HomeMy WebLinkAboutPlanning Commission Minutes 2002/10/09
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
Wednesday, October 9, 2002 276 Fourth Avenue, Chula Vista
ROLL CALLI MOTIONS TO EXCUSE:
Present: Hall, Madrid, Castaneda, Hom
Absent: O'Neill, Cortes, McCann
Staff Present: Jim Sandoval, Assistant Planning Director
John Schmitz, Principal Planner
Michael Walker, Associate Planner
Harold Phelps, Associate Planner
Luis Hernandez, Principal Planner
Ann Moore, Assistant City Attorney
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair O'Neill
ORAL COMMUNICATIONS: No public input.
1. PUBLIC HEARING: PCM 02-22; Precise Plan and a Planned Sign Program for a
6,600 sf satellite retail building in an existing in-line retail
shopping center, located at 1210 Broadway, southwest
corner of Oxford Street.
Staff recommends this public hearing be continued to the October 23, 2002 Planning
Commission meeting.
MSC (Hall/Hom) (4-0-2-0) that the Planning Commission continue public hearing
to October 23, 2002.
2. PUBLIC HEARING: PCC 02-84; Conditional Use Permit requesting four 10-foot
diameter satellite dish antennas and a 40-foot antenna tower to the existing Chula
Vista Cable facility.
Background: Michael Walker, Associate Planner reported that the property is zoned
R-3 and currently contains an apartment complex and the Chula Vista Cable facility,
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Planning Commission Minutes - 2 - October 9,2002
which consists of 10 satellite dishes, a 40 foot antenna tower and a 210 sf equipment
storage building. In 1987, the applicant applied on two different occasions for a use
permit to add 2 and 4 satellite dishes respectively. Between 1988 and 1991 the four
satellite dishes and 40 foot antenna tower were erected without permits, therefore, a
violation case was opened on May 2002, which requires the operator and property
owner to obtain appropriate permits to correct the violation.
Mr. Walker further stated that earlier today, staff received a petition from approximately
60 residents opposing "any and all expansions by the Chula Vista Cable Company".
Prior to this, staff did not receive any opposition written or by phone.
Staff Recommendation: That the Planning Commission recommend to the City
Council adoption of Resolution PCC 02-84 based on findings and conditions contained
therein.
Commission Discussion:
Commissioner Castaneda expressed concern with simply going through the motions
of approving the proposal in order to make it legal, and in some respect, settle for
what's there without conditioning the project as if it were a brand new CUP. Cmr.
Castaneda further stated that he would like to include a condition(s) that addresses
landscaping and its maintenance.
Commissioner Hom questioned why after fifteen years in operation, its not until now
that the City is requiring that permits be obtained. Furthermore, he asked how far-
reaching and what type of noticing was done because when he visited the site, to his
surprise, was approached by many concerned residents in the mobile home park
adjacent to the facility, and they said they were not aware of the proposal until Mr.
Molski, President of the mobilehome park informed them.
Mr. Sandoval responded that code enforcement staff is doing an excellent job in
covering a tremendous amount of work, with minimal staffing levels. The City's code
enforcement program is complaint-driven, which means that it does not become
involved until a complaint is filed; one was filed against this site in May ofthis year. It is
anticipated that as more staff is added to the program, it will become a proactive
program as opposed to a reactive program.
Mr. Sandoval further stated that notices were mail to the surrounding residents within a
300 foot radius from the site.
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Planning Commission Minutes - 3 - October 9, 2002
Public Hearing Opened 6:30.
Marty Altbaum, Managing General Partner of Chula Vista Cable, gave a brief
history of how Chula Vista Cable got started. He stated the dispute between him and
Mr. Molski, who in his opinion is the person who filed the complaint and rallied up the
residents to sign a petition in opposition, stems from a hedge shedding leaves on his
property.
Mr. Altbaum stated that the benefit and service his company provides to the community
and by offering his 15,000 subscribers a $10 savings and an alternative to Cox Cable is
to be taken into consideration. He has kept up with conversion requirements of
undergrounding utilities and laying piping in new development at great cost to his small
company, who is competing with a multi-million dollar cable company.
