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Home My WebLink AboutRDA Packet 1997/09/16 ~.,'"r" ",e' \ ,,'" "er -e"-\'" .' " "'0 ,e4 "1 declare un .-n" thot \ pas emêlO '0" 'J" : d' 1\ u',e co;"C,'Jflt'CO , ,,',':',IOfl tl,',GIe. ,-" ,..,~' Tuesday, September 16, 1997 pub\.C ~ '., . . Council Chambers 6:00 p,m, . C! 'l- '1 5.",,£0 Public Services Building (immediately following the City Council meJM\JE. Regular Meeting of the RedeveloDment Agencv of the Citv of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency Members Moot -' Padilla -' Rindone -' Salas -' aDd Chair Horton - 2. APPROVAL OF MINUTES: August 19, 1997 ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 3. PUBLIC HEARING: TO CONSIDER GRANTING CALIFORNIA MULTI-MODAL, INC. AND H.G. FENTON MATERIAL COMPANY A SPECIAL USE PERMIT, SUPS-96-06, TO CONTINUE OPERATING A TEMPORARY TRUCK TERMINAL/TRAILER STORAGE YARD AT 2451 FAIVRE STREET FOR A PERIOD OF TWO YEARS-- The parcel is located in the Montgomery Community located in the Southwest Redevelopment area. The Environmental Review Coordinator has reviewed the project aDd has issued a Mitigated Negative Declaration. Staff recommends approval of the resolution. (Community Development Director) RESOLUTION 1556 ADOPTING MlTIGA TED NEGATIVE DECLARATION IS-96-08, MAKING CERTAIN FINDINGS AND APPROVING A SPECIAL USE PERMIT, SUPS-96-06, FOR THE OPERATION OF A TRUCK TERMINAL/TRAILER STORAGE YARD AT 2451 FAIVRE STREET FOR A PERIOD OF TWO YEARS Agenda -2- September 16, 1997 OTHER BUSINESS 4, DIRECTOR'S REPORT(S) 5, CHAIR'S REPORTfS) 6. AGENCY MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to a closed session aDd thence to the Regular Redevelopment Agency Meeting on October 7, 1997 at 4:00 p.m,. immediately following the City Council meeting, in the City Council Chambers. ******.... CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the City. The Agency is required by law to return to open session, issue any reports of Ji!Y!1 action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's return from closed session, reports of Ji!Y!1 action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office, 7. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existine LitieationPnrsuant to Government Code Section 54956.9 . Travis A. Reneau. et al. v, the Redevelopment Agency of the City of Chula Vista, et al. [M: \HOME\COMMDEV\AGENDAS\O9-16-97 .RDA] MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, August 19, 1997 Council Chambers 6:40 p.m, Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agencymembers: Moot, Padilla, Rindone, Salas, and Chair Horton ABSENT: Agencymembers: None ALSO PRESENT: Execulive Director, John D. Goss; Legal Counsel, John M. Kaheny; and City Clerk, Beverly A. Authelet 2. APPROVAL OF MINUTES: August 5, 1997 (joint Redevelopment Agency/City Council/Housing Authority/Industrial Development Authority/Public Financing Authority) MSUC (Rindone/Padilla) to approve the August 5, 1997 minutes. ORAL COMMUNICATIONS There were none, PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3, PUBLIC HEARING: REVIEW OF BAYFRONT REDEVELOPMENT PLAN AND IMPLEMENTATION PLAN AND PROPOSED AMENDMENT TO THE IMPLEMENTATION PLAN - On 12/13/94, in accordance with changes in Conununity Redevelopment Law, the Agency approved a Five-Year Implementation Plan for the BaytÌ'ont Redevelopment Project Area, Community Redevelopment Law requires the Agency to hold a mid-term public hearing to hear testimony from interested parties and assess the plan's effectiveness. Staff recommends approval of the resolution. (Community Development Director) RESOLUTION 1551 APPROVING THE MID-TERM REPORT FOR THE FIVE-VEAR IMPLEMENTATION PLAN FOR THE BAYFRONT REDEVELOPMENT PROJECT AREA PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW AND AMENDING THE IMPLEMENTATION PLAN BY ADDING TWO PROJECTS Fred Kassman, Redevelopment Coordinator, stated that the implementation plan before Council identifies the projects named in 1994 which the Agency proposed to carry out to eliminate blighting intluences in the project areas. The mid-term report identifies the progress which has been made in carrying out those projects, and the additional progress which they hope to make in the next 2 1/2 years. For three of the redevelopment project areas, the interim report also proposes to add additional pr~jects which the redevelopment law allows us to do subsequent to holding a public hearing