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HomeMy WebLinkAboutPlanning Commission Minutes 2002/01/09 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Public Services Building Wednesday, January 9,2002 276 Fourth Avenue, Chula Vista, CA ROLL CALU MOTIONS TO EXCUSE: Present: Chair O'Neill, Commissioners Castaneda, Hall, Cortes, Thomas, McCann, Willett Absent: None Staff Present: Jim Sandoval, Assistant Director of Planning and Building John Schmitz, Principal Planner Rick Rosaler, Principal Planner Marisa Lundstedt, Environmental Projects Manager Harold Phelps, Associate Planner Ann Moore, Sr. Assistant City Attorney PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair O'Neill APPROVAL OF MINUTES: MSC (Willett/Thomas) (5-0-2-0) to approve minutes of December 5, 2001 as submitted. Motion carried. ORAL COMMUNICATIONS: Bill Tripp, 1401 Laurel Avenue stated he reviewed the accessory second unit matrix and expressed concern with staffs recommendation that Conditional Use Permits for accessory second units continue to be processed administratively without a public hearing. He further urged the Commission to carefully consider this recommendation in light of existing requirements that all Conditional Use Permits be considered in a public hearing forum. 1. PUBLIC HEARING:SUPS 01-05; Special Use Permit to construct a 1,240 sf car wash, 849 sf 2-bay lube area, and a 435 sf customer service area, with accompanying landscaping, parking and driveway circulation. Planning Commission Minutes - 2 - January 9, 2002 Background: Harold Phelps, Associate Planner reported that the project is located at the northwest corner of Third Avenue and Montgomery Street and is surrounded by single family, two-family and multi-family homes, as well as a number of commercial uses. Since the proposal is located within the Redevelopment Project Area, final approval is required by the Redevelopment Agency. The applicant initially submitted an application for the proposed project in January 2001. Staff identified a number of concerns relating to on-site circulation, vehicular queing and landscaping issues. As a result the applicant worked with staff and redesigned the project addressing concerns that were previously identified. Staff recommendation: That the Planning Commission adopt Resolution SUPS 01-05 recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration and approve the Special Use Permit, subject to the conditions and findings contained in the draft Redevelopment Agency resolution. Commission Discussion: Chair O'Neill expressed concern that the 42 feet from the exit of the car wash tunnel to the driveway approach does not provide adequate room for stacking of cars that are coming out of the car wash and still need minor detailing of wiping down windows and mirrors. He also stated that if this were a drive-through car wash, where patrons remain in their cars, then there most likely wouldn't be a stacking problem. Public Hearing Opened 6:25 Lee Hope, Architect, 5055 North Harbor Drive, San Diego stated that the exit area (42 feet) allows stacking of 4 vehicles and there is not anticipated to be any problem in moving the cars off the premises because the customer service area has no vending machine or anything else that would delay the customer from picking up their vehicle when it comes out of the car wash. He further stated that this is an automated car wash and cars exit virtually dry requiring minimal touch-up of windows and mirrors. Commissioner Thomas inquired what the elapse time is from when the vehicle enters the car wash to when its ready to drive off the premises. Mr. Hope responded that going through the car wash takes 60 to 90 seconds and then approximately 90 to 120 seconds for detailing time, for a total of approximately 3 minutes, however, patrons exit their vehicle prior to it being vacuumed, therefore, that time is extended. ". _,_m .~_. _____m___________, _.._..___..._.."_....0....._ ---,..,._---_._---~---"-_.__.._- Planning Commission Minutes - 3 - January 9, 2002 The Commission consensus was that the project, as designed, is too ambitious for a lot this size because it does not allow for adequate on-site circulation, specifically the stacking grid-lock that will occur due to the restricted area at the exit of the car wash. They, therefore, urged the applicant to consider redesigning the project and perhaps change the car wash to a drive-through so that there is no need for patrons to exit their vehicle. MSC (Thomas/Castaneda) (7 -0) to continue public hearing to January 23rd to allow Mr. Hope (Architect) time to confer with the owner, who was not present at the meeting. Motion carried. 