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Home My WebLink AboutPlanning Comm Reports/2003/02/12 AGENDA PLANNING COMMISSION MEETING Chula Vista, California Wednesday, February 12 , 2003, 6:00 p.m. Council Chambers 276 Fourth Avenue, Chula Vista,CA CALL TO ORDER: Hall Madrid O'Neill Cortes Castaneda Horn ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: Close of public review period for the Bella lago Environmental Impact Report (EIR 02-05). 2. PUBLIC HEARING: PCC 03-15; Conditional Use Permit to install, operate and maintain a wireless telecommunications facility consisting of a 55 foot high mono pine supporting twelve panel antennas, and an associated equipment area at Smart Self Storage, 816 Miller Drive. Nextel. Project Manager: Kim Vander Bie, Associate Planner 3. PUBLIC HEARING: Consideration ofthe following applications filed by Russel Stout & Associates, Island's Restaurant, and SO Breck, llC for various land uses within the Village Center North Commercial Center located at the northwest corner of Otay lakes Road and Eastlake Parkway. PCC 03-49; Conditional Use Permit to construct and operate a freestanding, 3,200 sf drive-thru restaurant. PCC 03-40; Conditional Use Permit to permit the sales and consumption of alcohol associated with a 5,320 sf restaurant. PCC 03-53; Conditional Use Permit to permit the sales and consumption of alcohol associated with a 6,300 sf restaurant. Project Manager: Stan Donn, Associate Planner Planning Commission - 2- February 12, 2003 4. PUBLIC HEARING: PCC 02-15; Conditional Use Permitto establish a dwelling group by adding a second single-family dwelling and a detached two-car garage on a lot that contains an existing single-family dwelling. The lot is located at 108 Corte Maria Avenue in a Single-Family Residence (R-1) Zone. Project Manager: Michael Walker, Associate Planner 5. PUBLIC HEARING: ZAV 02-19; an appeal of the Zoning Administrator's decision to deny an application for a variance from the two-car garage requirement of the R-1 Single-Family Residential Zone. Applicant: Pamela Bensoussan Staff recommends that this item be continued to February 19, 2003. DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay Service is also available for the hearing impaired. MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, January 8, 2003 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALL! MOTIONS TO EXCUSE: Present: Absent: Hall, Madrid, 0' Neill, Cortes, Hom Castaneda Staff Present: Jim Sandoval, Assistant Director of Planning and Building Marilyn Ponseggi, Environmental Review Coordinator Steve Power, Environmental Projects Manager Elizabeth Hull, Deputy City Attorney II PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Hall 1. PUBLIC HEARING: Close of public review period for the Otay Ranch Freeway Commercial Environmental Impact Report (EI R 02-04), Planning Area 12. Background: Steve Power, Environmental Projects Manager stated that the purpose for the hearing is to take any further public comments and subsequently close the 45-day public review period for the Otay Ranch Freeway Commercial Environmental Impact report (EIR 02-04). He further stated that the Planning Commission is due to review the project itself, as well as the EIR on February 19, 2003. MSC (Cortes/O'Neill) (5-0-1) that the Planning Commission close the public review period for the Otay Ranch Freeway Commercial Environmental Impact Report (EIR 02-04), Planning Area 12. Motion carried. ~I'l r I ~\\r?- -;/;; CllYOF (HULA VISTA Memorandum Depart:IT1ent: of Planning and Building TO: Chula Vista Planning Commission Marilyn Ponseggi, Environmental Review Coordinator ~ VIA: FROM: Steve Power AICP, Environmental Projects Manager /-'1'D __i '\ . (./ DATE: February 7, 2003 REGARDING: Bella Lago Environmental Impact Report (EIR-02-05) The California Environmental Quality Act (CEQA) mandates a 45 day public review period for all EIR's. The Bella Lago project EIR public review period is scheduled to end at the Planning Commission meeting of February 12, 2003. Pursuant to the City Of Chula Vista's adopted Environmental Review Procedures, the public review period must end at a Planning Commission meeting, at which time any remaining public comments regarding the document can be received. In order for the project to remain on schedule, the public comment period must end at the Planning Commission meeting of February 12, 2003. The only action that the Planning Commission would take concerning this item is the fOl111al closure of public review. There would not be a staff report or resolution to accompany this agenda item. The fOl111al Planning Commission review of the Bella Lago precise plan, tentative map, and EIR is scheduled for March 12, 2003. =#2... ~!f? -r--: -::....::..~ Q1YOf CHUIA VISfA DepartD1ent of Planning and Building Date: February 12,2003 To: City of Chula Vista Planning Commission From: Kimberly Vander Bie - Associate Planner Subject: Coverage Plots for PCC-03-15, Nextel, 816 Miller Drive At the December 18,2002 Planning Commission hearing, PCC-03-15, Nextel, 816 Miller Drive was continued so that coverage plots could be prepared for the Planning Commission's review. Attached are plots showing existing coverage and improved coverage with the proposed wireless facility. The greatest improvements illustrated by the plot would be "in building" coverage north of the proposed facility, and "in car" coverage west ofthe proposed facility, near the future SR125. At the Planning Commission hearing, the applicant will provide coverage plots of existing coverage west of the 805 freeway. Staff recommends approval of the project and adoption of the attached Resolution PCC-03-15. RESOLUTION NO. PCC-03-15 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC-03-15, TO NEXTEL TO CONSTRUCT AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT 816 MILLER DRIVE. WHEREAS, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Planning Department on August 27, 2002 by Nexte/; and WHEREAS, said application requests permission to construct an unmanned wireless telecommunications facility consisting of a 55-foot-high monopine supporting twelve antennas, and a 180-square-foot equipment area at 816 Miller Drive; and WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was scheduled and advertised for December 18, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application and continued the project; and WHEREAS, on February 12, 2003 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit PCC-03-15 in accordance with the findings and subject to the conditions and findings contained in the attached City Council resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 12'h day of February 2003 by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Russ Hall, Chair Diana Vargas, Secretary RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT, PCC-03-15, TO NEXTEL TO CONSTRUCT AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT 816 MILLER DRIVE. A. RECITALS 1. Project Site WHEREAS, the parcel that is the subject matter ofthis resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 816 Miller Drive ("Project Site"); and 2. Project Applicant WHEREAS, on August 27, 2002 a duly verified application for a Conditional Use Permit (PCC-03-15) was filed with the City of Chula Vista Planning Division by Nextel; and, 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct an unmanned wireless telecommunications facility consisting of one 55-foot-high monopine to support twelve antenna arrays; and a 180-square-foot equipment area on the Project Site; and, 4. Environmental Determination WHEREAS, the Environmental Review Coordinator determined that the Project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and, 5. Planning Commission Record on Application WHEREAS, the Planning Commission hearing was scheduled and advertised for December 18, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the Planning Commission continued the item to February 12,2003; and, WHEREAS, on February 12, 2003, the Planning Commission voted to recommend that the City Council approve the Project based on the findings listed in accordance with Planning Commission Resolution PCC-03-IS; and, 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on January 21, 2003 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same; and, NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on December 18, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act. D. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations to approve the issuance of conditional use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use at this location is necessary and desirable to provide and improve telecommunications in the EastLake Business Center, and in surrounding commercial and residential areas. Improved coverage and capacity for this system will ensure availability to business users, personal users, and emergency service providers (including sheriff, police, fire, and paramedics), thus enhancing emergency service and response. 2 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed use will not pose a danger to the health, safety or general welfare to the general public, or be injurious to property or improvements in the vicinity. Emissions from cellular antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, cellular antenna emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. The facility will comply with the Federal standards for radio frequency emissions, and has been conditioned to require that the applicant prove compliance with the accepted ANSI standards for emissions control. The proposed 55-foot-high monopine will be set back 350 feet from the road, amongst a 58-foot-high eucalyptus tree and two live pine trees measuring 30 feet and 42 feet in height, thereby blending into the existing environment; and the equipment will be located inside of an existing building. In addition, the proposed monopine will be able to accommodate antennas for a future provider below Nextel's antennas. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This Conditional Use Permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and of a nature and scope related to the size and impact of the project. 4. 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. The granting of this permit will not adversely affect the Chula Vista General Plan in that said project is proposed to be built in a location with minimal impact on the already existing land use, and virtually no visual impact on the existing area due to the stealth design of the monopine. Monthly maintenance visits that the project may generate will not result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood. E. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-03-I5 subject to the following conditions whereby the applicant and/or property owner shall: 3 I. Construct the project as shown in conceptual plans revised October 8, 2002. This permit shall be limited to providing Nextel, a wireless telecommunications provider, the entitlement to locate a facility at this location, and cannot be sold or leased to another provider without a reapplication for a conditional use permit. 2. Cooperate with other telecommunication companies in co-locating additional antennas on subject property, provided said co-Iocaters have received a conditional use pel111it for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the subject property, provided such shared use does not give rise to a substantial technical level or quality of service impairment ofthe pel111itted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether Pel111ittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the Permittee and the potential user. 3. