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HomeMy WebLinkAboutPlanning Comm min 1997/08/13MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:05 p.m. Wednesday, August 13, 1997 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALL: Present: Absent: Staff present: Chair Davis, Vice Chair Willett, Commissioners Aguilar, Ray, Tarantino, Thomas Commissioner O'Neill (excused) Ken Lee, Assistant Planning Director Martin Miller, Associate Planner Ann Moore, Assistant City Attorney Jim Hutchison, Acting Senior Civil Engineer M TI NT E MSC (WillettJRay) 6-0-1 to excuse Commissioner O'Neill due to a Conflict of Interest.. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS Read into the record by Chair Davis. APPROVAL OF MINUTES: July 23, 1997 MSC (Ray/Willett) 5-0-1-1 (O'Neill excused; Tarantino abstain) to approve the minutes of July 23, 1997 as submitted. ORAL COMMUNICATIONS None PUBLIC HEARING: Continued Public Hearing SUPS 96-06; Request for a special use permit to continue operating a truck terminal/trailer storage yard at 2451 Faivre Street - California Multi-Modal, Inc. and H.G. Fenton Material Company. Background: Martin Miller reported that this is a continued item from the July 23, 1997 Planning Commission meeting in which the applicant's attorney requested time to respond to some concerns they had with some of the conditions contained in the Mitigated Negative Declaration. The applicant submitted their concerns, and staff responded. The issues were as follows: Planning Commission Minutes - 2 - August 13, 1997 Notification when Municipal Code violation observed by Mitigation Monitoring Coordinator (MMC). Original Text Revised MMC notifies various City department heads of violations. MMC notifies applicant and the City to set a "reasonable time" for the violation to be remedied by CMl. If the violation is not remedied, the MMC will then notify the City after the reasonable time so that the City can take appropriate actions, including Code Enforcement action. 2. Frequency of inspections by MMC. Original Text MMC would conduct weekly inspections for the 2 year duration of the SUP. Revised MMC will perform inspections every other week for the first year, and for the second year, every month or upon request by the City. 3. MMC's responsibility regarding the silt fence. MMC will oversee the construction and monitor its condition throughout the life of the use permit. 4. Requirements for NPDES/SWPPP Original Text Required the preparation of NPDES/SWPPP Revised If NPDES/SWPPP are required, then the applicant must prepare same. 5. Wording related to drainage. Applicant is requesting removal of text referencing illegal filling of a drainage area across the property that CMl leases, immediately to the west. It is the City Engineer's opinion that this, in part, has contributed to a ponding problem at the entrance and exit of the CMl complex. Staff confirmed this with the City Engineer, and he sustains his opinion, therefore, the reference remains. Mr. Miller pointed to the memorandum left on the dais, which summarizes the action of the Resource Conservation Commission on Monday night. They are: The dust control agents should be reviewed for environmental, safety and health considerations. No modification to the hours of operation be granted. Planning Commission Minutes - 3 - August 13, 1997 The first year report on the status of the re-vegetation site should be completed prior to Planning Commission action. The RCC would like to review the performance of the mitigation monitoring at the end of a three month period. A survey of the residents and businesses in the vicinity should be conducted regarding the project's effect on dust, noise, speed and access. Staff Recommendation: That the Planning Commission adopt the Mitigated Negative Declaration for IS 96-08 and SUPS 96-06 subject to the draft Redevelopment Agency Resolution Commission Discussion: · Vice Chair Willett inquired about who would pay for the monitoring. Mr. Miller responded that the applicant/operator would pay for the monitoring through a deposit account set up with the City to pay the environmental firm. The terms of the monitoring would be drawn up through a Three-Party Agreement. Vice Chair Willett expressed his concern in over-regulating the monitoring program, and suggested they be conducted every other month, or perhaps even, quarterly. Mr. Willett commented on the RCC's request to review the performance of the mitigation monitoring at the end of a three-month period. It was his understanding that they had been reviewing the monitoring that has taken place over the last year and a half. Mr. Miller indicated that Merkel & Associates are under contract with CMl and they have been conducting monitoring, however, the City would prefer to contract through a Three-Party Agreement with an independent firm in order to avoid a possible conflict of interest. The RCC's request is to review the monitoring conducted by the new environmental firm after a three month period. Commissioner Aguilar indicated that the City Engineer stated that unpermitted grading and filling had been done, and asked staff if they could verify who and when it was done. Mr. Miller stated that CMl constructed a concrete slab for the entrance into their complex. Matt, Peterson, representing CMl, stated that the area in question is not down by the wetlands and is near the cul-de-sac where the main driveway entrance is. He further stated that their engineer's findings were that there was not unpermitted filling or grading that raised the elevation and that the ponding that Planning Commission Minutes - 4 - August 13, 1997 has been occurring for the last 15 years is a result of poor designing of the cul- de-sac. Furthermore, Mr. Peterson stated that CMl did construct a concrete driveway at the same elevation that it was when it was dirt and it did not worsen the problem. Commissioner Ray inquired how staff would go about setting a "reasonable time" to correct any violations. Planner