HomeMy WebLinkAboutPlanning Comm min 1997/07/237:07 p.m.
Wednesday, July 23, 1997
MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CALL:
Present:
Absent:
Staff present:
Chair Davis, Vice Chair Willett, Commissioners Aguilar, O'Neill, Ray, and
Thomas
Commissioner Tarantino (excused)
Ken Lee, Assistant Planning Director
Patty Nevins, Acting Associate Planner
Martin Miller, Associate Planner
Fred Kassman, Redevelopment Coordinator
MOTION TO EXCUSE
For the record, Commissioner Tarantino announced at the last Planning Commission meeting
that he had a six-week teaching commitment and would not be attending one, or possibly
two Planning Commission meetings. At that meeting, the Commission moved to excuse his
absences.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS Read into the record by Chair Davis.
APPROVAL OF MINUTES: April 29 and June 11, 1997
MSC (Willett]O'Neill) 6-0-1 (Tarantino excused) to approve the minutes of April 29 and June
11, 1997 as submitted.
ORAL COMMUNICATIONS None
PUBLIC HEARING:
PCC-97-39; Request for a conditional use permit for a federal
government office and warehouse facility for the U.S. Department of
Immigration and Naturalization Services at 2411 Boswell Road,
within the Eastlake I Planned Community - Western Devcon, Inc.
Background: Acting Associate Planner Nevins reported that PCC-97-39 is a request to construct
an office and warehouse building for the U.S. Department of Immigration and Naturalization
Services. Approximately 115 permanent staff members will work at this site, arriving between
6:00 and 8:30 a.m. and departing between 4:30 and 6:00 p.m. The building will serve as a
regional facility for administrative, classroom, and warehouse operations for the INS. The
Planning Commission Minutes - 2 - July 23, 1997
warehouse space will be used for storage of paper, forms, and other office supplies, and the
applicant estimates approximately 5 to 10 deliveries per week.
Ms. Nevins indicated that the primary issues of concern would be related to site planning,
specifically the loading dock activities and trucking activities, which will occur on the north
side of the building. This area will ultimately be adjacent to residential uses within the Rolling
Hills Ranch subdivision. However, the truck-loading activities will only be a minor portion of
the operation. Representatives of the builders to the north have indicated that they are not
opposed to the project.
The office and warehouse uses are consistent with other uses in this area, and staff recommends
approval of the project subject to the conditions in the resolution. Ms. Nevins further stated that
she would like to add one additional condition that is normally used, but was not included.
That condition would be No. 10 "That the project shall comply with all conditions and
requirements of the Design Review Committee."
Ms. Nevins further stated that the Design Review Committee considered the project design and
approved the project, subject to conditions primarily associated with site planning issues.
Staff recommendation: That the Planning Commission adopt Resolution PCC-97-39
recommending that the City Council approve the project in accordance with the findings and
subject to the conditions in the draft Council Resolution.
Commission discussion:
Commissioner Thomas expressed concern on whether there are enough parking spaces
to serve the 115 employees, plus the additional 50 to 100 transitory vehicles that are
anticipated due to the training that will be conducted on the premises.
Staff indicated that there is ample parking, well in excess of the required numbers,
which is based on the building size and type of use of the facility.
Chair Davis inquired if there was any indication that there could be temporary
detainees at this site.
Ms. Nevins stated that there will be no processing of people or property, and will
strictly be for office and warehouse use. In addition, Ms. Nevins indicated that there
is a condition which states that if there are any changes or modifications to the
operations, that they must come back through the use permit process.
Commission Aguilar stated that because this site is being leased by a federal agency,
the City has no jurisdiction on the type of business that is conducted.
Assistant City Attorney Moore reaffirmed that federal agencies do not have to
specifically comply with our zoning code if they are using the property to provide a
governmental service, as is in this case. They are, however, agreeing to comply with
our zoning code coming in with a Conditional Use Permit.
Planning Commission Minutes - 3 - July 23, 1997
Commissioner Aguilar asked why a portion of the parking lot was gated with an 8 foot
iron rolling gate.
Ms. Nevins indicated that the gated portion would most likely be for official vehicles
and employee vehicles, and the ungated portion would be for visitor parking.
Public Hearing Opened at 9:05 p.m.
Gene Cipparone, Gene Cipparone Architects, 10525 Vista Sorento Parkway, Suite 120, San
Diego, CA 9212, representing the owners of the project and also acting as design consultant
for the INS addressed the Commission's concerns and comments.
Mr. Cipparone indicated that the intended use is strictly for office, training, and warehouse use.
