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Home My WebLink About09/25/2013 Planning Commission Minutes\i 51 CHULAYISFA C hula Viista Boards & Commissions Planning Commission MM a REGULAR MEETING OF THE CITY OF CHULA VISTA PLANNING COMMISSION September 25, 2013 6:00 p.m. CALL TO ORDER At 6:04 p.m. Council Chambers Public Services Bldg 100 276 Fourth Avenue ROLL CALL: Commissioners Anaya, Calvo, Livag, Spethman, Vinson and Chair Moctezuma Members Present: Calvo, Livag, Spethman, and Chair Moctezuma Members Absent: Anaya and Vinson MOTIONS TO EXCUSE: Commissioners Anaya and Vinson MSC: Spethman/Livag Motion passed 4 -0 -2 -0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: 1 Approval of Minutes June 26, 2013 July 10, 2013 July 24, 2013 PUBLIC COMMENTS: There were none no quorum available to approve no quorum available to approve MSC: Spethman / Calvo Approved: 4 -0 -2 -0 2 Public Hearing: PCZ- 12 -03: Consideration of a Rezone involving two (2) lots, totaling 0.38 acres, located on the north side of Alvarado Street, between Third and Del Mar Avenues, from Multi - Family Residential (R -3) to Urban Core -1 (UC -1). The applicant and property owner is Sweetwater Union High School District. INTRODUCTION The parcels described above are owned by Sweetwater Union High School District (District) and are part of a larger mixed -use development proposal, for which the applicant is processing a Design Review Permit (DRC- 12 -15), an Environmental Review (IS -12 -002) and a Tentative Map (PCS- 12 -06). Planning Commission Agenda September 25, 2013 Page -2- This project is going through the consolidated review process, in accordance with the Consolidation of Processing regulations contained in Municipal Code Section 19.14.050(C). The decision to approve, conditionally approve, or deny the project will be consolidated to the highest decision maker, which is the City Council. The exception is the rezone portion of the development proposal, and that action requires a Planning Commission hearing in addition to the City Council decision. The Cummings Initiative The Cummings Initiative was approved in 1988 (Ordinance 2309) and provides a means of controlling residential growth to keep pace with infrastructure needs. In accordance with the ordinance, rezoning of property designated for residential development is permitted only to the next highest residential density category in any two -year period according to the following schedule: A Agricultural R -E Residential Estate Zone R -1 Single Family Residential Zone R -2 One- and Two- Family Residential Zone R -3 Apartment Residential Zone When the UCSP was approved in April 2007, the City Council deferred the rezoning of numerous properties that were residentially zoned or had mobile home or trailer parks located on the property. Since the deferral, staff has begun a preliminary analysis of the residentially zoned properties and their potential up- zoning for compliance with CVMC 19.80 (Cummings Initiative). The Cummings Initiative did not anticipate a higher residential zone than R -3, nor did it account for mixed -use zoning. Since 1988, several changes have taken place that ensure the City's growth does not impact environmental quality or the quality of life in general: • Development impact fees have been instituted (and are updated regularly), ensuring new development pays its fair share of infrastructure costs in a timely manner. Impact fees are based on anticipated infrastructure needs such as roads, police, libraries, sewer and parks. • In 2005, the City of Chula Vista's General Plan was updated, redefining the City's vision and establishing strategies to achieve community goals for development. • Two years later, the Urban Core Specific Plan was adopted, to implement the vision for the Urban Core Subarea portion of the General Plan. The tools are in place to plan and control the rate of residential growth; however, since the Cummings Ordinance is still in place, an analysis is done for zoning modifications to ensure compliance with the municipal code. RECOMMENDATION: That the Planning Commission adopt Resolution PCZ- 12 -03, Planning Commission Agenda September 25, 2013 Page -3- recommending that the City Council amend the Zoning Map established by Chula Vista Municipal Code (CVMC) Section 19.18.010 to rezone 2 multi - family lots located on the north side of Alvarado Street (APNs 568 - 511 -18 and 568 - 511 -19) from an existing Multi - Family Residential Zone (R -3) to an Urban Core Zone (UC -1), based on the findings contained in the attached Planning Commission Resolution. DISCUSSION /QUESTIONS TO STAFF: There was discussion, initiated by Commissioner Calvo, regarding the Cummings Initiative and the possible need to update the City's Zoning Ordinance. Deputy City Attorney Shirey advised the Board that the Attorney's Office did not fully vet this project Cumming's Initiative. We are not totally confident that we can go to this zoning without amending the Cumming's Initiative. However, the zoning is in the General Plan, but it is the same issue that could have been litigated five years ago. At this time, the Attorney's Office is o.k. with the project going forward if the applicant is. Commissioner Calvo is concerned that future projects will have the same problem with rezoning if the Ordinance is not changed. Attorney Shirey stated that when the Cummings Initiative was passed, there was a provision that, with a 5 -0 vote of the Council, the initative could be changed. The recommendation of staff and the Attorney's Office, to Council, would be to amend the Cummings Initiative. Without doing that, there is the same risk as in previous years of legal action being taken by the public. PUBLIC HEARING OPENED Deacon Greg Smith, St. Rose of Lima spoke in favor of the project. Luanne Hulsizer, Executive Director — Third Avenue Village Association — spoke in favor of the project. She also presented a letter of support dated May 1, 2013 that had been directed to Mayor Cox. Kevin O'Neill, resident, spoke in favor of the project. Dan Rosenberg, Gateway Chula Vista Building, spoke in favor of the project. PUBLIC HEARING CLOSED COMMISSIONER COMMENTS /QUESTIONS Commissioner Spethman spoke in support of revitalizing Third Avenue and having a residential component to jump start a fantastic opportunity. Commissioner Calvo reiterated that she is not opposed to the project, but that the zoning issue jumped out and caught her attention. She said that she believes the City should look into the rezoning issues as the same issues may come up in the future. Planning Commission Agenda September 25, 2013 Page -4- MSC (Spethman /Livag) to support PCA -12 -03 Motion carried 4 -0 -2 -0 ( Calvo, Livag, Moctezuma, Spethman) OTHER BUSINESS 2 DIRECTOR'S REPORT ISSUE The prevalence of food trucks in Chula Vista has increased over the past couple of years. In response to citizen complaints about their increased operation, the City Council issued a joint referral to the City Manager and City Attorney's Office. Assistant Director of Development Services, Eric Crockett, presented a memo that responds to this referral and presented staff s initial recommendations on the matter. City staff feels that updating the Municipal Code now with standard regulations that many other cities employ is a good way to begin regulating these businesses. Enacting these code updates now would mean that food trucks would be subject to some level of regulation sooner than later. A proposed Ordinance change was presented to the Board. Kevin O'Neill, a resident, spoke in favor of the Ordinance change. There was discussion about requiring 1) a special driver's license 2) collection of sales tax 3) Health Department Ratings 4) Food worker Cards and 5) business licenses. 3. COMMISSION COMMENTS: Commissioner Spethman joked that he seriously thought tonight would be his last meeting. Council is doing final interviews for a replacement and filling of the vacant seat. Chair Moctezuma said that it had been a pleasure working with Commissioner Spethman and the entirety of the Board confirmed the comment. ADJOURNMENT at 6:51 p.m. to the next Regular Planning Commission Meeting on October 9, 2013, at 6:00 p.m., in the Council Chambers. Sijb itted by: Patricia Laugh m, Boar _ ecretary Minutes Approved: February 12, 2014 — with addition of comma between Anaya & Calvo MSC: Calvo /Livag 6 -0 -1 -0 (Vinson absent)