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection ofthe project, the Applicant shall submit a project implementation report to the Director of Planning and Building which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use pel111it. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local radio frequencies used by local school districts and water districts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 5. Access to the equipment enclosure and antennas shall be restricted to service personnel and limited to a maximum oftwo visits per month during daytime hours for routine non-emergency maintenance. 6. Comply with the City's MU11ieipal Code noise standards. Within three (3) months of the Building Division's final inspection, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for industrial uses. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated August 27,2002 and Municipal Code noise standards. If on review the City finds that the project does not meet the 4 Municipal Code noise standards, the City may revoke or modify the permit. 7. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applieant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 8. Project site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. 9. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 10. Prior to issuance of a final occupancy permit and operation of the facility, a final inspection of the facility shall be conducted by Planning staff to ensure that all conditions of approval have been met and all necessary permits have been obtained. Prior to final inspection, electrical power may be temporarily provided to the facility for testing purposes only. 11. Upon cessation of the business operations and use of the antennas and equipment by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remove the antennas and equipment and return the site back to its original condition. Any changes on the original conditional use permit shall require modification. 12 Comply with all requirements and obtain all necessary permits from the Chula Vista Building Division, Fire Department and Engineering Department. 13. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate goverJ1l11ental interest 5 related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Pel111ittee of a substantial revenue source which the Permittee cannot, in the nOl111al operation of the use permitted, be expected to economically recover. F. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. Any violations of the terms and conditions of this pel111it shall be ground for revocation or modification of pel111it. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Representative of Nextel Date H. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the City Clerk. I. ADDITIONAL TERM OF GRANT This permit shall expire five (5) years after the date of its approval by the City Council. After the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether the project shall be modified from its original approval. 6 J. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS TH DAY OF 2003. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney 7 ~\I~ -.-- ~~~ -:::/:F 6 CIlYOF CHULA VISTA Memorandum Departfi1ent: of Planning and Building Date: February 7, 2003 To: Planning Commissioners //11/ Michael Walker, Associate Planner,)4!' From: Subject: ZA V-02-19 (Variance for a Garage at 616 Second Avenue) Application ZA V -02-19 was continued from the January 22,2003, Planning Commission hearing to allow the applicant time to meet with staff and try to resolve the garage issue. The applicant revised the plans and submitted additional information for your consideration. UnfortU11ately, the information was received late, which did not allow time for staffto prepare a revised report and for the City Attorney to review. Therefore, staff recommends that the item be continued to the February 19, 2003, hearing. ~!f? -...- ~.~ Memorandum CINor CHUlA VISTA Departn:J.ent of Planning and Building TO: Chula Visfa Planning Commission Marilyn Ponseggi, Environmental Review Coordinator ~ VIA: FROM: Steve Power AICP, Environmental Projects Manager ~f February 7, 2003 DATE: REGARDING: Bel1a Lago Environmental Impact Report (EIR-02-05) The California Environmental Quality Act (CEQA) mandates a 45 day public review period for all EIR's. The Bella Lago project EIR public review period is scheduled to end at the Planning Commission meeting of February 12, 2003. Pursuant to the City Of Chula Vista's adopted Environmental Review Procedures, the public review period must end at a Planning Commission meeting, at which time any remaining public comments regarding the document can be received. In order for the project to remain on schedule, the public comment period must end at the Planning Commission meeting of February 12,2003. The only action that the Planning Commission would take concerning this item is the fOl111al closure of public review. There would not be a staffreport or resolution to accompany this agenda item. The fOl111al Planning Commission review of the Bella Lago precise plan, tentative map, and EIR is scheduled for March 12,2003. PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: ~ 2/12/03 ITEM TITLE: PUBLIC HEARING: Consideration of the following applications filed by Russel Stout & Associates, Island's Restaurant, and SO Breck, LLC for various land uses within the Village Center North Commercial Center located at the northwest corner of Otay Lakes Road and EastLake Parkway. I. PCC 03-49: Conditional Use Pel111if to construct and operate a freestanding, 3,200 sq. rt. drive-thru restaurant; 2. PCC 03-40: Conditional Use Pel111it to pel111it the sales and consumption of alcohol associated with a 5,320 sq. ft. restaurant; and 3. PCC 03-53: Conditional Use Pel111it to pel111it the sales and consumption of alcohol associated with a 6,300 sq. ft. restaurant. The applicants, Island's Restaurants and SO Breck, LLC have filed Conditional Use Pel111it applications to pel111it the sales and consumption of alcohol associated with the sit down restaurants. Russel Stout & Associatcs has also filed a Conditional Use Penl1it to construct and operate a drive- thru restaurant. These rcstaurants are part of a commercial center known as the EastLake Village Marketplace located at the northwest comer of EastLake Parkway and Otay Lakes Road (see Locator). The City's Environmental Review Coordinator has reviewed the proposed project(s) for compliance with the California Environmental Quality Act and has detel111ined that the proposed project(s) was adequately covered in the EastLake Village Center North Mitigated Negative Declaration, IS-Ol- 042. Thus, no further environmcntal review or documentation is necessary. RECOMMENDATION: Adopt attached Resolution PCC-03-49, PCC-03-40 and PCC-03-53 approving all three Conditional Use Penl1its based on the findings and subject to the conditions contained therein. DISCUSSION: Proiect Back2round On May 20, 2002 the Design Review Committee considered and conditionally approved the EastLake Village Marketplace commercial center design, which contains the abovementioned restaurants and other retail users. The Island's restaurant (Pad 9, PCC-03-40) is located on the east side ofthc commercial center entrance on Otay Lakes Road. The JOhl1l1Y Carino's Country Italian restaurant (Pad 12, PCC-03-53) is located on the west side of the commercial center entrance on Otay Lakes Road. The Wendy's drive-thru restaurant (Pad 6, PCC-03-49) is located at the northwest eorncr of EastLake Parkway and the commercial center southerly entrance (see Figure 1). Page No.2, Item: Meeting Date: 2/12/02 The Planned Community (PC) District Regulations applicable to the EastLake Village Center North commercial ccnter sitc rcquirc a Conditional Use Pern1it for drive-thru restaurants and rcstaurants that include sale of alcohol. Existing Site Characteristics The Island's and Johnny Carino's Country Italian sit down restaurants and the Wendy's drive-thru restaurant are located within the 35.64-acres EastLake Village Center North commercial center at fhe northwest comer o I' East Lake Parkway and Otay Lakes Road. The site is eurrcntly vacant and being graded in conjunction with the EastLake Village Center North commercial center grading program. Thc commcrcial center surrounding land uses include: ]) the future SR- I 25 freeway alignment to the wcst; 2) the Business Center I to thc north and east acroSS EastLake Parkway; and 3) the Von's Shopping Ccnter to the south across Otay Lakcs Road (see Locator). Access to the Island's (Pad 9) and Johnny Carino's (Pad 12) restaurants is provided by thc commcrcial center main entrance along Otay Lakes Road; and thc Wendy's drivc-thru restaurant is provided by thc southerly drivcway along EastLake Parkway (see Figure I). Zoning and Land Use General Plan CV Municipal Code PC District Land Existing Land Use Zoning Use Designation PC, Planned VC. Village Center Vaeant Community PC, Planned BC, Business Center Industrial, EastLake Community Parkway PC, Planned OS, Open Space; Otay Lakes Road, Community VC, Village Center Von's commercial center PC, Planned BC, Business Vaeant, EastLake Community Center; VC, Village Parkway Center Right-of-Way N/A Vacant, Future SR- 125 Freeway Site (Commercial Center Site) C0nll11ercial Retail North Industrial Research & Manufacturing South Commercial Retail & Open Space East Industrial Research & Manufacturing, Residential Low~ Medium West SR-125 Page No.3, Item: Meeting Date: 2/12/02 Proposal Thc applicants are rcquesting thc approval of the Conditional Use Permit(s) for: PCC-03-49 (Wendy's): Request permission to construct and operate a drive-through facility associated with a 3,200 sq. ft. fast food restaurant. The drive-through facility has been designed to aecoI11I11odate a minimum 8 car stacking arca within an II-foot wide drive aisle single-lane. This facility features a well integrated drive-through screening solution and associated directional signs. The project design was reviewed and approvcd by the Zoning Administrator on January 17,2003. PCC-03-40 (Island's): Request penl1ission to pcrmit the sales and consumption of alcohol associated with a 5,320 sq. ft. sit down restaurant. Thc sale and consumption of alcohol would be incidental to the primary sale of food. The restaurant is located at the main entry of a large commercial shopping center and has been designed in accordance with the approved center design guidelines. The project design was reviewcd and approved by the Zoning Administrator on January 27, 2003. The hours of operation would bc from I I :00 a.m. to 12:00 a.m. Sunday to Friday and II :00 a.l11. Saturday to I :00 a.m. Sunday. PCC-03-53 (Johnny Carino's): Request pern1ission to penl1it the sales and consumption of alcohol associated with a 6,300 sq. ft. sit down restaurant. Thc sale and consumption of alcohol would be incidental to the primary sale of food. The rcstaurant is located at the main entry of a large commercial shopping center and has been dcsigned in accordance with the approved center design guidelines. The project design was reviewed and approved by the Zoning Administrator on January 27, 2003. The hours of operation would be from II :00 a.m. to 12:00 a.m. daily. ANAL