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HomeMy WebLinkAboutPlanning Comm min 1998/02/117:05 p.m. Wednesday, February 11, 1998 MINUTES OF A SPECIAL MEETING 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: Vice Chair Willett, Commissioners: Aguilar, Tarantino, Thomas, and O'Neill Chair Davis and Commissioner Ray Ken Lee, Acting Planning Director Patty Nevins, Acting Associate Planner Jeff Steichen, Assistant Planner Ann Moore, Assistant City Attorney MSC (Aguilar/Tarantino) (5-0-0-2) to excuse Chair Davis and Commissioner Ray. Motion carried. Chair Davis arrived al 7:20 and Commissioner Ray arrived at 7:30. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Willett. APPROVAL OF MINUTES: December 10, 1997 and January 14, 1998 MSC (O'Neill/Thomas) (5-0-02) to approve minutes of December 10, 1997 as submitted. Motion carried. MSC (Tarantino/Thomas) (4-0-1-2) to approve minutes of January 14, 1998 as submitted. Motion carried, with Commissioner O'Neill abstaining. ORAL COMMUNICATIONS: None 1. PUBLIC HEARING: PCC-98-11; Request for a Conditional Use Permit for a small school enrolling a maximum of 25 students with educational needs and utilizing existing classroom/church facilities located at the northeast corner of East J Street and Paseo del Rey (795 East J Street), within the PC Zone - Advocate Schools. Background: Jeff Steichen, Assistant Planner, reported that the applicant, Advocate Schools, filed an application for a Conditional Use Permit for a small school enrolling a maximum of 25 students with educational needs, utilizing three existing classrooms of the Evangelical Free Church located at the northeast corner of East J Street and Paseo Del Rey. The school would serve children with special, non-violent, educational needs. Planning Commission Minutes - 2 - February 11, 1998 Land uses surrounding the existing church facility include undeveloped open space to the north, existing single-family residential to the east and west, and a preschool (La Petite Academy) to the south. Proper noticing was mailed to the surrounding area and no opposition has been voiced thus far. Although the CUP is for a maximum of three classrooms serving 25 students, the applicant is proposing to start out with one classroom, serving approximately eight (8) students who would be selected by the Sweetwater Union High School District. All activities, including lunch, will take place within the existing classrooms, except during supervised physical education period, which would utilize the existing basketball court and play areas. Staff Recommendation: That the Planning Commission adopt the Negative Declaration issued for IS-98-15 and adopt Resolution PCC-98-11 recommending that the City Council approve the requested Conditional Use Permit for a small school enrolling a maximum of 25 students with special education needs at 795 East J Street. Commission Discussion: · Commissioner O'Neill asked if the applicant is a profit or non-profit entity. Mr. Steichen responded that it is a private profit school that has been contracted by the Sweetwater Union High School District who will be leasing the existing church facilities. Commissioner Tarantino asked if these special needs included children with physical challenges or if it is part of the alternative education program. Mr. Steichen stated these children did not have physical challenges, but rather, learning disabilities. He further stated that the school's objective is to help students reach their academic grade level and then mainstream them back into the traditional school setting. Commissioner Thomas asked if there was a time limit on this project. In addition, he stated that while driving by the site, he noticed illegal signage and banners for advertizing and asked if there was anything being done to correct this. Ken Lee, Assistant Director of Planning, stated there was no time limit, and the Commission would not review this again unless there is a change to the terms the applicant is currently proposing, however, the Commission could set a review period and staff can report back. Planning Commission Minutes - 3 - February 11, 1998 Mr. Lee stated he was aware of the sign violation at this site, as in many others throughout the City, and they are being handled by Code Enforcement. The applicant has been made aware of the banner violation and the City will follow up with a letter to that effect. Public Hearing Opened at 7:18. Douglas Whitmore, 555 Trailridge Drive, Bonita, CA 91902 addressed the Commission on behalf of the church and stated they were not aware that the banners were in violation of the sign ordinance and stated that their intent is to abide by the code and laws. Having said that, Mr. Whitmore passed out a letter from the church, explaining the type of banners and the purpose for which the church utilizes them. Mr. Whitmore further stated that there was no involvement by the applicant, Advocate Schools, with the banners that have gone up. Wanda Driscoll, CommunityResources Director for Advocate Schools, stated that Advocate Schools has 22 school throughout Southern California and only go into an area when the school district invites them because their exists a need that the school district cannot meet. At the present time there are 400 students from the SUHSD who are home schooled because they have been unsuccessful in the public school setting. Ms. Driscoll indicated that it appears that the traditional school setting does not seem to meet the needs of students who require a more individualized educational program, particularly those with learning disabilities. In addition, if the parent feels that their child's needs are not being met by the public schools, according to Federal law, they are allowed to