2. PUBLIC HEARING:a. Consideration of the Final Second Tier Environmental Impact Report (EIR 98-01) for the Otay Ranch Village Six Sectional Planning Area (SPA) Plan. b. PCM 99-05; Consideration of a Sectional Planning Area (SPA) Plan, Planned Community District Regulations, Village Design Plan, Public Facilities finance Plan, Affordable Housing Program and other regulatory documents for 2,232 dwelling units on approximately 386 acres in village Six of Otay Ranch located generally in the north central portion of the Otay Valley Parcel, south of Olympic Parkway, east of La Media Road, north of Birch Road and west of future SR-125. Marisa Lundstedt, Environmental Projects Manager gave an overview of the project as presented in staff report. She reported that a Second Tier EIR, CEQA Findings of Fact, and Mitigation Monitoring and Reporting Program have been prepared for the project. The Final EIR contains responses to comments received during the public review period. The Final EIR identified a number of direct and indirect significant environmental impacts that would result from the proposed SPA Plan and conceptual TMs. Some of these significant impacts can be fully avoided through the adoption of feasible mitigation measures, while others cannot be avoided by adoption of feasible mitigation measures or feasible environmentally superior alternatives. In order to approve the proposed project, a Statement of Overriding Considerations must be adopted. Project Level and cumulative impacts are identified and are divided into three categories: Significant and Unmitigated; these are either cumulative (project is combined with other projects) or regional in nature (beyond the sole control of the City ofChula Vista. They are: __ .._.......u..____,,__ - ______._..___...._.._n.._.._.__._._________.._·__._____ Planning Commission Minutes - 4 - January 9, 2002 - Land Use (Cumulative) - Agricultural Resources (Cumulative) - Landform Alteration & Aesthetics (Cumulative) - Transportation, Circulation & Access - Bilological Resources (Cumulative) - Air Quality (Project & Cumulative) Significant and Mitigated to Less than Significant; Mitigations measures required in the EIR would reduce the impact to less than significant. - Landform alterations and aesthetics (project) - Biological Resources (project) - Geological/Soils (project) - Paleontological Resources (project) - Agricultural Resources (project) - Water Resources & Water Quality (project & cumulative) - Transportation Circulation & Access - Cultural Resources (project & cumulative) - Noise (project and cumulative) - Water supply and facilities (project and cumulative) - Sewer Service (project and cumulative) - Integrated Waste Management (project and cumulative) - Law Enforcement (project and cumulative) - Fire Protection (project and cumulative) - Schools (project and cumulative) - Library Services (project and cumulative) - Parks & Recreation (project and cumulative) - Hazards/Rick of Upset (project and cumulative) Less than Significant Impacts - Land Use, Planning and Zoning (project) - Housing and Population (project and cumulative) - Geology and Soils (cumulative) - Mineral Resources (project and cumulative) - Gas/Electric Service (project and cumulative) At the time the Program EIR 90-01 was certified and adopted in October 1993 the City Council and Board of Supervisors jointly determined that substantial social environmental and economic benefits of the Otay Ranch project outweighed the significant and unmitigable impacts associated with the project and a Statement of Overriding Consideration was approved. Village Six will result in unmitigable impacts that would remain significant after the application of these measures, therefore in order to approve the project, the City must adopt a Statement of Overriding Considerations pursuant to CEQA. _ _ _ --.... _._._---_.."--,~-_.,-,."..----_.__._--,---------- Planning Commission Minutes - 5 - January 9, 2002 The City has examined a reasonable range of alternatives and based on this examination, the City has determined that neither of the alternatives meets the project objectives, or is environmentally superior to the project. Rick Rosaler, Principal Planner, gave an overview of the project as presented in staff report. He further reported that the SPA Plan proposes 2,232 dwelling units on 386.4 acres of land in Village Six. The ownership is split between three property owners; McMillin Otay Ranch, LLC, the Otay Ranch Company and the Catholic Diocese of San Diego. McMillin is proposing 482 single-family dwellings and 212 multi-family units on their portion of Village Six, while Otay Ranch Company is proposing 401 single-family dwellings and 1,392 multi-family units. The Catholic Diocese is proposing a church on an 11.5 acre site and a 32.5 acre private high school in a neighborhood zoned residential. Commission Discussion: Chair O'Neill stated that with ownership of the land by the Diocese, it becomes tax exempt and was wondering what would happen if the plans for the private high school fall out. Rick Rosaler responded that although this is out ofthe City's purview and he cannot speak for the Diocese, if the plans for the high school fall apart, they would most likely then sell the property to a merchant builder, at which time the tax exemption on the property would be removed. Cmr. O'Neill further stated that the accessory unit component as part of satisfying the affordable housing