HomeMy WebLinkAboutPlanning Comm min 1998/05/13SCANNED
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7:00 p.m.
Wednesday, May 13, 1998
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CALL/MOTIONS TO EXCUSE:
Present:
Absent:
Staff Present:
Chair Davis, Commissioners Willett, Ray, Tarantino, Thomas,
O'Neill
Commissioner Aguilar
Rick Rosaler, Principal Planner
Beverly Blessent, Associate Planner
Jeff Steichen, Acting Associate Planner
Migue[ Tapia, Community Development Specialist
Ann Moore, Assistant City Attorney
MSC (Willetl]Ray) (6-0-1) to excuse Commissioner Aguilar. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS:
Read into the record by Chair Davis
ORAL COMMUNICATIONS: None
PUBLIC HEARING:
PCM 98-15; An amendment to the Otay Ranch Phase 2 Resource
Management Plan to add additional lands in the Proctor Valley Parcel
to the area currently designated as the first conveyance.
Background: Rick Rosaler, Principal Planner, reported that this application was continued from
March whereby staff was directed to do additional environmental review on expanding the
conveyance schedule. That analysis was completed as the fifth addendum to the SPA I EIR and
is before the Commission tonight. As a matter of review, Mr. Rosaler pointed out that in the
Resource Management Plan for the Otay Ranch General Development Plan, open space is to
be conveyed to the Preserve Owner Manager to mitigate 9,500 acres of development that is
going to occur and calls for that land to be conveyed in an orderly manner and a schedule be
prepared, which was done in the Resource Management Plan II. What is being proposed is to
amend that plan.
The GDP sets forth priorities for the conveyance of land and states that the first priority shall
be the highest quality habitat focusing on lands most vulnerable to development; it addresses
lands that have restoration potential; the acreage to be conveyed is to be greater than the
Planning Commission Minutes - 2 - May 13, 1998
acreage of development; and is to have in-kind mitigation and no net loss of wetlands. The
lands are to be conveyed to the Preserve Owner Manager, which is currently the City and the
County of San Diego.
The required areas of first conveyance are identified as the coastal sage scrub habitat in Salt
Creek and a portion of the vernal pools on the Otay Mesa, owned by New Millennium and the
Estate of Patrick.
There was discussion at a previous meeting by several property owners and developers that this
would put a constraint on the market. The appraiser for the City agrees with that position, that
it would constrain the City in its ability to acquire open space with the in-lieu-fee and it would
be more expensive to acquire this property, therefore, they are also recommending that the
conveyance area be expanded.
The guidelines identify the "Keystone" parcels as those to be given first priority to conveyance
of highest quality resources such as the vernal pools on Otay Mesa, coastal sage scrub habitat
in the Salt Creek area, gnatcatcher population areas in the western San Ysidro and Proctor
Valley areas, and wetlands restoration area in the Otay Valley.
Staff Recommendation: That the Planning Commission adopt Resolution PCM 98-15
recommending that the City Council approve the amendment to the Phase 2 Resource
Management Plan adding the "Keystone" parcels to the Conveyance Schedule for SPA One and
that the fifth addendum to the FIR be adopted.
Public Hearing Opened 7:12
Kim Kilkenny, Otay Ranch Company, 11975 El Camino Real, San Diego, applicant requesting
amendment to the RMP conveyance schedule, stated he supports staff's recommendation and
looks forward to action being taken in the creation of the largest urban open space system in
San Diego County, if not the nation, and stated he is available to answer any questions the
Commission may have.
Frank Ormand, 11149 Red Cedar Drive, San Diego, stated he supports opening up the
conveyance of land into the preserve which will be a cost benefit and the number of acres set
into the preserve will be increased.
Craig Fukuyama, 2727 Hoover Avenue, National City, stated that although he supported doing
away with the preferences altogether, he is encouraged by the way staff worked toward
significantly expanding the conveyance areas.
Mr. Fukuyama is concerned that limiting the amount of conveyance lands that can be
purchased can artificially inflate the costs.
