HomeMy WebLinkAboutPlanning Commission Minutes 2003/10/08
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
Wednesday, October 8,2003 276 Fourth Avenue, Chula Vista
ROLL CALU MOTIONS TO EXCUSE:
Present: Cmrs. Castaneda, Madrid, O'Neill, Hall, Cortes, Hom,
Felber:
Staff Present: Jim Sandoval, Acting Director of Planning and Building
Marilyn Ponseggi, Environmental Review Coordinator
Ben Guerrero, Environmental Projects Manager
John Schmitz, Principal Planner
Michael Walker, Associate Planner
Lynette Tessitore-Lopez
Elizabeth Hull, Deputy City Attorney III
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Castaneda
APPROVAL OF MINUTES: September 24, 2003
MSC (Hail/O'Neill) (4-0-0-2) to approve minutes as submitted. Motion carried with
Commissioners Cortes and Castaneda abstaining.
ORAL COMMUNICATIONS: No public input.
1. ACTION ITEM: Report on closure of Environmental Impact Report
review period for the 2003 Redevelopment Plan
Amendment for the BayfrontITown Centre I and the
Merged Chula Vista Redevelopment Plans.
Background: Ben Guerrero stated that the purpose for tonight's meeting is to close
the public comment period for the draft Environmental Impact Report for the
Redevelopment Plan Amendment. Mr. Guerrero further stated that all comments
received tonight will be considered and addressed as part of the Final EIR. The draft
EIR was circulated for public review beginning on August 25 and tonight's hearing will
mark the close of the 45-day public review period. A public hearing will be scheduled
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Planning Commission Minutes - 2 - October 8, 2003
before the Planning Commission on October 22 to consider recommending
certification of the Environmental Impact Report.
Commissioner O'Neill step down from the dais.
MSC (Horn/Felber) 6-0-0-1) that the Planning Commission close the public
review period for the Draft Environmental Impact Report for the 2003
Redevelopment Plan Amendment for the BayfrontlTown Centre I and the
Merged Chula Vista Redevelopment Plans. Motion carried with Commissioner
O'Neill abstaining.
2. PUBLIC HEARING: ZA V 03-11; Appeal of the Zoning Administrator's decision
to grant a variance allowing a dental practice to use an
existing office site that does not meet the on-site parking
and driveway width requirements. The project is located
at 235 F Street in the Administrative and Professional
Office (C-O) Zone. Applicant: Dr. Susan Tulenko.
Background: Michael Walker, Associate Planner, reported that on September 24th,
the appellant, Daniel Mofitt submitted an extensive packet of information on the day of
the hearing and the Commission felt they needed additional time to review this
material, therefore, the public hearing was continued from September 24th to the
October 8th Planning Commission meeting. Since the last hearing, staff has
discussed the appellants concerns with Mr. Edson, project architect and Dr. Tulenko;
the applicant has agreed to modify the project by moving the building forward to
provide five on-site parking spaces, which includes a handicap parking space, and
also to move the building westerly to provide an 11 foot wide driveway as oppose to
the existing 9.5 foot driveway. Dr. Tulenko has also agreed to purchase three parking
permits at the City parking lot located approximately 300 feet to the west of the project
site, for a total of 8 parking spaces.
Mr. Schmitz, Principal Planner, stated that a revised Planning Commission
Resolution has been drafted for the Commission's consideration. The first part ofthe
revised resolution is to void the action taken by the Zoning Administrator on the
Variance. Should the Commission wish to approve the Variance, the revised
resolution would accomplish that.
Mr. Schmitz further stated that at the previous meeting staff recommended that the
applicant be allowed to meet a portion of their parking requirement by purchasing
parking permits for a public lot located approximately 300 feet to the west. Section
19.62.040 of the Zoning Ordinance allows off-site parking to count if it is within 200
feet of the subject property. To ensure that this option is correct, the purpose of this
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Planning Commission Minutes - 3 - October 8, 2003
variance would be to expand the allowed walking distance from 200 feet to 300 feet
instead of reducing the parking spaces requirement.
