Loading...
HomeMy WebLinkAboutPlanning Comm min 1997/12/10 MINUTES OF A SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF CH ULA VISTA, CALl EORNIA 7:02 p.m. Wednesday, December 10, 1997 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALL: Present: Chair Davis, Vice Chair Willett, Commissioners: Aguilar, Ray, Tarantino, Thomas, and O'Neill Staff Present: Ken Lee, Acting Planning Director Luis Hernandez, Associate Planner Martin Miller, Acting Senior Planner Patty Nevins, Acting Associate Planner Jeff Steichen, Assistant Planner Ann Moore, Assistant City Attorney Jerry Foncerrada, Assistant Director of Parks & Recreation Ralph Leyva, Traffic Engineer PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Davis. APPROVAL OF MINUTES: November 5, 1997 MSC (Willett/O'Neill) 5-0-2 (Ray, Aguilar; abstain) to approve the minutes of November 5, 1997 as submitted. ORAL COMMUNICATIONS: None PUBLIC HEARING: Conditional Use Permit PCC 97-40; Request to conduct church and related activities, including worship and classroom services, for a temporary period in the existing Boys and Girls Club facilities located at 1301 Oleander, within the R-1 (Single Family Residential) zone - San Diego Church of Christ/Hope for the City. Background: Patty Nevins, reported that the applicants, San Diego Church of Christ and Hope for the City, a service group comprised of church members, is proposing to conduct church and related activities at the existing Boys & Girls Club for a temporary period of time not to exceed two years. They have been operating at the site since approximately October, 1996. Although churches are normally considered by the Zoning Administrator, due to initial concerns voiced by neighbors, this Conditional Use Permit was directed to the Planning Commission for consideration. Planning Commission Minutes -2- December 1 O, 1997 The initial application requested five years and was subsequently modified to two years by the applicant. The applicant was advised that due to the parking scenario, the Planning Commission may approve this only as a temporary use. It is being presented for a six month period and the applicant has agreed. The applicant has the ability to request extensions for up to 18 months and subject to any applicable regulations at the time of extension. The primary issue associated with this application is parking availability. In the past, church and bingo activities have large attendance, and on-site parking was inadequate, therefore, numerous cars parked along Oleander and in the vicinity of the Boys and Girls Club, which generated complaints from the area residents. Parking requirements for churches is 1 space for every 3.5 seats. Based on the maximum occupancy of 795, 228 on-site parking spaces are required. Since there are 93 existing parking spaces, 135 additional spaced must be provided. The applicant is proposing to use the dirt play area east of the building for parking and utilize parking attendants to direct people where to park. Due to lack of maintenance and irrigation on this area, that at one time had turf, it is now a compacted dirt lot that is used as a play area. In addition, the church is proposing to have monitors at the entrance to ensure that additional parking does not spill out into the street and block neighboring properties. Presently, there are plans for the subject area to be landscaped in approximately two years, therefore, the Parks and Recreation Department prefers that no paving or similar treatment be utilized. Should the Planning Commission decide to waive the parking surfacing requirements as allowed under the current ordinance for any use deemed as temporary for six months or less, the applicant will be required with any extension after the six month period to comply with all applicable conditions, including paving, therefore, staff recommends approval of the CUP for a six month period under the proposed scenario. In addition, there is concern with recurring fender-benders occurring on Oleander around this area. The Traffic Engineer is requiring that a two-way left hand turn lane into the facility for southbound traffic be incorporated into Oleander Avenue and that the easterly side of Oleander Avenue be red-striped to accommodate the turn lane. Commission Discussion: Commissioner O'Neill asked who would pay for the re-striping and de-striping, since this use permit is temporary in nature. Ms. Nevins responded that the applicant is aware of the restriping condition and has agreed to uphold their financial responsibility, however, no actual dollar amounts have been discussed. In addition, there is no indication that de-striping would be necessary because the area residents have indicated that a turn lane is necessary because of recurring fender benders, which is also the Traffic Engineer's recommendation to address safety issues in that area. Planning Commission Minutes -3- December 10, 1997 Commissioner Aguilar expressed concern with the effect of the anticipated down-pour on the dirt play area the applicant is proposing to use as overflow parking. Ms. Nevins stated that although this issue was not taken into consideration, past experience would indicate that rain would not be a problem because the dirt is compacted and there has not been a problem with puddling. Ken Lee indicated that the reason staff is proposing a six month CUP, is because of the issues that have been raised by concerned residents and issues like the one that Commissioner Agui~ar raised on the effects of rain on the dirt overflow parking area. The short-term use permit will enable staff to evaluate the effectiveness of the proposed mitigating measures as well as address any potential new issues. Commissioner Thomas stated he shares Commissioner Aguilar's concern with the rain, and suggested restricting the off-street parking to the east side of Oleander for those times that rain could prohibit parking on the dirt lot. Patty Nevins indicated that it is a viable recommendation that would be coordinated when the re-striping occurs. She further stated