Mr. Altbaum further stated that the additional four dishes and tower were installed in
order to provide better quality reception to his subscribers and apologized for not going
through the proper channels to obtain permits through the City. He stated that he was
here to rectify an oversight, but felt that it would be unfair to place expensive conditions,
like fencing, on the CUP.
Steve Molski, 677 G Street #111, Chula Vista, stated that he did call Mr. Altbaum to
inform him of the problem with the hedge, but it was only after he had exhausted every
effort through his office by leaving messages that were never responded to. The
reason why he would request to have the hedge trimmed is because the leaves and the
mud filled the carports and gutters and they had to pay every year to clean them out.
Mr. Molski further stated that the aesthetics and hedge problems are secondary to the
main concern the area residents have, which is one of public safety. Mr. Molski then
played back a recording of a high-pitch shrieking sound coming from his radio. He
called SDG&E to have someone come check it out and was told that according to their
instrument reading, the interference was caused by emissions coming from the cable
facility and that he was going to have to report it to the FCC. Based on public safety
concerns, Mr. Molski urged the commission to deny the project.
Mr. Altbaum stated that he has always operated within FCC regulations, otherwise he
would not be able to operate his business. He denied there being any harmful
emissions and stated he has not received anything in writing or by phone from either
SDG&E or from the FCC regarding these allegations.
Public Hearing Closed 7:05.
Commissioner Hom stated that it was his understanding that Mr. Molski at some point
had stated he was amenable to having the dish closest to his property moved back 25
to 30 feet, which seems like a reasonable concession that most likely could be
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Planning Commission Minutes - 4 - October 9,2002
achieved. Furthermore, he is concerned with the alleged findings by the SDG&E
engineer and would like more information or verification that a report was filed with the
FCC and what the FCC is planning to do about it.
After consultation with his engineer, Mr. Altbaum stated that he is agreeable to move
back the southeast corner dish.
MSC (Castaneda/Hom) (4-0-3-0) that the Planning Commission recommend to the
City Council adoption of Resolution PCC 02-84 based on findings and conditions
contained therein, including the following additional recommendations:
· That the dish located on the southeast corner be relocated to an area of
sufficient distance away from the adjoining residential property as
determined by the Director of Planning and Building;
· That the applicant develop a landscaping and maintenance plan consisting
of existing and additional landscaping as recommended by the Director of
Planning and Building; and
· That verification be obtained indicating that the site is in compliance with
all Federal Communication Commission regulations.
Motion carried.
3. Public Hearing: PCM 03-05; Consideration and clarification of internal
inconsistencies within the adopted Sal Creek Ranch SPA
Plan, Design Guidelines and PC District Regulations.
Background: Luis Hernandez, Principal Planner reported that the proposal is to
develop a 0.87 acre private recreational facility within Neighborhood 8 at the east end
of the open space corridor extending from Duncan Ranch Road to North Compass
Circle Drive and a 0.85-acre similar facility in Neighborhood 1.
The open space corridor is within Neighborhood 8 of Rolling Hills Ranch, which is
designated Residential Single Family. Contrary to what is typically seen in land use
district maps, the open space corridor is covered by the residential land use
designation, therefore, all uses listed in this designation applies to the open space.
Staff concluded that the open space lot in Neighborhood 8 did not receive an
appropriate land use designation. Additionally, the SPA Plan identifies the open space
corridor as a visual and passive open space corridor. Due to the more active
component of the private recreational facility, in order to construct a swim complex,
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Planning Commission Minutes - 5 - October 9,2002
which the applicant is proposing, staff recommends that the applicant submit and obtain
approval for a SPA amendment requesting a land use designation change from SF-1 to
OS-2.
Staff concurs with the applicants desire to construct a recreational facility and endorses
its architectural design, amenities and overall landscaping concept plan. However, it is
important to adhere to adopted regulatory documents and overall urban design concept
prescribed in the Vision Plans and for this reason recommends that the Planning
Commission select one of the following actions:
1. The subject site is designated SF-1 , which allows the recreation facilities subject to
Zoning Administrator/Planning Commission approval. Thus, the Planning
Commission finds the project in substantial conformance with the SPA Plan urban
design intent and hereby approves the proposed recreational facility land use,
including grading subject to design related conditions; or
2. The SPA Plan intent is to preserve the views and passive open space amenities
envisioned in the adopted SPA and therefore concurs with staff that the existing
open space corridor should be considered as an OS-1 and therefore the proposed
land use/project is allowed only with approval of a SPA amendment to change the
land use designation from SF-1 to OS-2.
