HomeMy WebLinkAboutPlanning Commission Minutes 2001/06/27
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
Wednesday, June 27, 2001 276 Fourth Avenue, Chula Vista
ROLL CALLI MOTIONS TO EXCUSE:
Present: Chair Thomas, Commissioners Castaneda, Hall, Cortes, Willett,
McCann, O'Neill
Staff Present: Jim Sandoval, Assistant Director of Planning and Building
Luis Hernandez, Principal Planner
Joan Isaacson, Environmental Projects Manager
Kim Vander Bie, Associate Planner
Steve Power, Associate Planner
Byron Estes, Redevelopment Manager
Ann Moore, Assistant City Attorney
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Thomas
ORAL COMMUNICATIONS:
A letter was placed on the dais for the Commission's consideration from Mr. Bill Tripp. Jim
Sandoval gave a brief review of its content and stated that Mr. Tripp has a concern with the
way the City processes granny flats. He believes the noticing requirement should go beyond
what is currently being done, which is the 300 foot radius.
Granny flats are age-restricted units that are allowed in R-1 zones either as attached to a single
family home or as a detached unit. The City currently processes these applications
administratively and notices are mailed to residents. If there is opposition to the project, an
informal meeting is held with the residents who oppose it and staff
Staff has recently been looking at better ways to serve these types of projects. State law is very
specific as to what the requirements are and is restrictive to the City as far as what condition
can be imposed.
Mr. Sandoval stated that since this item is not on the agenda, it would not be appropriate to
enter into a discussion and suggested that if the Commission wishes, this subject matter could
be on a future agenda. The Commission concurred.
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Planning Commission Minutes - 2 - June 27, 2001
1. Public Hearing: Tentative Subdivison Map PCS-01-07, to develop twelve lots for
single-family homes at the southern terminus of Cedar Avenue.
Applicant TNT Services.
Background: Kim Vander Bie, Associate Planner reported that the projected proposes to
develop 12 single family residential lots ranging from 6,000 to 8,992 sf on 2.43 acres.
The site was formerly a nursery is a 2.43 acre L-shaped parcel on the terminus of Cedar
Avenue, south of L Street between Fifth Avenue and Broadway. Chain link and wooden
fencing surrounds the property, which abuts rear or side yards of existing single family
homes. Additional fill soil will be imported to level the lots on the west end (lots 1
through 3). Six 3 bedroom and six 4 bedroom homes ranging from 2,000 to 3,000 sf
each are proposed, and will be single and two story homes.
Cedar Avenue, which runs south will be extended to the east and end in a cul-de-sac.
Curb, gutter and sidewalk will be install both on the existing and new portion of Cedar
Avenue and street trees will be planted on a 5.5 foot wide easement that will be
dedicated to the City along the new portion of Cedar Improvements. Other
improvements will include public utilities such as water, sewer, and drainage facilities.
The panhandle lots are subject to special requirements including, but not limited to,
providing one guest parking space, and erecting a five-foot high fence on each side of
the driveway, behind the front setback and on those property lines abutting adjoining
properties.
Ms. Vander Bie stated that a letter was received from Sandra Frankson of 548 Arizona
Street, where she expresses concern that the developer is not required to put fencing
around the entire subdivision.
Staff recommendation: That the Planning Commission adopt Resolution PCS-01-07
recommending adoption of the Mitigated Negative Declaration and approve the Cedar
Park Subdivision Map, subject to the conditions of approval, including the mitigation
monitoring and reporting program measures.
Commission Discussion:
Chair Thomas asked for clarification on why there area exceptions being made for this
project as it relates to the Subdivision Manual requirements.
Mr. Sandoval stated that there is some latitude for the City to make some discretionary
allowances in an attempt to create a better situation on unique properties. Generally, if
there is flat bare land with no peculiarities in the property dimension shapes, then all of
the standards are applied straight forward.
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Planning Commission Minutes - 3 - June 27, 2001
Commissioner Castaneda asked if there are any measures in the design element to blend
this development with the existing older neighborhood.
Public Hearing Opened 6:35
Jeffrey Bender representing TNT Services addressed the blending of this project with the
existing neighborhood. He stated that the homes along Arizona Street are newer and
some of the houses have tile roofs, while other have shingle roofs. The majority of the
homes are single story houses. The proposed development will have stucco-finished
homes, consistent with the surrounding neighborhood and the colors will be light earth
tones.
Mr. Bender further stated that he has spoken to a few of the surrounding neighbors who
are pleased that the property is finally being developed with new homes that will in turn
raise the property values of their homes.