and public notificalion which we have done in conjunction with this hearing. Being proposed in the Bayfront is an amendment to the implementation plan by adding the Tidelands area to the Bayfront Redevelopment Pr~ject Area and also the extension of "H" Street. In Town Centre I, staff is proposing to amend the redevelopment plan to add additional time to the project area which is set to expire in 200 I. Staff is also proposing to add the Leader building as a project to work on in the next 2 1/2 years and to carry out a market analysis and cluster developmenl analysis for the downtown businesses, In Town Centre II, staff is proposing to add the Scripps Hospital expansion as a project that will be carried out in the next 2 1/2 years, The progress we have made on the housing program in the last 2 1/2 years is included in the report. It is a city-wide program and is the same response in each of the implementation plans. ol. -I Minutes August 19, 1997 Page 2 This being the time and place as advertised, the public hearing was opened. There being no one indicating a desire to address the Agency, the public hearing was closed. Member Rindone stated that on page 3-2, it indicates that atìer one year, the negotiation and ownership of the property changed. The ownership of the property has never changed; it has always been the same owner, but we had a situation where an owner became active. Chris Salomone, Community Development Director, stated that was correct. The perception was that there was an ownership change, but there wasn't. Member Rindone stated that on the top of page 3-3, it states that adding the Tidelands under the Port jurisdiction could delay approval of any new site projects, What safeguards do we have in place to prevent the Port from delaying any new future project. We realize that they have land use designation and final say on that. He wanted to be sure that there would not be any of our land use authority for the rest of the mid-bayfront and other areas that would be subject to any Port approval consideration. Glen Googins, Deputy City Attorney, replied that the addition of the Tidelands to the redevelopment project area should not have the impact of allowing Port control or jurisdiction into the rest of the Tideland beyond whatever kind of advisory or other capacity that they may already possess in those areas. Member Rindone noted that $100,000 to maintain staff activity when there was no project or anything anticipated in the near future seems to be a relatively high figure. He was not sure how this was estimated, Mr. Kassman responded that the $100,000 is only if we are anticipating negotiations to begin again with the development group or developer for this area. If we are sitting down at the table and working on a disposition development agreement, lhere will be a lot of staff time and perhaps consulting expenses involved. At this time, it is not anticipated in the near future, but it could happen during the 2 1/2 year period. Member Rindone asked if it was staft's understanding that the direction from Council was that they were going to immediately proceed in working to extend "H" Street; and that once that was in place, it might have a positive benefit for the entire project. The report did not address the sequencing, but he felt this was what Council talked about in January during a Council workshop. Mr. Salomone replied that this was understood. We were in the process of that joint planning effort with Rohr and the Port. That will be one of the first items whicb we will deal with. RESOLUTION 1551 OFFERED BY CHAIR HORTON, heading read, text waived, passed and approved unanimously 5-0. 4. PUBLIC HEARING: REVIEW OF OTAY VALLEY ROAD REDEVELOPMENT PLAN AND IMPLEMENTATION PLAN AND PROPOSED AMENDMENT TO THE IMPLEMENTATION PLAN - On 12/13/94, in accordance with changes in Community Redevelopment Law, the Agency approved a Five-Year Implementation Plan for the Otay Valley Road Redevelopment Project Area. Community Redevelopment Law requires the Agency to hold a mid-tenn public hearing to hear testimony from interested parties and assess the plan's effectiveness, Staff recommends approval of the resolution. (Community Development Director) RESOLUTION 1552 APPROVING THE MID-TERM REPORT FOR THE FIVE-YEAR IMPLEMENTATION PLAN FOR THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW This being the time and place as advertised, the public hearing was opened. There being no one indicating a desire to address the Agency, the public hearing was closed. 