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HomeMy WebLinkAbout2017-11-08 PC Minutes_Z�([/�"_ al crrr of CHULA VISTA November 8, 2017 6:00 p.m. CALL TO ORDER MEMBERS PRESENT: MEMBERS ABSENT OTHERS PRESENT: MOTION TO EXCUSE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA Council Chambers 276 Fourth Avenue, Chula Vista, CA Commissioners Anaya, Burroughs, Milburn, Nava (in at 6:03 after roll call), Zaker and Chair Gutierrez Commissioner Calvo Twenty-two members of the public which included members of the businesses and food truck owners/representatives Motion by Anaya; Seconded by Zaker Vote: 6-0-0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE — led by Commissioner Nava OPENING STATEMENT: Chair Gutierrez 1 Approval of Minutes October 25, 2017 Motion by Zaker; Seconded by Nava Vote: 5-0-1 (Anaya abstained) PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, but if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you would like to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting. Planning Commission Minutes November 8, 2017 P a g e 1 2 2 PUBLIC HEARING: Consideration of amendments to the Chula Vista Municipal Code (CVMC) to amend Section 19.58.022 (Accessory Second Dwelling Units (ASDUs) and other accessory use code sections to comply with State law. Project Manager: Michael Walker, Sr. Planner Staff Recommendation: That the Planning Commission recommend to the City Council adoption of the proposed CVMC amendments. Senior Planner Michael Walker gave a brief presentation on the change of the State's establishment of the ASD and JASD unit requirements in January of 2017 to address the affordable housing demands. When this happened, the City's regulations became null and void. Tonight, staff is bringing forth amendments to the CVMC in order to comply with State law. Michael presented the main provisions - some of which were: • No minimum lot size requirement • Maximum ADU size limited to 1200 sq ft — not to exceed 50% of the gross floor area or whichever is less. • On-site parking not required if located within % mile of public transportation • Requirements for units constructed above a detatched garage • Owner -occupancy will be required • JADU's located within the existing dwelling (converted bedroom) not to exceed 500 sq ft. • Replacement parking in-kind to be required when a garage for the primary dwelling is converted • Address of "residential uses" — definitions for explicit zones Questions to staff from Commissioners included: • Parking requirements and clarifications • How will these units be regulated as additions to properties and coordinating architecture etc. • How will inspections be done - building vs planning PUBLIC HEARING OPENED • William Best spoke to clarify what he saw as discrepancies between the proposed ordinance and current State law. • Peter Watry, representing Crossroads II, spoke in support of the ordinance although they are not happy with the parking arrangements. PUBLIC HEARING CLOSED Planning Commission Minutes November 8, 2017 P a g e 1 3 COMMISSIONER DELIBERATIONS Concerns included: • In view of Mr. Best's concerns — has legal reviewed/vetted? Atty Shirey: Yes — have made several changes to it, but concerns are valid. Staff has chosen to move forward and legal has determined it to be acceptable. However, it could be revisited. • Question on Page 14, B1— 50% of floor/wall needs to be attached — was that deleted? It is no longer a requirement ACTION: Motion to approve by Gutierrez Second by Zaker Motion rescinded by Gutierrez in order for further discussion Anaya: Understands why we need the ordinance, but is fearful that if it goes to Council the way it is, they will have some of the same questions. Would like to see staff "shore -up" the ordinance. Zaker: Do we know what other jurisdictions have passed? Walker: San Diego has no parking requirements; some jurisdictions are still in the process of passing something; goal is to comply with State, but keep local control. Anaya: Do we have a timetable and does this need to be passed tonight? Walker: No set time, but the City does not now have an Ordinance for ADU's. Milburn: How can we enact something that is different from State guidelines? Walker: In reading the State code, it does not prohibit the non -abatement of garages. We do understand that the intent is to not create burdensome regulations to prevent the opportunity to move forward with a unit. Gutierrez Commented on the fact that the City does not currently have an Ordinance and although there maybe some issues regarding its defensibility, and it has been approved by staff as being adequate. Even though we may need to revisit this for clarification, we do not currently have anything on the books. He further spoke on the pros and cons of passing the matter tonight. There was additional discussion by Commission and staff regarding State jurisdiction and compliance and the differences in State requirements and this ordinance. ACTION: Motion by Zaker to approve the item. No second — motion failed Discussion continued on working out the discrepancies from the State law and local