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Home My WebLink About2016-01-13 PC MinutesC!Ty OF CUURMST P annint! Commission REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA January 13, 2016 Council Chambers 6:00 p.m. 276 Fourth Avenue, Chula Vista, CA CALL TO ORDER ROLL CALL: Present: Anaya, Fuentes, Gutierrez, Livag, Nava (6:24) and Chair Calvo Absent: Fragomeno MOTION TO EXCUSE Made by Calvo; Second by Livag Motion passed 5 -0 -2 -0 Fragomeno absent; Nava in at 6:24 p.m. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: 1. Approval of Minutes September 9, 2015 Motion by Anaya; 2nd by Gutierrez Motion Passed 5 -0 -2 -0 December 9, 2015 Calvo requested edit of word on Pg 15 from "another" to "different" Motion by Calvo; 2nd by Livag Motion passed 5 -0 -2 -0 PUBLIC COMMENTS Persons speaking during Public Comments may address the Board /Commission on any subject matter within the Board /Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board /Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board /Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. There were none.... Planning Commission Minutes January 13, 2016 Page 12 PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required bylaw. if you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting. 2. PUBLIC HEARING PCC -14 -057 Consideration of a Conditional Use Permit to maintain existing restaurant uses consisting of (a) incidental alcoholic beverage sales associated with a restaurant, and (b) 24 -hour operation of drive - through feature exceeding zone provisions unless approved by the Planning Commission. Applicant: Asada Restaurant and Drive Through Project Manager: Harold Phelps, Associate Planner Staff Recommendation: That the Planning Commission adopt Resolution PCC14 -057 approving the proposed project, based on the findings and subject to the conditions contained therein. As a result of Code Enforcement activity in 2014, it was discovered that no Conditional Use Permit had been issued for the restaurant when it opened in 1994 and introduced the incidental sale of alcohol and the 24 -hour operation of the drive - through. As a result, the Applicant has submitted a Conditional Use Permit (CUP) to maintain the following incidental restaurant uses: (a) The sale of beer and /or wine for consumption on the premises where the sale is incidental with the sale of food, and (b) The 24 hour operation of the restaurant drive - through, exceeding the Neighborhood Commercial (CN) Zone permitted hours of operation (7 am and 11 pm), unless specifically approved by the Planning Commission. The site is located at 4340 Main Street at the southeast corner of Main Street and Melrose Avenue, in the Fiesta Plaza Shopping Center Harold Phelps presented a slideshow of the restaurant and surrounding businesses to include the Italian restaurant. CONCLUSION: The project is consistent with the goals and policies of the General Plan and associated documents. Based on the preceding information in this report, staff recommends the Planning Commission approve Conditional Use Permit, PCC -14 -057, to maintain an existing restaurant use that includes incidental alcoholic beverage sales, and the Planning Conunission Minutes January 13, 2016 Page �3 operation of a 24 -hour drive - through at 4340 Main Street, subject to the conditions listed in the attached Resolution. Questions to Staff: Observation: Wrong map was attached Why has it taken from 2014 until now to rectify the situation? Had a contractor hired in 2014 -- the original contractor could not complete the job and the owner decided to go forward. Has this been checked to make sure the business has adhered to City guidelines? Police have maintained control since then and staff has worked with them. Operating hours were clarified. Restaurant open 7:00 a.m. to 10:00 p.m. (can serve alcohol with food sales); Drive through open 11:00 p.m. to 7:00 a.m. (sale of alcohol prohibited). PUBLIC HEARING OPENED 1'111:311 [alaIF_111.711; [010111 1417 Motion to Approve made by l.ivag; second by Gutierrez Motion passed 5 -0 -2 -0 Commissioner Fragomeno absent; Nava not yet arrived 3. PUBLIC HEARING Design Review (DR15 -0014) to approve a 162- -unit multi- family attached triplex condominium project with one (1) and two (2) car garages, recreation area, and associated open space on approximately 8.7 acres located in the Otay Ranch Village Two, Neighborhood R -27, Parc Place, Planned Community District (RM2) Residential Multi - Family zone. Applicant: Pacific Coast Communities Project Manager: Stan Donn, Associate Planner Staff Recommendation: That the Planning Commission adopt Resolution DR15 -0014 approving the proposed project,. based on the findings and subject to the conditions contained therein. Commissioner Calvo recused herself Planning Commission Minutes January 13, 2016 Pa-e !4 INTRODUCTION The Applicant has submitted a Design Review application for approval of a 162 -unit multi - family triplex condominium project. The project includes two and three bedroom triplex condominiums with one and two -car garages, a recreation area, and associated open space on approximately 8.7 acres. The site is vacant and located within the Otay Ranch Village Two, Neighborhood R -27. CONCLUSION The proposed 162 -unit multi - family triplex condominium project is a permitted land use in the Otay Ranch GDP and is permitted