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HomeMy WebLinkAbout2004-03-10 PC MINS MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, March 10,2004 276 Fourth Avenue, Chula Vista ROLL CALU MOTIONS TO EXCUSE: Present: Castaneda, O'Neill, Hall, Hom, Felber Absent: Madrid, Cortes Staff Present: Luis Hernandez, Deputy Planning Director John Schmitz, Principal Planner Ryan Goodness, Development Services Tech Dave Hanson, Deputy City Attorney I MSC (Hom/Hall) to excuse Commissioners Madrid and Cortes. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Castaneda APPROVAL OF MINUTES: February 11, 2004 February 25, 2004 March 3, 2004 Approval of minutes continued to March 24, 2004. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 03·51 ; Conditional Use Permit for an expansion of an existing beer and wine alcoholic beverage license to include the sale of distilled spirits for off-site use and consumption at 72 East "J" Street. Background: Ryan Goodness reported that the proposal is for a Conditional Use Permit to allow the Fair Market & Hollywood Pizza store to expand their existing beer and wine liquor license to include the sale of distilled spirits for off-site consumption. The project is located in a very small neighborhood shopping center and is surrounded by Fire Station #52 to the east, Hilltop Middle School to the west, CVESD administrative offices to the south and single-family detached residences across the Planning Commission Minutes - 2 - March 10, 2004 street to the north. Mr. Goodness further stated that the major consideration for the determination ofthe Conditional Use Permit is its close proximity to Hilltop Middle School and how the student population patrons the site and uses it as a social gathering location as well. The applicant's existing license has been transferred twelve times with changes in ownership since 1963, and the applicant has held his current license since November 25, 2002. It should be noted that the permit's lineage extends back to 1945. On January 31, 2003, staff sent correspondence to the ABC informing them that the City requires a Conditional Use Permit when an existing license in CN Zone is being upgraded. Because Mr. Razuki currently does not have a CUP, the ABC put his application on hold pending the City's approval. Public hearing notices were mail and staff was notified that area residents were concerned about the expansion and they notified the Sweetwater Union High School District. The project was originally scheduled to be heard by the Planning Commission on December 10, however, staff requested a continuance to January 21, 2004 where the public hearing was opened and public testimony was heard. The hearing was again continued to February 25th during which more public testimony was received and the public hearing was continued to March 10, 2004. All public testimony from concerned citizens, young adults, and youth advocated oppose the project. Furthermore, according to the City's Police Department, distilled spirits are abused more than beer and wine and its consumption is significantly related to an area's crime rate. In conclusion, it is staff's opinion that the sale of distilled spirits less than 200 feet from a middle school in a residential neighborhood creates undesirable impacts that significantly affects the public's health, safety and general welfare. Staff Recommendation: That the Planning Commission deny the Conditional Use Permit PCC 03-51. Public Hearing Opened 6:20. Martin Hibsch representing the applicant, stated he is a retired ABC Supervisor and is now doing consulting work. He expressed concern with comments contained in staff's report, specifically, the Police Department's comments, which in his opinion lack statistical backing to substantiate them. Additionally, according to ABC records, there are no sale to minor infractions or any other type of infraction associated with Planning Commission Minutes - 3 - March 10, 2004 this facility. Cmr. O'Neill stated there is a distinction in the sizes that a grocery store like Albertson's sells; the larger quantities like fifths, quarts and above, as oppose to pint sizes that liquor stores sell. Mr. Hibsch stated that is a condition that his client would consider, however, the ABC would be the agency to impose such a condition and at this time it would be premature to discuss it because the City has not yet rendered its decision, and their application with ABC is on hold. Eddie Herrera Jr., and Christian Longo representing the Youth Advisory Commission stated that this proposal impacts the youth of the surrounding area and Hilltop Middle School. Mr. Herrera indicated that the testimony from his sibling, who attends this school, and his peers say that there already is alcohol consumption by minors and this facility is an indirect way for them to access it. He urged the Commission to deny the proposal. Michael Gomez, 44 E. J St., Chula Vista, CA stated that he coordinates an after school program called Club Teen Connection. Mr. Gomez stated he opposes the proposal because he believes alcohol lures our impressionable youth to experiment with it, and can lead to poor academic achievement, personal injury, unfocused and destructive behavior. He urged the Commission to deny the project. Public Hearing Closed 6:30. In order to grant the CUP, the Commission is charged with finding that the proposal is necessary and desirable, that it will contribute to the general well-being of the community, and that it would not be detrimental to the health, safety and welfare of those residing and working in the vicinity. The Commission heard testimony to the contrary and based on their evaluation of the proposal, their collective decision was not to support the proposal. MSC (Hall/Felber) (5-0-2-0) that the Planning Commission deny the Conditional Use Permit PCC 03-51. Motion carried. 