that the church is presently making every effort to ensure that church members park only on the east side of Oleander to minimize impact on the neighbors. Public Hearing Opened 7:20 Tim Gallagher, 1301 Oleander Avenue stated he has lived in the area since 1994 and has been progressively impacted by excessive street parking for after-hours activities taking place in the Boys & Girls Club. Initially, it started with the Saturday night bingo, then it grew to Sunday and Wednesday evening church services. He recommends that a new parking and a driveway be graded to the Boys & Girls Club off of the East Palomar extension project that is currently in progress, and close off the entrance to the Club from Oleander. Cathy Casillas Jamieson, 1748 Country Vistas Lane, Bonita, CA, stated she came to tonight's meeting on a separate item, however,as a member of the Board of Directors of the Boys & Girls Club is available to answer questions from the Commission. She indicated that it was her understanding that the church had submitted their 30~Jay notice, effective December 31st, to terminate their rental agreement Jim Robinson, 1540 Concord Way, Chula Vista~ CA, stated that the Boys & Girls Club rents the building for after-hour use to community groups such as the Boy Scouts, Men's Basketball League, Special Olympics and perhaps a half dozen community groups. Mr. Robinson responded to Commissioner Thomas' question on the attendance Bingo generates and stated that on Saturday, which is the peak Bingo night, there are approximately 150 vehicles and 200 to 250 people in attendance. In the past, there has been overflow street parking, however, within the past month or so, they have been parking in the back next to the portable building, which has adequate lighting. Planning Commission Minutes -4- December 10, 1997 Commissioner Tarantino asked when the plans were to re-landscape the area in question. Jerry Foncerrada, Assistant Director of Parks & Recreation, stated there is a requirement under the Conditions of Approval to require the Boys & Girls Club to submit within one year, to the Parks & Recreation Department a landscape plan and implementation plan. Commissioner O'Neil stated that the dirt play area was previously landscaped and irrigated at the Club's expense, but subsequently there was no maintenance and up-keep, and the turf was left to die. He asked if there would be adverse effects on the dirt and irrigation system because of the proposed use as a parking lot. Mr. Foncerrada responded that no adverse effects were anticipated, with the exception of minor repairs on an irrigation system that has been inactive for approximately 4 or 5 years. Paul Chacon, 809 Arroyo Place, Chula Vista, CA, Facilities Director for San Diego Church of Christ stated that since the church has been occupying the facility, there have been a couple of Sundays when there was a down-pour and the rain did not create a problem with puddling. If puddling were to become a problem, the church would direct their members to park along Oleander, north of the facility all the way up to the school where there is no residential uses at all. Greg Rogers Park also has a parking lot that could be utilized. Mr. Chacon further stated that he owns a parking company and some of his employees are church members, and would ensure that experienced parking attendants are directing traffic off of Oleander. In addition, ever since the public meeting was held, about a month or so ago, the church has not had any parking on the street. Mr. Chacon stated that the contract with Hope for Kids, a separate, non-profit entity, not affiliated with the Church, does expire on December 31, 1997 and is presently negotiating with the Boys and Girls Club to extend the period for another six months. The primary use, which is for the church, expires in June 1998. It is the church's intent to request extensions to carry them through, if need be, for the two-year period, with the hope of finding a permanent facility to move into by the end of the time period. Public Hearing Closed 7:35 Commission Discussion: Commissioner Willett asked for clarification on the proposed two-way left turn lane for southbound traffic on Oleander. Ralph Leyva, Traffic Engineer, stated that the two-way left turn pocket would be of benefit to the residents and is envision to be a permanent installation. The church would be required to pay for the portion that fronts the Boys & Girls Club, and the City would be responsible for any other striping beyond that, as well as the design and painting. Planning Commission Minutes -5- December 10, 1997 MSC (Willett/Tarantino) (7-0) that the Planning Commission adopt Resolution PCC-97-40 approving the project in accordance with the findings and subject to the conditions contained therein. Discussion on the Motion: Commissioner O'Neill stated his concern with the parking problem not being adequately addressed. Although the paving requirement could be exempted because it is a six months or less temporary use, the applicant has indicated that it is their intent to request extensions for up to two years; furthermore, the Bingo activities will remain indefinitely. The proposed parking lot scenario is a short-term solution to a recurring problem that will arise when the lot is landscaped and with the continued Bingo activities. Patty Nevins stated that staff has commenced review of the parking and paving standards and it is possible that changes may be made to the definition of temporary use. If code amendments have been processed by that time to allow waiver of paving for extended periods beyond six months, the applicants will then have the opportunity to request same. If no changes have been made, the applicant will then have to provide additional parking or decrease the occupancy to meet parking ratios. Chair Davis stated that the item under consideration is the CUP application by the San Diego Church of Christ and not the Bingo activities. The Bingo activities would need to be considered as a separate item. Commissioner Thomas