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HomeMy WebLinkAboutPlanning Commission Minutes 2003/05/14 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, May 14, 2003 276 Fourth Avenue, Chula Vista ROLL CALL! MOTIONS TO EXCUSE: Present: Hall, O'Neill, Cortes, Castaneda, Felber Absent: Madrid, Hom Staff Present: Jim Sandoval, Assistant Director of Planning and Building John Schmitz, Principal Planner Marilyn Ponseggi, Environmental Review Coordinator Michael Walker, Associate Planner Rich Whipple, Associate Planner Miguel Tapia, Principal Community Develop. Specialist Dave Hanson,Deputy City Attorney I MSC (Castaneda/Cortes) (5-0-0-2) to excuse Commissioners Horn and Madrid. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Hall APPROVAL OF MINUTES: April 23, 2003 MSC (O'Neill/Cortes) (4-0-1-2) to approve minutes of April 23,2003 as submitted. Motion carried. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC-02-13; Conditional Use Permit proposal to allow the expansion and conversion of an existing accessory building into a 906 square foot accessory second dwelling unit attached to a two-car garage behind the existing single-family dwelling located at 736 Church Avenue. The project site is located in the Single-Family Residence (R-1) --'~-"'-"~""--'--'~"--------'-- Planning Commission Minutes - 2 - May 14, 2003 zone. The accessory second unit is in compliance with State Government Code Section 65852.2(b). Applicant: Daniel Contreras. Background: John Schmitz, Principal Planner presented an overview of the project and a chronology of events since the application was filed. They are: · 09/18/01 Application was filed · 3/27 - 6/12/02 First series of hearings · 7/10/02 Planning Commission adopted resolution of denial · 7/19/02 Appeal of Planning Commission's denial is filed · 9/18/02 Applicant indicates desire to remove code violations · 11/5/02 Permit for reconversion finaled · 1/28/03 Council adopts new local Second Unit Ordinance The proposal includes a 498 sf addition to an existing 408 sf workshop (that is attached to a 400 sf garage), resulting in a 906 sf accessory second unit consisting of two bedrooms, a living room, kitchen and bathroom. The garage and workshop were previously illegally converted into a dwelling unit. Mr. Schmitz further reported that an appeal of the Planning Commission's decision to deny the project was filed, therefore, the application remains active. Although the City currently has a newly enacted Secondary Accessory Unit Ordinance, since this is an appeal and the project was analyzed using the State guidelines, it was determined that the project should be considered under those guidelines. Staff Recommendation: Based on the Commission's concerns about the size of the unit, staff is recommending that the applicant reduce the proposed unit to 700 sf or less, and recommends that the Planning Commission adopt Resolution PCC 02-13 approving the request based on the findings and conditions contained therein for the accessory second unit. Commission Discussion: Commissioner Castaneda asked for clarification as to why the Commission is considering this item again, after it had already rendered a decision of denial, which the applicant appealed to the City Council. He further inquired why the project is being considered utilizing the State guidelines, and not the City's newly enacted ordinance. John Schmitz responded that according to staff's recollection of discussions held by the Commission and review of the minutes, it appears that the reason behind the decision to deny was based upon a perception that the proposed structure was too ...------- --~-_.. ......,...- ....__..~-- ---.-...----.-......-....-.--.-...- - - ---.'.. ...,.._---_._..._--~- .--.------.-- Planning Commission Minutes - 3 - May 14, 2003 large for the property and not compatible with the area, as well as concerns with existing code enforcement violations on the property. The applicant indicated that he was willing to correct the code violations and refer it back to the Planning Commission to see if that would alter the Commission's decision. Public Hearing Opened 6:20. Tom Tomlinson, 231 Fourth Avenue, Chula Vista, CA, attorney representing Mr. Contreras, stated that Mr. Contreras agrees with the scenario given by Mr. Schmitz and it is his client's position that he is appearing once again before the Planning Commission under his original application, which is an appeal of a denial rendered in July 2002. It is his understanding that one of the reasons for the denial was that there was an existing violation of the off-street parking requirement because the garage conversion was not legal. Furthermore, Mr. Contreras perceived he was turned down as a result of the illegal garage conversion, event though his proposal included correcting the violation as well as building the additional living