Commissioner Hall asked what the price range would be for these homes. Additionally,
he asked if the applicant planned to have a community briefing informing them of what
they could expect in terms of construction schedule.
Mr. Bender stated that the price range would be approximately $269,000 to $279.000.
He further stated that the project is served from Cedar Avenue, which has 6 families that
he has kept in contact with.
Public hearing closed 6:50.
MSC (Willett/Hall) (7-0) that the Planning Commission adopt Resolution PCS-01-07
recommending adoption of the Mitigated Negative Declaration and approve the Cedar
Park Subdivision Map, subject to the conditions of approval, including the mitigation
monitoring and reporting program measures. Motion carried.
2. Public Hearing: PCC-01-76; adoption of a resolution denying the establishment of a
used car dealership located at 201 Broadway (southeast corner of
Broadway and E Street) within the Commercial Thoroughfare (Cn
Zone.
Background: Steve Power, Associate Planner reported that the applicant is proposilng to
establish a used car dealership on the site of the previously existing Union 76 gasoline
station. No significant changes would be made to the existing structure. The project
calls for the placement of approximately 30 cars for sale on the lot and the applicant is
also proposing to use the previous pole sign with the "Union 76" ball adve~tising
Bayview Motors instead.
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Planning Commission Minutes - 4 - June 27, 2001
Staff has serious concerns regarding the desirabi lity of the proposed car dealership at this
highly visible location and believes that this use would not further the City's aim toward
revitalizing the area and encouraging a pedestrian-oriented retail type of development,
therefore, is recommending denial of the Conditional Use Permit as submitted.
Byron Estes, Redevelopment Manager reported that the parcel is not currently in a
redevelopment area, however, it is in an area that is targeted for inclusion in a future
expansion of the redevelopment area.
Mr. Estes reviewed the revitalization plan envisioned along Broadway and a number of
beautification projects along the entry corridors off of 1-5, and indicated that the City is
in the middle of a General Plan update that will be looking at, amongst other things, the
aesthetics along the Broadway corridor. Additionally, the City has retained Steve
Estrada, Landscape Architect, to evaluate E Street off of 1-5 to implement some
beautification measures like landscaping and sidewalk design elements.
Mr. Estes concluded by saying that E Street is one of the top 2 or 3 entry points into the
City and the project, as proposed, is aesthetically incompatible with the envisioned
development along this entry corridor, therefore, he urged the Commission to uphold
staff's recommendation to deny the project.
Staff recommendation: That the Planning Commission adopt Resolution PCC-Ol-76
recommending to the City Counci I denial of the project.
Commission Discussion:
Commissioner Hall stated he is encouraged to hear the Redevelopment Agency's resolve
to change the image along Broadway and gateways into the City and fully supports this
endeavor. He also asked if there was any kind of assistance available to the applicant in
terms of locating an alternative site.
Mr. Estes responded that unfortunately this site is not in a redevelopment area, and
redevelopment funds are strictly regulated by the State. What's been done in other
redevelopment areas is to provide grants for improvements, which an applicant can
apply for and receive a grant for up to approximately $7,500.
Commissioner Castaneda stated he remembers a similar used car sales business located
at the corner of E Street and Third Avenue that was required to provide extensive
landscaping to the project and was wondering why that type of requirement is not
clearly defined for this project.
Mr. Sandoval stated that the difference between the two is the location, where this
proposal is in an entry corridor leading into a redevelopment area. Furthermore, if the
Commission were to decide to not follow staff's recommendation, then it would be
Planning Commission Minutes - 5 - June 27, 2001
staff's recommendation to continue the item to allow time to work with the applicant to
develop significantly improve the landscaping and signage that is proposed.
Commissioner Castaneda stated that although he understands the reasoning behind
staff's recommendation for denial, he would likewise hate to see the location remain
vacant for the next few years.
Commissioner Cortes asked what type of commercial venture would be envisioned for
that corner lot.
Mr. Estes stated that its difficult to say at this time, but that it would probably be
neighborhood commercial kinds of uses like coffee shops and small restaurants.
Commissioner O'Neill asked if it would be possible to remove the two driveways on
each side of the corner.
Alex AI-Agha, Senior Civil Engineer responded that both driveways are within the City's
right-of-way and they could be removed.
Mr. Sandoval stated that although the issue of aesthetics has been brought up several
times, condition #4 of the required finding for granting a CUP best described staff
concerns, which states, "That the granting of this conditional use permit will not
adversely affect the General Plan of the City or the adopted plan of any government
agency". Staff believes that this type of use will adversely effect the General Plan and
will not further the redevelopment plans in the adjacent areas.