asked if there has been any discussion with the app]icant as to the cost of paving the lot. Patty Nevins responded that she was not aware of any such discussions and furthermore indicated that paving the lot was probably not a viable solution because the Parks & Recreation Commission and Department is requiring the lot be landscaped within two years. Commissioner Thomas requested that the motion be amended to include that with any requests for extensions on this permit, that it come back to the Planning Commission for consideration. Commissioner Aguilar stated that she supports the motion and commended staff for working with the Church and the Boys & Girls Club in finding a solution to the issues of concern. She further commended the Church for their willingness to address the concerns of the neighborhood. Amendment to the Motion: MSC (WillettJTarantino) (7-0) that the Planning Commission adopt Resolution PCC-97-40 approving the project in accordance with the findings and subject to the conditions contained therein, and that after six months or for any future requests for extensions on this permit, that it be brought back to the Planning Commission instead of the Zoning Administrator. Motion carried. Planning Commission Minutes -6- December 10, 1997 PUBLIC HEARING: PCS-98-01; Tentative Subdivision Map for the Salt Creek Ranch Neighborhood 5A, Chula Vista Tract 98-01 involving 61 single family and three open space lots on 9.42 acres located on the east side of Lane Avenue just north of the Eastlake Business Center - Pacific Bay Homes. Background: Luis Hernandez, Acting Senior Planner, reported that this is a relatively new planned community that started about a year ago and is located north of the Eastlake Business Center. The proposed tentative map consists of subdividing 9.42 acres into 61 single family, and 3 open space lots. The lot sizes are 48' x 68' except for those lots with frontages along a street knuckle and cul-de-sacs, which are shown as 25-35 feet wide. Although not a part of the subdivision, the southerly open space corridor, which features a segment of the overall community hiking trail system, would be constructed in conjunction with the development of the property. A pedestrian walk would be provided through open space lot ~C" allowing direct access from the proposed project to the Community hiking trail system. This project is an interior facing subdivision with exterior walls along the entire perimeter of the site. Staff Recommendation: That the Planning Commission adopt Resolution PCS 98-01 recommending approval of the Tentative Subdivision Map Salt Creek Ranch Neighborhood 5A, Chula Vista Tract 98-01, in accordance with the findings and subject to the conditions contained in the draft City Council Resolution. Public Hearing Opened 8:00 No public input. Public Hearing Closed 8:01 Commission Discussion: Commissioner Ray asked where the funds are coming from for the development of the schools and parks. Liz Jackson, Pacific Bay Homes, stated that the money for the schools and parks has already been funded. Pacific Bay Homes made a cash payment of approximately 12.5 million dollars. Approximately 5 million went toward funding the parks, and the balance is to fund an elementary school. Planning Commission Minutes -7- December 10, 1997 MSC (Willet'dRay) (7-0) that the Planning Commission adopt Resolution PCS-98-01 recommending approval of the Tentative Subdivision Map Salt Creek Ranch Neighborhood 5A, Chula Vista Tract 98-01, in accordance with the finding and subject to the conditions contained in the draft City Council Resolution. Motion carried. PUBLIC HEARING: PCM-98-14 consideration of amendments to the Eastlake Greens Sectional Planning Area (SPA) plan and Eastlake II (Eastlake I Extension) Planned Community District Regulations and Land Use District plan. Background: Luis Hernandez, Acting Senior Planner reported that the proposed SPA amendment involves two neighborhoods within the Eastlake Greens Planned Community (Parcel R-2 and R-10). Parcel R-2 is a gated community located on the south side of North Greensview Drive and is surrounded by the Eastlake Golf Course. The land use designation is RS-5 which is single- family detached and contains 43 lots ranging from 7,000 to 12,000 sf, in which eight of the 43 lots have been developed. Parcel R-10 is a 34 acre site located on the south side of Greensview Dr. The adjacent land use is a single-family development to the east and west, the future Olympic Parkway to the south, and Greensview Dr. to the north. This parcel has been designated to allow 246 dwelling units at a density of approximately 7.1 du/ac. It could also allow a wide range of housing types, including single-family detached, attached duplexes, and multi-family projects. The proposed amendment to Parcel R-2 is the establishment of a land use district overlay, "Guest House Land Use District Overlay~, to allow guest houses as a permitted accessory use as is permitted in the City's Residential Estate zone, which is the lowest density residential in our City code. Some of the specific requirements in our standard RE zone for guest houses are primarily that these structures be detached from the main living quarters and have no kitchen or cooking facilities, and is intended for occasional use by guests and occupants for a period not to exceed 90-clay occupancy within a one year period. In addition, renting or leasing these quarters is not permitted. The proposed Guest House Land Use District Overlay contains the same basic development regulations as those in the RE zone except for some minor deviations that the applicant is proposing, such as allowing the guest house to be used by the occupant of the residence. In addition, the building separation requirement is 10 feet, but a 6 foot separation could be allowed by approval by the Zoning Administrator. The proposed amendment to Parcel R-10 is to change the land use designation from RP-8, Residential Planned Concept, to RC-10, Residential Condominiums. Both districts allow the same basic