Miller stated that the MMC would be designated to determine what a reasonable amount of time would be, however, it would have to be taken on a case per case basis depending on the nature of the violation and taking into consideration other factors, like weather. He further stated that if the violation was not corrected within the designated time, then it could evolve into a code enforcement action. Jim Hutchison, Acting Senior Civil Engineer reported that the cul-de-sac was constructed by the County in 1975 and gave a brief overview of its design. Chair Davis, restated her understanding of the overview of the design plans as presented by Mr. Hutchison. Originally, the road drained westerly, however, when the street was vacated and the cul-de-sac was constructed, the drainage to the west was hindered. Continued Public Hearing Opened 7:30 Matt Peterson, 530 B Street, Suite 2300, San Diego, representing CMl, stated that they were in concurrence with staff recommendations and conditions. He also stated that applicant would appreciate any consideration in reducing the frequency and length of time of the monitoring program. Lynne Heidel, 401 B Street, Suite 2400, San Diego, representing H.G. Fenton stated that they to were in concurrence with staff recommendations and conditions. She also wished to clarify that in the Mitigated Negative Declaration that the applicant is referred to as H.G. Fenton Material Company, and applicant is now "joint applicant". Dave Christenson, Assistant Vice President, CMl, 2387 Faivre Street, Chula Vista, reported that a chemical dust suppressant ( magnesium chloride) is being applied on a monthly basis. Using a watering truck, the chemicaL, a salt compound is mixed with water and applied on pre- watered soil to aid with the absorption. Two truck loads, each of 5,500 gallons is applied. Mr. Christenson further stated that within the Last two week, they have paved a good portion of the out gate which has also helped with controlling the dust. Additionally, CMl has contracted with a street sweeping service to come and sweep the cul-de-sac once a week. Public Hearing Closed at 7:40 Planning Commission Minutes - 5 - August 13, 1997 The Commission's general informal consensus was that they were supportive of the monitoring program and appreciative of the way in which the applicant/operator and staff came together and worked out a mutually agreeable compromise. The Commission further discussed the terms of the monitoring program and its frequency in order to ensure that the problems of the past and any potential future violations are prevented. Their objective is to implement a program that is not over-regulated, and yet addresses the area residents' concerns, and is protective of the wetlands. Matt Peterson stated that they had interpreted that there may be a possibility that no monitoring would be necessary for the second year, and that if it was necessary, it would be only at the request of the City. Therefore, unless the monitoring is needed, it would not automatically be once a month. MSC (Aguilar/Thomas) that the Planning Commission adopt the Mitigated Negative Declaration and recommend to the Redevelopment Agency that the Special Use Permit with the conditions recommended by staff and agreed to by the applicant be adopted. Amendment to motion (Aguilar/Thomas) to monitor biweekly for the first 6 months, and then once a month thereafter for the remaining 18 months. Discussion on the amendment to the motion: Commissioner Aguilar suggested extending the biweekly monitoring to 9 months in order to have it include the rainy season, and then have it once a month thereafter for the remaining 15 months. Amended motion (Aguilar/Thomas) 6-0-1 (O'Neill excused) that the Planning Commission adopt the Mitigated Negative Declaration for IS-96-08 and Special Use Permit SUPS 96-96 subject to the draft Redevelopment Agency Resolution and that biweekly monitoring be conducted for 9 months in order to have it include the rainy season, and then have it once a month thereafter for the remaining 15 months. o UPDATE ON COUNCIL ITEMS Ken Lee reported that the Conditional Use Permit for the INS building was approved by Council, and further stated that the applicant is expanding the building size by a few thousand square feet, which affects the loading dock area. In addition, Council approved the Ordinance Amendment to the sideyard setback. Council also approved the addition of an extra day of operation for the swap meet subject to some conditions that related to payment of fees, and additional landscaping. As a late item, two letters of complaint were received from area residents in which they complained about the loud music being played by a vendor whose stall was located toward the front entrance, close to L Street. The operator has been relocated toward the back of the swap meet and has been asked to lower the volume. Planning Commission Minutes - 6 - August 13, 1997 DIRECTOR'S COMMENTS Ken Lee reported that the regular Planning Commission meeting of August 27th and the Planning Commission workshop of August 20th have been cancelled. The next regular Commission meeting will be at 7:00 p.m. on September 10th, and the next dinner workshop will be at 5:30 p.m. on September 17th, with Otay Valley Regional Park being the item of discussion. (~OMMISSIONER COMMENTS Commissioner Willett inquired what was going on with the nursery that is being torn down on Broadway, next to the mortuary. Mr. Lee responded that he had nothing to report at this time, however he already had a scheduled meeting with Community Development to discuss future development at this site. Commissioner Ray stated that he recalled receiving a periodical update on building permits, which served as a helpful reference to be informed of new development and construction going on around town. ADJOURNMENT at 8:20 to the next regular Planning Commission meeting of September 10, 1997 at 7:00 p.m. in the Council Chambers. Diana Vargas, Secretary Planning Commission