space. Mr. Tomlinson further clarified that if the Commission in anyway deems this to be a newly instituted application and not an appeal of the original application, then Mr. Contreras respectfully withdraws his application from being considered tonight and prefers to proceed with his appeal to Council. Dave Hanson clarified that it is counsel's, as well as staff's opinion that this application should be reviewed applying the State guidelines and not the City's newly enacted ordinance. Pandra Boyle, 739 Church Avenue, Chula Vista, CA, representing the area residents reiterated their opposition to the proposed second unit due to its size and enumerated the list of code enforcement violations on the property. She further stated that although they would prefer the project be denied altogether, they understand that this is unfeasible and staff's recommendation to approve a 700 sf unit is an acceptable compromise, but would ask that the City conduct periodic monitoring to ensure that the garage is not converted back to living area. Daniel Contreras, 515 Fourth Avenue, Chula Vista, CA addressed the Commission and stated that his only objective for the past year and a half has been to receive the Commission's approval to move forward with the construction of the accessory unit and correct the code violations of the illegal garage conversion. He stated the accessory unit is needed for the family members who are providing full-time care to his ailing mother. ----"'.-'..-----.---- - -----"---'''-'''''- ....- -_._--_.._----------~,- Planning Commission Minutes - 4 - May 14, 2003 Public Hearing closed 6:50. Commissioner O'Neill stated that in light of the fact that the Commission is reviewing this application applying the State requirements and not the City's newly enacted ordinance, he is inclined to go with staff's recommendation to approve a 700 sf accessory unit. Furthermore, the street parking issue remains because although the City can require a two-car garage for a single family residence, it cannot compel that it be used. He recommended that a condition be added stating that the portion of the driveway in front of the garage be kept cleared and the garage be accessible for vehicular parking at all times. Commission Cortes expressed his disappointment with the amount of time and effort it took for this project to reach a resolve. He expressed frustration with the myriad of issues that were raised during its review, which in his opinion detracted from an objective review of the project on the sole merit of what was being proposed, which included correcting the existing code violations. He further stated that the State regulations, under which this application is being reviewed, allows up to 1,200 sf, and the City's newly enacted ordinance allows no more than 650 sf, therefore, in his opinion, and a reasonable compromise is what the applicant is proposing; a 906 sf accessory unit. Commissioner Castaneda expressed concern with the State-imposed mandate on local jurisdictions as it relates to accessory units and how it compromises the integrity of the Single Family Residential Zone. He further stated that in his opinion a compromise of 700 sf, as recommended by staff, is a reasonable size for the use that Mr. Contreras is stating he needs it. MSC (Cortes/ ) that the Planning Commission approve a 906 sf accessory unit at 736 Church Avenue. Motion failed for lack of a second. MSC (Castaneda/O'Neill) (4-1-0-2) that the Planning Commission adopt Resolution PCC 02-13 approving a 700 sf accessory unit. Under discussion, it was suggested by Commissioner Castaneda that there should be a proviso that staff follow-up to ensure that the garage continues to be maintained for use for vehicles. Cmr. O'Neill states that the compliance proviso is built into every CUP and therefore is unnecessary to restate it; a complaint would trigger code enforcement to check it out. He agrees that the CUP needs a condition that the driveway needs to be kept clear for access to the garage Cmr. Castaneda expressed concern that restrictions on the driveway use could force .-,.. ..... ~_. .__._..__._._-----_.._.__._---_.,--._,_._.__._"._-~..-,-~--~.~.- Planning Commission Minutes - 5 - May 14, 2003 the applicant to park on the street, which the neighbors are already concerned about. John Schmitz stated that Condition #2 in the resolution is intended to address the concerns being expressed Cmr. Castaneda stated that he was not suggesting that any changes be made to those conditions. Motion carried. 