seek other options~ Public Hearing Closed at 7:25. Commissioner O'Neill stated he supported the school concept, however, he has concern with a profit operation paying rent to a non-profit organization. Ann Moore, Assistant City Attorney responded that it was not up to the City to make inquiry on the non-profit agency renting out for profit to a profit agency. The non-profit agency would need to have their attorney or their advisors discuss with them the implications that may be involved with renting out for profit to a profit agency. The matter before the Planning Commission is the land use for the CUP. Commissioner O'Neill clarified that, in his opinion, their ability to rent out for profit to a profit agency defeats their non-profit status and puts them in direct competition with a profit status agency who is on the tax rolls. Mr. Lee stated staff would be responding to the letter that was handed out by Mr. Whitmore; and there being no action needed to be taken by the Commission, staff will forward the Commission's concerns to Code Enforcement. Commissioner Thomas requested that staff report back to the Commission on the status of the use of banners by the Church. Planning Commission Minutes - 4 - February 11, 1998 2o Chair Davis asked the Assistant City Attorney if, after having read the report and having heard enough of the public testimony, she could vote on this item. Assistant City Attorney responded that she would be able to vote on this item. Commissioner Ray also asked the Assistant City Attorney if, after having read the report, but not having heard the public testimony, he would be able to vote on this item. Ms. Moore responded that not having heard the public testimony, he should abstain from voting on this item. MSC (Thomas/Tarantino) (6-0-1) to adopt the Negative Declaration issued for IS-98-15 and adopt Resolution PCC-98-11 recommending that the City Council approve the requested Conditional Use Permit for a small school enrolling a maximum of 25 students with special education needs at 795 East J Street. Motion carried. PUBLIC HEARING: PCM-98-24; Amendments to the Rolling Hills Ranch (formerly known as Salt Creek Ranch) Sectional Planning Area (SPA) Plan consisting of modifications of the Planned Community District Regulations to allow certain encroachments into sideyard setbacks in the SF1, SF2, and SF3 Single Family land use districts - Pacific Bay Homes. Background: The applicant, Pacific Bay Homes, is proposing to amend the Rolling Hills Ranch SPA plan consisting of modifications to the Planned Community District Regulations to allow certain setback encroachments which would accommodate trellis structures over driveways, where the driveway leads to garages located in the rear of the lot for the SF1, SF2, and SF3 single family detached land use district of Rolling Hills Ranch. The requested encroachment would allow the placement of the supporting trellis post and eaves within the 5 foot setback area, with no portion of the structure closer than 3 feet to the property line. The land use districts affected by this application comprise a total of 1187 lots. Staff is supportive of the product-type that this is intended for, however, there is concern with how the encroachment might later be used by the residents. Because of this concern, staff included a section that specifies construction standards and the intended use. Staff Recommendation: That the Planning Commission adopt Resolution PCM-98-24 recommending approval of the amendments to the Rolling Hills Ranch Sectional Planning Area Plan Planned Communi~ District Regulations, in accordance with the findings and subject to the conditions contained in the draft City Council resolution. Public Hearing Opened 7:40 Guy Asaro, Pacific Bay Homes, 2300 Boswell Road, Chula Vista, CA 91914 stated it is highly unlikely that they would plot two houses with the trellis facing each other and indicated they have plotted the trellis plan in 20 homes out of 107, or approximately less than 20%. If it has the anticipated market acceptance, they would plot future neighborhoods at a similar rate or greater. Public Hearing Closed 7:45. Planning Commission Minutes - 5 - February 11, 1998 Commission Discussion: The Commission commended the developer for the innovative product-type that is being proposed and their creativity in designing more attractive streetscapes. MSC (Willett/Ray) (7-0) to adopt Resolution PCM-98-24 recommending approval of the amendments to the Rolling Hills Ranch Sectional Planning Area Plan Planned Community District Regulations, in accordance with the findings and subject to the conditions contained in the draft City Council resolution. Motion carried. Update on Council Items. Mr. Lee reported council considered without incident, the two small subdivisions on the south end of Eastlake. The joint workshop with the City Council and the Elementary School District will take place on Wednesday, February 18, therefore, staff would recommend canceling the Planning Commission Workshop for that day. MSC (Ray/Willett) (7-0) to cancel the February 18, 1998 Planning Commission Workshop. Motion carried. DIREr: Mr. Lee stated that this year's Planning Commissioners Conference is scheduled for March 5th in Long Beach and there is enough money in the budget for two commissioners to attend. After discussion of scheduling availability, Chair Davis stated that Cmr. O'Neill would be first choice and Cmr. Willett would be second. Both will check their schedule and confirm at a later date with the Planning Commission Secretary on their availability. ADJOURNMENT at 7:55 to the next regular Planning Commission meeting of February 25, 1998 at 7:00 p.m. in the Council Chambers. Diana Vargas, Secretary Planning Commission