01-.;1. - . Minutes August 19, 1997 Page 3 RESOLUTION 1552 OFFERED BY MEMBER RINDONE, heading read, text waived, passed and approved unanimously 5-0. 5, PUBLIC HEARING: REVIEW OF SOUTHWEST REDEVELOPMENT PLAN AND IMPLEMENTATION PLAN AND PROPOSED AMENDMENT TO THE IMPLEMENTATION PLAN--On 121J3/94, in accordance with changes in Community Redevelopment Law, the Agency approved a Five-Year Implementation Plan for the Southwest Redevelopment Project Area. Community Redevelopment Law reqnires the Agency to hold a mid-term public hearing to hear testimony from interested parties and assess the plan's effectiveness, Staff recommends approval of the resolution. (Community Development Director) RESOLUTION 1553 APPROVING THE MID-TERM REPORT FOR THE FIVE-YEAR IMPLEMENT A TION PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW This being the time and place as advertised, the public hearing was declared open. There being no one indicating a desire to address the Agency, the public hearing was closed. Member Rindone, referencing page 5-6, proJect No.6, asked what was staff planning to study in this area. Miguel Tapia. Community Development Specialist ll, stated that this area is currently designated as a special study area. It is still being ruled by the County zoning designations. What staff is proposing to do is to restudy the area and develop the appropriate zoning designations, The area is currently characterized by a mix of incompatible uses, i.e. residential uses next to industrial uses, and the purpose of the study would he to develop a specific zoning plan for that. Member Rindone stated that over $1 million is allotted for staff preparing reports for this area, He stated that if you take $1 million and put it into some structures and some infrastructure, it would make a difference instead of so many staff reports. He hoped we would keep the staff reports to a minimum and put the dollars into the projects. RESOLUTION 1553 OFFERED BY MEMBER RINDONE, heading read, text waived, passed and approved unanimously 5-0. 6. PUBLIC HEARING: REVIEW OF TOWN CENTRE I REDEVELOPMENT PLAN AND IMPLEMENTATION PLAN AND PROPOSED AMENDMENT TO THE IMPLEMENTATION PLAN--On 121J3/94, in accordance with changes in Community Redevelopment Law, the Agency approved a Five-Year Implementation Plan for the Town Centre 1 Redevelopment Project Area. Community Redevelopment Law requires the Agency to hold a mid-term public hearing to hear testimony from interested parties and assess the plan's effectiveness, Staff recommends approval of the resolution, (Community Development Director) RESOLUTION 1554 APPROVING THE MID-TERM REPORT FOR THE FIVE-YEAR IMPLEMENTATION PLAN FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW AND AMENDING THE IMPLEMENTATION PLAN BY ADDING THREE PROJECTS This being the time and place as advertised, the puhlic hearing was opened. There being no one indicating a desire to address the Agency, the public hearing was closed, Member Rindone asked if staff could present a status report on the Leader building. This is a major concern on the northern part of lhe downtown business area, Mr. Kassman stated lhat at this time the owners have agreed to try to do something with the building. Slaff has had a verbal agreement with them to try to advertise the huilding to induce some redevelopment proposals. We have 02-.J - - ,- Minutes August 19, 1997 Page 4 also had discussions concerning the possibility of providing funding to remove code violations which is estimaled at about $50,000. Hopefully, within the next month or so, we will he going out talking to local real estate brokers and perhaps issuing an RFP for development proposals for the building in hopes that something realistic will come up that will both suit the needs of the City and the needs of the owner. RESOLUTION 1554 OFFERED BY MEMBER RINDONE, headin~ read, text waived, passed and approved unanimously 5-0. 