2. PUBLIC HEARING: PCC 03-48; Consideration of a Conditional Use Permit for Cingular Wireless to construct an anmanned cellular communications facility at Hilltop Baptist Church, 740 Hilltop Drive. Commissioner Castaneda excused himself from the dais. Background: Lynette Tessitore-Lopez reported that Cingular Wireless proposes to construct a 47 foot tall monopalm that would support twelve antennas and would be designed to match the existing monopalms on the site. A matching color and design equipment enclosure will be integrated with the existing equipment shelter. This site was chosen by Cingular Wireless to fill a gap in wireless communication services in the Hilltop area. There is a deficit of coverage in the area between H Street, L Street and east toward 1-805. The coverage map indicates that with the addition of this site, the coverage for this area will go from "poor" to "strong and good". The applicant commissioned a study that assessed the cumulative effects ofthe three facilities at this site. The report concluded that the radio frequencies of the three facilities combined are below the FCC exposure limits. Staff Recommendation: That the Planning Commission adopt Resolution PCC 03-48 authorizing a Cingular Wireless facility at Hilltop Baptist Church. Commission Discussion: Commissioner Felber pointed out that the photo simulations depict a monopalm that has antenna arrays protruding beyond the palm frons, and asked if this was simply a photo distortion or if it was an actual depiction of what this stealth facility will look like. John Schmitz responded that perhaps this is something the applicant can elaborate on once the public hearing is opened. "__mo. ...-.-....-.------..- --_.~--- Planning Commission Minutes - 6 - May 14, 2003 Public Hearing Opened 7:20. Chair Hall stated for the record that the Commission was in receipt of a letter of opposition from Kenneth and Rita Dibble. Darrell Daugherty, 6170 Cornerstone Ct. # 180, San Diego, CA, applicant, stated that the proposed facility would be the third monopalm located at this site. This location is optimal because it provides the coverage needed to improve the service in this area and this cluster of monopalms are located in an area that is secluded away from close proximity to residential structures. Mr. Daughterty addressed Cmr. Felber's concerns and reassured the Commission that every effort will be made to design a state-of-the-art facility utilizing the latest design elements in faux palm frons and antenna arrays to achieve a stealth appearance Rita Mcintyre, 30 J Street, area resident stated that she's lived at this location for 25 years and although she does not recall when the first two wireless facilities were constructed, as she looks out her kitchen window she has full view of them, therefore, she is strongly opposed to constructing, yet, a third facility and is concerned with what appears to be a proliferation of these antennas localized at one location. Public Hearing Closed 7:40. MSC (O'Neill/Hail) (4-0-0-3) that the Planning Commission adopt Resolution PCC 03-48 authorizing a Cingular Wireless facility at Hilltop Baptist Church. Motion carried. 3. PUBLIC HEARING: PCM 02-04; Auto Park North Specific Plan. Commissioner Cortes recused himself from the dais. Public Hearing opened and continued to May 28, 2003. 4. PUBLIC HEARING: Mitigated Negative Declaration IS 03-16 and Precise Plan PCM 03-15 to allow for a mixed-use project that includes: 1) 40 lane homes (condominiums); 2) nine loft apartments; 3) 9,000 sf of retail space; and 4) reductions in parking and open space. The project site is located at 760 Broadway in the Central Commercial, Precise Plan (C- CoP) zoning district. -_._-~_._- _ ____ _ __. _ _·...0·'·.··.._.__._...._._ _"__________________m_____.____.____.______ Planning Commission Minutes - 7 - May 14, 2003 Background: Michael Walker gave an overview of the project as presented in the staff report. The project is proposed to be developed on a 2.53 acre site within the City's Southwest Redevelopment Area and will include 40 lane condominiums and 9 loft apartments above 9,000 sf of retail space. The homes will be located behind the loft/retail building and a 24 ft. driveway will separate the two uses. The homes will range between 1,450 to 1,650 sf and will have approximately 400 sf of open space consisting of a balcony and rear yard. The 1,150 sf loft apartments will be located above the retail buildings and two carports containing six spaces each will provide parking for the lofts with two 1,020 sf terraces on top of the carports serving as common open space for the loft residents. Other on-site improvements include landscaping, lighting, drainage facilities, paved parking, retaining walls and a 6 foot high masonry wall along the west property line. Staff Recommendation: That the Planning Commission recommends to the Redevelopment Agency adoption of the Mitigated Negative Declaration and the Precise Plan Ordinance, based on the findings and conditions contained therein for the redevelopment of the mixed-use project. Commission Discussion: Cmr. Felber asked for clarification on parking availability for the retail use and residents. He further