Dave Gatzke, McMillin Company, representing McMillins Rolling Hills Ranch stated
their two objectives are to develop these high quality amenities as soon as possible and
to continue the high level of design and amenities that the prior developer (Pacific Bay
Homes) had initiated at Rolling Hills Ranch.
Mr. Gatzke stated that in his opinion, the ambiguity was created as a result of incidental
language that was included in the SPA Plan that wasn't intended to exist.
The applicant is requesting that the Planning Commission finding be that the underlying
land use district for both sites is SF and requests that staff be directed to finalize its
administrative review of the two facilities. Furthermore, if the finding is that the areas
are an OS zone, that the designation be OS2, which allows the active recreational use.
Commissioner Madrid inquired from a legal standpoint what would be the best
approach to make these clarifications without setting precedence that might later be
reg retted.
Ann Moore, Sr. Assistant City Attorney responded that both alternatives are legal.
From a legal standpoint the safest alternative would be #2 (the SPA amendment),
which is the clearest, most conservative route. Conversely, alternative #1 is appropriate
if the finding is made that it is not in conflict with the SPA Plan. Furthermore, whichever
alternative is adopted, it would set a record that this is what is meant in this particular
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Planning Commission Minutes - 6 - October 9,2002
SPA for this project.
MSC (Castaneda/Hall) (4-0-3) that the Planning Commission recommends
adoption of alternative #1, which reads:
The subject site is designated SF-1, which allows the recreation facilities subject
to Zoning Administrator/Planning Commission approval. Thus, the Planning
Commission finds the project in substantial conformance with the SPA Plan
urban design intent and hereby approves the proposed recreational facility land
use, including grading subject to design related conditions. Motion carried.
4. PUBLIC HEARING: PCC 02-41; Conditional Use Permit proposal to allow
for either a 50-ft. mono-pine or a 35-ft. mono-palm
antenna structure with equipment enclosure at 1008
Industrial Boulevard.
Background: Mr. Phelps stated that Sprint PCS is proposing to install, operate and
maintain an unmanned cellular facility within the existing parking lot of the Toys R Us
property. The facility would consist of either a 50 ft. monopine or a 35 ft. monopalm
and a 450 sf equipment building, which would cover an area where reception is weak.
The aesthetic treatment includes two 30 ft. real pine trees surrounding a mono-pine tree
or two 20 ft. real palm tree surrounding a mono-palm. There will also be new
shrubbery to screen the equipment shelter.
Staff Recommendation: That the Planning Commission adopt Resolution PCC02-41
recommending that the City Council approve the Conditional Use Permit for either a 50
ft mono-pine or a 35 ft. mono-palm antenna structure with equipment enclosure.
Public Hearing Opened 7:45.
Grant Heitman, 9275 Skypark Ct., San Diego, the applicant's representative,
reviewed a map identifying the "coverage hole" their facility will cover, and he also
reviewed photo sims depicting the design of their latest state-of-the-art mono-pine /
mono-palm.
Mr. Heitman stated that there may not be other carriers coming to this location and
Sprint may be the last one, therefore, while he personally prefers the aesthetics of the
mono-palm, the mono-pine gives you the option of co-locating other carriers, however
it is a more massive structure.
Public Hearing closed 7:55.
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Planning Commission Minutes - 7 - October 9,2002
MSC (Hall/Hom) (4-0-3) that the Planning Commission adopt Resolution PCC 02-
41 recommending that the City Council approve the Conditional Use Permit for a
35 ft. mono-palm antenna structure with equipment enclosure at 1008 Industrial
Boulevard. Motion carried.
DIRECTOR'S REPORT:
COMMISSIONERS COMMENTS:
ADJOURNMENT at 8: 15 p.m. to the Planning Commission meeting of October 23, 2002.
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- Diana Vargas, Secretary to Planning Commission
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