7. PUBLIC HEARING: REVIEW OF TOWN CENTRE II REDEVELOPMENT PLAN AND IMPLEMENTATION PLAN AND PROPOSED AMENDMENT TO THE IMPLEMENTATION PLAN - On 12/13/94, in accordance with changes in Community Redevelopment Law, the Agency approved a Five-Year Implementation Plan for the Town Centre II Redevelopment Project Area. Community Redevelopment Law requires the Agency to hold a mid-term public hearing to hear testimony from interested parties and assess the plan's effectiveness. Staff recommends approval of the resolution. (Community Development Director) RESOLUTION 1555 APPROVING THE MID-TERM REPORT FOR THE FlVE-VEAR IMPLEMENTATION PLAN FOR THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW AND AMENDING THE IMPLEMENTATION PLAN BY ADDING A PROJECT This being the time and place as advertised, the public hearing was declarod open. There being no one indicating a desire to address the Agency, the public hearing was closed. RESOLUTION 1555 OFFERED BY CHAIR HORTON, headin~ read, text waived, passed and approved unanimously 5-0. OTHER BUSINESS 8. DIRECTOR'S REPORT(S) - none. 9. CHAIR'S REPORTfS) - none 10, AGENCY MEMBER COMMENTS - none. ADJOURNMENT The meeting adjourned at 7;03 p,m. Rospectfully suhmitted, Beverly A. Authelet, CMC/AAE City Clerk ~-V REDEVELOPMENT AGENCY AGENDA STATEMENT Item~ Meeting Date 09/16/97 ITEM TITLE: PUBLIC HEARING: TO CONSIDER GRANTING CALIFORNIA MUL TI,MODAL INC, AND H.G, FENTON MATERIAL COMPANY A SPECIAL USE PERMIT, SUPS,96,06, TO CONTINUE OPERATING A TEMPORARY TRUCK TERMINAL/TRAILER STORAGE YARD AT 2451 FAIVRE STREET FOR A PERIOD OF TWO YEARS RESOLUTION ¡SSe. ADOPTING MITIGATED NEGATIVE DECLARATION IS.96,OB, MAKING CERTAIN FINDINGS AND APPROVING A SPECIAL USE PERMIT, SUPS,96,06, FOR THE OPERATION OF A TRUCK TERMINAL/TRAilER STORAGE YARD AT 2451 FAIVRE STREET FOR A PERIOD OF TWO YEARS SUBMITTED BY: C-"";Iy D~.I"pmool t"t Acting Director of Planning REVIEWED BY: ,'OC"u.. m'"'"J:¡ ~ ~~ (4/5ths Vote: Yes- NoX) BACKGROUND: The Applicants, H.G. Fenton (Owner) and California Multimodal, Inc, (Operator) are requesting permission to continue operating a truck terminal/trailer storage yard at the property located at 2451 Faivre Street, located at the west end and on the south side of Faivre Street for an additional two,year period. This use was originally approved on July 11, 1990 and conditioned to operate under Conditional Use Permit PCC,90,02, The Project received an extension on August 13, 1993 to operate until July 1995, The subject parcel is 9.64 acres in size; however, the proposal is to use only the northerly 3.0 acres (Attachment 1 Locator Map and site plan). California Multi,Modal, Inc. operates on the property immediately to the west and will continue using this property for storage of truck trailers. The subject parcel is located in the Montgomery Community and is part of the Southwest Redevelopment Area ¡SRA), under the jurisdiction of the Redevelopment Agency. The Environmental Review Coordinator reviewed the proposed project and issued a Mitigated Negative Declaration for IS,96,OB on August 14, 1997, ¡See Attachment 2 for the Mitigated Negative Declaration for IS,96,OB. The complete packet for this document is available at the City Clerk's Office), RECOMMENDA TION: That the Redevelopment Agency approve the resolution adopting the Mitigated Negative Declaration IS,96,OB, making certain findings, and conditionally approving Special Use Permit SUPS,96, 06 for the continued operation of a truck terminal/trailer storage yard at 2451 Faivre Street for a period of two years. ~-I - - Page 2, Item ~ Meeting Date 09116/97 BOARDS/COMMISSIONS RECOMMENDATION: 1. On August 11, 1997 the Resource Conservation Commission considered the Mitigated Negative Declaration for IS,96,08 but could not obtain a vote to recommend either denial or approval. However, they did make other recommendations as outlined in Attachment 3. The staff response to the RCC's recommendations is also attached thereto. 2. On August 13, 1997, the Planning Commission voted 6,0,1 recommending that the Redevelopment Agency adopt Mitigated Negative Declaration IS-96,08 with modifications, make certain findings and conditionally approve Special Use Permit SUPS,96.06 (Attachment 4). subject to the conditions listed in the resolution. DISCUSSION: Site Characteristics/Existina Uses: The 9.64 acre site is located on the south side of Faivre Street at Jacqua Street and within the 100 year floodplain. The southerly 6.64 acres are located within the floodway and are considered a wetland area. The northerly 3.0 acres of subject property has been used since mid,1990 as a truck terminal/storage yard by California Multi,Modal, Inc. (CMI). A small modular structure exists near the northwest corner of the parcel near the exit from the storage yard. CMI has its offices, warehousing, employee parking, as well as