inquired about common open space areas, specifically for children's use to play in. Mr. Walker responded that the project provides 138 parking spaces, which includes the two-car garage for each residential units. There are two carports on each side of the project each containing six designated parking spaces for use of loft residents. The remaining parking area behind the retail uses, as well as approximately 20 on- street parking along Broadway, are available for the retail uses. Mr. Walker further stated that the project is being developed under the R-3 standards, which requires some open space, however, the single family units provide 400 sf of open space when you combine the rear yard and balcony, which meets the minimum requirement. Public Hearing opened 8:20. Chris Bitterlin, 2245 San Diego Avenue, San Diego, applicant stated that they identified this site approximately two years ago to develop an urban in-fill project that meets the goals ofthe City in revitalizing Broadway, increasing density and providing -" ~~~-------_.. .. _.~ .--.. . _.---...._-_._.__......-------~_..~---_.,-,-_..,--- Planning Commission Minutes - 8 - May 14, 2003 market-rate entry-level pricing for housing. He was attracted to bringing Tom Carter as a partner because of his track record in developing successful mixed-use projects, such as the Mission Hills project. Additionally, Carter Reese Associates have been pioneers in developing successful urban in-fill, higher density-type projects. He stated their enthusiasm in bringing this proposal to Chula Vista, which provides opportunities for a wide range of homebuyers. Tom Carter, 3636 Fifth Avenue, San Diego, stated they have been developing in-fill projects throughout the San Diego region and one of their main objectives is to bring home-ownership back into the older communities, which brings more stability to that community. Mr. Carter further indicated that the reason they incorporated the retail use was because they felt that the project needed a buffer between the residential community and Broadway. Mr. Carter reiterated the previous statements that given the mixture of buyers that will most likely be attracted to this type of development, i.e. young couples, empty- nesters, and retired individuals, the 400 sf open space provided for each unit would be very adequate. Cmr. O'Neill asked if any other type of project was considered for this site. Mr. Carter responded that they most definitely considered other options, i.e. an apartment complex, which would have brought considerable more density (118 units), however, it would have required a parking structured, which did not work out financially. Cmr. Cortes inquired if the project includes the boarded-up motel to the south. Miguel Tapia responded that the project does not include the motel to the south, however, the owner of the motel is currently in the process of developing a concept plan to submit to the City for an expansion to the motel by approximately 21 rooms and parking spaces, plus associated landscaping. Robert Erni, 749 Riverlawn Avenue, Chula Vista, resident that will be directly in back of the project site stated he opposes the project because of the loss of privacy they will encounter with a three-story building abutting and looming over their property. He is also concerned with the noise impacts this project will create, stating their overall quality of life will be compromised. He urged the Commission to oppose the project. Public hearing closed 8:40. -^_.._..__.~..__._-_._._-~,------_.- - - -------- ~.._,- ------ _"_._'..____M._____'. - Planning Commission Minutes - 9 - May 14, 2003 Commissioner O'Neill stated that he truly desires to like this project and is in favor of even higher density in certain corridors within the City of Chula Vista, however, his main concern with the project is the 24 to 30 foot distance of the driveway between the buildings, creating a cavernous effect. He is concerned with the lay-out and scale of the project. Commissioner Castaneda stated that although this proposal would appear to be in accord with the vision set forth for the redevelopment of this area, he is concerned with hastily approving projects, particularly in western Chula Vista and in the redevelopment area without first knowing what the new General Plan will delineate for this area. In light of the on going General Plan Update, he asked if staff had any information about how this project would fit into the overall vision for western Chula Vista. Furthermore, Cmr. Castaneda expressed his concern with adding more density to an area of the City that is woefully lacking parks, recreation facilities, and even commercial uses that other parts of the City enjoy. Jim Sandoval responded as part of the General Plan Update, staff will be bringing for the Commission's consideration a series of land use alternative, which