Planning Commission Minutes -3- May 13, 1998
He further stated that they are under a time constraint and have no land to convey and are in
need for both, the conveyance and in-Lieu-Fee, to be adopted before they can proceed with
the final maps sometime in August. He urged the Commission to keep things on track.
William Tuscher, 3130 Bonita Road, Chula Vista, stated he supports staff's recommendation,
however, he would like to propose including one additional parcel to the "keystone" parcels,
which is a piece of property that is surrounded on three sides by property managed by the Fish
and Wildlife Service. There currently exists a Sweetwater Otay National Wildlife Refuge in this
area, and this property becomes an important connecting link between this and other
"keystone" properties in the Ranch.
He urged the Commission to include this property as a "keystone" proper~ in the Resource
Conveyance Plan Amendment contingent upon and subject to approval by the City's biologist
and the Department of Fish and Wildlife.
Public Hearing Closed 7:25
Commission Discussion:
Commissioner Willett asked why the area that Mr. Tuscher referred to, was not
designated to be included as a "keystone" parcel.
Rick Rosaler, Principal Planner, stated that the habitat and species maps that were
prepared as part of the RMP I, identified the cluster of the gnatcatcher population in the
western San Ysidro and central Proctor Valley areas. The area that Mr. Tuscher is
suggesting be added to the conveyance schedule has not been evaluated by the City's
biologist and would need further environmental review, which would result in an
addendum to the EIR.
Commissioner O'Neill asked if the additional environmental review would hold up this
item going forward to City Council.
Mr. Rosaler stated that this item is going to Council on June 9th and the environmental
review could be accomplished within that time frame.
MSC (Thomas/Ray) (6-0-1) that the Planning Commission approve Resolution PCM 98-15
recommending that the City Council approve the amendment to the Phase 2 Resource
Management Plan adding the "keystone" parcels to the Conveyance Schedule for SPA One
and include one additional parcel to be added as a "keystone" parcel, identified as the estate
property east of the Fish and Wildlife Service ownership on the Otay Ranch. Motion carried.
Planning Commission Minutes - 4 - May 13, 1998
PUBLIC HEARING:
PCM 98-21: Consideration of an amendment to the Otay Ranch
General Development Plan/Subregional Plan (GDP/SRP) to allow
reduction in Village Core densities.
PCM 98-16: Consideration og an amendment to the OtayRanch
Sectional Planning Area (SPA) One Plan on property generally located
on 1,110 acres south of Telegraph Canyon Road between Paseo
Ranchero and the future SR-125 alignment.
PCS 98-04: Consideration of a Tentative Subdivision Map for 101.4
acres of the Otay Ranch SPA One, Chula Vista Tract 98-04, generally
located off the southern extension of Otay Lakes Road, south of
Telegraph Canyon Road.
Background: Beverly Blessent reported that McMillin Companies received approval of their
Tentative Map in June 1997, approving the single family lots north of East Palomar and
indicated at that time that they would come back seeking a GDP and SPA amendment in the
multi-family areas to reduce density and dwelling units.
The applicant is requesting to do a text change to the GDP, which would reduce density on
a case by case basis as long as density in the core area is provided, which would be sufficient
enough to maintain support for the bus and light rail systems. It would still allow for the
maximum densities which are cited in the GDP to be built and would give some flexibilities
in reductions.
When the GDP was approved, the core density was approximately 18 dwelling units per acre
in the Village Five Core and approximately 1,615 units. When the GDP was adopted, density
was being looked at on a gross density basis. As a result, when the units were planned at the
SPA level with streets deleted from the area calculations, the net density of the building sites
increased dramatically.
The applicant believes these densities are too high and, while there is a growing demand in the
multi-family market, the approved densities would not be absorbed by the market. They are
proposing that flexibility be added to maintain the 18 du/ac as the maximum density as policy
but allow less density to be built. Staff supports the proposal as long a sufficient densities are
achieved to support light rail transit. The City will continue to coordinate with MTDB to ensure
the transit village cores contain enough density to support the trolley line.