residential products, however, the RC-IO will allow the introduction of special propem/development standards as part of the projects site plan and architectural review approval. This added flexibility will allow the applicant to develop the property with two small lot products for which the adopted Planned Community District Regulations do not have development standards. Planning Commission Minutes -8- December 10, 1997 The requested change in land use designation with the above mentioned small lot development proposal will result in a reduction of permitted dwelling units from 246 to 231 (-15) and project density from 7.1 to 6.6 du/ac (-0.5 du/ac). Commission Discussion: Commissioner Aguilar asked for clarification on how the proposal to reduce the lot sizes would create a decrease in density. Mr. Hernandez stated that the housing products under the two land use districts, the existing and the proposed, are identical. However, the applicant is proposing a small product for which the Planned Community District regulations do not have a specific development standard. Therefore, by changing the land use district to RC-10, property development standards may be developed during the site plan and architectural review. In order to develop this site with the product that the applicant is proposing, the flexibility offered by the RC-10 [and use district is necessary. Public Hearing Opened 8:20 Allen Keil, 1475 Elmwood Ct., Chula Vista, CA expressed concern with this change allowing greater structural height as well as the effect of pricing of homes and dwelling units that are going to be in this area. Bill Ostrom, Eastlake Development Company, stated he was hesitant to quote any price on the value of the homes because it always depends on the market condition. Based on the similarity to another project, the best guesstimate he could offer would be that they would be within the price range of the Ventana project. In addition, the zoning allows the product to go up to 29 feet in height, however, the proposal is actually less than that. Mr. Hernandez indicated that the Zoning Administrator will be considering the specific development of this property in January and notices will be mailed to the area residents and will have the opportunity to review the actual product and how it fits within their neighborhood. Commissioner Willett asked if staff could provide a follow-up report to the Commission with the outcome of the Zoning Administrator's review of this project. Enrique Silva, 1447 Nolwood Place, Chula Vista, CA stated he lives adjacent to the proposed project and the value of the homes where he lives is $240,000 to $250,000. He is concerned with the effect this project may have on the property values in the surrounding area, and is also concerned with increasing traffic impacts around the elementary school. Public Hearing Closed 8:30 Commissioner Ray asked what would preclude the guest houses from being rented. Planning Commission Minutes -9- December 10, 1997 Mr. Hernandez restated that one of the standards in the RE zone is that no guest or occupant may occupy the quarters for a period in excess of 90 day within a one year period. Furthermore, the likelihood that the owner would intend to use it as a rental is highly unlikely because of the price range of the homes in this area. MSC (Thomas/Willett) (7-0) to adopt Resolution PCM 98-14 recommending that the City Council approve the proposal in accordance with the draft City Council Resolution and Ordinance based on the findings and subject to the conditions contained therein. Motion carried. PUBLIC HEARING: 1) GPA 98-01 - Request for a General Plan Amendment to change the General Plan Designation from Open Space to Commercial Retail, the Rancho del Rey Specific Planning Area I Plan General Development Plan from Community Facility to Commercial and the Site Utilization Plan from Community Facility CF-1 to Commercial Center C-2 for the Property located at 820 Paseo Ranchero - Rancho del Rey Investors, LP 2) PCM-98-09 Proposal to Amend Chapter IX-B; Commercial Center District of the Planned Community Regulations of the Rancho de Rey SPA I Plan by: A. Creating the C-2 Commercial Center District; B. Changing the Land Use Designation for the 1.6 acres of Land at 820 Paseo Ranchero to the Newly Created C-2 Commercial Center District from its current OS-3 Open Space District Designation C. Adding and Modifying the Permitted, Conditionally Permitted and Prohibited Land Uses Applicable to the C-1 and C-2 Commercial Center Districts. Chair Davis stepped down from the dais due to a potential conflict of interest. Background: Martin Miller, Acting Senior Planner, reported that the applicant, Rancho Del Rey Investors, LP, the owners of the Rancho Del Rey Information Center located at 820 Paseo Ranchero no longer have a need for the existing Information Center as most of Rancho Del Rey will be built out approximately over the next year. Because of the anticipated build out, they would like to market this property now for future sale. The current allowable land uses under a Community Purpose designation are highly restrictive and, therefore, the property owners are requesting the above-listed changes in order to broaden the permitted and conditionally permitted land uses for this parcel. The proposal is to establish uses that will allow the existing Information Center to provide services and minor commercial support facilities to the local residential neighborhood. In order to accomplish this, several amendments must first be approved; they are: Amending the General Plan, the RdR GDP, the SUP, and the Land Use Districts Map. At present, the General Plan designation is Open Space, the RdR GDP designation is Community Facility, the SUP designation is Community Facility CF-l, and the Land Use District Map zone is Open Space OS-3. Planning Commission Minutes -10- December 10, 1997 Amending the Planned Community District Regulations. This entails the creation of a new district to be called Commercial District C-2 and specifying