will identify areas where there is to be low, as well as, high densities of development both in east and west Chula Vista. The focus, among other things, is to identify where one would expect more intense development to occur, such as in activity centers and corridors. The proposed project is located in a corridor where one would expect this type of development to occur. Cmr. Felber stated he empathized with Mr. Erni's concerns over the loss of privacy and stated he could support the project if some type of mitigation measure, i.e. a trellis-type fencing where vegetation could serve as a screen to not only attenuate some of the noise, but also serve as a visual barrier. Cmr. Cortes stated that in spite of the issues that have been raised, which to some extent he too is concerned with, he believes that this is type of project that is envisioned for this redevelopment area and believes would be successful beyond expectations. Cmr. Hall stated that he does not believe that one project will make or break where we're at in our City's history as it relates to the update and development of the General Plan and future plans for the City. He further indicated that although he has some reservation with the layout of the project, he will trust the judgment and ability of both the developer and City staff to be -~..,-- -.---_._--, --' -----~--_..._~_._--_.~--,-_._--,_. Planning Commission Minutes - 10 - May 14, 2003 able to work out and address those concerns. MSC (Cortes/Hall) (3-2-0-2) that the Planning Commission recommends to the Redevelopment Agency adoption of the Mitigated Negative Declaration and the Precise Plan Ordinance based on the findings and conditions contained therein for the redevelopment of the mixed-use project as described, with a recommendation that staff and adjoining residents discuss a mutually agreed upon mitigation measure to attenuate the sound and visual impacts on the west wide of the property. No action on motion due to a (3-2-0-2) vote. 5. PUBLIC HEARING: Negative Declaration (IS 03-08); Rezone (PCZ 03-02) from the Thoroughfare Commercial, Precise Plan (CTP) zone to the Central Commercial Precise Plan (CCP) zone; and Precise Plan (PCM 03-21) to allow for a mixes-use project that includes: 1) 41 apartments affordable to low income senior citizens with associated support services; 2) one manager's apartment; 3) 2,219 sf of retail space; and 4) reductions in setbacks, parking and open space. The projectsite is located at 825 Broadway. Developer: MAAC. Commissioner Hall stepped down from the dais and left the meeting as he had another commitment to attend. Background: The proposal is to develop a project on a 1-acre site surrounded by commercial uses and located within the City Southwest Redevelopment Area. The project includes 41 affordable apartments for senior citizens, one manager's apartment, 2,219 sf of retail space, 6,100 sf of community and common open space on-site, a social services kiosk, and 45 on-site parking spaces with additional on- street parking spaces along Broadway and Sierra Way for patrons of the retail uses. The project has been designed as a three story "U" shape building with retail at ground level and residential on the second and third levels. Based on the square footage of the project, the CVMC requires 74 parking spaces for the project. The project proposes a total of 45 parking spaces with approximately 34 spaces designated for residential use, and the remaining 11 spaces for supplemental parking for the project and additional on-street parking along Broadway and Sierra Way. Staff Recommendation: That the Planning Commission recommends adoption of the ordinance for a Rezone and recommends adoption of the Negative Declaration and Precise Plan Ordinance based on the findings and conditions contained therein for the mixed-use project. ""_.'-- . -..---...-----------......- ------------'-------.--- Planning Commission Minutes - 11 - May 14, 2003 Commission Discussion: Commissioner Cortes asked for clarification on the calculations for parking requirements. John Schmitz, Principal Planner stated that both Planning and Community Development staff did research to find out what is a typical parking requirement for a senior project such as this. Their research found that half a space per unit is a fair standard because for a variety of reasons, not everybody will have a vehicle. The fact that this is an age-restricted project on a street that is served by public transit and in close proximity with other services in the area, staff was willing to recommend approval of the parking reduction. Public Hearing Opened 9:40. Lee Bates, 22 W. 35th Street, National City, CA, Project Manager for the MAAC Project addressed the eligibility issue and stated that in California a Senior can be defined as a person 55 years or older. In larger scale projects the 55 