SPA Amendment
The applicant is proposing text changes which reflect the reduction in density changes in the
application. The number, location and size of the Village Five parks and CPF sites has been
revised based upon the reduction in density and population. The applicant is proposing to
consolidate the three CPF sites into one larger site, which is CPF 4 (4.8 acres) and has stated
that they feel the optimum size for a CPF is about 4.5 to 5 acres and is not only more
marketable, but is necessary in order to attract a large user such as an established church,
which generally require 4.5 to 5 acres.
Planning Commission Minutes - 5 - May 13, 1998
The applicant has also reconfigured the parks in size and location. P-7 has slightly increased
in size and remains in the same location as a neighborhood park. P-6 has been reduced in size
from 10.6 to 6.4 acres. These proposals were reviewed by Technical Committee and P&R
Executive Committee and have determined that they are in conformity with park requirements.
in addition, Santa Rosa Drive has been deleted and Santa Cora has been slightly reconfigured.
The commercial acreage in Village Five Core has been reduced from 3.6 acres to 2.8 acres and
applicant is requesting that a mixed-use zone be created which would allow ground floor
commercial with two stories of residential above.
Tentative Map
There are two neighborhoods that are mapped and are shown as R-41 and R-42. R-41 is
proposed for 90 small lot single-family products on 14.5 acres. All lots adjacent to Santa Cora
will face onto the park giving it a greater sense of security on the park and a sense of ownership
by adjacent residents.
R-42 consists of 74 duplex or single-family attached units on 9.6 acres. The R-42 lots on Santa
Core will also front onto the park.
Staff supports the GDP and SPA One Amendment and believes there are good pedestrian
amenities in the project, supports the mix-use development and believe the density maintained
is adequate enough to support the transit and bus system.
Staff Recommendation: That the Planning Commission recommend to the City Council
approval of:
2.
3.
4.
The Fourth Addendum to FEIR 95-01 for the OtayRanch SPA One,
An amendment to the Otay Ranch GDP/SRP (PCM-98-21),
An amendment to the Otay Ranch SPA One Plan (PCM 98-16),
A revised Tentative Subdivision Map for the 101.4 acres in the Village Five Core area.
Commission Discussion:
Commissioner Ray asked if any other consideration had been given regarding
pedestrian safety on the street crossing.
Rick Rosaler responded that pedestrian safety will be maintained by a median break
with a controlled traffic signal at the intersection by the Town Square Park.
Commissioner Thomas asked why Santa Rosa Drive, which connected to East Palomar
Street was removed.
Ms. Blessent responded that with the reduction in density and reconfiguration of the
neighborhoods, the applicant felt it was not needed and there was no objection from
Planning Commission Minutes - 6 - May 13, 1998
public safety entities. In addition, because there was a curve and a rise in grade, staff
felt it was not an optimal location.
Public Hearing Opened 7:47
Craig Fukuyama, 2727 Hoover Avenue, National City, commended staff for the countless
hours they put into this project; concurs with staff's recommendation and is there to answer any
question from Commission.
Public Hearing Closed 7:48
MSC (Willetl/Thomas) that the Planning Commission recommend to the City Council
approval of:
2.
3.
4.
The Fourth Addendum to FEIR 95-01 for the OtayRanch SPA One,
An amendment to the Otay Ranch GDP/SRP (PCM-98-21),
An amendment to the Olay Ranch SPA One Plan (PCM 98-16),
A revised Tentative Subdivision
Motion carried (6-0-1).
PUBLIC HEARING: DRC-98-16; Appeal of the Decision made by the Design Review
Committee - Hyun/JVP, Ltd./Autoplex, Appellant
Background: Martin Miller reported that on March 23, 1998 the Design Review Committee
conditionally approved the project. The project was originally considered by DRC on
December 15, 1997, and was continued for an indeterminate period to allow the applicant to
explore the following issues:
a. The use of reflective glass should be reevaluated
b. The site plan should be revised and possibilities for shared circulation and parking in
conjunction with the neighboring parcel should be investigated
c. The conceptual landscape plan should be reconsidered, and
d. There should be more compatibility between this and the adjacent site and buildings.