control. If the City doesn't have an Ordinance, State law will prevail. In order to give the residents the right elements for their use, we have to make sure it is defensible. Planning Commission Minutes November 8, 2017 P a g e 14 Options for action tonight were presented by Attorney Shirey and the Commission decided to move forward by approving this item with additional language regarding parking. New language for the Ordinance as provided by Attorney Shirey: Notwithstanding CVMC 19.62.190, if the accessory dwelling unit involves the conversion of an existing garage used by the primary residence, replacement parking as shall be provided prior to, or concurrently with, the conversion of the garage into the accessory dwelling unit. The replacement parking may be located in a configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts. If the existing driveway is no longer necessary for the access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from CVMC 19.58.022(C)(7). ACTION: Anaya made a motion that staff work with City Attorney's office to shore -up the items discussed, read the new language for the Ordinance regarding garages and approve the item tonight. Seconded by Chair Gutierrez as amended by the City Attorney Vote: 6-0-0-1 (Calvo absent) 3 PUBLIC HEARING: Consideration of amendments to the Chula Vista Municipal Code (CVMC) to add a new Section 19.58.440, Mobile Food Facilities, and amending associated Chapters 8.20 (Food Vendors) and 5.62 (Vending Vehicles). Project Manager: Michael Walker, Sr. Planner Staff Recommendation: That the Planning Commission recommend to the City Council adoption of the proposed CVMC amendments. Michael Walker, Senior Planner, gave a brief presentation as to why this item is being brought forth. He advised the Commission that the City has experienced a surge of mobile food facilities that operate on public and private property, and recognizes that these facilities provide diverse dining options for the general public, and an opportunity for entrepreneurs to operate small businesses. Staff identified the need for a new mobile food facility ordinance as there currently are no land use regulations for these facilities. The proposed ordinance considers food trucks, trailers and pop -ups as mobile food facilities. Planning Commission Minutes November 8, 2017 P a g e 15 The item for consideration is to amend the Chula Vista Municipal Code by adding a new mobile food facility ordinance to Chapter 19.58 (Uses), specifically Section 19.58.440, and amending Chapters 8.20, 5.62, and 10.52 regarding food vending, vending vehicles, and parking limits respectively. The proposed ordinance will address the use of these facilities on public and private property, and establish a permit process - as reasonable regulations are necessary to ensure that mobile food facilities operate in accordance with health, safety and traffic laws of the state and the City's parking requirements. In addition, that they do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. In addition, mobile food facilities that vend in the public right-of-way are governed by the California Vehicle Code that regulates the time, place, and manner to protect public health and safety. His presentation included discussion on 1. Main provisions of the new ordinance 2. Amendments to the current code 3. Permitting process 4. Enforcement 5. Public Outreach QUESTIONS TO STAFF Q. No current requirements for food trucks A. County of San Diego requires health permits — Chula Vista has no zoning regulations Q. Can staff clarify the 150 -foot requirement A. It was requested at the workshop — City currently has no distance requirement Q. Please explain the difference in the amended ordinance in relation to furniture A. At the workshop, it was proposed to add far more furniture options. The differences in what was wanted and what we are suggesting are shown in the two ordinances. Michael Walker read the staff recommended ordinance language and then the alternative language. Q. Is the requirement on the second one for the public right of way — clarification of canopy limitations. A. The intent is for this to apply to private property or public property in the form of parks and those kinds of things, they would be allowed to have those amenities. The question of this item is how much the Commission feels is appropriate. There was extensive discussion on this item which included topics such as: • Parking • Canopies Planning Commission Minutes November 8, 2017 P a g e 1 6 • Permits • Minimum standards • Primary use of space definition • Minimum operating space requirements Principal Planner Scott Donaghe and Michael Walker addressed most of the concerns and advised the Commission that the Ordinance is modeled after the City of San Diego Ordinance. The difference in the Ordinances are the accessories permitted i.e. tables, chairs, belly bars, and canopies. PUBLIC HEARING OPENED Speakers included: Adam Sparks — Mangia Italiano — opposed Ryan Hermosillo — EI Comal Joseph Raso — La Bella Pizza Anthony Raso -Bar Sin Nombre Tim Parker—Chula Vista Brewery Stephen Stenberg—Third Avenue