YSIS: Although this report covers three separate applications, since the Island's (PCC-03-53) and Johnny Carino's (PCC-03-53) restaurant(s) proposal pertain to the sale and consumpfion of alcohol, they are discussed together. The Wendy's fast food restaurant with drive-through proposal is discussed independcntly. Wendv's drive-thru restaurant As mcntioned above, the EastLakc II SPA Plan and the CVMC do not contain policies, criteria, or regulation for drive-thru restaurant uses. Some of the considerations for this use pertain to aisle stacking, intemal circulation in relation to other adjacent uses and internal circulation system, noise, proximity to residential and screcning. Page No.4, Item: Meeting Date: 2/12/02 The project provides an eight car-stacking lane, with potential for up to 11 cars (see Figure 2). The drive-thm ingress and egress has been arranged along an internal drive, approximately 350 feet from the EastLake Parkway commercial center and about 400 fect from the intersection of EastLake Parkway and Otay Lakes Road (see Figure 1). It has been City policy to require drive-thm stacking lanes with capacity for eight, and 200 feet distance from adjacent access driveway entrics and/or street intersection. As stated above, the proposed dri ve-thru has bccn designed to meet or exceed the criteria. Noise associated with fast food rcstaurants is generally similar to commercial uses except an outdoor menu board drive-thru speaker would be used. Based on noise measurements that Dudek & Associates (April 2002) made of drive-thru speakers, the speakers generate a maximum noise level of approximately 70-75 dB at 3 feet. The hourly averagc noisc levcl is substantially lower because workers are not continuously talking through the speakers. The maximum noise level at the closest adjacent off-site commercial area and the existing church would be less than 30 dB. The maximum noise level at the closest residential area, located more than 700 feet southeast of the site from the spcaker, would be less than 30 dB. These noise levels are within the allowable noise level pel111itted undcr the Perfol111ance Standards Section of the Municipal Code. The nearest residential land use is located over 750 feet to the southeast, on the south side of Otay Lakes Road. Since it is customary that drive through uses are located at an average separation of300 feet from residential uses, the proposed drive-thru wil1 not bc detrimental to the surrounding commcrcial and residential neighborhoods. Wendy's drive-thru lane wil1 bc screened from view by a combination of retaining walls and cvergreen hedges. The Wendy's pad sits approximately 5 feet west of and below the adjacent grade of the public sidewalk along EastLake Parkway. To accommodatc this grade difference, a retaining wall will be constructed parallel to EastLakc Parkway, which wi]] screen cars in the drive-thru on Wendy's east side. This wal1 wraps the southeast comer of thc parcel and continues to provide screening as it heads west parallel to the center's southerly entrance along EastLake Parkway. The same hedgc treatment is proposcd along the west side of the drive-thru, along the center's internal drive to insurc solid screening of vehicles from the commercial center parking lot (see Figure 1). Salc and Consumption of Alcohol for Island's and Johnny Carino's Restaurant(s) . Section 19.34.030 (h) of the Chula Yista Municipal Code (CYMC) requires a Conditional Use Pemlit for cstablishments that sell alcoholic beverages for off-site use or consumption. The above section of the Municipal Code refers to procedures within Section 19.14.030 of fhe CYMC for Conditional Use Penl1its that require a type of alcoholic beveragc liecnse by the State Alcohol Beverage Control (ABC). Section 19.14.030 states that, "A conditional use permit shall not be granted unless the zoning administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence in view of the entire record, that all of the facts Page No.5, Item: Meeting Date: 2/12102 required hy CVMC 19.14.080 exist, and that the approval of the permit will not result in an over- concel/tration of sueh fileilities. " The sit down restaurant with incidental salc of alcohol for consumption is consistent with the types of sit down restaurants fhat would be found within a typical large commercial center, such as the EastLake Vil1age Marketplace. The sit down restaurant with incidental alcohol sales provides a desirable service to the existing business community, nearby residents and the general public. The policc department is recommending that the applicant apply for the ABC license and expects approval for the sales of alcohol incidental to the restaurant with appropriate conditions from the Police department. Thc sale of alcohol for the Island's restaurant is limited to the hours from II :00 a.m. to 12:00 a.m. Sunday to Friday, and II :00 a.m. Saturday to 1 :00 a.m. Sunday; and the Johnny Carino's restaurant from II :00 a.m. to 12:00 a.m. daily, which is consistent with the applicant's proposed hours of operation. In staffs' opinion, the proposed land use will complement the restaurant service and operation. Thus, staff recommends that the sale of alcohol be approved for the Island's and Johnny Carino's Country Italian restaurant(s), subject to approval of a liquor license by the ABC; and additional conditions from the CVPD listed in the attached Planning Commission Resolution. CONCLUSION For the reasons mentioned above, staffrecommcnds approval ofPCC-03-49 for Wendy's drive-thru restaurant; PCC-03-40, Island's restaurant; and PCC-03-53, Johnny Carino's Country Italian restaurant, subject to the conditions contained in the attached Planning Commission Resolution. Attachments j. Locator Map 2. Figure J. Site Plan Figure 2. Wendy's Drive Through 3. Planning Commission ResolutlOn(s) 3. PCC-03-49, Wendy's drive-thru restaurant b. PCC-03-40, tsland's restaurant c. PCC-03-53, Johnny Carino's restaurant 4. Ownership Disclosure Form J:\PlJnning\StanD\Eastlake\Vilj;Jge Center North\Mastcr CUP Wendy's, Island's, )CJ'CC 03-40, 49, 53 CUP Agenda 12 Feb_ 03 (Rev)doc ATTACHMENT 1 FUTURE MULTI-FAMILY HOUSING UNITED PARCEL SERVICES VACANT I~ . I~ I I CHULA VISTA COMMUNITY PARK EAST LAKE HIGH SCHOOL C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT 1. RUSSELL STOUT and ASSOCIATES PROJECT DESCRIPTION: C) APPLICANT: 2. ISLAND'S RESTAURANT CONDITIONAL USE PERMITS 3. SO BRECK, LLC. PROJECT Northwest Corner of Otay Lakes Road 1. PCC-03-49: Construction and operation of a new 3,200 sq. ft. fast food ADDRESS: and Eastlake Parkway restaurant with drive-thru facility within the Eastlake Village Marketplace. 2. PCC-03-40: Sale and consumption of alcohol associated with a new SCALE: FILE NUMBER: PCC-03-40 5,320 sq. ft. sit down restaurant. 3. PCG-D3-53: Sale and consumption of alcohol associated with a new NORTH No Scale PCC-03-49 ; PCC-03-53 6,300 sq. ft. sit down restaurant. C:\DAIFILE\locators\pcc0340, pcc0349, pcc0353.cdr 1.24.03 , "- , , , ..................... " ',- .) -, " -. -, , -, '. _n ~ -, --- -- - ----- .... o ",::I: mz"'tl ~z() >-<() C:()O "'>"" >",cJ, z-"" .....z o '" '" m_"'tI ~"'() >>() C:ZO "'0"" > -' z"'~ ..... 0 u ~ ~I UI .~ j;- ;:?1 ~~ =E O"'m ",mZ -"'0 -n<>-<~ ~~~"'() _::I:>-n' ~0"'z?;;8 -<:; .........' C:.c ~ (j)<-n-o ::I:=iO ::1:0 o ." t-I C) c: :;a m .... - - - - - - - - - J -1 ~ /~ / I i I I I I I I I I I I I 1 I , , , , 1 , I , 1 I , , , 1 1 , , , 1 , , 1 I 1 1 "- /1'-.. "'-1/ /~ ""-/ 1/ \ / ""- "'-/ /"'- -""1/ ~ ~ ... ~'\ rL, ~ ~ ~ ~ (8~ ~ T ~ ~ /1"'- "'-/ r- \!J ~ \!J ~ =~= /"" =~= ,,/ ~ '- Ju yg ~ Ii .,. ,~ ... --------- --' ----------------------------------- ----------------------------------------------------------------------- ( f- = tD-J cf' 01:> tL/ ~ v:: L ~ ~- @ r- -- -be- I;;; ~ <:: Ene' " I M .~-=- c 8 ,,:> :~f @ j ~ U rr'J i-I -lJ. r;; re ~~: t t; -l u ~h I ( .1 ~r" f~~~~:~~~, .r 1: '~,~; ~ · !~ U I ~: - ~ 1 (~): r;:===:;'7 11 II (J1 1 ,I :: :: l!... I I i I; r==TI ~===~ 1 : ~ n : II II I ~" I:,: i ~===~ I.... ='/ I ,. 1/ ' ..,c:.'_-IO \ ~_ ___~~~~~:' II \ If 1'--"1 ~ 7\-\ "\r T (~ A~. L ~ ~ 4- Y' '. 1/1<" ~ tJ; ! ~.." ~@ ~ ~ ~" - ~ ".... ....___---...... rr ~ a ~ -l - - , . -I ~ . \ /"" "'.v ... \ ~ "- e~ I~ / \ \ / ~ I Ir~L/ ~ ~I ~ p~ <;""'_"''' - (J1 rm ------------------------------------- ~~ --~"!t----- ~~ ---------------- - o@ - ~ - CD /"" "'./ - v. 25'-"14" ~ T1 G) c AJ m I\.J - --------- ATTACHMENT 3 RESOLUTION NO. PCC 03-49 RESOLUTION OF THE PLANNING COMMISSION OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A DRIVE-THROUGH RESTAURANT WITHIN THE EASTLAKE VILLAGE MARKETPLACE COMMERCIAL CENTER AT THE NORTHWEST CORNER OF OTAY LAKES ROAD AND EASTLAKE PARKWAY- RUSSEL STOUT & ASSOCIATES. WHEREAS, on December 18,2002 a duly verified application for a Conditional Use Pel111it was fi1ed with the City of Chula Vista Planning & BuiJding Department by Russell Stout & Associates; and, WHEREAS, said application rcquests approval of a Conditional Use Pel111it to allow the construction and opcration of a Wendy's drive-through restaurant ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A" and commonly known as Pad 6 of the Marketplace Commercial Center, located at the northeast comer of EastLake Parkway and Otay Lakcs Road (project site); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed projcet(s) for compliance with the California Environmental Quality Act and has detcl111ined that the proposed projcct(s) was adequately covered in the EastLake Village Center North Mitigated Negative Declaration IS-01-042. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Pernlit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of thc exterior boundaries of thc property at 1east 10 days prior to the hearing; and, WHEREAS, the hearing was held af the time and place as advertised, namely February 12, 2003 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considercd all reports, evidcnce, and testimony presented at the public hearing with respect to subjcet application. Resolution No. PCC-03-49 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION FINDS AS FOLLOWS: 1. That the proposed use at this location is necessary or desirable to provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed fast food rcstaurant, with drive-through facility, provides convenient eating establishmcnts that are typically found in commercial centers. These facilities will provide a convenient service for residents of the surrounding residential and industrial neighborhoods. 2. That such use will not, under the circumstances ofthe particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The fast food restaurant and drive-through facilities have becn architecturally integrated into the ovcrall commercial center design. Thus, the proposed use will not be detrimental to the health, safety or general welfare ofpcrsons residing or working in the vicinity, or injurious to property in the vicinity or injurious to property or improvements in the vicinity. 3. That the use will comply with the regulations and conditions specified in the code for such use. The facility is required to comply and remain in compliance with the regulations of the Municipal Code and the conditions listed below. If the applicant or its successors in interest fail to comply with the conditions or the Municipal Code, this Conditional Use Pel111it may be subject to modification or revocation. The conditions herein imposed on this Conditional Use Pel111it are approximately proportional, both in nature and extent, to the impact created by the proposed development. 4. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The General Plan does not specifical1y address specific land uses such as Drive-Through, therefore, the proposed land uses are consistent with the General Plan, land use element and the EastLake I SPA Plan under this CUP. Resolution No. PCC-03-49 Page 3 BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION IN LIGHT OF THE FINDINGS ABOVE, hereby grants approval of the Conditional Use Permit subject to the following conditions: I. Implement to the satisfaction ofthe Director of Planning & Building and the City Engineer al1 pertinent mitigation mcasures identified in the EastLake Village Center North Mitigated Negative Declaration IS-02-042 and Mitigation Monitoring and Reporting Program. Mitigation measures not listed as specific conditions of this Resolution or by the project design are incorporated by reference and shall be implemented to the satisfaction of the Environmental Review Coordinator. 2. Provide sufficient space for designated "recyclables" and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City ofChula Vista. 3. Comply with all City ordinances, standards, and policies execpt as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policics, or any condition of approval of this Conditional Use Penl1it, or any provision of the Municipal Code, as determined by the Director of Planning & Building, shall be grounds for revocation or modification of this Conditional Use Penl1it by the City ofChula Vista. 4. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this resolution to advancc a legitimate governmental interest related to health, safety or wel farc which the City shall impose aftcr advance written notice to the grantee and after thc City has given to the grantee the right to be hcard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive grantee be expected to cconomieally recover. 5. This document shall be rccorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed stamped copy returned to the Planning Department. Failure to return a signed copy and stamped copy of this recorded document within 30 days of recordation to the Planning & Building Department shall indicate the propcrty Owner's/ Applicant's desire that the Project be held in abeyance without approval. This Conditional Use Permit shall become void and ineffective ifnot utilizcd within one year from thc effectivc datc thereof, in accordance with Scction 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. Resolution No. PCC-03-49 Page 4 PASSED AND APPROVED BY THE PLANNING COMMISSION OF Chula Vista, CALIFORNIA, this 12th day of February, 2003, by the following vote, to-wit: AYES: NOES: ABSENT: ATTEST: Diana Vargas, Secretary Russ Hall, Chairperson J:\Plallning\StanD\bs\lake\ViIJagc Center North\!v1astcr CUP Wendy's, Island's, JC\PCC 03-49 Wendy's PC CUP Reso!ution.doc . .-.._-~-- _._---,,-...._,,_.... .-..-....- -"---'- "-'---".-'--.', ----,- \1 II -, -, '. " > \1 \I 1\ I\~ AII1ft_ ~ \1 ~ ~ I11tt;s ~ ~AY -'. -" - ~ ~ ~:.~,L::..: -- . --. --- - ---- - --- ------- -- ~M~ a 1 .- -'-~ ~~ :::: o:>tlm :>tI!J:jZ --to >;;:;~~~ ()~:>tI(I)() -:::c > "'"0 !:;:>tIz>c.> =<!O-t~~ <=::::","-0 G)-o :::c:i!o o m >< :I: .... ~ .... -I :I> - ATTACHMENT 3 RESOLUTION NO. pee 03-40 RESOLUTION OF THE PLANNING COMMISSION OF CHULAVISTA APPROVING A CONDITIONAL USE PERMIT TO PERMIT THE SALE AND CONSUMPTION OF ALCOHOL ASSOCIATED WITH A SIT DOWN RESTAURANT LOCA TED WITHIN THE EASTLAKE VILLAGE MARKETPLACE COMMERCIAL CENTER AT THE NORTHWEST CORNER OF OTAY LAKES ROAD AND EASTLAKE PARKWAY - ISLAND'S REST AURANT. WHEREAS, on October 3 1,2002 a duly verificd application for a Conditional Use PCl111it was filed with thc City ofChula Vista Planning and Building Dcpartment by Island's Restaurant; and, WHEREAS, said application requests approval ofa Conditional Use Pel111it to allow thc sales and consumption of alcohol associated with a 5,320 squarc foot sit down restaurant ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatical1y reprcsented in Exhibit "A" and commonly known as Pad 9 of the Marketplace; and, WHEREAS, the Marketplacc Commercial Center is located at thc northwest comer ofOtay Lakes Road and EastLake Parkway; and, WHEREAS, the City's Environmcntal Review Coordinator has revicwed the proposed project for compliance with the California Environmcntal Quality Act and has detcl111incd that the proposed project was adequately covered in the EastLake Village Center North Mitigated Negative Declaration IS-OI-042. Thus, no further environmental review or documentation is necessary; and, WHEREAS, thc Planning & Building Director set thc timc and place for a hearing on said Conditional Usc Pcrmit application and noticc of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owncrs and rcsidents within 500 fcct ofthc cxterior boundaries ofthc propcrty at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advcrtiscd, namely February 12, 2003 at 6:00 p.m. in the Council Chambcrs, 276 Fourth A venue, beforc the Planning Commission and said hearing was thcreafter closed; and, WHEREAS, the Planning Commission considered all rcports, evidence, and testimony prescnted at the public hearing with rcspect to subject application. Resolution No. PCC-03-40 Page 2 NOW, THEREFORE, BE IT RESOL VED THAT THE PLANNING COMMISSION FINDS AS FOLLOWS: 1. That the proposed use at this location is necessary or desirable to provide a serviee or facility whieh will contribute to the general well being of the neighborhood or the community. The proposed sit down restaurant is located within a major commercial center with nearly 380,000 sq. ft. of retail, commercial and restaurant uses. The proposed sit down restaurant provides sit down dining opportunities to serve the residents of EastLake, the EastLake Business Center, and travelers along Otay Lakes Road and the future SR-125 freeway. The incidental alcohol sales will provide customary service typically offered by sit down restaurants. 2. That such use will not, under the circumstances ofthe particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. As stated previously, the restaurant is located within an existing developed area; and the commcrcial center will havc other complimentary food and retail uscs. The sit down restaurant with incidental sale of alcohol for consumption is consistent with the types of sit down restaurants that would be found within a typical large commercial center, such as the EastLake Village Marketplace. The sit down restaurant with incidental alcohol sales provides a desirable service to the existing business community and nearby residents. Additionally, the applicant must obtain a license from the State ABC before a business license can be issued for this component. At this time the police department is recommending that the applicant apply for the ABC license and expects approval for the sales of alcohol incidcntal to thc restaurant with appropriatc conditions from the Police department. The sale of alcohol is limifed to fhe hours from 11:00 a.m. to 12:00 a.m. Sunday to Friday, and II :00 a.m. Saturday to I :00 a.m. Sunday. Thc applicant is also required to obtain a liquor license from the State ABC for the sales of beer and wine. Therefore, the use will not be detrimental to persons residing or working in the vicinity or injurious to property or irnproven1cnts in the vicinity_ 3. That the use will comply with the regulations and conditions specified in the code for such use. The facility is required to comply and remain in compliance with the regulations of the Municipal Code and the conditions listed below. If the applicant or its successors in interest fail to comply with the conditions or the Municipal Code, this Conditional Use Permit may be subject to modification or revocation. The conditions hercin imposed on this Conditional Resolution No. PCC-03-40 Page 3 Use Permit are approximately proportional, both in nature and extent, to the impact created by the proposed development. 4. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The General Plan does not specifically address specific land uses such as sale of alcohol, hours of operations, therefore, the proposed land uses are eonsisfent with the General Plan, land use element and the EastLake I SPA Plan under this CUP. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION IN LIGHT OF THE FINDINGS ABOVE, hereby grants approval of the Conditional Use Permit subject to the following conditions: I. The applicant shal1 obtain a liquor license from the state ABC and Chula Vista Police Department prior to the issuance of a business license to sell liquor. 2. fn the case that the Chula Vista Police Department approves a liquor license for the restaurant, the applicant shal1 comply with the Statc Liquor Laws and City Ordinances, and all conditions required by the CVPD pertaining to the sale and consumption of alcoholic bcveragcs. 3 The applicant shall provide a video surveillance security system for the restaurant. The camera system shall be monitored by the restaurant staff, bc recorded (with time and date stamp). Thc recorded video shall be kept for a 120-day period should it be needed for an investigation or court hearing. In the cvent City staff dctermines that security problems exist on the site, the conditions of approval ofthis permit may be amended to require the provision of additional security mcasures or other additional conditions to mitigate security problems. 4. Hours of opcration for the restaurant and for thc salc of alcohol within the restaurant shall be limited to II :00 a.m. to 12:00 a.m. Sunday to Friday, and 11 :00 a.m. Saturday to I :00 a.m. Sunday. 5. Thc applicant shall comply with the requirements of the Chula Vista Poliec Department Crime Prevention Unit including: . No loitering allowed near the entrance/exit of the business. . No music and/or noise must emit off-premise. . Maintain 50/50 food to alcohol sales; alcohol sales shall not exceed food sales. . No alcohol sales for off-premise use. . Remove trash/graffiti within 48 hours. 6. The sale of alcoholic beverages shall be incidental to the sale of food. Rcsolution No. PCC-03-40 Page 4 7. Applicant shall provide training to employees regarding the Aleoholic Beverage Control Act including training in identification oflevels of intoxication and responsible beverage service. 8. Implement to the satisfaction of the satisfaction ofthc Director of Planning and Building and the Cify Engineer all pertinent mitigation measures identified in the EastLake Village Center North Mitigated Negative Declaration IS-02-042 and Mitigation Monitoring and Reporting Program. Mitigation measures not listcd as specific conditions of this Resolution or by the project design are incorporated by reference and shall be implemented to the satisfaction of the Environmental Review Coordinator. 9. Implement the sccurity recommendation of the Crime Prevention Unit of the Police Department, including access control, surveillance dctection, and police response, and ongoing training of management and employees in security procedures and crime prevention. Implementation of these recommendations shall coincide with the commencement of operations. I D. Provide sufficient space for designated "recyclables" and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City of Chula Vista. 11. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or any condition of approval of this Conditional Use Pemlit, or any provision of the Municipal Code, as deternlined by the Director of Planning & Building shall be grounds for revocation or modification of this Conditional Usc Pemlit by the City ofChula Vista. 12. This pernlit shall be subject to any and all new, modified or deleted conditions imposed after approval of this resolution to advance a legitimate governmenta1 interest related to health, safety or welfare which the City shall impose after advance written notice to the grantee and after the City has given to the grantee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive grantec be expected to economically recover. 13. This document shall be recorded with thc County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed stamped copy returned to the Planning Department. Failure to return a signed copy and stamped copy of this recorded document within thirty days of recordation to the Planning and Building Department shall indicate the property Owner's/ Applicant's desire that the Project be held in abeyance without approval. This Conditional Use Penl1it shall become void and ineffective ifnot utilized within one year from the effcctive datc thcrcof, in accordance with Section 19. I 4.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this pcrmit to be reviewed by the City for additional conditions or revocation. Resolution No. PCC-03-40 Page 5 PASSED AND APPROVED BY THE PLANNING COMMISSION OF Chula Vista, CALIFORNIA, this 12'" day of February, 2003, by the fol1owing vote, to-wit: AYES: NOES: ABSENT: ATTEST: Diana Vargas, Secretary Russ Hall, Chairperson J:',Planning".,Stan[)\Eas1lakc\Village Center North\Master CUI' Wendy's, Island's, JC\!'CC 03-40 Is!and's PC CUP Resolution.doc , , , , .... , ......." ...., _n - ~ -- - ----- - -- -- .... o ;c:I: mz"tJ <n () >~() C()O ;c><-> >;c' z-'" ....z<-> o <n II IIII II I III II \ III II I III II I III II III \I III II III II III II \II III 1\\\ III 1\\ III II III II III U UI01 !~ m >< ::J: .... 02 .... -I ~ - ATTACHMENT 3 RESOLUTION NO. PCC 03-53 RESOLUTION OF THE PLANNING COMMISSION OF CIWLA VISTA APPROV]NG A CONDITIONAL USE PERMIT TO PERMIT THE SALE AND CONSUMPTION OF ALCOHOL ASSOC]ATED WITH A SIT DOWN RESTAURANT WITHIN THE EASTLAKE VILLAGE MARKETPLACE COMMERCIAL CENTER AT THE NORTHWEST CORNER OF UTA Y LAKES ROAD AND EASTLAKE P ARKW A Y - SO BRECK, LLC. WHEREAS, on January ]0,2003 a duly verified application for a Conditional Use Permit was filed with the City ofChula Vista Planning and Building Department by SO Breck, LLC; and, WHEREAS, said application requests approval ofa Conditional Use Permit to allow the sales and consumption of alcohol associated with a Johnny Carino's 6,300 sq. l\. sit down restaurant ("ProJect"); and, WHEREAS, the area of land which is the subject matter of' this Resolution is diagrammatically represented in Exhibit "A" and commonly known as pad 12, located at the northwest comer ofOtay Lakes Road and the commercial ccnter main entrancc (project site); and, WHEREAS, the City's Environmental Review Coordinator has revicwed thc proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately eovercd in the EastLake Village Center North Mitigated Negative Declaration IS-O I -042. Thus, no further environmental rcview or documentation is necessary; and, WHEREAS, on July 10, 2002 the Planning Commission adopted Mitigated Negative Declaration IS-O] -042 and Mitigation Monitoring Program issued for this project and the EastLake Village Center North GDP and SPA amendment, and therefore no further action by the Planning Commission is necessary. WHEREAS, the Planning & Building Director set the time and place for a hearing On said Conditional Use Permit application and notice of said bearing, together with its purpose, was given by its publication in a newspaper of general circuJation in the City, and its mailing to property owners and residcnts within 500 feet of the exterior boundaries of the property at least] 0 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely February 12, 2003 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considered all reports. c\idcnce, and testimony presented at the public hearing with respect to subject application Resolution No. PCC-03-S3 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSIONFINDS AS FOLLOWS: 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed sit down restaurant is located within a major commcrcial center with nearly 380,000 sq. ft. of retail, commercial and restaurant uses. Thc commercial center is surrounded by the EastLake Business Center to the north and east, a developed commercial center directly south, residential development to the north of the business center and to the east, and a future freeway directly west. The subject commercial ccnter's main entry, where the restaurant is located, is from Otay Lakes Road, which is classitled as a Prime Major Arterial Roadway. The proposed sit down rcstaurant provides additional sit down dining opportunities to serve the residents of East Lake, the EastLake Business Center, and travelers along Otay Lakes Road and the future SR-125 frecway. The incidental alcohol sales will provide a necessary and customary service typical1y offered by sit down restaurants to serve these patrons. The hours of operation from 11 :00 a.m. to 12:00 p.m. daily, customary with a sit down restaurant like Johnny Carino's will provide additional dining and social opportunities to the EastLake and nearby communities, which will contribute to thc well being of the EastLake planned community. 2. That such use will not, under the circumstances ofthe particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. As stated previously, the restaurant is located within an existing developed area; and the commercial center will have other complimentary food and retail uses. The sit down restaurant with incidental sale of alcohol for consumption is consistent with the types of sit down restaurants that would be found within a typical large commercial center such as the EastLake Village Marketplace. The sit down rcstaurant with incidcntal alcohol sales provides a desirable service fo the existing business community and nearby residents. Additionally, the applicant must obtain a license from the State ABC before a business license can be issued for this component. At this time the police department is recommending that the applicant apply for the ABC license and expects approval for the sales of alcohol incidental to the restaurant with appropriate conditions from the Police department. The sale of alcohol is limited to the hours from II :00 a.m. to 12:00 p.m. daily. The applicant is also required to obtain a liquor license from the State ABC for the sales of beer and wine. -...... ..---....-...-.-.- .- ..- -_...,.",_.,..~---,-,----_.._. ."-.... Resolution No. PCC-03-53 Page 3 Therefore, the use will not be detrimental to persons residing or working in thc vicinity or injurious to property or improvements in the vicinity. 3. That the use will comply with the regulations and conditions specified in the code for such use. The facility is required to comply and remain in compliancc with the regulations of the Municipal Code and the conditions listcd below. If the applicant or its successors in interest fail to comply with the conditions or the Municipal Code, this Conditional Use Permit may be subject to modification or revocation. The conditions hcrein imposcd on this Conditional Use Permit are approximately proportional, both in naturc and extent. to the impact created by the proposed development. 4. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The General Plan does not specifically address speci fic land uses such as sale of alcohol, hours of operations, therefore, the proposed land uses are consistent with the General Plan, land use element and thc EastLakc [ SPA Plan under this CUP. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION IN LIGHT OF THE FINDINGS ABOVE, hcreby grants approval of the Conditional Use Permit subjcct to the following conditions: I. In the case that the Chula Vista Police Department approves a liquor license for the restaurant, the applicant shall comply with the State Liquor Laws and City Ordinances, and all conditions required by the CVPD pertaining to the sale and consumption of alcoholic bevcrages. 2. The applicant shall obtain a liquor license from thc statc ABC and Chula Vista Police Department prior to the issuance of a business license to sell liquor. 3. The applicant shall provide a video surveillance security system for the restaurant. The camera system shall bc monitored by the restaurant staff, be recordcd (with time and date stamp). The recorded video shall be kept for a 120-day period should it be needed for an investigation or court hearing. In the event City staff dctcnl1ines that security problems exist on the site, the conditions of approval ofthis pcrnlit may be amended to requirc the provision of additional security measures or other additional conditions to mitigate security problems. 4. Obtain liquor license from the State's ABC and comply with thc State and City ordinances pel1aining to the sale and consumption of alcoholic bcvcrages. Resolution No. PCC-03-53 Page 4 5. Hours of operation for the restaurant and for the sale of alcohol within the restaurant shall be limited to I I :00 a.m. to 12:00 p.m. daily. 6. The applicant shall comply with the requirements of thc Chula Vista Police Departmcnt Crime Prcvcntion Unit including: . No loitering allowed near the entrance/exit of the busincss. . No music and/or noise must cmit off-premise. . Maintain 50/50 food to alcohol sales; alcohol sales shall not cxceed food sales. . No alcohol sales for off-premise use. . Remove trash/graffiti within 48 hours. 7. The sale of alcoholic beverages shall be incidental to the salc of food. 8. Applicant shall provide training to employees regarding the Alcoholic Bcverage Control Act including training in identification oflevels of intoxication and responsible beverage scrvice. 9. Implement to the satisfaction ofthe satisfaction of the Director of Planning & Building and the City Engineer all pertinent mitigation measures identified in thc East Lake Village Center North Mitigated Negative Declaration IS-02-042 and Mitigation Monitoring and Reporting Program. Mitigation measures not listed as specific conditions of this Resolution or by the project design are incorporated by referencc and shall be implemented to the satisfaction of thc Environmental Review Coordinator. 10. Implement the security rceommendation of the Crime Prevention Unit of the Police Department, including access control, survcillanee dctection, and police response, and ongoing training of management and employees in sccurity procedures and crime prevention. Implementation of these recommcndations shal1 coincide with the commencement of operations. 11. Provide sufficient space for dcsignated "recyclablcs" and cnsurc that provisions are made to mect the minimum 50% recycling requirement to the satist'lction of the Rccycling Coordinator for thc City of Chula Vista. 12. Comply with all City ordinances, standards, and policies exccpt as otherwisc provided in this Resolution. Any violation of City ordinanecs, standards, and policies, or any condition of approval of this Conditional Use Permit, or any provision of thc Municipal Code, as determined by the Director of Planning & Building, shall bc grounds for rcvoeation or modification of this Conditional Use Permit by the City of Chula Vista. 