The applicant complied with staff's recommendation and on March 23, 1998 resubmitted their
proposal addressing the issues that were raised by staff.
On April 3, 1998, the appellant filed an appeal to the Design Review Committee's conditional
approval citing several guidelines in the Design Manual related to compatibility, building
placement, vehicular access and circulation, and architecture were in violation.
It is staff's opinion that the appellant's basis for appeal be denied and the original approval by
DRC be upheld based on the following proposed findings of fact:
Planning Commission Minutes - 7 - May 13, 1998
A. The project is in overall conformance with the guidelines and standards contained in the
Design Manual.
B. The project is consistent with the intent and guidelines of "Commercial" section of the
Design Manual as follows:
i. The project's scale is proportional to nearby buildings and is appropriate given the
parcel size.
ii.
The quality of the site planning and architecture implement the guidelines of the
Design Manual in that the architecture, landscaping and parking layout promote an
attractive, imaginative and functional arrangement.
iii. The functionality of the site is adequate because the design of the project recognizes
the importance of parking and circulation.
Staff Recommendation: That the Planning Commission uphold the decision of the Design
Review Committee and deny the appeal, based on the findings of fact.
Public Hearing Opened 8:00
Mike McDade, 9454 4th Avenue, San Diego, attorney representing owners of the Broadway
Autoplex, stated that the proposal violates several guidelines in the Design Manual and
addressed the following issues they are concerned with:
a. Substandard lot size
b. Building setbacks
c. Building height
d. Lack of landscaping or hardscaping
e. Problematic site access
f. Lack of reasonable relationship to the surrounding Autoplex
g. Blockage of signs
h. Interference with neighboring businesses
i. Insufficient on-site parking for the proposed commercial building
Mr. Dade urged the Commission to overturn the DesignReview Committee's conditional
approval of this project and either deny or drastically modify the project.
Jorge Hernandez, 1458 Lantana Avenue, Chula Vista, owner/applicant stated that over the past
several months he has expended a significant amount of time, effort, and money working with
City staff and complying with their recommendations and modifications to the project. He is
proposing to relocate his accounting practice to this location and is making a significant
contribution to his communi~ in relation to the Broadway improvement project by proposing
to establish an innovative, creative and architecturally superior product at this location. He,
therefore, urged the Commission to uphold DRC's decision and deny the appeal.
Planning Commission Minutes - 8 - May 13, 1998
Commissioner O'Neill asked if there has been any effort to contact the owner of the
adjacent property to try to reach an agreement regarding sharing access and parking
arrangements.
Jose Martinez, 10525 Vista Sorrento Parkway, architect for the project stated the project meets
all of the City zoning regulation and design guidelines and that he personally made an effort
to contact the Autoplex architect and sent letters regarding access and parking to the site, but
no response was received.
Jose Luis Gomez, 709 Melrose Avenue, Chula Vista, CA project Engineer and Land Surveyor,
stated the project meets the design guidelines; the building height poses no adverse impacts
on the adjacent business as it relates to sight impediments to signage, and the project does not
impede vehicular access to the site.
Mr. Gomez stated that the applicant has worked positively with City staff and the City stands
to greatly benefit from an architecturally superior project and urged the Commission to deny
the appeal.
Ronald Williamson, 4411 Morena Blvd. #250, San Diego, applicant's attorney stated this is an
owner-occupied project, which the applicant intends to move his accounting practice into, and
pointed out that the Autoplex is a product ora Conditional Use Permit and the office building
is a permanent use in that zone. The project meets every criteria of the zoning ordinance,
Specific Plan, and Design Guidelines and urged that the appeal be denied.
Public Hearing Closed 8:25
Commission Discussion
Commissioner Thomas expressed reservation on taking action tonight and suggested that
the parties meet together to see if they can work out their differences and come to a mutual
agreement.
Commissioner O'Neill stated that this project has already been to DRC three times, and
was noticed each time, which gave the appellant ample opportunity to approach the
applicant and try to work out the concerns; therefore, he does not support postponing
action on this project.