in the Residential Multi - Family Two (RM2) district of the Village Two SPA Plan. The proposal complies with the policies, guidelines and design standards for the Village Two Design Plan as well as the Village Core Master Precise Plan. Therefore, staff recommends the Planning Commission approve Design Review Permit, DR15 -0014, to construct a 162 -unit multi - family triplex condominium project with (1) one and two (2) car garages, recreation area, and associated open space on approximately 8.7 acres, subject to the conditions listed in the attached Resolution. Project Manager Stan Donn gave a presentation which included a locator map, views of the site location from all directions, front and rear elevations and building plans to include garages. Commissioner Nava arrived at 6:25 p.m. Questions to Staff Directions of North /South views clarified Is there enough turning radius for fire trucks at the southern access? Yes, they have met fire department requirements — which were explained. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED COMMISSIONER DELIBERATIONS Gutierrez commended the applicant on the design of the project. Motion to approve by Gutierrez; second by Fuentes Motion passed 5 -0 -1 -1 Fragomeno absent; Calvo recused Planning Cormnission Minutes January 13, 2016 Page 15 4. PUBLIC HEARING MPAIS -0001 Consideration of an Amendment to Title 19 to affirm that Title 19 is governed by permissive zoning principles and to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited as land uses. Project Manager: Steve Power, Principal Planner Megan McClurg, Deputy City Attorney Staff Recommendation: That the Planning Commission adopt Resolution MPA15- 0001 recommending that the Chula Vista City Council amend Title 19 to affirm that Title 19 is governed by permissive zoning principles and to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited as land uses under Title 19. Commissioner Anaya recused himself INTRODUCTION The impetus for this subject amendment to Municipal Code Title 19 stems from the state laws governing medical marijuana. On October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana Regulation and Safety Act" (the "Act ") into law. The Act becomes effective January 1, 2016 and contains provisions that govern the cultivating, processing, transporting, testing, and distributing of medical marijuana to qualified patients throughout the state. The Act contains statutory provisions that allow local governments to enact ordinances to prohibit marijuana cultivation, processing, delivery, and dispensaries. A provision within the Act states that local governments that wish to prevent marijuana cultivation within their boundaries must have prior to March 1, 2106 a land use regulation or ordinance, either expressly or under the principles of permissive zoning, that prohibits medical marijuana cultivation. If local governments do not have such regulations or ordinances prior to March 1, 2016, the state will become the sole licensing authority for cultivation applicants in that local jurisdiction. The attached proposed resolution and ordinance affirm and clarify that the current provisions contained in Municipal Code Chapter 5.66 prohibiting the cultivation of marijuana extend to the land use code and that such cultivation is a prohibited as a land use under Title 19. RECOMMENDATION That the Planning Commission adopt Resolution MPA15 -0001 recommending that the Chula Vista City Council amend Title 19 to affirm that Title 19 is governed by permissive zoning principles and to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited as land uses under Title 19. Deputy City Attorney Megan McClurg gave a short presentation regarding clarification of Title 19 proposed changes regarding land usage. Planning Commission Minutes January 13, 2016 Page 16 Questions to Staff What other types of land uses are currently not approved without specific change? Any that are currently permitted are still permitted without change. Clarification given by Planning Manager Ed Batchelder PUBLIC HEARING OPENED PUBLIC HEARING CLOSED COMMISSIONER DELIBERATIONS There were none Motion to approve by Lluag; second by Calvo Motion passed: 5 -0 -1 -1 Fragomeno absent and Anaya abstained OTHER BUSINESS Planning Manager Ed Batchelder advised the Commission that SANDAG will be giving an information only presentation on February 10th. A large mixed -use project (Millenia) will be going forward on that date (Feb 10th). He gave an overview of 4 other projects going on in the same area. The project presented at the December 91h meeting (Woodlawn and D St.) has been appealed and will be presented to City Council on February 2"d Reminded the Commission about the Planning Commission training March 2 -4 in San Ramon. 5. DIRECTOR'S COMMENTS 6. COMMISSIONERS' /BOARD MEMBERS' COMMENTS Fuentes: Wanted a follow -up on the request for a workshop to discuss procedures (process, public notification, staff reports) Batchelder: Introduced Tiffany Allen, the new Assistant Director of Development Services and stated that the date for the workshop has not been set. ADJOURNMENT to the regular meeting on January 27, 2016 at 6:46 p.m. in the Council Chambers at 276 Fourth Avenue in Chula Vista, California. M, ihutes submitted by-, f Patricia Laughlin, Board Se`GrLAary Minutes approved February 10, 2016 MSC: Livag/Calvo (6- 0 -1 -0) Fragomeno absent