HomeMy WebLinkAboutRCC MIN 2001/12/03
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
December 3, 2001
Mercy Building Conference Room
430 "F" Street
MEETING CALLED TO ORDER by Chair Charles Bull at 6:32 p.m.
ROLL CALL/MOTION TO EXCUSE
MSC (Thomas/Reid) to excuse Commissioners Juan Diaz and Cindy
Burrascano. Vote: (4-0)
MEMBERS PRESENT: Chair Charles Bull, Vice-Chair Doug Reid, Commissioners
Teresa Thomas, Pamela Bensoussan and Juan Diaz (6:38)
STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator
Maria Muett, Associate Planner
Lynnette Lopez, Associate Planner
Linda Bond, Recording Secretary
OTHERS PRESENT: David Adams, West Auto Wreckers
David Street, West Auto Wreckers
Daniel L. Street, West Auto Wreckers
Danny L. Street, West Auto Wreckers
Carlene Scott
Elizabeth A. Galligan, 466 'E' Street
Glenda de Vaney, 200 'K' Street
Gloria Trumble, 665 Del Mar Avenue
Ismael Ochoa, 640 Fifth Avenue
Juan Carlos Fox, 344 Hilltop Drive
Joyce Green, 279 'J' Street
Imozelle McVeigh, 644 Second Avenue
Jim McVeigh, 644 Second Avenue
John Parks, 124 Hilltop Drive
Nick Gistaro, 21 'F' Street
Frank Roseman, Chula Vista Historic Museum
Corinne McCall, 642 Second Avenue
James McKnight, 224 Fig Avenue
Veronica Lugo, 224 Fig Avenue
APPROVAL OF MINUTES: October 1 and November 5,2001
The appropriate Commissioners were not present to approve the minutes of October 1
and November 5, 2001.
RCC Minutes - 2 - December 3. 2001
ORAL COMMUNICATIONS: None.
If there were no objection, Chair Bull suggested that NEW
BUSINESS be taken out of order since the remainder of the agenda
was historic designations.
NEW BUSINESS
3. IS-01-050 - West Auto Wreckers, 2365 Main Street
Ms. Maria Muett (Associate Planner) displayed a locator map of the project, which
was inadvertently omitted from the package that was sent to the Commissioners.
The 3-acre site is developed by West Auto Wreckers, which operates as an auto
wrecking and salvage yard. The goal of the proposed project is to construct a 9,000
square foot one-story prefabricated steel warehouse that will be used to house
dismantled auto parts that are currently being stored outside. The following on-site
improvements are proposed: additional parking, landscape treatments, lighting and
fence replacement. The applicant will be required to maintain curb, gutter and
sidewalk improvements along Main Street and full cul-de-sac improvements will be
required along Faivre Street. A Soils Report was inconclusive regarding the potential
for hydrocarbon contamination in the soil and did recommend mitigation of covering
the soil with concrete (foundation of proposed warehouse) or removing the soil.
Because the site is within the 1 OO-year floodplain, the floor elevation of the proposed
warehouse would be raised 1 foot above the floodplain. According to the Drainage
Study, the proposed project would not create a significant change in the drainage
path. The site is mainly unpaved and there is a depression at the south end of the
site that would detain runoff.
The Commissioners did not have any concerns with the proposed project but did ask
for clarification regarding the catch basins, floodplain, diesel oils, dust control,
esthetics and borings, which were explained to their satisfaction by Ms. Muett and
Mr. David Adams (West Auto Wreckers, 2365 Main Street, Chula Vista, CA 91912).
MSC (Thomas/Reid) that the RCC determine that the Initial Study is adequate
and the Mitigated Negative Declaration be adopted. Vote: (5-0-0-1) with
Burrascano absent.
OLD BUSINESS
1. Historic Designation, 279 'J' Street (Victor Day House)
Ms. Lynnette Lopez (Associate Planner) indicated that staff received an application
on October 25, 2001 from Ms. Green requesting that the Victor Day House be
considered for historic designation. Ms. Green is the granddaughter of Victor &
Gwendoline Day, the original owner. Ms. Green has requested designation for the
following reasons: it is a 1920s style bungalow and retains some of its original
design and materials. Contractor Arthur Done constructed the house in 1924. This
house may meet Criteria #4 for distinguishing architecture. Staff requests that the
RCC Minutes - 3 - December 3. 2001
Commission specifically address the vinyl windows and the addition of the enclosed
porch in their deliberations. Ms. Green has also applied for the Mills Act. With that
savings she intends to restore the house back to its original splendor. She would
also change the windows to the original era.
Ms. Joyce Green (Owner, 279 'J'Street, Chula Vista, CA 91910) indicated that the
enclosed porch is pretty much original to the house.
Commissioner Bensoussan did not think the porch represented any major impact
since you cannot see it from the front, but she seriously objected to the vinyl
windows. She felt the RCC would be sending the wrong message if they
recommended designation of this house with the windows as they are unless the
RCC tied it to some kind of condition.