MSC (Ray/~/illet0 (6-O-1) that the Planning Commission uphold the decision of the DRC and
deny the appeal and adopt Resolution DRC-98-16. Motion carried.
Planning Commission Minutes - 9 - May 13, 1998
4o
PUBLIC HEARING:
SUPS-98-04 - Request to Operate a Public/Quasi-Public Institutional
Use at 691 Oxford Street in the CO-P (Office Commercial - Precise
Plan) Zone - Palomar Station, LLC
Background: Martin Miller, Acting Senior Planner, reported that the applicant is requesting
approval of a Special Use Permit for a public/quasi-pubic land use. If approved, the applicant
will move forward with a Design Review proposal for a 74,000 sf, two story, 45 foot high office
building which will require approval by the Redevelopment Agency. In the mean time, certain
land use decisions must be made in order to allow further contractual negotiations to move
forward between the applicant and County of San Diego, who proposes to operate the Family
Resources Center at this location and will house approximately 400 County employees.
The intent is to centralize what are now several different services scattered throughout the
South Bay in one location in order to better serve the public. The approximately 400
employees will, in some cases, be transfers from existing County facilities in Chula Vista, while
others will come from the outside as well. It is estimated that approximately 1500 people will
visit the facility on a normal day, however, this number is expected to diminish over time due
to changes in Welfare Laws.
Other issues are:
Access to the trolley - Applicant is negotiating with MTDB to develop a parcel that extends
south from Oxford Street to Palomar Street. The intent is to develop this parcel as a small
pedestrian park with direct access from the Family Resource Center to the Palomar Trolley
station.
Parking - The site has a parking capacity of 536 spaces and the 74,000 sf building would
require a minimum of approximately 250 spaces, therefore, there is ample parking
available.
Vehicular Access - All vehicular access will be from Oxford Street at two points; one at the
easterly property line and the second near the cul-de-sac bulb. No access is planned, nor
will be allowed as part of this approval from Naples Street next to Harborside Elementary
School.
The seven acre project site is located on the north side and at the westerly terminus of Oxford
Street; to the north is Harborside Elementary School; east, is Costco; south are industrial and
commercial land uses; and west is the San Diego trolley line and Industrial Blvd.
Miguel Tapia, Community Development Specialist, reported that changes have been made to
the engineering conditions of approval contained in the Redevelopment Agency resolution,
and the developer has reviewed and agreed to the changes.
Staff Recommendation: That the Planning Commission approve Resolution SUPS 98-04
recommending that the Redevelopment Agency adopt the resolution approving the request for
a Special Use Permit to operate a Public/Quasi-Public land use in the CO-P Zone.
Planning Commission Minutes - 10 - May 13, 1998
Commission Discussion:
Commissioner Ray asked, if approved, what is being done to avoid creating an "urban
blight" with the vacated County facility currently located north of Palomar St. on Third
Avenue.
In addition, Cmr. Ray asked if there was any input from the school district with respect to
this project's proximity to Harborside Elem. School.
Mr. Tapia responded that the owner of the building, which use to be the Jerome building,
has already contacted the Community Development Department and is taking a very pro-
active approach in getting new tenants to occupy the site.
Mr. Miller responded that he received a voice mail message from Dr. Cheryl Cox indicating
that they have no problem with the proposal, and are also hopeful to open negotiations
with the County and the property owner for the possibility of additional parking for the
school in the pan-handle portion of the property.
Commissioner O'Neill stated that in his opinion, adequate transit access to the site, via the
promenade which would link the trolley to the site, and buses access, is crucial to this
project; therefore, his support of this proposal would weigh heavily on getting a firm
commitment from MTDB and CVT to agree to provide that access.
Commissioner Willett stated that given the nature of the types of services that would be
provided at this location, he would like the County to consider including in this project a
proposal to provide a child care facility.