Mr. Walker stated that one of the issues raised by Mr. Moffit, the appellant, is that the
basement has the potential to be converted to office space. Staff discussed with the
applicant the possibility of reducing the height of the basement to 6.5 feet, but the
applicant did not accept this recommendation.
Mr. Moffit also contends that the existing building was not legally converted from a
residence to an office. Staff has reviewed this issue and continues to rely upon a
1982 building permit that clearly allowed an addition to the building as a podiatry
office.
Staff Recommendation: That the Planning Commission adopt Resolution DRC 03-
72 and ZA V 03-11 voiding the Zoning Administrator's action and approving a variance
to extend the travel distance to off-site parking and reduce the allowed driveway width
to 11 feet.
Cmr. Castaneda inquired how the City would ensure that the parking fees are paid
for.
Elizabeth Hull responded that it would be a Condition of the Variance and if any
Conditions are not complied with, the Variance could be revoked. Additionally, the
ordinance that allows the flexibility for off-site parking, has a provision requiring the
applicant to enter into an agreement with the City, which is then recorded against the
property.
Cmr. Felber inquired if the agreement could include language regarding the use of
the basement to be strictly for storage.
Ms. Hull responded that the restriction on the use of the basement would be a
Condition of the Variance.
Cmr. O'Neill inquired what the fee for the parking permit would be and what
mechanism would be used to monitor it, i.e. a decal.
Mr. Schmitz responded that he didn't know what the fee amount is. With respect to
the sticker, the City already has a system in place; the Finance Department sells
parking passes to public lots elsewhere in the downtown area.
Public Hearing Opened 6:45.
Joaquin Alvarez, 240 F Street, insurance business owner, stated he would be willing
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Planning Commission Minutes - 4 - October 8, 2003
to also purchase a couple of parking spaces for his employees in order to alleviate
some street parking. He supports the project and urged the Commission to approve
it.
Gilbert Raty, 873 Fairway Ct, stated that the proposal to reduce the height of the
basement is unwise because part of the space will be occupied by ducts and piping,
as well as equipment that will on occasion require servicing.
Mr. Edson, Architect, stated the existing building is structurally deficient and
deteriorated and the building will be totally re-engineered and brought up to code. He
further stated they are complying with all of the parking requirements, including a 17
foot wide handicap parking space to accommodate a van and wheelchair access.
With respect to the basement height, Mr. Edson indicated that the Fire Department is
requesting at least a two-foot clearance between the top of the equipment and the
ceiling, which they are complying with and in addition, the building will incorporate a
sprinkler system. Mr. Edson stated they have gone above and beyond what is a
reasonable review of the project in order to address all of the concerns that have
been raised and the project has been held up in the review process since March.
Jeri Vanderpoole, 229 F Street, next door real estate business, restated her support
for the project as expressed in the last public hearing of September 24th.
Don Swanson, restated his support for the project as expressed in the last public
hearing of September 24th.
Carol Raty, restated her support for the project as expressed in the last public
hearing of September 24th.
Marvin Straus, 550 B Street, San Diego, Dr. Tulenko's husband, commended staff
for their hard work and effectively dealing with strong emotions on both sides. He
underscored Mr. Edson's qualifications as a world-renowned architect whose work
spans throughout La Jolla to Saudia Arabia; he emphasized this will be a Class-1
project.
Mr. Straus further stated he is disheartened with the opposition, hurdles, requirements
and the delay their project has been subjected to. He indicated that this is not the
kind of message the City should be sending to prospective businesses who may want
to establish themselves in Western Chula Vista, specifically along Third Avenue and
Broadway.
Public Hearing Closed 7:05.
Commission Discussion:
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Planning Commission Minutes - 5 - October 8, 2003
Cmr. O'Neill stated he can support the project because the solutions that have been
worked out with the parking and the driveway width, adequately address the issues
that have been raised, however, he expressed concern with over-subscribing the use
of off-site parking as a quick-fix, which can create a problem down the line with a
shortage of available parking spaces on these lots.
Cmr. Cortes suggested that the prepaid parking spaces be designated to be lot-
specific.
Public Hearing re-opened.
Daniel Mofitt, 317 Twin Oaks Avenue, pointed out that his understanding is that the
basement will have a 10-foot ceiling, and the report states that it will be an 8 foot
ceiling.