permitted, conditionally permitted, accessory and prohibited land uses for it. It should be noted that the Commercial District C-1 is currently applied to the Power Center area along East H Street. The C-2 District will differ from the C-1 District in that it is proposed to be targeted toward smaller, neighborhood-type uses, where the C-1 District is designed to accommodate more intense commercial land uses. In addition, where the C-1 District has been applied to a comparatively substantial area, the C-2 District will be limited to the 1.6 acre parcel where the Information Center is now located. Staff Recommendation: That the Planning Commission accept the addendum resulting from IS-98-10 for EIR-87-01 and recommend approval of GPA 98-01 and PCM 98-09, subject to the draft City Council Resolution approving the amendments to the City's General Plan Amendment and the Rancho del Rey Specific Planning Area I Plan's General Development Plan and Site Utilization Plan, and Ordinance approving the amendments to the Rancho Del Rey SPA I Planned Community District Regulations for the property located at 820 Paseo Ranchero. Commission Discussion: Commissioner Ray stated he served on the Resource Conservation Commission when the construction of the Information Center was originally brought forth. He recalls that the original intent of this building was that it would be a temporary structure with an Open Space overlay, however, if it were deemed appropriate, the property could be sold, and it would be reviewed again when the time came. Commissioner Aguilar requested to view a slide that depicts the noticing radius of this neighborhood. Public Hearing Opened 8:47 A.Y. Casillas, 791 Avenida de la Barca, Chula Vista, CA spoke in opposition to this proposal. He indicated that when they were first looking into purchasing their home, they were told by the sales representative that there would not be anything at that site other than the Information Center building and that some day in the future the building would be donated to the City. In addition, the perspective buyers were told there would someday be a library and a fire training center in the area. Mr. Casillas is also concerned with the added traffic congestion that any commercial use at this site would generate, adding to the traffic that will be generated with the completion of the YMCA. The area residents urge the Commission to be conservative when deliberating on the types of commercial uses that will be allowed at this site, and to seriously consider the impact on the quality of life the use would have on this community. Mr. Casillas also urged the Commission to not act hastily and suggested a public forum be held with the app[icant, staff, and area residents to discuss the proposed uses and provide a means to voice their recommendations. Planning Commission Minutes -11- December 10, 1997 Thierry DiMatteo, 799 Avenida de la Barca, Chula Vista, CA stated he was told by the developer at the time of purchase that nothing other than a day care center would some day replace the Information Center which is what the property was zoned for. Mr. DiMatteo is concerned with the added traffic congestion any commercial use will being to the area and opposes rezoning the site to commercial/retail in order to enhance the marketability of the building. Craig Fukuyama, 2727 Hoover Avenue, National City, CA representing the owner of the property, Rancho Del Rey Investors, LP stated that their goal has been to preserve the building, which has won numerous regional and local awards for architectural excellence and City Beautification. The building was constructed about ten years ago with the intent of using it as an Information Center and as part of the sales and marketing program and eventually vacating the building when the RDR development came to an end. The projections are that they will vacate the building by Spring of 1999. Mr. Fukuyama stated that they met with a couple of homeowners (Mr. Casillas and Mr. DiMatteo) and discussed what the Investors' goals and objectives were. Mr. Fukuyama further stated that the zoning of Open Space exists because at the time, the intention was not to have commercial zoning anywhere but within the business center, and for lack of declaring this site residential or park land; it carried an open space zoning. RDR Investors have been trying to market the building for the last two years and have approached a number of churches, but they've been unable to find the means to acquire the property. As previously stated, originally their intention was to convert the property into a child care center, however, they've discovered that the more contemporary child care facilities, like Children's World and La Petite Academy need a singular facility of approximately 10,000 sf in size. They have indicated that in order to utilize this property, they would have to demolish the building and construct a singular building outside the easement. With the objective of preserving the building because of its quality as well as it being somewhat of a landmark, they are trying to market the building offering an expanded list of uses. It is not their intent to create a zoning that resembles the CN zone, because it would be too extensive, but rather, a limited number of uses that would be neighborhood compatible, and those uses that potentially were not neighborhood compatible, that they carried a conditional use requirement. The site is nearly 1.7 acres and only half of the property is currently developed with the Information Center and the parking lot. The property is abutted on two sides by collector streets, which are designed to accommodate the kinds of traffic were talking about, including the YMCA. One advan~ge is that the entrance to the building faces away from the residential uses, which would confine parking areas and access points away from the residential area and face toward the fire station site. If a second building were to be built or an expansion to the Information Center were to occur to accommodate an office-type building