One component of the project is a 12,000 sf area that has no lighting or heat and is designated
for storage of forms and office supplies. This facility will be the new headquarters and public
information office, which currently is housed in trailer buildings in Otay Mesa. Mr. Cipparone
further stated that there in no intent to harbor, process, maintain, or bring any illegal immigrants
into this facility.
Another component to this project is a training area which will be used as an on-going
education and training facility for agents.
The gated parking area will serve to protect official government vehicles, and also to maintain
a certain level of security to other federal agency personnel.
Public Hearing Closed at 9:15 p.m.
MSC (Willett/O'Neill) 6-0-1 (Tarantino excused) that the Planning Commission approve staff's
recommendation to adopt Resolution PCC-97-39 recommending that the City Council
approve the project in accordance with the findings and subject to the conditions in the draft
Council Resolution.
Preliminary Plans for Bayfront/Town Centre I Redevelopment Plan Amendments
Background: Fred Kassman, Redevelopment Coordinator reported that this past Spring, the
Redevelopment Agency and City Council held workshops on both the Bayfront and Town
Centre I Redevelopment Project Areas to determine the current status, what work was
remaining, and what future development potential these areas had. It was clear from
discussions at the workshops that both redevelopment project areas had not fulfilled their
promise, and required further efforts to remove blighting conditions and continue
redevelopment. There are a number of major projects which remain to be completed in both
the Bayfront and Town Centre areas.
The Bayfront Redevelopment Project Area, which was approved in 1974 expires in 1999, and
the Town Centre I Redevelopment Project Area approved in 1976 expires in 2001. Clearly,
Planning Commission Minutes - 4 - July 23, 1997
this is not enough time to complete the activities and generate the funding to provide the public
improvements. Therefore, staff is proposing to amend the Redevelopment Plans, primarily to
extend the time limits which are now allowed under the current redevelopment law. The
extended time for the Bayfront would be to the year 2014, and 2016 for the Town Centre I
proiect area.
The amendments would also extend the time limits to incur and repay debt and they would
also extend the time limits for the use of the power of eminent domain condemnation in order
acquire properties which are necessary to remove blight in the project areas.
In addition, Amendment No. 5 to the Bayfront Redevelopment Plan proposes to increase the
size by incorporating approximately 145 acres of Port District territory in an effort to generate
new development in those areas other than in the mid-bayfront, which has been the focus of
activity in the past 15 to 20 years, with limited results.
Mr. Kassman further stated that the Redevelopment Plan process requires that this action be
brought to the Planning Commission in the form of a Preliminary Plan which includes:
a description of the project boundaries
contains a statement regarding land use, population densities, street layouts, building
densities and standards
a description of impacts on the area residents for the Town Centre I Redevelopment Area.
The Preliminary Plan is prepared in conformance with State law. Once it is reviewed by the
Planning Commission, it will be forwarded on to the Redevelopment Agency, who in turn will
then notify the State agencies for further processing and preparation of the Amended
Redevelopment Plan. The Amended Plan will come back to the Planning Commission, and
Redevelopment Agency. The process requires compliance with CEQA, public hearings and
notifications in accordance with the law. The Redevelopment Agency has hired a consultant
to assist in the preparation of these documents
Commission Discussion:
Vice Chair Willett distributed for the Commission's information, copies of a Waterfront
Workshop that took place in March 27, 1997 outlining what staff has been involved with. In
addition, Mr. Willett reported that the Bayfront Coalition Committee fully supports staff's efforts
and the development of the Bayfront area.
Commissioner Thomas inqu~red about the 12-year em nent doma period under the proposed
amendment to the Town Centre I Redevelopment Plan.
Kathy Rosenow, Consultant, responded that the law allows a maximum of 12 years from the
time the project area is adopted, however, it may be extended by subsequent amendments.
Chair Davis clarified that this item was being considered by the Planning Commission to start
the approval process of the Preliminary Plans and to move this forward to the Redevelopment
Agency..
Planning Commission Minutes - 5 - July 23, 1997
Kathy Rosenow, Consultant, reaffirmed that approval of the Preliminary Plan by the
Redevelopment Agency sets in motion the public notification process.
Commissioner Ray inquired what time frame the City would be looking at for the extension of
"H" Street west of I-5.
Fred Kassman responded that there are a couple of major issues associated with the extension.
Currently, there is a proposal for a large manufacturing facility to be located within the Bayfront
Redevelopment area. The Port District recently selected a preferred alternative for the
alignment of "H" Street to go through Rohr Ind. property to Sandpiper Way. That study will
require further engineering and CEQA analysis, which will probably entail at least 1 year.