additional trailer storage on the parcel immediately to the west. To the north across Faivre Street is a mini storage facility. Other land uses on the north side of Faivre Street include auto repair and residential. General Plan. Zonina and Current Land Use: GENERAL PLAN ZONING CURRENT LAND USE Site: Whitelands* IL,P Truck terminal/storage yard North: R & II (SSA)** M.54*** Residential, auto repair South: Whitelands IL,P Otay River East: Whitelands IL,P Vehicle impound yard West: Whitelands IL,P Truck terminal/storage yard * The "Whitelands" is a special comprehensive study area running the approximate length of the Otay River Valley between 1,5 and 1,805 in the Montgomery Specific Plan Area. It is contained within the Otay River's flood plain. ** Research & limited Industrial (Special Study Area) *** M,54 is the original County of San Diego zoning for this area. It will be changed once the special study is completed. .¿-~ - . Page 3, Item ~ Meeting Date 09/16/97 ProDosal: The Applicants are requesting permission to continue the use of the parcel for an additional two year period as it has been used since mid,1990 as a truck terminal/trailer storage yard. The plan provides space to accommodate approximately 134 20.foot long trailers and about 94 40,foot long trailers on the northerly 3.0 acres of the 9.64 acre site. A modular structure is located along the western property line and functions as a guard building. No permanent structures were requested by the Applicants nor were any approved under PCC,90-02, nor are any requested as part of this permit. It should be noted, however, that one of the conditions of approval under PCC,90,02 required the construction of curb, gutter and sidewalk. These specific improvements were deferred in December 1993 for three years to December 1996. The deferral. which was initially given for a period of time that the previous CUP was in effect as a "temporary use," has expired, and the Applicants have been informed that the improvements need to be installed. Because the Main Street Capital Improvement Project (MSCIP) will require construction of a storm drain in the area affected by the improvements, it would be more efficient if the City storm drain project and the private street improvement project could be coordinated. Due to the location of other utilities in the street, the storm drain is proposed to be constructed nearly under the proposed curb and gutter. Therefore, if a cooperative project cannot be worked out, staff would require that the previously deferred improvements be constructed as soon as possible after the storm drain improvements are completed. The proposed activities at the site include the transportation of various items to and from the site from Mexico, Long Beach, throughout the United States and from overseas. Hazardous and toxic cargos are specifically prohibited from being transported to the Project site. The requested hours of operation are 6:00 a.m. to 10:00 p.m. Monday through Sunday. The previous approval was from 6:00 a.m. to 10:00 p.m. Monday through Saturday, and 8:00 a.m. to 6:00 p.m. on Sunday. In light of the existence of a residential area long Jacqua Street, staff is recommending that the originally approved hours of operations be maintained. Analvsis: The site is designated "Whitelands" in the Montgomery Specific Plan (MSP), which is a "special comprehensive study" area. The site is also part of the Otay River Valley Regional Park. Because the area is located within the MSP's Whitelands Study Area, the Southwest Redevelopment Project Area (SRA) and the Regional Park, staff has recommended that the use be limited to a maximum of two years. This concurs with the applicant's request for a two,year extension. This will allow the property owner, H.G. Fenton, to use the parcel on an interim basis until such time as land use studies are complete. The following are issues associated with the proposal. Wetland area - Approximately two thirds of the southern portion of the Project Site is located in a wetland area. Part of this area was disturbed and filled in by the Operator about two years ago. Restoration of that area is proceeding on schedule. To avoid siltation of this wetland area from operation of the use on the site, conditions of approval for the project include construction and maintenance of a silt fence on the ...3 - .3 - - Page 4. Item ~ Meeting Date 09116/97 southern boundary of the