or medical building, it would occur to the west with the parking areas confined to underneath the SDG&E easement. Planning Commission Minutes -12- December 10, 1997 Mr. Fukuyama stated that it was unfortunate that they underestimated the market for day care centers, and had they known the difficulty they would encounter, they would likely have rezoned the property before the residences were built. Mr. Fukuyama stated that a comment was made that RDR Investors could donate the site to the City and pointed out that they donated the 5 acre YMCA site and donated some of the improvements and grading and utilities that are on the site. They have dedicated the fire station and library site for public uses as well as the school. If the property is rezoned, RDR Investors would market the property to those uses and try to insist to the extent that they can, that the building be preserved and any new structure would be have to mimic and be as comparable in terms of architectural style with the existing building. Commissioner Willett asked if any State regulation would preclude a child care facility from being in close proximity to power lines. Mr. Fukuyama stated that with respect to public schools, that may be the case, because where the residences are today, is where the Discovery Elementary School originally was planned and the State Architects Office required them to move it 300 feet outside the SDG&E easement. Commissioner Tarantino asked Mr. Fukuyama to define convenience store. He responded that it would not include a Seven-Eleven type of convenience store, but would be more like a deli, or some other kind of shop that would be ancillary to an office complex. Considering the proximity of the school and the YMCA, as well as the limited hours of operation, this would most likely preclude a convenience market like Seven-Eleven because of the liquor license prohibition. In addition, he pointed out there is a department store use contained in the list, that is probably an oversight and should be excluded as a permitted use. Fred Estepp, 795 Avenida Solaria, Chula Vista, CA stated he supports comments previously made by the residents because he too was told the same thing when he was first looking ito buying a home in that area. Mark Haas, 790 Avenida de La Barca, Chula Vista, CA stated he was upset because of the noticing radius, which barely goes past his home because the rest of his street and everybody else that lives in this area, who would be directly impacted by this corner did not receive a notice. In addition, as a peace officer, he is personally aware of a Seven-Eleven store in South San Diego that closes at 11:00 p.m. and opens as 6:00 a.m. Safety is of great concern to him because his experience has shown him that convenience stores attract kids, who in turn commit crimes known as "grab'n runs", where they grab an item and run to the nearest place where they can hide, which is into a residential area. He urged the Commission to not take action on this item and to hold a public forum where the entire neighborhood is noticed and they can give their input. Planning Commission Minutes -13- December 10, 1997 Ken Lee, Acting Director of Planning, stated that State law requires 300 feet noticing distance, which literally every jurisdiction in the County adheres to. The City of Chula Vista was at one time using 1,000 feet noticing radius and is presently down to 500 feet, which is well beyond what everyone else is noticing. Mr. Lee further stated that staff has no objection to holding a public forum and noticing the entire neighborhood that extends to the canyon. Public Hearing Closed 9:10 Commissioner Thomas stated he empathizes with the concerns the residents have raised and supports saving the building, which not changing the land use, almost guarantees the demolition of the building. Commissioner Tarantino stated that the constraints placed on the hours of operation are prohibitive enough that not even a video rental business like Blockbusters would be attracted because they have drop offs til midnight. Under the General Performance Standards, "...A request for a 24-hour operation must be made on an application supplied by the Chula Vista Planning Department." Commissioner Thomas stated the Planning Commission has the ability to grant or deny any conditional use permit on this property. Planner Miller stated that the CUP and Design Review could come back to the Planning Commission rather than the Zoning Administrator. The intent was that any land use that has the potential of cause any kind of impacts would come before the Commission and in some cases to the City Council. Mr. Miller stated that any applicant wanting to have a 24-hour operation would need to have it approved by the Zoning Administrator, but it could be required to come before the Planning Commission or City Council. Mr. Lee stated that the Commission could preclude the sale of liquor since they are drafting this ordinance. MSC (Ray/Thomas) (Chair Davis abstaining) recommending approval of GPA 98-01 and PCM 98-09 subject to the Draft City Council Resolution, approving amendments to the City's General Plan Amendments with the following preclusions under Permitted and Conditional Uses list starting on page 40 of Attachment 4. Exclude: #11. #12 Drug Store, Pharmacy Eating and drinking establishments: A. Restaurant, restaurant with coctail lounge, coffee shop, and full delicatessen (may serve alcoholic beverages) #14 Grocery, convenience, fruit or vegetable store Include an additional item under #12: D. Prohibit liquor sale in the C-2 zone, and Permitted in the C-1 zone; that any conditional use permit on this property come back before the Planning Commission for approval; and that no 24-hr. establishment be allowed. Planning Commission Minutes -14- December 1 O, 1997 Commissioner Tarantino questioned the wording of the motion and stated that in his opinion, listing the uses and changing them from "C" to "N" as "not permitted" is somewhat redundant, because all those listed under a conditional use