Mr. Tapia responded that they recently received a letter from the Executive Director of the
Boys and Girls Club indicating an interest in establishing a child care facility at this location
or near it. In addition, the developer has held discussions with other parties regarding a
child care facility at this location and is something that is being seriously considered,
although there are no specifics yet.
Public Hearing Opened 8:53
Bennett Greenwald, 1420 Kettner Blvd., San Diego, stated he has been in touch with MTDB
and he sent them a letter stating that the property is not zoned for storage, which they are using
to store railroad ties, and urged them to remove them and make it into a walk way, or turn it
over to him, and he'll turn it into a walk way.
In addition, he stated he wholeheartedly supports the child care concept proposal.
Mr. Miller stated that a number of years ago, MTDB contacted the City and indicated their
intent to use the site as storage for railroad ties. At the time, although the City expressed its
objection to that particular land use, however, it was determined jointly that they are not
subject to the conditional use provisions of the City because State law exempts them.
Planning Commission Minutes - 11 - May 13, 1998
Public Hearing Closed 8:56
Commissioner O'Neill restated his position that, access to public transportation is pivotal to this
project. If the right-of-way along the tracks is not acquired, people are still going to walk that
area, which creates a liability issue. He strongly urged the Commission to hold off taking
action on this item until a firm commitment from MTDB is acquired.
Mr. Miller suggested that the Commission may wish to include an additional condition of
approval which states that the applicant will negotiate in good faith with MTDB and CVT to
insure that public access to the site is insured.
Commissioner O'Neill stated he supports adding the additional condition of approval,
however, he objects to such loose terminology as "negotiate in good faith" because the parties
know going into it that this is not a binding statement.
Commissioner Willett stated that he agrees with adding the caveat, and recommended that the
Commission urge the City Council that they utilize every leverage that is available, specifically,
SANDAG, to negotiate an agreement with MTDB.
Commissioner Ray asked if any consideration has been given to punch Oxford St. through to
Industrial Blvd.
Mr. Miller responded that it has been looked into and MTDB opposes doing that because there
already exists crossing within close proximity at Palomar St. and Naples St.
Public Hearing Re-opened 9:12
Bennett Greenwald stated that this site is part of a 4-lot subdivision and when Home Base and
Price Club was approved, an ordinance was passed stating that "there shall be an easement for
ingress and egress across all four parcels". Therefore, there is an opportunity east of Harborside
School to continue an already existing driveway, which is the size of a street right-of-way and
we would continue along the east side of our property, which would provide some relief in
terms of getting from Naples to Oxford.
Public Hearing Closed 9:18
MSC (Willett/Ray) that the Planning Commission approve Resolution No. SUPS 98-04
recommending that the Redevelopment Agency adopt the resolution approving the request
for a Special Use Permit to operate a Public/Quasi-public land use in the CO-P Zone subiect
to the condition that staff negotiate in good faith with MTDB and Chula Vista Transit to
insure that public transit access is insured.
Commissioner Willett amended his motion to include that the City Engineer review
expanding the easement to provide adequate access to the site.
Planning Commission Minutes - 12 - May 13, 1998
Ann Moore, Assistant City Attorney, clarified with respect to the easement, it would be a
legitimate condition to the project. The concern with providing adequate access to the site,
there would be a nexus to that type of condition, however, we would need to look into the
specific wording of the easement to see if it could accommodate that type of an expansion.
Commissioner Ray (second to original motion) agreed with the amendment.
Commissioner Thomas stated he opposes the motion unless there is definitive wording to
replace the "negotiate in good faith" statement.
Amended motion now reads:
MSC (Willett/Ray) that the Planning Commission approve Resoution No. SUPS 98-04
recommending that the Redevelopment Agency adopt the resolution approving the request
for a Special Use Permit to operate a Public/Quasi-public land use in the CO-P Zone subiect
to the applicant obtaining adequate access to the trolley and bus lines with the approval of
the City Engineer. Motion carried (6-0-1)
ADJOURNMENT at 8:15 to the next regular Planning Commission meeting of May 27, 1998.
Diana Vargas, Secretary to Plan ir~g Commission