13. This permit shall be subject to any and all ncw, modificd or deleted conditions imposed after approval of this resolution to advance a legitimate govcrnmcntal interest rclated to health, safety or wclfarc which thc City shall impose after advancc writtcn noticc to the grantce and Resolution No. PCC-03-53 Page 5 after the City has given to the grantee the right to be heard with rcgard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive grantec be expected to economically recover. 14. This document shall be recorded with the County Clcrk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signcd stampcd copy returned to the Planning Department. Failure to return a signcd copy and stamped copy of this recorded document within thirty days ofrecordation to the Planning and Building Department shall indicate the property Owner's/ Applicant's desire that the Projcct be hcld in abeyance without approval. This Conditional Use Permit shall become void and ineffective ifnot utilizcd within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to bc reviewed by the City for additional conditions or revocation. PASSED AND APPROVED BY THE PLANNING COMMISSION OF Chula Vista, CALIFORNIA, this 12'" day of February, 2003, by the following vote, to-\vil: AYES: NOES: ABSENT: ATTEST: Diana Vargas, Secretary Russ Hall, Chairperson J:\Plunning\StanD\Eastlake\Yil1age Center Norlh\Mastcr CUP Wendy's, Island's, JC\I'C'C 03-53 Juhnny ('ali[l()'s ]'(: CUP Resolution,doc > , , , .... '....... , ....,- ~ '- _u ....- ~ - -- -- ;g m_"'" ~(f)0 >>0 c:zo ;gee.> > -' z(f)~ .... 0 . ;.~~ , \ \ , \ . " .. I I I u Uicn --- ~~ m >< :I: .... ." .... -I :I> - ATTACHMENT 4 PCC-03-40 ISLAND'S RESTAURANT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary acfion on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., OWner applicant, contractor, subcontractor, material supplier. /5t41vOS ~A1iIUlfv~. 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. VP &~,JJ(J'fl76vt/< l n; ,( SA-P/ Ihf(i,a AfUI.l h~ ~ 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmem ber( s): Date: (NOTE: A TTACH ADDITIONAL PAGES Id/~/ /Oz... · , , Sig tur of contractor/applicant --.HiJNis: ,.". ~~ Print or type name of contractor/applicant * Person is defined as "Any Individual, firm. co-partnership, joint venture, association. social club. treater/w! organization, corporation, estate, trust, receiver. syndicate. this and any other count}', city and country, cir:v municipality. district, or other political suhdivision, or any other group or combination acting as (J unit" ~<t Ji'l . r:U'''':'~.A-.! I _,! 1.)1 J I H'~.' d_"._. 1111 L ' II I' r . ~-1.- I 'j' , I-'r' e.' L"_'".'''-. U.L. _."" , I ,.- -- -.-.-.-..----.----- Chula Vista 8/7102 J22~ PAGf 7116 Ri gh tf AX Ap",ndix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ATTACHMENT 4 PCC-03-49 WENDY'S RESTAURANT You are required jo file a Stalllment of DiflCloSure of cartain own&~hlp or financial in18rests, paymenl:2, or campaign contributlonl, on aU matters whiCh will require dilcretior'\8ry aotion on the part of the City Council, Plannin; Commission, and all other official bodies. The fOUowing Information must be dlsclosecl: 1, U$t the names of all p8I'5OM having tlnanclallnt&rest In the propertY which Is Ih!l subject of the applicatIOn or the contract, e,g., owner applicant, contractor, sU!lCOntraclPr, me\Qtlal 'uppnlr. c..{)cu~I)V1e )=Dad S,efJ I C'f.L CDTp fi-W.U~oJ<.o.e \J (V.-OJA< i;)~O:.-t-L.dfIOJ:.C: ~ LlC ~J 2. If any parson" idantified pursuant to (1) abo.... Is a corporation or partnership, list the names of 1111 individuals owning more than 10% of tna lhares In the corporation or owning any partnershiP int8l'ul In the parlneranip. n~ S. If any parson" identilllld pursuant te (1) abow i. non-profit organization or II trust, list thll nllmQs of any parson serving as dirac1Dr of thiI non-profit organizaibn or as trus!911 or beneficiary or truster of the trust 4. Have ~u had mol'll than $250 worth of buslJ"QII tnlnaact8d with any membar of the City staff, Boards, Commissions, Committees, and Council wimln the past twelve monlt1s? Yes No \I ~s, plaualndlalt8 plIlSon(s): - -- 5. PI8_ identify each and Ivery pQr'GOf\, lnoludlng any IIgents, limployaes, consultants, or Independent co~cte($ who you hllw assiGned to I'9pl'81UII1t )'Ou blifa'" the City in this matiar. '\Zt-/L.SSW S fu0- . ).p iii YlI,cf Y 'f7:>D! uYl I;" . ..J ~-Lo", _dJ 1/\ Jr/ (./ S H .) V1 ~ J e. Have you and/or your officers or agents, in the agGregate, contributed rTJJ('" trnIn $1,000 to a CouncJllY1BmbQr In the cul!'8nt or praceding alaction period? Yea ~ NO If )'Gs, sla1e wI,ch Councilmember(s): . - (H07l!: ATTACH ADO",ONAL PA~ '1 iI /[)2-- Calli: :5.5 slgnatyJ80f co 'applicant ; (I.S)f:.L.L,: ,.\.f '( n>~D~iATf ~ Print or ty~ n!lm. 01 contractor'"pptlcant CUP APPUCA TION _ A?PEND!X B ATTACHMENT 4 PCC-03-0S3 JOHNNY CARINO'S RESTAURANT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: Appendix B THE CIl , OF CHULA VISTA DISCLOSURE STh, i:MENT 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. ft~Oort:\: 5y1~~ R-~E5.T:c. . Q ~_Crefuu.e \3(tUO.1 ~r\e UJ f:o.\) 0\AADICA. 0'2\'2.\-41~ B5ei ~- ?:f.J'X) 'f. S~ 2. If any person' identified pursJant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. -:;0 BReCK, LL.- G 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No If yes, please indicate person(s): 5. Piease identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more Council member in the current or preceding election period? Yes No Councilmember(s): than $1,000 to a If yes, state which Date: (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) /-/0 -0 3 -~-h_5rj<-- Signature of contractor/applicant '~-g111 ~ (-~2 ( ~ iL Print or type name of contractor/applicant . Person is defined OS" .'Any individual. firm. co-partnershIp. joint venture, association, social ciub.freatenw! organization, corporation, eslare, trust, receiver, syndicate. this Qnd Qny other counry eiO' and country. ciry municipality. a;srricr. or other political subdivision, or any other group or combinm/on actin? as a unit ,. PLANNING COMMISSION AGENDA STATEMENT Item: .if Meeting Date: 2/12/03 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-02-15 to establish a dwelling group by adding a second single-family dwelling and a detached two-car garage on a lot that contains an existing single-family dwelling. The lot is located at 108 Corte Maria Avenue in a Single-Family Residence (R-I) zone. The property owner is requesting approval to establish a dwelling group that would include the proposed 1,534 square foot single-fami]y dwelling and an existing 1,884 square foot single-family dwelling. The Environmental Review Coordinator has concluded that the project is a Section 15303, Class 3(a) (New construction or conversion of small structures) Categorical Exemption from environmental review in accordance with the California Environmental Quality Act (CEQA). RECOMMENDATION: Staff recol11l11ends that the PI arming COl11l11ission adopt the attached Reso]ution PCC-02-15 approving a conditional use permit allowing a dwelling group in an R-I zone based on the attached draft Reso]ution and the findings and conditions contained therein. DISCUSSION: Background On June 26,2002, the Plarming COl11l11ission heard testimony from the applicant and the neighbors opposing the project. The neighbors expressed concerns including vehicles parked on the street, the size of the proposed dwelling and noise. The neighbors felt that a dwelling group will impact the single-family residence make-up of the neighborhood (see Attachment 3). The P]arming COl11l11ission continued the project and recol11l11ended that the applicant consider reducing the size of the proposed new dwelling. Subsequently, the applicant has redesigned the project by reducing the originally proposed 2,110 square foot dwelling to ] ,534 square feet and requests that the COl11l11ission consider the new proposal. The 14,242 square foot lot is located at the southwest corner of 'D' Street and Corte Maria Avenue. The property is currently developed with a 1,884 square foot single-family dwelling that is centrally located on the lot. The dwelling group will be established by adding the new dwelling. The project also includes a new 420 square foot garage that will provide for the off- street parking requirement for the existing dwelling, which currently does not met the requirement. ( Page 2, Item: Meeting Date: 2/12/03 The lot size is adequate to meet the minimum 7,000 square foot lot size requirement for each dwelling unit. The proposed location of the second unit meets the required setbacks and building separation. A gate will be added to the existing fence line along 'D' Street to allow direct pedestrian access to the new dwelling unit. Both dwellings will be accessed from Corte Maria. Public Correspondence: Below is a list of the issues raised by neighbors who opposed the project at the June 26, 2002 Planning Commission hearing followed by staffs response: I. The dwelling group would impact the single-family residence neighborhood. Staff s response: Dwelling groups are an allowed use with a conditional use permit. The lot is the largest on the block and is sufficient in size to accommodate two dwellings and meet the required development standards. 2. The vehicles associated with the existing dwelling parked along Corte Maria cause congestion. Staffs response: The project proposes an attached two-car garage for the new dwelling and a detached two-car garage for the existing dwelling. Both garages are required to provide for off-street parking. 3. Another dwelling and more people will create more noise. Staffs response: The applicant has stated that family members currently living on the property will reside in the proposed dwelling. 4. The dwelling is too large. Staffs response: The applicant redesigned the proposed dwelling by reducing the square footage from 2,110 square feet to 1,535 square feet. Attachment 3 contains letters from several neighbors stating their opposition of the dwelling group proposal. The letters were submitted prior to the reduction in size of the proposed dwelling. ANALYSIS: Section 19.04.076 of the Chula Vista Municipal Code (CYMC) defines a dwelling group as two or more detached dwellings used for dwelling purposes located on the same parcel of land under one ownership and having a yard or court in common. The dwelling group is proposed in a Single- Family Residence (R-l) zone. The project, as proposed, is consistent with the requirements in Sections 19.24.040 and 19.58.130 of the CYMC as follows: OL. Page 3, Item: Meeting Date: 2/12/03 A. The area of the lot devoted to each structure used for dwelling purposes exceeds the minimum lot size of the underlying zone. B. Each dwelling unit will be connected to a gravity sewer per Condition No.9. C. All on-site utilities will be placed underground per Condition NO.7. D. A 2-car garage is proposed to replace the existing converted garage, and will provide the required parking for the existing dwelling. Future garage conversions will be prohibited and a building permit must be acquired for the existing garage conversion per Condition No.6. E. All driveways and guest parking areas will be paved per Condition No.5. F. The width of the access road is equal to the required twenty feet. G. Guest parking spaces are only necessary in cases where dwellings are served by an access roadway. These units can utilize on-street parking for guests. H. The Fire Marshal may require an on-site fire hydrant if necessary. I. The property does not require grading. J. The natural slope is less than 10 percent. K. The units of the dwelling group will comply with the required yards, as listed in the table below. L. The units of the dwelling group will comply with the minimum separation as listed in the table below. DEVELOPMENT STANDARD ......