permit woutd come back to the Planning Commission anyways. Mr. Lee pointed out that at Council's directive, in an attempt to move projects through the system, staff is trying to streamline Zone Variances and process a number of CUP's at staff level depending on the complexity. He reminded the Commission that they are literally structuring this ordinance to fit this site, and the Commission can specify that any items listed as Conditional Use Permits will require Planning Commission approval. Commissioner O'Neill expressed concern with placing excessive restrictions on the land use on this property; it is a prime piece of real estate situated in an area that is not directly surrounded by residents, and has adequate access by two collector streets which abutt the property. Commissioner Ray offer to amend his motion to include a condition that states that any use on the land come back to the Planning Commission for approval, and that can include pre-sale approval. Ann Moore, Assistant City Attorney stated that there needed to be some permitted uses and the property owner needs to have the ability to use the zone at some level. She further stated that the Commission could approve CUP's, but is not in a position to approve the developer's sale of the property. Mr. Miller recommended adding wording on Pg. 40 under IX-B.1 "Permitted & Conditional Uses" to read "...The following uses shall be permitted uses where the symbol ,p, appears and shall be permitted uses subject to a Conditional Use Permit where the symbol 'C# appears, Furthermore, Mr. Miller pointed out that there was no public forum held on this project, however, if the Commission wishes to proceed on this matter, staff is willing to conduct a public forum prior to this item going before the City Council. The commisssion concurred on both items. Commissioner Aguilar stated she empathized with the residents because they are now faced with an unexpected change which could potentially adversely affect their neighborhood. She also sympathized with RDR Investors in light of their failed attempt to market the building for use as a child care center, and current zoning limits its marketability. She further stated the need to develop creative mitigative measures such as raising the height of the wall which surrounds the residences, which could mitigate safety and noise pollution issues. Commissioner Aguilar proposed that the public hearing be continued for three weeks to conduct a public forum with area residents. She further asked if Vice Chair Willett could re- open the public hearing to ask Mr. Fukuyama if RDR Investors would be agreeable to this. Planning Commission Minutes -1 $- December 10, 1997 Ann Moore, Assistant City Attorney stated that re-opening the public hearing is at the discretion of the Chair, and could either be re-opened, or he could simply ask a question of a member of the audience, however, equal time would have to be allowed if there is anyone in the audience wishing to re-address the Commission. Commissioner Ray proposed to table this item for three weeks until the applicant and the residents can meet to discuss mitigating measures. Commissioner O'Neill pointed out that uses such as a day care center or church, allowed under the current zoning, would generate traffic impact as well. Commissioner Taranlino clarified his understanding of the motion as read and asked if the maker's intention was to change the "C' Conditional Use in the C-2 district, to "N" Not Permitted under land uses #11,12a. and 14. Commissioner Ray responded, "yes". Commissioner Tarantino stated he could not support the motion. Vice-Chair Willett asked Mr. Fukuyama if he would be willing to respond to Commissioner Aguilar's request. Commissioner Aguilar asked Mr. Fukuyama if he would be agreable to continue this public hearing to hold a forum. Craig Fukuyama re-addressed the Commission and stated that RDR Investors desires to move forward on this application and would prefer not to continue this public hearing to facilitate holding a forum with area residents. He stated that they had already met with some of the residents. They would, however, be agreeable to participate in a forum that staff has indicated they would be willing to hold between now and the time that this item goes to the City Council Mr. Fukuyama stated that after hearing the Commission's deliberation and residents concerns, that they would not have a problem precluding any of the items that the motion listed as ~non- permitted~ uses under the C-2 district. The applicant would not commence a sale without disclosing all of the issues. The sale would be conditioned upon the Planning Commission granting a CUP or in some cases would be conditioned upon approval by the Design Review Committee and the Planning Commission as well. No prudent buyer would buy the property without knowing that he would be able to use it for the purpose he intended. Mr. Fukuyama further stated that he was sorry that the residents were given inaccurate information by the former developer, UDC Homes. McMillin's sales representatives are prohibited from disclosing information that is not factual and they are specifically told what to disclose and what types of commitments the developer is able to make on the property. Vice Chair Willett called for the vote. Planning Commission Minutes -16- December 10, 1997 MSC (Ray/Thomas) 5-1-1 (Commissioner Aguilar voting against the motion and Chair Davis abstaining) recommending approval of GPA 98-01 and PCM 98-09 subject to the Draft City Council Resolution, approving amendments to the City's General Plan Amendments with the following preclusions under Permitted and Conditional Uses list starting on page 40 of Attachment 4. Exclude: #11. #12 #14 Drug Store, Pharmacy Eating and drinking establishments: A. Restaurant, restaurant with coctail lounge, coffee shop, and full delicatessen (may serve alcoholic beverages) Grocery, convenience, fruit or vegetable store Include an additional item under #12: D. Prohibit liquor sale in the C-2 zone, and Permitted in