/liuag) (5-1-0-1) that the Planning Commission make a recommendation to
the City Council that they consider not assessing fines and penalties for delisting if it is
found that the cause of delisting is no fault of the property owner. Motion carried with
Cmr. Vinson voting against the motion.
Planning Commission Minutes - 5 - May 25, 2011
Adjournment at 8:25 to a Planning Commission meeting on June 8, 2011
Diana Vargas, Secretary to the tanning Commission
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