----------.-----.---..--.--- Height Lot Coverage Setbacks: Front (D Street) Rear ALLOWED/REQUIRED 28 feet (2.5 stories) 40% PROPOSED 14'-6" 27% -.--------..---- 15 feet 20 feet 17 feet -60 feet (from south property line) 15 feet 18'-6" 27% Corner Side (Corte Maria) Between units Floor Area Ratio (F AR) Parking Existing Dwelling Proposed Dwelling ]0 feet 18 feet 45% 2-car garage 2-car garage 2-car garage 2-car garage M. All development permitted under this provision shall be subject to the regulations and requirements of Title 19 of the CVMC, per Condition No. I. N. Site plan and architectural review for the proposed dwelling group has been provided by staff and shall be approved by the Planning Commission as part of the Conditional Use Permit. O. The proposed single-family dwelling and dwelling group are permitted uses of the R-I zone. 3 Page 4, Item: Meeting Date: 2/12/03 Pursuant to Section 19.24.040.A ofthe CYMC a dwelling group is an allowed use in a single-family residential zone with a conditional use permit. The lot has sufficient size to accommodate the existing and proposed dwelling and provides for adequate separation between the dwellings. The second dwelling will be architecturally integrated in ten11S of design, building materials and colors consistent with the existing single-family dwelling. The dwelling group would be compatible with the surrounding residential uses. The dwelling group project is consistent with the General Plan and the CYMe. Approval of the project requires compliance with the applicable codes and regulations, and all conditions must be satisfied prior to the final building inspection or occupancy. CONCLUSION: Staff believes that the applicant, through a redesign of the project, has adequately addressed the issues raised by the neighbors. The lot is sufficient in size to accommodate two single-family dwellings and the applicant has reduced the size of the dwelling from the original proposal and will provide a two-car garage to provide for off-street parking. The proposed dwelling group meets the development regulations of the CYMC, and staff believes that the neighbor's issues have been addressed. Staff recommends that the Planning Commission approve the proposed conditional use permit to allow a dwelling group at 108 Corte Maria Avenue, in accordance with the findings and conditions of approval in the attached Planning Commission Resolution PCC-02-15. ATTACHMENTS I. Locator Map 2. Draft Resolution PCC-02-l5 3. Letters from Neighbors 'I RESOLUTION NO. PCC 02-15 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-02-15, A DWELLING GROUP TO ALLOW A SECOND UNIT AT 108 CORTE MARIA AVENUE WHEREAS, a duly verified application for a conditional use permit was filed with the City ofChula Vista Planning Division on October 3, 2001 by Rivera Guadelupe; and WHEREAS, said applicant requests a dwelling group as defined in Section 19.04.076 of the CVMC to include an existing single-family unit and a proposed 1,535 square foot second single-family dwelling ("Project"); and WHEREAS, the Environnlental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 3(a) categorical exemption from environmental review CEQA Section 15303 (a) (New construction and location oflimited nW11bers of new, small facilities or structures); and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was to. be held at the time and place as advertised, namely February 12, 2003, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the Planning Commission voted to approve the conditional use permit; and WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The use is a dwelling group located in a single-family residential neighborhood in a Single-Family Residence (R-I) zoning district. The lot has sufficient size to accommodate the existing and proposed dwelling. The dwelling group is an allowed use, and is compatible with the surrounding residential uses. The project as proposed, satisfies the conditions and requirements of Section 19.58.130 of the CVMC, and will not impact the general well being of the neighborhood or the community. S- 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The dwelling group will be architecturally integrated in terms of design, building materials and colors consistent with the existing single-family residence. The lot has sufficient size to accommodate the existing and proposed dwelling and provides adequate separation between the dwellings and sufficient space to accommodated off-street parking. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-02-15 requires compliance with all conditions, codes and regulations for the Single-Family Residence (R-I) zoning district, as applicable, prior to the final issuance of any permit or occupancy for the use as described. 4. 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. The project is in consistent with the General Plan and Zoning Ordinance land use designations. The property is zoned R-I, which allows dwelling groups with a conditional use permit. The project as conditioned, and is in compliance with the applicable codes and regulations. All conditions shall be satisfied prior to final building inspection or occupancy. WHEREAS, the Planning Commission of the City of Chula Vista grants Conditional Use Pem1it PCC-02-15 subject to the following conditions, whereby the applicant and/or property owners shall: PLANNING & BUILDING DEPARTMENT I. Develop and maintain the project in accordance with Title 19 of the CVMC and the project plans dated November 20, 2002, including a site plan, floor plan, and exterior elevations. 2. Obtain a building permit in compliance with the 2001 Energy Requirements and the 2001 California Building Code, 2001 California Electrical Code, 2001 Califomia Plumbing Code and 2001 California Mechanical Code. 3. The applicant shall submit a conceptual landscape plan to the Director of Planning and Building for review and approval. . 4. The applicant shall submit a soils report prepared by a licensed Soils Engineer for review and approval by the Building Department. , 5. The applicant shall pave all driveways with a m1l11mUm of five inches of portland concrete cement. 6. The applicant shall obtain a building pel111it for the existing garage conversion prior to issuance of any other building pel111it. 7. All on-site utilities shall be placed underground. ENGINEERING DIVISION 8. The applicant shall pay the appropriate sewer capacity and traffic signal fees for the project in accordance with the CVMC. 9. The applicant shall install a separate sewer lateral for the new dwelling prior to the issuance of a building pel111it. 10. If required, provide grading plans to the Engineering Department for review and approval and obtain a grading permit as part of the building pel111it process. CHULA VISTA ELEMENTARY SCHOOL DISTRICT I I. The applicant shall pay all appropriate school fees. STANDARD CONDITIONS 12. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use pel111it is modified or revoked, and the existence of this use pel111it with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building pel111its for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. 13. This pel111it shall be subject to any and all new, modified or deleted conditions imposed after approval of this pel111it to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Pel111ittee of a substantial revenue source which the Pel111ittee cannot, in the nOl111al operation of the use pel111itted, be expected to economically recover. 14. This pel111it shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this pel111it to be reviewed by the City for additional conditions or revocation. '1 15. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 16. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all ofapplicant's/operator's successors and assigns 17. Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement san1e. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and iliat in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. ~ NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit PCC-02-l5 in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 12th day of February, 2003, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Russ Hall, Chair ATTEST: Diana Vargas, Secretary J:IPLANNINGIMICHAELIPCC REPORTSIPCC.02-15 '7' Planning Department Public Services Building Chula Vista Civic Center 276 Fourth Avenue Chula Vista, Ca 91910 Attention: Michael Walker 103 Corte Maria Ave. Chula Vista Ca 91910 June l8.L~QQ2 -..., 7' ;0;", :'20;:1~\ , I . -1 ! L-....__u.-"'--' I PLANNING .. i L____.__--.--.~-----.. Re: Case PCC-02-15 Dear Sirs: In regard to the addition of another 2110 square foot house to the property at 108 Corte Karia Avenue I wish to express my objections. At present there are at any given time, six to eight vehicles parked in their yard and out front. These include a large truck, a van, motor home, pickups and various cars. Where are they and more cars going to park? Many times the street is used by Rosebank parents dropping off and picking up children. We do not need any more congestion. Large, loud parties have also been a problem in the past. Also what effect will this have on our HI zoning? Sincerely, ,3.,Zf ,,7: ~~~ Betty L. Bixler 10 93 Corte Maria Ave. Chula Vista, CA 91910 June 25, 2002 Planning Department 276 Fourth Avenue Chula Vista, CA 11110 Michael Walker, Project Planner Re: Case #PCC-02-15 Dear Mr. Walker: This letter is regarding applicant Alfredo De La Torre's request to build a dwelling at 108 Corte Maria Avenue, Chula Vista, CA. This area is rated R-1 zone and should be respected as such. The dwelling presently on the site is used, evidently, by many in a family as I counted as many as 7 vehicles in the yard and 4 vehicles on the street in front at 6:00 p.m. today, June 25. By placing a 2,110 square foot house on the property, it would overload the street parking even more with vehicles from the new occupants and it would probably become an eyesore. Also, there have been very loud parties periodically at that site and with another dwelling and more people, what would the noise decibel be then? I feel it would make our fairly quiet neighborhood much too noisy and congested. I have lived in this neighborhood for 45 years and I ask you to please keep it as quiet an uncluttered as it has been in the past. R 1 is R 1 so please don't stretch things to change it. The 2,110 square feet is NOT a small structure for a class 3(a) environmental status. Thank you for your consideration in this matter. Sincerely, .- 1 (\ ( ..~ ---l L_____------\ '.