Ms. Lopez indicated that the Commission could make a recommendation on the
Mills Act Contract by putting an actual timeframe for changing the windows or send it
forward to City Council specifically noting that was an item. Ms. Lopez would be
going out to check on those improvements.
Ms. Marilyn ponseggi (Environmental Review Coordinator) suggested two actions
the RCC could take: 1) recommend against the designation because of the vinyl
windows, or 2) tie it to the Mills Act and put the designation and tie it to a specific
time period within the time that the Mills Act Contract is approved.
Chair Bull thought that a mitigating factor should be the fact that the house has
continuously remained in the family.
MSC (Thomas/Reid) to approve for historic designation and recommend for a
Mills Act Agreement with a condition in the Agreement that the windows
would be replaced by the end of 2005.
Amend motion to add that no historic site sign will be placed on the house
until the windows are replaced. This was agreed to by the motion maker and
second. Vote: (5-0-0-1) with Burrascano absent.
2. Historic Designation, 466 'E' Street (George Sample House)
Ms. Lopez indicated that the owner, Ms. Elizabeth Galligan, has requested
designation based upon the distinguishing architecture character, the house is over
69 years old and retains many of its original features, and it is a unique subtype of
Tudor style architecture. The house was built in 1929 for George A. Sample. The
City of Chula Vista Historic Resources Inventory of 1985 states that it appears that
there was an addition to the rear of the house. Staff has determined and confirmed
with the current owner that this was misinformation as there was never an addition
made to this house. The house appears the meet Criteria #4 and #6.
Commissioner Reid asked if the owner had applied for the Mills Act. Ms. Lopez
stated that Ms. Galligan does not wish to apply for the Mills Act Agreement.
RCC Minutes -4- December 3.2001
MSC (Bensoussan/Thomas) to approve for historic designation. Vote: (5-0-0-
1) with Burrascano absent.
Chair Bull recommended that it be noted on the Historic Inventory that the back of
the house is not an addition. Ms. Ponseggi stated that staff would do that.
NEW BUSINESS (cont'd)
4. Mills Act Contracts for: 311 'D' Street: The Frank Damren House
21 'F' Street: The Starkey House
279 'J' Street: The Victor Day House
200 'K' Street, The Edmund Russ House
665 Del Mar Avenue: "EI Nido" The Mary Miller
House
224 Fig Avenue: The George Steese House
124 Hilltop Drive: The Leo Christy House
344 Hilltop Drive: The Dupree-Gould House
614 Second Avenue: The Nadine Davies House
616 Second Avenue: The Greg Rogers House
642 Second Avenue: The Garrettson-Frank House
644 Second Avenue: The Jennie MacDonald
House
640 Fifth Avenue: The Stafford House
Ms. Lopez stated that each Mills Act Agreement has an attachment that each
homeowner, in discussion with staff, completed as to what their intensions are with
their Mills Act savings.
Ms. Ponseggi suggested that, if the Commission determines to take these as a
package, they need to pull out 614 and 616 Second Avenue and act on them
separately because Commissioner Bensoussan is the owner and cannot vote on
those. Also take out 279 'J' Street as that house was voted on earlier.
Ms. Lopez indicated that, upon recommendation by the RCC, the contracts would be
forwarded to City Council for consideration and authorization for the Mayor to sign
the contracts, which will then be forwarded to the County Assessors office making
the properties available for tax credit in the 2003 tax year. The contracts must be
notarized before being forwarded to the County. Each homeowner has voluntarily
applied to participate in the Mills Act program thus indicating their commitment to
preserve the historic character of their home.
Staff Recommendation: That the RCC make a recommendation to Council to
approve each of these Mills Act Contracts.
Commissioner Bensoussan stressed for the record that her interpretation of the Mills
Act Contract does not allow for improvements to include things like vinyl or
aluminum windows.
RCC Minutes - 5 - December 3. 2001
MSC (Thomas/Reid) to recommend all the homes for the Mills Act except 279
'J' Street, 614 and 616 Second Avenue. Vote: (5-0-0-1) with Burrascano
absent.
MSC (Diaz/Reid) to recommend 614 and 616 Second Avenue for the Mills
Act. Vote: (4-0-1-1) with Bensoussan abstaining and Burrascano absent.
5. Meeting Schedule for 2002
Ms. Ponseggi stated that the RCC meetings are scheduled based on Planning
Commission meetings; therefore, the next RCC meeting is not until January 14,
2002. That is a long time between meetings, so it is possible that the Commissioners
may get a call to have a special meeting the week before that date.
MSC (Reid/Diaz) to accept the 2002 RCC meeting schedule. Vote: (5-0-0-1)
with Burrascano absent.