Mr. Sandoval clarified that the distance between the basement floor and the first floor
is 10 feet, however, there needs to be room for ducts, pipes and other materials
between floors, reducing the distance to 8 feet in the basement.
MSC (Hall/Felber) (7-0) that the Planning Commission approve the Resolution
DRC 03-72 and ZAV 03-11 based on the findings and conditions contained
therein. Motion carried.
3. PUBLIC HEARING: PCC 03-77; Conditional Use Permit to allow a dwelling
group in the R1-5P Zone at 1168 Alpine Avenue.
Background: Lynette Lopez reported that the proposal consists of two dwelling units
on a 10,475 sf lot. The lot presently occupies a dwelling unit within the front 5,000
feet of the lot and the second unit is proposed to be in the rear 5,000 feet with access
directly from Alpine Avenue. The two units will match in color, stucco and materials to
ensure conformity of all structures on the lot. The proposed dwelling group is
compatible with the surrounding neighborhood, which consists of other parcels of
similar uses.
Staff Recommendation: That the Planning Commission adopt the attached
Resolution PCC 03-77 approving a Conditional Use Permit for a dwelling group in the
R-1-5P Zone based on the findings and subject to the conditions contained therein.
Commission Discussion:
Cmr. Castaneda inquired why this was an application for a dwelling group, as
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Planning Commission Minutes - 6 - October 8, 2003
opposed to an accessory unit.
Ms. Lopez responded that the dwelling group provision allows a second dwelling if the
parcel supports it and there is also specific criteria that this proposal meets.
Public Hearing opened and closed 7:35.
Cmr. O'Neill stated that where there is a rear unit, he would recommend that either
there be no gate allowed or if they propose to install a gate, that it be remotely
operated.
A discussion followed regarding street improvements. Ms. Lopez stated that to her
knowledge, the applicant has not filed for a deferral of street improvements with the
Engineering Department, therefore, he will be required to install street improvements
according to City specifications.
Mr. Hernandez, further clarified that the City secures signatures from the residents
stating that they will not protest the formation of an Assessment District to pay for
future street improvements when the City is ready to construct them.
MSC (Cortes/Felber) (7-0) that the Planning Commission adopt Resolution PCC
03-77 approving a Conditional Use Permit for a dwelling group in the R-1-5P
zone based on the findings and subject to the conditions contained therein.
Motion carried.
4. PUBLIC HEARING: PCC 03-73; Conditional Use Permit to construct an
accessory second dwelling unit at 447 Oxford Street.
Commissioner Cortes stepped down from the dais.
Background: Lynette Lopez, Associate Planner reported that the proposal is to
construct a 1,194 sf accessory second dwelling unit behind an existing 2,671 sf
primary single-family home on a 13,939 sf parcel. The application was received on
March 3, 2003, prior to the City's adoption of Accessory Second Unit Ordinance and
is, therefore, subject to the State Government Code Sections 65852.2(b)(1)(A)-(I).
Ms. Lopez further stated that the proposed accessory unit is an appropriate use for
this location based on size, floor area ratio, lot coverage and the compatibility of the
unit with the neighborhood. Though not a requirement of accessory dwelling units,
the front and north side yard, which in total measures approximately 30 x 50 ft. will be
landscaped appropriately to provide aesthetic values as well as usable open space.
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Planning Commission Minutes - 7 - October 8, 2003
Staff Recommendation: That the Planning Commission adopt Resolution PCC 03-
73 approving the project based on the findings and subject to the conditions
contained therein.
Public Hearing opened and closed 7:55.
Commissioner O'Neill stated that the site plan indicates there will be a gate at the
driveway entrance and he recommended that either the gate not be allowed or that it
be operated remotely.
MSC (O'Neill/Hail) (6-0-0-1) that the Planning Commission adopt Resolution PCC
03-73 approving the project based on the findings and subject to the conditions
contained therein with an additional condition requiring the absence of a gate
or that the gate be operated electronically. Motion carried.
ADJOURNMENT at 8:00 p.m. to the Planning Commission meeting of October 22, 2003.
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- Diana Vargas, Secretary to Planning Commission
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