-':. \ C' \ 'l., <../ :~ \J Eric B.Adney Jr. ~~~~~ If [6) IE ii:~1E 0 U I~ liIlLJUN 1 ~_1001 I~ PLN~N:NG I -' ----- Planning Department 276 Fourth Avenue Chula Vista, CA 11110 Michael Walker, Project Planner Re: Case #PCC-02-15 Dear Mr. Walker: We are concerned about applicant Alfredo De La Torre's request for a dwelling at 108 Corte Maria Avenue, Chula Vista, CA. This area is rated R-1 zone and should remain as an R-1 zone only. Building a 2,110 square foot house on the property, could cause the street parking to be over crowded with the vehicles from the new occupants. We are also concerned with the possible obstruction to the visibility to traffic approaching the intersection, and the safety of the children going to school each day. Also, there have been some very loud parties at that site and with another house and more people, we are afraid the noise problem would get worse. We feel it would make our fairly quiet neighborhood much too noisy and congested. We have lived in this neighborhood for 12 years and ask you to please help us to keep it as quiet and beautiful as possible. Please don't change this R-1 zone to look like an R-2 zone. The 2,110 square feet is NOT a small structure for a class 3(a) environmental status. Thank you for your consideration in this matter. Sincerely, Joe & Linda Amaro 62 Street ~. ~-~ f;;J. \,"'__~____,_.~-="~~:.~.~~...,_~_._- ___J Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Michael Walker, Project Planner Re: Case #PCC-02-15 Dear Mr. Walker: I am concerned about applicant Alfredo De La Torre's request for a dwelling at 108 Corte Maria Avenue, Chula Vista, CA. This area is rated as an R-1 zone and should remain as an R-1 zone only. The dwelling presently on the site must be used by a large family already because I count as many as 7 to 9 vehicles in the yard and on the street almost every day. Building a 2,110 square foot house on the property, would cause the street parking to be over crowded with the vehicles from the new occupants. It will probably become an eyesore. Also, there have been some very loud parties at that site and with another house and more people, I am afraid the noise problem would get worse. I feel it will make our fairly quiet neighborhood much too noisy and congested. I have lived in this neighborhood for many years and I ask you to please help us keep it as quiet and beautiful as possible. Please don't change this R 1 zone to look like an R2 zone. The 2,110 square feet is NOT a small structure for a class 3(a) environmental status. Thank you for your consideration in this matter. Sincerely, ;;jt/...../.7. -~'.. /' ,.'- /{..~ . ~#~ / c;~~/h ~;S.~ L~'r~ {{fff1ffRI~ \\R~f -------:\01 \u \1\ JUN 26 2002 'iL01 /.3 j I ._.-J i \ ~~.. - p'=;\r,:i~:;;\~G' J .~----_._----- Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Michael Walker, Project Planner Re: Case #PCC-02-15 Dear Mr. Walker: I am concerned about applicant Alfredo De La Torre's request for a dwelling at 108 Corte Maria Avenue, Chula Vista, CA. This area is rated as an R-1 zone and should remain as an R-1 zone only. The dwelling presently on the site must be used by a large family already because I count as many as 7 to 9 vehicles in the yard and on the street almost every day. Building a 2,110 square foot house on the property, would cause the street parking to be over crowded with the vehicles from the new occupants. It will probably become an eyesore. Also, there have been some very loud parties at that site and with another house and more people, I am afraid the noise problem would get worse. I feel it will make our fairly quiet neighborhood much too noisy and congested. I have lived in this neighborhood for many years and I ask you to please help us keep it as quiet and beautiful as possible. Please don't change this R1 zone to look like an R2 zone. The 2,110 square feet is NOT a small structure for a class 3(a) environmental status. Thank you for your consideration in this matter. Sincerely, {d, .. ~~~ / rl-- (!~U; /ktiiLtv C/uiv. /1,"-07- {' (1. Oft ,'l!t!::.LftJ.8 __________, i~~ [r;; [" [E u W' lE j'i 1 0 rJ;;__-iJ'H ~----, I nil I 'I II' ,run: si! Jd II Ji JUN 2 1'001' :~I 1'-/ i L_ .__J I ~I" jhO:.i'I\"'" 'I "'U,id'O, '-id .J __.,._.,~.._._",_..__.___.__,.J Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Michael Walker, Project Planner Re: Case #PCC-02-15 Dear Mr. Walker: I am concerned about applicant Alfredo De La Torre's request for a dwelling at 108 Corte Maria Avenue, Chula Vista, CA. This area is rated as an R-1 zone and should remain as an R-1 zone only. The dwelling presently on the site must be used by a large family already because I count as many as 7 to 9 vehicles in the yard and on the street almost every day. Building a 2,110 square foot house on the property, would cause the street parking to be over crowded with the vehicles from the new occupants. It will probably become an eyesore. Also, there have been some very loud parties at that site and with another house and more people, I am afraid the noise problem would get worse. I feel it will make our fairly quiet neighborhood much too noisy and congested. I have lived in this neighborhood for many years and I ask you to please help us keep it as quiet and beautiful as possible. Please don't change this R1 zone to look like an R2 zone. The 2,110 square feet is NOT a small structure for a class 3(a) environmental status. Thank you for your consideration in this matter. Sincerely, f r::~~--[;;---;:,,--;;----_'_-__ I.JIO<.r.r::_~!J~_fln_t~.'.7. fE .I~.!i Iii In,! ~1.il IU ill JUN 2 6 ?0~? ! l1!) .- Lh -J I p" ',' ~,"'."':\:-:-' I ~.. J,;~; ~I J' 'J I ,,,J is /fd '. ..~. i>>c~1ft'-- - . /'J (I --- Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Michael Walker, Project Planner Re: Case #PCC-02-15 Dear Mr. Walker: I am concerned about applicant Alfredo De La Torre's request for a dwelling at 108 Corte Maria Avenue, Chula Vista, CA. This area is rated as an R-1 zone and should remain as an R-1 zone only. The dwelling presently on the site must be used by a large family already because I count as many as 7 to 9 vehicles in the yard and on the street almost every day. Building a 2,110 square foot house on the property, would cause the street parking to be over crowded with the vehicles from the new occupants. It will probably become an eyesore. Also, there have been some very loud parties at that site and with another house and more people, I am afraid the noise problem would get worse. I feel it will make our fairly quiet neighborhood much too noisy and congested. I have lived in this neighborhood for many years and I ask you to please help us keep it as quiet and beautiful as possible. Please don't change this R 1 zone to look like an R2 zone. The 2,110 square feet is NOT a small structure for a class 3(a) environmental status;,::.:..c____.__ Thank you for your consideration in this matter'./.'./Q) r II~ <<~ lE.(t(~-I!;"'r-~~j ;;i )).!, I: Sincerely, ill U, JUN 26 onn? Iii !il 'I.', "'...1' '"i( i~/! I : -.--.j .-;li.L ~A ~ .' ~U D r~'ff-1~ ;;9 (2~ 1l1~~ lip {'/, --~.-..~ Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Michael Walker, Project Planner Re: Case #PCC-02-15 Dear Mr. Walker: I am concerned about applicant Alfredo De La Torre's request for a dwelling. at 108 Corte Maria Avenue, Chula Vista, CA. This area is rated as an R-1 zone and should remain as an R-1 zone only. The dwelling presently on the site must be used by a large family already because I count as many as 7 to 9 vehicles in the yard and on the street almost every day. Building a 2,110 square foot house on the property, would cause the street parking to be over crowded with the vehicles from the new occupants. It will probably become an eyesore. Also, there have been some very loud parties at that site and with another house and more people, I am afraid the noise problem would get worse. I feel it will make our fairly quiet neighborhood much too noisy and congested. I have lived in this neighborhood for many years and I ask you to please help us keep it as quiet and beautiful as possible. Please don't change this R1 zone to look like an R2 zone. The 2,110 square feet is NOT a small structure for a class 3(a) environmental status. Sincerely, , -.".... -,.,_.-- -..-. --~. .."., . Ifni if~ (t~ !fr~fr~-:f~- ;; ~<< r-o"--"'''-'''~ ...._--.~--_.--~=ll; \ .,j Ii' , : :- ;u U; ,}UN 26 ?0n? L Thank you for your consideration in this matter. -_..-._.J ?JClj~ e.. ~ I ~? c..~ 'J.'!1 ~ . <:-0....Qq..,VMZQ; I c~. '1/9/0 ~Ji_."';. Ij';\'G '_._'^-'"~,-".~- 17 .__._.._n'_"_" '_"_'_ ,.___~_.___"_..._ ~._ _~__________. -.--.--"-.-..'. -....-. Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Michael Walker, Project Planner Re: Case #PCC-02-15 Dear Mr. Walker: I am concerned about applicant Alfredo De La Torre's request for a dwelling at 108 Corte Maria Avenue, Chula Vista, CA. This area is rated as an R-1 zone and should remain as an R-1 zone only. The dwelling presently on the site must be used by a large family already because I count as many as 7 to 9 vehicles in the yard and on the street almost every day. Building a 2,110 square foot house on the property, would cause the street parking to be over crowded with the vehicles from the new occupants. It will probably become an eyesore. Also, there have been some very loud parties at that site and with another house and more people, I am afraid the noise problem would get worse. I feel it will make our fairly quiet neighborhood much too noisy and congested. I have lived in this neighborhood for many years and I ask you to please help us keep it as quiet and beautiful as possible. Please don't change this R1 zone to look like an R2 zone. The 2,110 square feet is NOT a small structure for a class 3(a) environmental status. ',.... "". ....-. ..' (,1 Ie; 1':-.' r!~ i,'. i: !-'I Iii !.~, Thank you for your consideration in this matter. ; I') f . .... : ~ ; ~\, . " Sincerely," 'J. JUN 26 U t~ -li~- ifr~~~'; :-> It ji; '~ i I i ,'I .'!' i!';'! ~:::'./ ; ~1I~--- / r C; CO II]" Pi /V[ /1' (/(. ( (0 C /(VL.-I'J V{C, fj4-( Llq qL~L(J '..,.-..-,...... " '-'-, , ", ~ I ~ i.J "-___0-._______________ __,; f8 Michael Walker Planning Department Public Services Building Chula Vista Civic Center 276 Fourth Avenue Chula Vista, California 91910 , . ;.';" -, - - - -~.__.. ~~, i i ii : , " ; , Jill ! : . !i0J i'" l JUL - 8 2002 I L-. L _ _d____.j PLA,i~iN!NG I I Dear Mr. Walker, We are opposed to the proposed project, case number PCC-02-15, at the address 108 Corte Maria Avenue. We feel our neighborhood should remain R-1 and not vary in any way. The property in question has been host to a minimum of five vehicles parked on the street daily in addition to recreational vehicles, fixer -up cars and a commercial truck parked on the property and the residents have enclosed their carport and converted it to interior space when they took possession of the premises approximately five years ago. The household is a magnet for police visits. The property is enroute to an elementary school and often blocks the only sidewalk on the street with the mass quantity of rubbish, canned and bulky items such as sofas and large toys which are also left out for days after pick-up or until special pick-up arrives a week later. Increasing the population density of this area by granting approval to this project will only lead to tl1e "National City"ization of our City. Do not set precedence in this case. We all want a better Chula Vista and tl1ese variances are not tl1e key to achieving tl1at better Chula Vista. Sincerely, j1b7') t4t.~. Thomas and Kimberly Holden 30 D Street Chu1a Vista, California 91910 1'1 h :?t);){)(8 ~W~))~~ ' ~J)~-~1~V~,:' .' r;J7(P ffftbittJ ~ :., . ".';,.;:. , ~'V~ C~ t?f(qIO p" FEB -3 2003 .... .' ." Ii,' . . . 12 ~lJ' "",:~'., ....... " .... ~ r~,:";:',: \iI";';,,) ~.. ..) . .' ; ." .... -....-.-...-... ......-c.,.--.--..-.. j - . IJ-/LtCt~~ ~~ ' 'f)n Ci.w ~ f?CC-O;) -(5. \.' . 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