2. PUBLIC HEARING: PCA 04-02; Zoning Ordinance Amendment proposal to amend the Chula Vista Municipal Code to regulate certified farmer's markets and ambulance services. Background: John Schmitz stated that although the City will be conducting a comprehensive update of the Zoning Ordinance after the completion of the General Planning Commission Minutes - 4 - March 10,2004 Plan Update, tonight's amendment is first in a series of zoning ordinance amendments to address small-scale immediate problems that do not need to wait until the comprehensive update of the zoning ordinance. The first amendment consideration is dealing with providing regulations for certified farmers' markets and the second is dealing with the establishment of small-scale ambulance dispatch/staging operations to serve the City. Concerning the farmers' market, currently there are no specific regulations for them in the ordinance. Staff believes that certified farmers' markets are well-regulated by both the State and County Agriculture Departments and should be allowed. Since these types of markets typically operate only one day per week and for a limited amount of time, staff believes they can be regulated as unclassified uses and located in any zone under the proposed standards. The proposed ordinance amendment was prompted in part by an inquiry from an individual who wishes to negotiate with Southwestern College for an agreement to open a market in the college parking lot when classes are not in session. The Commission needs to make a determination whether the City should allow certified farmers' markets as unclassified uses throughout the City. If so, should the permits be approved by the Planning Commission rather than the City Council, and if allowed, are the proposed requirements adequate to minimize the impact of a market on surrounding uses on all potential zones. Concerning the ambulance service, the ordinance currently recognizes them as unclassified uses, but limits them to hospitals if located within residential zones. Similarly, the Commission needs to make a determination; should the small-scale ambulance dispatching and staging operations continue to be allowed as unclassified uses, but without the mandatory association with the hospital in residential zones. If so, should they be approved by the Planning Commission, rather than the City Council. If allowed, are the proposed requirements adequate to minimize the impact on the surrounding uses. Staff Recommendation: That the Planning Commission recommends to the City Council adoption of the ordinance amending Section 19.58.020 and adding Sections 19.58.148 and 19.58.245 to the Chula Vista Municipal Code to allow certified farmers' markets and small-scale ambulance dispatch services. Commission Discussion: Cmr. Felber inquired ifthere could be a condition requiring the ambulance service not to turn on their sirens until they are out of the neighborhood. Mr. Schmitz responded that these types of conditions would be best addressed on a Planning Commission Minutes - 5 - March 10,2004 case-by-case basis through the Conditional Use Permit process, rather than bogging down the ordinance specifying detailed conditions. Cmr. Castaneda stated that he recognizes that farmers' markets bring value to a community by drawing people to a destination that will also vitalize surrounding businesses, like our downtown area, however, in his opinion, serious thought needs to be given as to where these uses will be allowed. He expressed concern with farmers' markets popping up indiscriminately everywhere, i.e. on school properties or church parking lots. Mr. Schmitz stated that he did not believe there would be an over-saturation of farmers' markets because they are self-regulated in that there are strict requirements requiring the majority of the sales to come from "certified" farmers. Cmr. Hom inquired how often the prospective applicant proposes to have his operation at Southwestern College. David Larson, stated that it would be once a week on Saturday mornings for approximately 3 to 4 hours. Mr. Larson further stated that he concurs with Mr. Schmitz's statement regarding self-regulation because the availability of legitimate certified farmers is very limited. With regard to the ambulance services, Mr. Hernandez stated that the nature of the land use is simple and approval can be given as long as it meets certain criteria. He further stated in an effort to streamline the process, would the Commission be agreeable to allow this type of land use to be considered and approved by the Zoning Administrator. Cmr. Castaneda stated that he would concur with staff's recommendation to allow this use to be administrative approved by the Zoning Administrator, however, he would recommend that it be appealab1e to the Planning Commission. Cmr. O'Neill stated that although he somewhat shares Cmr. Castaneda's comments regarding the over-proliferation of farmers' markets, he believes that the regulations would preclude this from occurring, and the greater good that these uses bring to a community override concerns he may have had. Cmr. O'Neill further stated that he has greater reservation regarding the ambulance service because although the CUP may be conditioned to not turn on sirens in residential street; it is difficult to enforce compliance. The public noticing for this use is very important and the residents may have the last say. Mr. Schmitz stated that unlike the farmers' market, the ambulance service is under contract, therefore, not only do we have the CUP regulations, but we also have more Planning Commission Minutes - 6 . March 10,2004 leverage with compliance through the contractual agreement with the City. Doug Perry, Fire Chief stated that the construction offuture fire houses call for them to be large enough to house paramedic services. Until such time, there is a need to contract for these services in remote locations throughout the City in order to maintain the proper response time and provide the level of service in areas where the call volumes reflect their need. Chief Perry stated that the public / private partnership that they have with AMR is the standard that most jurisdictions try to achieve; we are able to provide a very good ALS and BLS service to the community at no cost to the City. MSC (O'Neill/Felber) (5-0-2-0) that the Planning Commission recommends to the City Council adoption of the ordinance amending Section 19.58.020 and adding Sections 19.58.148 and 19.58.245 to the Chula Vista Municipal Code to allow certified farmers' markets and small-scale ambulance dispatch services with the recommendation that ambulance services be approved by the Zoning Administrator. Motion carried. DIRECTOR'S REPORT: Mr. Hernandez reported that staff is working on putting together a series workshops; topics being: · Alcoholic beverage sales · Western Chula Vista project · Code Enforcement Program update Cmr. Castaneda also suggested an update on the strategic plan for dealing with some of the issues in the west and the other is an update on the revitalization program along Broadway. COMMISSIONERS COMMENTS: Cmr. O'Neill reported on a complaint call he made to Code Enforcement regarding an illegal garage conversion. He stated he received what appeared to be a generic letter stating that they had sent a letter to the property owner and that he (Mr. O'Neill) should contact them in 30 days if things don't change. Cmr. O'Neill indicated although he is not be aware of other enforcement measures the department uses in dealing with these complaints, he stated that if a letter is all that was sent to the property owner, in his opinion, this is not enough and a more aggressive-type of intervention would be needed. ADJOURNMENT at 7:00 p.m. to the Planning Commission meeting of March 24, 2004. Planning Commission Minutes . 7 - March 10,2004 _ Diana Vargas, secretaryto~Commission