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HomeMy WebLinkAboutItem 4a - Letter from J. MootPat Laughlin Subject: LCP amendment. Planning Commision From: John S. Moot [mailto:johnm @ssbclaw.com] Sent: Wednesday, June 04, 2014 8:44 AM To: Michael Shirey Subject: FW: LCP amendment. Planning Commision I will be out of town for the Planning Commission hearing on the 11th Thanks. From: John S. Moot Sent: Wednesday, April 02, 2014 12:00 PM To: 'mtapia @ci.chula - vista.ca.us' Subject: FW: LCP amendment. Miguel, Can you make sure my comments get included . I sent an e-mail to Steve Powers but got no response back. Could you please send me a hotlink to view the documents. The 44 high limit on parcel L is somewhat confusing as SDG &E just got a coastal permit to build a substation that has several structures that exceed this height limit and the fact that there was no height limit on this parcel has been known for a long time To now approve a height limit after permits have been obtained from the Coastal Commission which exceed the limit does not make sense. If the City is going to fix the LCP for this area it should do so to reflect what actually are now the uses and intended or anticipated uses in this Otay District. First the LCP should be amended to go back to the language of the LCP that required high voltage transmission lines be placed underground which the Council voted for in 2010 and then somehow got changed before it was sent back to the Coastal Commission for approval in 2012. From the recent CDP application it appears SDG &E in the future plans to add additional 230 kv power lines and poles on the bay front' . As reflected in the recent Coastal Commission hearing the changed language was insufficient to persuade the Coastal Commission to underground the new 230 lines as their General Counsel cited the existing, changed language as an "objective" whereas the original was a mandatory "policy ". Additionally, the EIR and CC staff report make it clear that except for SDG &E substation the uses in the OTAY District are clearly not industrial . The Aug 12 2012 report back from the Coastal Commission as well as the EIR for the substation show the parcels in the Otay District to include Community Health Group, Pima Medical Group, Laing office building, Furniture Warehouse , and mostly commercial retail uses on parcels 3 -f,3 -g and 3 -h. With SDG &E raising the grade on their property which is west of Bay Blvd by approximately 10 feet and building structures exceeding the 44 foot height restriction a blighting influence will discourage further development in this area unless the land use designation are corrected to reflect the current actually uses and those planned for in the CVBMP. There is currently an extensive green belt still part of the Port Master Plan for the entire length of the Otay District west of Bay Blvd and a continued industrial designation for the Otay district is simple not realistic or consistent with the current ,planned and realistic future uses given the transformation of the bay front . Please include me on ant notices for this LCP. I would also recommend that members of Southwest Civic Association be given notice as well. John S. Moot Schwartz Semerdjian Ballard & Cauley LLP 101 West Broadway, Suite 810 San Diego, CA 92101 -8229 Main 619.236 -8821 Fax 619.236 -8827