requirement (six units) was innovative and in actuality a homeowner can qualify for more house with less income under this scenario. Cmr. O'Neill stated he supports the accessory unit wholeheartedly. Furthermore, whether one likes it or not, State law would allow a secondary unit (attached or detached) to go in later. Surprisingly, the plaintiff in the Santa Monica decision, was the Coalition For Affordable Housing: apparently they seem to think there is some afford ability that accrues from these accessory units. Commissioner Thomas stated he did not support the accessory unit in lieu of the six affordable housing units because the homeowner would be able to rent the unit at market rate, which would then defeat the purpose of calling it affordable. Commissioner Hall inquired about the progress the Diocese is making in purchasing the land. Rick Rosaler responded that they have other sites under consideration and they are presently evaluating the Carmel Mountain site, however, they are encountering some -------.--- ... . ...~.. -- - -._- ---------------.---- _____n____'__________.______________ Planning Commission Minutes - 6 - January 9, 2002 problems with the City of San Diego for that site and they will be looking next at the Otay Ranch site. The Diocese has stated that the school would not be open until SR 125 is built because this is a regional facility and people would need SR 125 to get to the school. Commissioner Hall expressed concern that within the Otay Ranch and Eastlake development, the City is not achieving the full realm of smart growth and asked if the plans for the private high school fall out, has the City considered commercial/ industrial office park for that site, thereby creating a job base for Chula Vista residents. Rick Rosaler stated that in 1993 the County of San Diego jointly approved the GDP and the plan envisioned Otay Mesa as being the employment base for the area. However, there are office uses focused into the Freeway Commercial and Eastern Urban Center, but not in the Villages. Additionally, Cmr. Hall stated that he would like to see a survey conducted of the residents in the eastern portion of the City in order to access whether they plan to use SR-125, knowing that it will be a toll road. Cmr. Hall further stated that he is concerned that regional jurisdictions and the development community believe that SR-125 will be the panacea for improving traffic conditions that currently exist and future conditions at build out. The fact ~ that SR-125 will be a toll road, in his opinion, will be a deterrent for its use and, therefore, the region will not reap the optimal benefits of its usage. Marisa Lundstedt, Environmental Projects Manager, stated that although conducting a survey would be an excellent way to gauge the community, it would not be within the purview of an Environmental Impact Report, Commissioner O'Neill stated that the same concerns were expressed about the Coronado Bridge, which turned out to be unfounded. Furthermore, he stated that no one from eastern Chula Vista needs to use the toll road in order for it to be effective because SR-125 will effectively take the pre-load from the border off of 1-805, to the benefit of the residents of Chula Vista who use 1-805. Commissioner Castaneda stated that he concurs with Commissioner Hall's comments regarding the under-utilization of SR-125 and although he agrees with Chair O'Neill's comments on the Coronado Bridge, he believes that SR-125 is more analogous to the 73 toll road in Orange County, which has not met expectations in terms of reaching capacity. Additionally, although SR-125 may take some of the load off of 1-805 with traffic coming from the border, unless residents from eastern part of Chula Vista use the roll road, there are still going to be problems on surface streets. - Commissioner Castaneda inquired if any consideration has been given to incorporate into the monthly Home Owners Association fee the cost for the transponder to the toll road. He further stated that it would be a lot more feasible to do it now, rather than later Planning Commission Minutes - 7 - January 9, 2002 Alex AI-Agha, Sr. Civil Engineer, stated that the City has not conditioned this specific requirement on the entitlement process for any project in the past because it would be considered as a private matter between the HOA and the developer. Ann Moore, Sr. Assistant City Attorney stated that although this is an interesting concept, the City has limitations with respect to such a condition, however, the developer would have far more latitude to fashion such a provision in their HOA documents and perhaps include it as a line item in their HOA budget. Commissioner Castaneda expressed concern that Mitigation No. 5.10-7 contained in the EIR does not allow for more public input when adjustments or changes are made to the 9,429 traffic capacity threshold. Ann Moore responded that the language would be clarified stating that the City Council would be involved in a more formal review process for any adjustments to the 9,429 cap