ENVIRONMENTAL REVIEW COORDINATOR COMMENTS
6. Planning Commission Workshop on December 5, 2001 Regarding Transit First
Program and Water Conservation Program
The Commissioners indicated that they did not receive the Planning Commission
agenda and memo regarding the joint Planning Commission/RCC workshop. Since
the copier was down, Ms. Ponseggi stated that the items would be e-mailed to them
the next day. The RCC needs to adjourn to this special meeting.
Ms. Ponseggi reported that the house on San Miguel Drive would be coming back to
the RCC at their first meeting in January. The RCC recommended a historic site
permit, and the owner withdrew their application the next day. The City Attorney has
advised staff that because it had come to the RCC with a recommendation, staff
cannot just drop it and not take it forward even though the owner has requested staff
do that. Also the house on Madrona Street will be coming back at the first RCC
meeting in January. The owner has withdrawn their application, but the RCC will be
advised of new information and asked whether they still want to recommend
designation based on the new information.
CHAIR COMMENTS: None.
COMMISSIONER COMMENTS
7. Governor's Historic Preservation Award Recommendation
MSC (Thomas/Diaz) that the RCC recommend the Chula Vista Heritage
Museum with the recognition of the City of Chula Vista for the State Historic
Preservation Award. Vote: (4-0-1-1) with Bensoussan abstaining and
Burrascano absent.
RCC Minutes - 6 - December 3. 2001
Commissioner Thomas indicated that she would be happy to do the paperwork and
put the package together.
Commissioner Bensoussan wanted to know what the process would be to put
historic preservation language in the City Code that makes sense. We are all in
agreement that the ordinance is inadequate and that the designations don't make
sense. Ms. Ponseggi stated that the problem is that the General Plan has no policies
in it about historic preservation. The General Plan is the policy guideline for the City.
The General Plan is currently being updated and will most definitely include historic
preservation policies.
Commissioner Sensoussan asked if the RCC could get the ball rolling (on the
record) by making a recommendation on the inadequacy in terms of the present
code. Ms. Ponseggi stated that what she could do in the next couple of months is
bring the General Plan Manager in to give the RCC an update.
Commissioner Diaz invited his fellow Commissioners and City staff to the 20th
anniversary of his business on Friday, December 14, 2001, starting at noon.
APPROVAL OF MINUTES (cont'd) - November 5,2001
Commissioner Bensoussan requested a copy of the 2002 Preservation Design Awards
information Ms. Ponseggi had distributed at the November 5, 2001 meeting. Ms.
Ponseggi stated that Ms. Lopez would mail that information to her the next day.
Chair Bull stated that, if there are no objections to the November 5, 2001
minutes, they stand approved.
COMMMISSIONER COMMENTS (Cont'd)
Commissioner Thomas wanted to talk about the wall behind the MAAC project and what
could be done about it. Almost the whole area of the back parking lot is a 2-foot wall, not
an 8-foot wall. There has to be a creative solution to mitigate the noise. Commissioner
Thomas stated that she brought up the point that there should be a wall in that spot
because the homes are right adjacent to the property. She was told that she was
mistaken that there was, indeed, already a big wall and so she just accepted that. Then
she rechecked, and it is, in fact, a 2-foot wall. She pointed out on the site plan where
there is 13 or 14 feet of low wall. Ms. ponseggi stated that that is the setback where a
high wall is not permitted. If a 6-foot wall is put up there, you can't see past the wall. It's
a site access issue.
Commissioner Thomas indicated that there is no mitigation for the noise such as the
movement of the packing and unpacking of trucks. Plus, the applicant said they were
going to be using that as a working site for a certain period during the year. Chair Bull
stated that there is nothing the RCC can do because the Commission has already
approved the project. Ms. Ponseggi indicated that not only has the Negative Declaration
RCC Minutes - 7 - December 3. 2001
been adopted, but also the project has been approved and has gone all the way through
the process.
Commissioner Thomas stated that there is a principle if you approve something on the
bases of false information. If the project was approved with the understanding that there
was a 6-foot wall, then there should be a 6-foot wall. Ms. Ponseggi thought there might
have been a misunderstanding. Chair Bull stated that, in the future, the RCC needs to
make sure that in a motion that a distinctive mitigation measure needs to be included.
Commissioner Thomas wondered if that meant that if somebody does make a mistake
and tells you something is already okay then you just have to go by their mistakes.
There is no way of remedying that in the future. Ms. Ponseggi indicated that the plan
has not changed. In the future, staff will make a point of letting the RCC know if a wall
does not go all the way down to the street.
Commissioner Bensoussan wanted to thank Ms. Lopez for a valiant effort on putting the
Mills Act applications together. She did a great job.
MSC (Thomas/Bensoussan) to adjourn to the joint workshop on December 5,
2001. Vote: (5-0-0-1) with Burrascano absent.
ADJOURNMENT: At 8:15 p.m. to a special joint workshop with the Planning
Commission on Wednesday, December 5, 2001, at 6:00 p.m. in Conference Rooms 2
and 3, 276 Fourth Avenue, Chula Vista, CA.
Prepared by:
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Linda Bond
Recording Secretary
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