The other major issue is funding of the roadway, which is currently estimated at a cost of
approximately 6 million dollars. It is anticipated that new development will generate new tax
revenues which would be necessary to fund the extension of "H" Street. The City needs the
promise of new development to devise a financing plan for the road. To finance the road
without new development may be very difficult, unless the Port District is willing to contribute
a major part of the Capital Improvement Funds which are allocated to the City of Chula Vista.
MSC (WilletlJThomas) 6-0-1 (Tarantino excused) that the Planning Commission adopt the
resolution approving: 1) a Preliminary Plan to Bayfront Redevelopment Plan, and 2) a
Preliminary Plan to amend the Town Centre I Redevelopment Plan.
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.
Commissioner O'Neill stepped down from the dais due to a conflict of interest, having worked
with CMI's insurance carrier this past year.
Background: Martin Miller, Associate Planner, reported that the applicants (H.G. Fenton
Company and California Multi-Modal, Inc.) have been reviewing the mitigated Negative
Declaration for IS-96-08 and the Agency Resolution of Approval for SUPS 96-08. CMl
informed staff this afternoon that specific concerns regarding mitigation measures of the
Mitigated Negative Declarations and conditions in the Resolution of Approval. Mr. Miller
indicated that staff has not yet had time to review these items of concern, and is therefore
recommending that the Planning Commission:
open Public Hearing
public testimony be taken from the applicants and from the area residents, and
Public Hearing be continued to the next scheduled Planning Commission meeting on
August 13, 1997
Planning Commission Minutes - 6 - July 23, 1997
Public Hearing Opened.
Matt Peterson, 530 B Street, #2300, San Diego, CA, Law Firm of Peterson Price, representing
CMl stated they were retained a few day earlier to review the Mitigated Negative Declaration,
and they are in concurrence with staff's recommendation to open the public hearing, take
testimony, and continue this item to the next Planning Commission meeting. As previously
mentioned by staff, there are a few items of concern they would like to address; they are:
to avoid an added expense to the operation, applicant is proposing to implement the
weekly on-site monitoring for a period not to exceed two (2) months, rather than for the
full two years as staff is recommending. If after two months, all is well and there are
no complaints, applicant is proposing to discontinue the monitoring until such time that
it is needed or directed by staff; and
applicant is proposing to change the wording in a statement that reads, "applicant shall
obtain and provide a stormwater pollution run-off control plan and NPDES permit."
Mr. Peterson indicated that since applicant is not aware, at this time, of what would
trigger those requirements, applicant is proposing to modify the statement to read, "...
if required, the applicant shall obtain the necessary permits."
Lynne Heidel, 401 B Street, San Diego, CA, representing H.G. Fenton Material Company
stated that they have been working with staff, and anticipate resolving all of the issues and
mitigation measures.
Dante Vizcaya, 150 Jaguar St and Faivre, Chula Vista, CA, representing Pacific Bay Auto
Center and T&T Auto Repair stated that he was seeking information on the type of use the
operation will be conducting and the length of time the permit will be in effect.
Public Hearing continued to August 13, 1997
PUBLIC HEARING:
Special Use Permit SUPS-96-08(M); Request for additional day of
operations (Wednesday) for existing swap meet operating Friday -
Sunday at 690 L Street, within the I-L and I-L-P zones - Victor Joseph.
Background: Acting Associate Planner Nevins reported that the proposal under SUPS-96-O8(M)
is for the addition of a day of operation to be added to the existing swap meet operating
schedule. The swap meet has been conducting business now for approximately 5 months, and
is currently opened to the public Friday thru Sunday from 7:00 a.m. to 3:00 p.m. with
additional hours allowed for set-up and closing. The applicant is now proposing to conduct
business on Wednesdays, with the same hours of operation.
Ms. Nevins further stated that although the existing operation has not been in operation for a
significant length of time to be able to conduct a comprehensive impact analysis on the
surrounding area, the City has received no complaints from neighbors. Therefore, it is staff's
observation that the one additional day would have no significant impacts. Notwithstanding
that opinion, Ms. Nevins pointed out that there were a number of items that were in violation
Planning Commission Minutes - 7 - July 23, 1997
with the conditions of approval of the Redevelopment Agency Resolution No. 1523, which was
approved on December 10, 1996. These violations were outlined in a letter from Ken Lee,
Assistant Director of Planning, to the applicant dated July 9, 1997.