which limits the issuance of building permits for new dwelling units. Commissioner Castaneda further stated that he shares Cmr. Thomas' concerns on the lack of control on affordability of the accessory units. He is also concerned with the existing regulations allowing the accessory unit to be detached which could potentially change the make-up of a single family residential neighborhood by increasing the density and creating a multi-family neighborhood. He asked if there could be a requirement that states that the secondary unit must be attached to the existing home, thereby increasing the likelihood of these units being occupied by a family members as opposed to it being detached. Rick Rosaler stated that the design regulations, as now written, allow a detached structure in the rear yard. Commissioner Thomas inquired about the new legislation, which requires developers to ensure water availability from water authorities. Ms. Moore responded that the new legislation requires Cities to place a condition on the Tentative Map requiring the developer to acquire proof of water availability from the local water authority and present it to the City. PUBLIC HEARING OPENED 8:05. Bob Pletcher McMillin Company, 2727 Hoover Avenue, National City stated that they have 6 units of affordable housing that needs to be satisfied and initially they had considered transferring the obligation to a future village and deal with it, as in most cases, within a large apartment unit. The GDP currently allows the accessory units, and the GDP and affordable housing policies encourage, at least, an attempt to come up with other _"_.____'____'0____'__ _..______________'___.__.____ Planning Commission Minutes - 8 - January 9, 2002 options to satisfy these requirements, however, this is not a final action because there would need to be an agreement and the City would need to be satisfied that the affordable housing requirements have been met. Mr. Pletcher addressed the comments made regarding the HOA collecting fees for the transponders. He indicated that SR-125 is a regional solution to a regional problem and to make a connection between an HOA and a regional requirement would not be advisable. In closing, Mr. Pletcher stated that this is a project that has been in the planning stages since 1998 and they, as well as staff, have worked diligently in designing a quality project. Village 6 is a logical extension of existing development programmed for Otay Ranch and it does utilize existing infrastructure that's already in place, particularly Olympic Parkway. This was a project that was envisioned to provide some of the funding and the commitment to construct Olympic Parkway, which is under construction. He, therefore, urged the Commission to approve the project. PUBLIC HEARING CLOSED 8:15. Commissioner McCann stated that he is not as skeptical about the use of SR-125 and believes it will relieve some of the surface street traffic going to Otay Mesa. MSC (Willett/O'Neill) (6-1-0-0) that the Planning Commission adopt: a. Resolution EIR 98-01 recommending the City Council certify that the final Second-TierEIR (EIR 98-01) for the Otay Ranch Village Six SPA Plan has been prepared in accordance with CEQA, and State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring Reporting Program with the following recommendation: That a clarification be made to Mitigation No. 5.10-7 stating that the any adjustments to the 9,429 cap would be considered by the City Council. Motion carried with Commissioner Thomas voting against the motion. MSC (Willett/O'Neill) (5-2-0-0) that the Planning Commission adopt: b. Resolution PCM 99-05 recommending that the City Council adopt a resolution approving the Village Six SPA Plan and other regulatory documents including the Village Design Plan, Public Facilities Financing Plan, Affordable Housing Program, Air Quality Improvement Plan, Water Conservation Plan, Non- Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan, and adopt an Ordinance approving Planned Community District __ ___.._.____.~___._"..u.,. ..__ -."...-----. .- ."-' ,.-.----_._--_..,-~_.---------_._.._._"'-_.._--- Planning Commission Minutes - 9 - January 9, 2002 Regulations in accordance with the findings and subject to the conditions contained therein, including the following Condition No. 51 contained in the SPA Conditions of Approval for Otay Ranch Village Six: "51. Due to the development standards established for the SPA Plan and accessory second units, accessory units are only allowed by Conditional Use Permit for specific models or units in Neighborhoods R-2a or R-2b (not to exceed a total of 100 units) and Neighborhood R-1 or R-3 (not to exceed a total of 100 units) which traffic impacts have been included in the EIR 98-01 analysis." Motion carried with Commissioners Castaneda and Thomas voting against the motion. ADJOURNMENT at 9:00 p.m. to the Planning Commission meeting of January 23,2002. ~~ - Diana Vargas, Secretary to ~ommission ----_._~---- .--.--,----------.--- - - -- ._-.._._..."-~----~..._'---- _._---~-_._---_.__.._-