Commissioner Hall asked if the Redevelopment Agency has considered restricting
certain types of uses due to a saturation of certain types of businesses.
Mr. Estes responded that other jurisdictions are restricting certain uses that were
previously allowed and this could be the direction the City may want to go as well. The
City will soon begin the process of updating the Zoning Code and this would be a good
time to review this issue.
Public hearing opened 7:30.
Sam Rahmani, 10650 Scripps Ranch Blvd. Ste. 112, San Diego, CA 92131 expressed his
discontentment with what he perceives as staff's misrepresentation of the facts.. He
indicated that they had originally submitted plans that included some landscaping
elements, like planter trees. Subsequently, they were told that because the
improvements they were planning for this location were under $20,000, a landscaping
plan was not necessary. Furthermore, there are inconsistencies in the comments made
by the Landscape Planner. Additionally, during the pre-application meeting, staff made
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Planning Commission Minutes - 6 - June 27, 2001
no mention of any redevelopment plans for that site and area. Based on the information
they received from the City, they proceeded and made a non-refundable deposit of
$100,000 toward the purchase of the property.
Public hearing closed 7:50.
Ann Moore, Assistant City Attorney, stated that the pre-application meeting is held as a
courtesy to the applicant and does not guarantee the applicant approval of its project. A
Conditional Use Permit, is a discretionary decision that needs to be made based on
appropriate findings.
Mr. Sandoval clarified that the site is not located in a redevelopment area, but is in a
gateway to a redevelopment area. The primary concern that staff has is whether the
necessary findings can be made that it is consistent with the General Plan and its goals.
Staff believes that it is not consistent in furthering the goals of the General Plan for that
area.
Mr. Sandoval further stated he spoke with Mr. Power shortly after the pre-application
meeting with the applicant and Mr. Power stated he had inform ed the applicant that this
was a use that the City would not support.
Mr. Sandoval clarified that the landscape review is done by a Landscape Planner who
only looks at the site plan and does not look at issues pertaining to land use. Secondly,
upon his review he determined that the landscaping as proposed did not meet the City's
requirement for 15% coverage. Additionally, if the commission determines to not
support staff's recommendation, then staff would recommend continuance of the item in
order to work with the applicant and the Landscape Planner to develop an appropriate
landscape plan that meets the code requirement.
The Commission expressed concern with this site remaining vacant for a prolonged
period of time; the over-saturation of used car sales along Broadway; and the perceived
lack of communication between City staff and the applicant.
Commissioner O'Neill stated that he's not convinced that the actual car sales use, if its
done properly, is not compatible with the City's goals. The objectionable pattern that
seems to follow whenever gasoline stations are vacated is that other less desirable uses
like smog checks and auto repair shops move in, utilizing the existing structure with
minimal improvement to the site.
MSC (Thomas/Willett) (7-0) That the Planning Commission adopt Resolution PCC-01-76
recommending to the City Council denial of the project. Motion carried.
Planning Commission Minutes - 7 - June 27, 2001
3. Public Hearing: Consideration of the Final Subsequent Environmental Impact
Report (EIR 01-01) for the Eastlake III Woods and Vista Re-planning
Program.
Background: Joan Isaacson, Environmental Projects Manager gave an overview of the
environmental process/schedule; project description/discretionary approvals; and
document organization. A wide range of topics are assessed in the EIR, they are:
Land Use Geology / Geologic Hazards
Transportation / Traffic Circulation Noise
Biological Resources Air Quality
Hydrology / drainage Cultural/ Paleontological Resources
- Landform Alteration / Visual Quality- Public Facilities
- Threshold analysis
Some of the more notable project issues are related to transportation/traffic issues and
sewer. The question of at what point SR-125 would be constructed and how would that
uncertainty be dealt with within the traffic study. Two different scenarios were modeled
for the 2005 thresholds. One scenario with SR-125 being in place and the other without
SR-125. There are project related impacts to the circulation system and associated
mitigation as well as several cumulative traffic impacts with mitigation.
Street improvements were identified in the mitigation measures and CEQA requires that
the EIR include an analysis of those improvements that are required as mitigation. Some
of those street improvements could result in potentially significant impacts requiring
mitigation.
This project would be served by the Salt Creek interceptor and again, there is a timing
issue of whether it would be operational in time to serve the early phases of the Eastlake
III project. In case it were not operational, staff looked at temporarily pumping off-site to
Poggi Canyon or Telegraph Canyon. The sewer analysis has indicated that it would be
feasible and the EIR provides environmental review of those off-site pumping
alternatives.