year requirement is most prevalent, however, because this is a small-scale project, in comparison, the requirement will be 62 years of age or older. They are pursuing affordable housing financing through a federal program called 202 Elderly Housing and the other is a 9% tax credit administered by the State. Cmr. Castaneda inquired what means would be used to identify resident eligibility and if the project's eligibility can be restricted to Chula Vista residents. He also asked about the kiosk use. Mr. Bates stated that they have to abide by strict Fair Housing Laws and because of the tremendous waiting lists that usually develop with projects such as this, most likely they would determine to do a lottery off of a waiting list. Secondly, as previously stated, because the majority ofthe financing for the project is coming from Federal and State funding, under the Federal statute, the eligibility for the units and the way to access those units is based on Fair Housing Laws, which require that the units be availability to the general public on a first-come-first-serve basis. Mr. Schmitz stated that the kiosk is an annex of the building and it is to provide social services strictly to residents of the building. Public Hearing closed 9:55. ..._.. .__'__n...._...__~_~_____ Planning Commission Minutes - 12 - May 14, 2003 Notwithstanding the Commission's disappointment that eligibility cannot be restricted solely to Chula Vista residents, the consensus was that overall the project uses and density are suitable for this area, is in line with the vision set forth for the redevelopment of this area, and will provide a valuable service to the community. MSC (Cortes/Felber) (4-0-0-3) that the Planning Commission recommends adoption of the ordinance for a Rezone and recommends adoption of the Negative Declaration and Precise Plan Ordinance based on the findings and conditions contained therein for the mixed-use project. Motion carried 6. PUBLIC HEARING: PCM 03-06; request to amend the Otay Ranch Village 11 Sectional Planning Area (SPA) Plan, Site Utilization Plan and adopt an Ordinance to modify the Otay Ranch Village 11 SPA Planned Community District Regulations. PCS 03-02; request to approve a Revised Tentative Subdivision Map for Village 11 of Otay Ranch, Chula Vista Tract 01-11A. Background: Rich Whipple, Associate Planner reported that on October 23, 2001 the City Council amended the Otay Ranch GDP authorizing 2,390 dwelling units, adopted a SPA Plan and Tentative Map for Village 11. The application for the amendment to the SPA Plan and for a Revised Tentative Map utilizes a portion of the unused SPA dwelling units, transfers one dwelling unit from Neighborhood R-2 to R-1, subdivides Neighborhood R-23 into a small-lot single-family product and completes a minor "clean-up" for the plan document. In summary, the application provides for: 1. Adding footnotes to the Village 11 SPA PC District Regulations to allow reduced lot width and front yard setback for a "z-Iot" design 2. Utilizing 7 unused lots in R-1 on the revised Tentative Map, increasing from 156 to 163 units 3. Transferring one unused lot from R-1 to R-2 4. Utilizing one unused lot in R-4 5. Correct the Land Use Table in the Village 11 Site Utilization Plan; and 6. Subdividing R-23 into 119 small-lot single-family residences. Staff Recommendation: That the Planning Commission adopt: . Resolution PCM 03-06 recommending the City Council approve an amendment to the Otay Ranch Village 11 SPA Plan adding language to the PC District ~_._--_.._~.__.._._--._-_..-. . --..--...-..--.-.- --- --....---------- -..--....--------- -- Planning Commission Minutes - 13 - May 14, 2003 Regulations and amending the Site Utilization Plan by transferring one dwelling unit from R-1 to R-2. · Resolution PCS 03-02 recommending that the City Council approve a Revised Tentative Subdivision Map for Village 11 to subdivide R-23 and utilize unused Village 11 SPA dwelling units in R-1 and R-4. Public Hearing opened and closed 10:15. MSC (O'Neill/Castaneda) (4-0) That the Planning Commission adopt: · Resolution PCM 03-06 recommending the City Council approve an amendment to the Otay Ranch Village 11 SPA Plan adding language to the PC District Regulations and amending the Site Utilization Plan by transferring one dwelling unit from R-1 to R-2. · Resolution PCS 03-02 recommending that the City Council approve a Revised Tentative Subdivision Map for Village 11 to subdivide R-23 and utilize unused Village 11 SPA dwelling units in R-1 and R-4. Motion carried. ADJOURNMENT at 10:20 p.m. to a Special Planning Commission meeting on May 28,2003 at the Joseph Casillas Elementary School, located at 1130 E. J Street, Chula Vista, at 6:00 p.m. ~V~ - Diana Vargas, Secretary to Planning Commission ,..-.--,,,. .._~".,~...._.. ----.-. ._._."'_.,-_._--~..__..__.._-_._-- .- -_.._..._,-~---_.~_._~~.