Subsequent to sending the letter, staff met with the applicant to discuss the list. The applicant
has indicated that most of the sign violations are abated, that the landscaping and building
permit issues can be brought into compliance expediently, and that the only item of concern
is that of meeting the paving requirements prior to opening on Wednesdays.
Ken Lee, Assistant Director of Planning, clarified that the paving requirement of the parking lot
is what is called a one-year temporary hard surface, consisting of decomposed granite and an
oil base, not the normal asphalt paving that occurs on a permanent facility. Mr. Lee further
stated that there have been discussions with the applicant about potentially phasing the paving
of the parking lot because at this time, the swap meet is not generating the traffic and parking
demands that would warrant paving the entire parking lot.
Staff recommendation: That the Planning Commission adopt Resolution SUPS-96-08(M)
recommending that the Redevelopment Agency approve the project subject to compliance with
the original conditions of approval.
Commission discussion:
Commissioner Aguilar inquired how staff would verify that the applicant has complied
with all of the conditions of approval.
Mr. Lee responded that the applicant or his representative would notify staff when they
were in full compliance and then staff would conduct a site visit to confirm it.
Commissioner Willett stated he supports staff's proposal to phase the paving of the
parking lot and commented on some of the non-compliance issues addressed in the
letter to Mr. Joseph; specifically, the landscape requirements; securing a business
license; refuse disposal; and security issues.
Commissioner Ray expressed concern on the applicant not having a business license.
Mr. Lee stated that Mr. Joseph's representative was given back the plans that were
previously submitted, which contained comments made by staff. The applicant was
suppose to respond to those comments and go back to the Building and Housing
Department and secure the permit, but he never did. The business license will be
issued as soon as the documents are completed.
Some of staff's comments included clarifying landscaping that was required in front of
the vendor area, and not in front of the parking area as is required in other types of
permanent businesses. In addition, supplementing some of the landscaping materials,
to staff's satisfaction, could also be allowed. Mr. Lee further stated that it was the Police
Department that raised the issue of security requirements. Originally, the applicant had
indicated that there would be ten security personnel on site.
Planning Commission Minutes - 8 - July 23, 1997
Public
Chair Davis inquired if the same sign requirements are being applied to the downtown
farmers market.
Mr. Lee indicated that the farmers market is a unique one-day-a-week proiect that was
authorized in an effort to entice people to come to the downtown area to boost
businesses in that area. He also pointed out that the Agency authorized signs within
the public right-of-way.
Commissioner Thomas inquired how is it possible for a business that does not have a
business license, issue business licenses to its vendors.
Ms. Nevins indicated that it is her understanding that the Finance Department issued
business licenses directly to the vendors, however, for clarifications, suggested simply
asking the applicant during the Public Hearing how that is being handled.
Hearing opened at 8:00 p.m.
Victor Joseph, 166 K Street, Chula Vista, CA, applicant addressed the Commission and
stated that he has a viable business with adequate landscaping, flushable toilets, gravel
surface, and plenty of security. Mr. Joseph further stated that with the exception of the
paving of the parking lot requirement, he did not understand why he is in violation.
Applicant indicated that when a vendor pays the fee to operate in the swap meet, he
then brings it to the Finance Department and they issue a business license.
In addition, he is requesting 90 days to comply with the parking lot requirement.
He further stated that if he is not allowed to open on Wednesdays, he will be out of
business.
Mr. Joseph stated he intends to go to the Building and Housing Department first thing
on the following day (7/24/97) to file the necessary paperwork to secure a building
permit.
Rod Davis, 233 4th Avenue, Chula Vista, CA representing Chamber of Commerce
stated his frustrations in what he perceives as being excessive requirements placed
upon applicants attempting to establish business in the City of Chula Vista, and what
appears to be selective enforcement and/or citing on businesses that are in some kind
of violation.
Mr. Davis recommended that some type of procedure be implemented whereby when
a complaints is logged, that there be some type of public notice made available. He
further recommended giving our City inspectors citation authority to write tickets.
Alma Romero, 881 Oaklawn Avenue, Chula Vista, CA 91911, stated that she sells
oranges at this swap meet and her signs a set up on Friday, Saturday and Sunday at
approximately 7:00 a.m., and they come down everyday after the swap meet closes.
Planning Commission Minutes - 9 - July 23, 1997
Ms. Romero informed that Commission that she has received nothing but positive
feedback from the area residents, which is why there are no people at this meeting
opposing this project.
Ms. Romero also stated that when she attempted to secure a business license through
the Finance Department, she was told that they were not handling that and was referred
back to the swap meet.