Several unavoidable impacts have been identified that cannot be mitigated to a less than
significant level, including cumulative traffic impacts to 1-805; cumulative visual quality
impacts resulting from open space conversion; and significant air quality impacts.
Two alternatives were looked at in the EIR; they are: no development occurring on this
project site, and development according to the existing General Development Plan. The
existing GOP is less dense and in some cases the impacts may be less intensive, bUlt from
a CEQA perspective the difference between the impacts from the proposed project and
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Planning Commission Minutes - 8 - June 27, 2001
the existing GDP would be negligible and the mitigation requirements would be similar.
During the public review period, comments were received from eight agencies and
responses to all of the comments are incorporated into the Final EIR. A notable comment
was raised by the California Department of Fish and Game, which pertains to the
potential impacts to downstream habitat in the Salt Creek Corridor that could result from
the proposed hydrological changes on site.
An evaluation was done on the affect of the increased duration of flows on the
downstream habitat, which was surveyed and mapped by the consultant and the
consultant's wetland specialist determined that the increased flows would not adversely
affect the types of habitat found downstream and in fact, the extended duration of ¡'lows
may even be beneficial to those types of habitats.
Staff recommendation: That the Planning Commission recommend to the City Council
they find the Final Subsequent EIR and Addendum have been completed in compliance
with CEQA and recommend adoption of the Draft Findings of Fact and the Statement of
Overriding Consideration.
4. PUBLIC HEARING: Consideration of application filed by The Eastlake Company
involving 1030 acres known as Eastlake III at the eastern end of the city boundaries,
between the future alignment of Proctor Valley Road and the southerly end of Wueste
Road; 455 acres known as Eastlake T rails; and 108 acres known as the "Southern Land
Swap" parcel.
a. GPA-01-07; amendments to the Chula Vista General Plan
Land Use Diagram removing various floating land use
designations, rearranging the adopted residential and
commercial land use districts, and establishing new land
use designations at various locations within the GDP
site. Also, amending the Circulation Element to reflect
the street network necessary to serve the proposed
development.
b. PCM-01-26; amendments to the Eastlake II General
Development Plan, Eastlake Greens and Eastlake trails
Sectional Planning Area (SPA) plans and associated
regulatory documents to modify the adopted Eastlake
Comprehensive Affordable Housing Program and
Eastlake Community Purpose Facilities Master Plan.
c. PCM-OO-19; amendments to the Eastlake III General
Development Plan removing various floating land use
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Planning Commission Minutes - 9 - June 27, 2001
designations, re-arranging the adopted residential and
commercial land use districts, and establishing new land
use districts at various locations within the GDP site.
Also, adopting a new Sectional Planning Area (SPA) plan
and associated regulatory documents, including
Planned Community District Regulations, Design
Guidelines, Public Facilities Financing Plan, and
Affordable Housing Program for 748 acres known as
Eastlake III SPA.
Luis Hernandez, Principal Planner presented an overview of the project as submitted
on staff report.
Commission Discussion:
Commissioner Castaneda asked what, if any, design standards have been
incorporated to lessen the visual impacts of such things as grading, setbacks and roof
lines looking westerly from the Lake.
Luis Hernandez stated that the natural terrain in the Vistas provides the natural
contouring that would otherwise be required in other projects that don't have this
benefit. There will also be a 13.5 acre park that will buffer the view to any residential
area. Additionally, there will be estate-type housing developed on 10,000 sf lots
creating a spectacular view from the lake.
Commissioner Thomas asked for clarification on the school site locations and which
areas they will serve. Additionally, Cmr. Thomas stated he opposes any mitigation
measure that states that the overflow high school students would be placed in Bonita
Vista High School and/or Eastlake High School, which are now beyond capacity
levels.
Mr. Hernandez stated that the elementary school site is located on the northeast
corner of Hunte Parkway and Otay Lakes Road. The project will generate
approximately 619 elementary students and 206 middle school students. The middle
school is proposed to be located in the Woods, the northwest corner of the SPA and
it's construction is determined by the school district.
Commissioner McCann stated that it was his understanding that Rancho Del Rey
High School will be coming on line in the near future and will be able to take the
students that are overflowing to Bonita Vista High School.
Renee Hawkins, Special Counsel from Remy, Thomas & Moose stated that the EIR
did not identify any school impacts, therefore, there is no required mitigation. Beyond
Planning Commission Minutes - 10 - June 27, 2001
that, SB-50 restricts the jurisdiction of cities and local agencies from conditioning a
project on the construction of schools.