Alehouse Marco Polo Cortes — Coalition of Mobile Food Trucks Chula Vista — supports Herman (?) Castillo — California Sushi — opposed Antonio Lei (sp) — Corazon de Torta Food Truck — support PUBLIC HEARING CLOSED COMMISSIONER DELIBERATIONS - condensed Anaya Not sure which way to vote — before he can vote, he thinks we need a balance. Need business to work together. How much did we pattern our ordinance after City of San Diego? Think they may have had some prohibitions regarding where the food trucks could be. He thinks the City of San Diego explored the options and found a balance. Zaker Absolutely excited with the entrepreneurship in Chula Vista. He wants to honor the long timers, but support the growth of Chula Vista. Currently cannot support any decision tonight but would recommend that everyone gets together in a "non -formal" setting and perhaps can find a solution. Planning Commission Minutes November 8, 2017 Page 17 Milburn: Can staff clarify: "payment being made through a primary business"? (Only through private catering events). Also, limitation of power strips (addressed not allowing electrical cords from a truck to a building) He has seen a tremendous change in Third Avenue and thinks this is a growing pain. Gutierrez He's been watching the changes in Chula Vista and the progress. Businesses prosper due to change and higher density, new breweries coming in which make people utilize Third Avenue more. This ordinance will be a fine balancing act to include the entire area and understands the ordinance was inspired by City of San Diego food truck regulations. Can staff explain differences? Donaghe: Michael was the primary person that drafted this, but we always look at other jurisdictions to see what they've done. Wants to reiterate that this is not just about Third Avenue, but about Chula Vista. This started nearly 3 years ago because of the food trucks on Main Street. He would like to hear the specific concerns because he has heard some that are not addressed by the ordinance. Anaya: Please walk us through the Public Outreach done for the entire City of Chula Vista. Walker: There was a draft Ordinance to Development Services Oversight Committee. As far back as 2014 have worked with TAVA, the Food Truck Association and more recently the Restaurant Association. Originally discovered that the TAVA stakeholders had some concerns, so the City decided to hold a workshop. The timing was off, we did provide an opportunity and other than the two items brought up, there was no substantial information that would enhance or inhibit the ordinance — those being the 150' requirement and consideration of a 2 -year review. Anaya: Commissioner Anaya is involved in public outreach by profession and although there was a workshop the day before this meeting, thinks more public outreach and/or education needs to be done as a consequence of having a late workshop. Thinks we need to focus on more than just Third Avenue to include a broader group of people. Would like to see it tabled and brought back in 30-60 days. Zaker: Doesn't think we can figure out the appropriate action tonight. He thinks additional dialogue is needed to encompass a city-wide ordinance, but specifically look at the needs of Third Avenue and factor that into the conversation. Perhaps there could be some specific conditions that could be granted to Third Avenue. He would support Anaya's recommendation. Gutierrez Thinks group (restaurateurs, breweries, food truck owners) need to have a dialogue. There is going to be change happening and it can get uncomfortable, but communication between groups so that they can come together is needed. Planning Commission Minutes November 8, 2017 P a g e 18 Milburn: Questioned the 150' limitation from E to south of G Street. Walker: Didn't look at the impacts as the ordinance does not provide for that distance regulation. Milburn: Understands the concerns of the restaurants for a large number of food trucks on Third Avenue and hopes there is a way to strike a happy medium. Would like to see some partnerships to get some synergy going. Attorney Shirey stated that if it was the consensus of the Commission to table the item and bring it back at a later date, no motion or vote was needed. Donaghe: Will do some additional outreach, but wanted the Commission to know that what was presented was an industry standard. Anaya: Have to look behind the umbrella of TAVA and look for the community to work together. Perhaps we need to educate what is in the ordinance and maybe "tweak" it a bit. ACTION: There was no action and the item was tabled to a date to be announced, but after some additional conversation/outreach — and also within the community. OTHER BUSINESS 4 DIRECTOR'S COMMENTS There were none 5 COMMISSIONERS'/BOARD MEMBERS' COMMENTS There were none ADJOURNMENT to the regular meeting on December 13, 2017, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue in Chula Vista, California. Mmytes submitted by:,i Patricia` Laughlin, Board Secretary Minutes with corrections approved January 10, 2018 MSC: Milburn/Nava Motion passed: 4-0-0-3 (Anaya Calvo, Zaker absent)