Ms. Romero further stated that she has personally witnessed the different types of uses
this property has had because she has lived across the street from the swap meet for the
last twenty years. She indicated that this is the first time that something positive and
beneficial to the city has been placed at this location and wholeheartedly supports the
swap meet.
Public Hearing Closed at 8:15
Vice Chair Willett will abstain from voting due to a conflict of interest because the applicant's
consultant is related to him.
MSC (Aguilar/Thomas) (Tarantino excused; Willett abstaining) that applicant's request for an
additional day of operation be granted upon verification by the City that the applicant is in
compliance with all of the conditions, with the exception of the paving of the parking lot.
In addition, al~plicant shall then be granted 90 days to pave 50% of the parking lot.
Commissioner Ray recommended changing the motion to granting a temporary approval
contingent upon full compliance within 60 days with the original conditions of approval, and
granting the applicant 60 days to pave 1/3 of the parking area.
Commissioner Thomas stated he was willing to grant the applicant the extra day of operation
to allow him to become solvent, granting him 60 days to be in full compliance and 60 days to
pave 1/3 of the parking lot.
Commissioner Aguilar stated that she would be willing to amend her motion to granting the
applicant 60 days to pave 1/3 of the parking lot.
Commissioner O'Neill stated that he was willing to grant the applicant 30 days to be in full
compliance, have permits in hand, and 60 days to pave 1/3 of parking lot. Applicant could
then be granted the extra day of operation on the first Wednesday after he has secured building
permits.
Amendment to motion: (Aguilar/Thomas) that applicant's request for an additional day of
operation be granted upon verification by the City that the applicant is in compliance with
all of the conditions, with the exception of the paving of the parking lot. In addition, the
applicant shall then be granted 60 days to oave 1/3 of the parking lot
Planning Commission Minutes - 10 - July 23, 1997
Amendment to motion: (Aguilar/Thomas) that verification of compliance with all of the
conditions shall occur prior to this item going before the Redevelopment Agency meeting on
August 5, 1997 and that 1/3 of the parking lot shall be paved within 60 days.
Amendment to motion: (Aguilar/Thomas) that City shall verify that applicant has submitted
the necessary paperwork to put into motion compliance with all of the conditions prior to
this item going before the Redevelopment Agency on August 5, that 1/3 of the parking lot
shall be paved within 60 days, and that City shall verify at the end of 60 days that he is in
compliance. VOTE ON MOTION: Motion carried 5-0-1-1 (Tarantino excused; Willett
abstained).
MSC (O'Neill/Thomas) 5-0-1-1 (Tarantino excused; Willett abstaining) that staff monitor the
increase in business, and that at staff's discretion, upon written notification, the applicant be
required to, within 60 days, pave the parking lot by increments of 1/3 when the parking
needs exceed the 1/3 area.
UPDATE ON COUNCIL ITEMS
Assistant Planning Director Lee reported that the City Council:
concurred with the Planning Commission's recommendation to rename East Orange
Avenue to Olympic Parkway between 1-805 and Wueste Road.
passed the amendment to the Municipal Code to change the definitions of small and
large family day care homes and family day care, and
accepted report on Otay Ranch Spa One Planned Community District regulations on
"Hollywood" driveways. This was a response to the request that was made by
McMillin. There is a new request from Village Development asking for a similar
consideration, and report is forthcoming.
DIRECTOR'S COMMENTS
Mr. Lee reported that Bob Leiter, Planning Director, announced his resignation from
employment with the City of Chula Vista, and has accepted a position with the City of San
Rafael, and will be leaving the August 8.
In the meantime, Mr. Lee has accepted to fill in as Acting Planning Director until such time that
the position is filled on a permanent basis. Duane Bazzel, Principal Planner, will be Acting
Assistant Director.
In addition, Mr. Lee stated that on August 7, between 3:00 and 5:00 in Conference Room 2&3
there will be a reception for Bob, with cake and refreshments. Flyers will be mailed out to the
Commission, City Council, and others who have worked with Bob, inviting them to say
farewell to him
Planning Commission Minutes - 11 - July 23, 1997
COMMISSION ER COMMENTS
Vice Chair Willett commended staff for their work on the swap meet, and CMl project. In addition,
Vice Chair Willett congratulated Mr. Lee for his appointment as Acting Planning Director.
ADJOURNMENT at 9:20 to the next regular Planning Commission meeting of August 13, 1997
at 7:00 p.m. in the Council Chambers.
Planning Commission
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