Ms. Isaacson stated the school district has indicated that two new high schools in
Otay Ranch and Otay Mesa will be coming on line in 2002-2003. The distribution of
high school students will be shifted as these new schools come on line so that
schools such as Eastlake High School, which is nearing capacity, aren't impacted by
new student population.
Public Hearing Opened 9:00
Guy Asaro, Vice President of The Eastlake Company, 900 Lane Avenue, Chula
Vista thanked the Commission for their consideration of the project and commended
staff in the Planning Division, Engineering, and Attorney's Office for their
professionalism and assistance in the planning of this final phase of development in
Eastlake.
The Eastlake Company is very proud of this premier project, located in a spectacular
setting and believes it has met all of its planning objectives, among which are: estate
neighborhoods, the likes of which Chula Vista has not seen, the completion of the
Salt Creek and Otay Lakes arms of the Greenbelt Trail System, an Olympic Víllage
retail center, which caters specifically to the unmet needs of the Olympic Training
Center athletes and their staff, a hotel and conference center; a 13-acre overlook
park, which will be second to none in the Chula Vista park system, and affordable
housing.
Mr. Asaro elaborated on the visual aspects surrounding the lake. Generally in the
planning of a community you would centralize and concentrate the assets of the
community inwardly. In this planning effort, the park being the major asset of this
community was placed in the external element, thereby protecting the view and visual
quality next to the lake.
Mr. Asaro stated that they used the lake's edge to define the estate home design,
which will be located in the Woods neighborhood, as having little hammer-head and
privately-gated cul-de-sacs with lots measuring at a minimum .5 acre and the largest
approaching 2 acres.
Commissioner McCann asked for clarification on the affordable housing element of this
project.
Ms. Asaro stated that although the location of these units has not yet been solidified, the
project's affordable housing master plan includes 196 units and they've identified three
potential sites where the units could either be all placed in one site or spread across in
three sites.
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Planning Commission Minutes - 11 - June 27, 2001
Commissioner Thomas asked in what phase would these units be coming on board.
Mr. Asaro stated that these units will be constructed in three phases, 30 of which are
being front-loaded now in the Trails project.
Public Hearing closed 9:15.
MSC (Willett/Thomas) (7-0) that the Planning Commission recommend to the City
Council that they find the Final Subsequent Environmental Impact Report and
addendum and the Mitigation Monitoring and Reporting Program have been completed
in compliance with CEQA and recommend adoption of the draft Findings of Fact and
Statement of Overriding Consideration. Motion carried.
MSC (Thomas/O'Neill) (7-0) that the Planning Commission adopt Resolution GPA-01-
07, PCM-01-26, PCM-00-19 recommending that the City Council approve the proposed
amendments to the General Plan, Eastlake II and Eastlake III General Development
plans, Eastlake Greens and Eastlake Trails Sectional Planning Area (SPA) Plans and
associated regulatory documents, including the Eastlake Comprehensive Affordable
Housing Program and Eastlake Community Purpose Facilities Master Plan. Also,
approve a new Sectional Planning Area (SPA) Plan for Eastlake III, including Planned
Community District Regulations, Public Facilities Financing Plan, Design Guidelines,
and Affordable Housing Program in accordance with the findings and subject to the
conditions contained therein.
DIRECTOR'S REPORT:
Jim Sandoval extended an invitation to the Planning Commission to attend the City
Council meeting on July 17th where SANDAG will be giving a presentation to the City
Council on their 2020 Regional Growth policies.
COMMISSIONERS COMMENTS:
Nomination of new Planning Commission Chair for FY 2001-02:
The Commission collectively expressed their appreciation to Chairman Thomas for his
leadership and dedication to making his community the best in the region.
MSC (McCann/Thomas) to nominate Kevin O'Neill as Chair and Russ Hall as Vice
Chair for FY 2001-02. Motion carried.
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Planning Commission Minutes - 12 - June 27, 2001
Commissioner McCann stated that he drove the newly-opened Olympic Parkway and
was surprised to see that the road was very lightly traveled and further stated that he
would hope that the City is making concerted efforts to information the public of this
major road enhancement.
Commissioner Castaneda addressed a couple of complaints he has.
1. There is a carpet sales business located on Third and Moss that has tarps outside
on the perimeter of the establishment that is a code violation.
2. The vacated Furrs Restaurant building is a magnet for taggers who like to express
their artistic talents on public buildings.
ADJOURNMENT at 9:45 p.m. to the Planning Commission meeting of July 11, 2001.
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Diana Vargas, Secretary to Planning Commission
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