the C-1 zone; that any conditional use permit on this property come back before the Planning Commission for approval; and that no 24-hr. establishment be allowed. Motion carried. Chair Davis returned to dais. 5. PUBLIC HEARING: GPA 97-05/PCZ-97-03 - 1) Amend the General Plan for the property located at 675 Oxford Street to change the designation from Open Space/Research & Limited Manufacturing to Professional & Administrative Commercial; and 2) Rezone the property from R-1 (Res. Single Family) and IL-P (Industrial Limited - Precise Plan overlay) to CO-P (Office Commercial - Precise Plan) - Palomar Station, LLC Background: Martin Miller, Acting Senior Planner stated that the applicant is requesting an amendment to the Gerneral Plan and rezone of property at 675 Oxford Street from residential and limited industrial to office commercial. The property is zoned [L-Limited Industrial with a Precise Plan Overlay. The inverted flag-shaped lot is vacant with primary access from Oxford St., however, there is potential for limited or constrained access from Nap[es Street over the pole portion of the flag lot. The applicant has tried unsuccessfuiy to market the property as industrial land but has encountered difficulty in selling the property because of its proximi~ to Harbors[de Elementary School. The developer has come up with two potential development scenarios assuming approval of the Genera[ Plan Amendment and the rezone. One scenario would be to construct office buildings, and the second scenario is as a Conditional Use to develop it as multi-family. Either one of these land uses have more potential there considering the surrounding land uses. Planning Commission Minutes -1 7- December 10, 1997 Mr. Miller stated that the loss of industrial land is a concern to staff and they thought long and hard about this rezone. At one point staff was considering recommending against it, however, after an in depth review of this proposal and consultation with the property owners, staff is confident that this is one of the exception where a rezone is fully justified, considering the limited number of industrial uses that would be compatible with an elementary school and other residential land uses along Naples Street. Staff Recommendation: That the Planning Commission adopt the Negative Declaration for IS- 97-24 and recommend approval of G PA-97-05 and PCZ-97-03, subject to the draft City Council Resolution approving the application for a General Plan Amendment and Ordinance approving the application for a rezone for the property located at 675 Oxford Street. Commission Discussion: Commissioner O'Neill stated that access to this site will continue to be problematic no matter what the land use is, and would object to the flag portion of the lot accessed from Naples St. being used as a primary access. Cmr. O'Neill asked if it would be possible to open up Oxford Street. Cmr. O'Neill pointed out that in rezoning this site, you are forfeiting a very finite resource in the industrial zone, and even less with rail access in our community. Ken Lee, Acting Planning Director stated that they discussed this very possibility at length with MTDB. They were adament in that they would only consider another opening if the City agreed to close another street crossing. Access to the property is Oxford Street with only the potential for limited access coming off of Naples Street to serve as parking for the school or some secondary parking, because of its proximity to the school and the MTDB line. Public Hearing Opened 10:15 No public input. Public Hearing Closed 10:15 MSC (Willetl/Aguilar) to adopt the Negative Declaration for IS-97-24 and approve GPA-97- 05 and PCZ 97-03 subject to the draft Council Resolution and Ordinance approving the application for a rezone of the property located at 675 Oxford Street. Motion carried. o ACTION ITEM: PCC-95-47 - Extension of time on the approval of Conditional Use Permit approved pursuant to Resolution 18060 - The Kobey Corp. Resolution PCC-95-47C - A Resolution of the Planning Commission of the City of Chula Vista Approving an Extension Request forthe Conditional Use Permit for an Open Air Market Approved Pursuant to Reso. 18060. Planning Commission Minutes -18- December 10, 1997 Background: Acting Senior Planner Miller reported that due to the taw suit that resulted from the approval of the CUP for the amphitheater, this project was delayed, consequently Kobey's cannot go in an set up a swap meet until the amphitheater is completed. Their earliest projection in setting up operation is sometime in the Fall of 1998, therefore, they need this extension and staff feels it is appropriate. Staff Recommendation: Staff recommends that the Planning Commission approve the extension request. MSC (Thomas/Willett) that the Planning Commission approve the extension. Motion unanimous. UPDATE ON COUNCIL ITEMS Ken Lee reported that there has been some delay on a couple of items going to Council, but at their final meeting for this year, they will be considering the citation ordinance as well the amendment to the day care ordinance. DIRECTOR'S COMMENTS Mr. Lee gave an overview of the Commission's budget for FY 1998-99 and pointed out that the Travel account is pretty lean. In addition, he reminded the Commission that next year's Planning Commissioner's conference will be held in northern California and there may be enough money to send two commissioners at approximately $700 a piece which covers air fare, ground transportation and lodging, however, he suggested they consider requesting additional funds since that would leave the Planning Commission with only $500 for workshops for the entire year.. MSC (Thomas/Ray) to request an increase in the Travel budget in the amount of $500 to insure two Planning Commissioners will be able to attend Commissioner's conference. Motion carried. COMMISSIONER COMMENTS None. ADJOURNMENT at 'I 0:30 to the next regular Planning Commission meeting of January t 4, 1998 at 7:00 p.m. in the Council Chambers. Diana Vargas, Secretary Planning Commission