storage area. Implementation of this mitigation will reduce the risk of excessive siltation of the wetlands to a less than significant level. Dust control, The Air Pollution Control District (APCD) cited CMI for causing excessive air pollution, based on complaints from local residents and businesses and after APCD inspectors observed the generation of excessive dust by trucks departing from CM!. CMI complied with APCD's requirement that they address the dust issue by developing a dust control program. CMI's dust control included sweeping of Faivre Street and applying a dust control substance as needed to the driving surfaces and the Project's Faivre Street front. Because of the citation by APCD it was determined by the Environmental Review Coordinator that the issue of dust must be addressed because of its environmental impacts and because it is a Municipal Code violation to generate such quantities of dust (Section 19.66.140 of the Zoning Ordinance). The APCD citation was empirical proof of the breadth of the dust problem because it was based on observable violations. Consequently, the preparation of an addendum was no longer considered adequate and the Mitigated Negative Declaration for Initial Study IS,96,08 was prepared. Several of the mitigation measures in Mitigated Negative Declaration for IS,96,08 (MND). which are also conditions of approval in the Resolution of Approval. address dust control in order to assure that it will be reduced to a level below significant. Mud tracking. Related to dust generation is the tracking of mud onto Faivre Street by trucks departing the CMI complex. When the ground on the Project parcel is wet, trucks and trailers tend to track the mud onto Faivre Street. After this mud dries, vehicles drive over it and turn it into dust. Generation of dust is a violation of the Municipal Code (Sections 12.12.080, 12.12.110, et. seq.). Therefore, the ApplicantlOperator must ensure that mud is not tracked onto Faivre Street. Inspection by the Mitigation Monitoring Coordinator (MMC) , To ensure compliance with the mitigation measures, the MMC. who will be retained through a third party agreement, will inspect the Project Site and its vicinity every other week for the first nine months of the two year term of this special use permit. Thereafter, the MMC will inspect monthly. Any violations of the mitigation measures will be reported to the Applicant/Operator and various City department directors and allow reasonable time for compliance. If, after the reasonable time, compliance has not been achieved, the MMC will again notify the City department directors for possible Code Enforcement action. Trucks stacking on Faivre Street. At its original public hearing on this Project on September 9, 1996 (see Attachment 5 for minutes). area residents and business owners complained of the stacking of trucks on Faivre Street. A video tape was submitted showing a number of trucks stacking on Faivre Street waiting to enter the CMI facility. To ensure that this does not continue to occur, the Project is conditioned such that CMI will add staff to the entrance gate in order to expedite the check-in of arriving trucks. ..3-c/ - ' Page 5. Item .3 Meeting Date 09116/97 Conclusion: Staff has concluded that the use of the Project Site as a temporary truck terminal/trailer storage yard for the additional period of two (2) years, as requested by the Applicants, is appropriate because its impacts are adequately conditioned or mitigated; and because it is an interim land use that can occupy the Project Site until such time as appropriate land uses can be identified for this area, FISCAL IMPACT: All staff time associated with the processing of this Project is being paid by the Project Applicants. ATTACHMENTS 1. locators, Site Plans, etc. 2. Mitigated Negative Declaration IS-96,06. 3. Resource Conservation Commission Recommendations from their 8/11/97 Meeting. 4. Planning Commission Minutes from their 8/13/97 Meeting. 5. Planning Commission Minutes from their 9/11/96 Meeting. 6. Disclosure Statement. (MMI H:IHOMEICOMMDEVISTAFF.RE~09.1~9719606A.113 (September 10. 1997 IS:35emll ..3-S' - . b U-C"'-L)~ RESOLUTION NO. 1556 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION ISSUED ON IS-96-08 AND APPROVING A SPECIAL USE PERMIT FOR A TRUCK TERMINAL/TRAILER STORAGE YARD AT 2451 FAIVRE STREET I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as 2451 Faivre Street (APN 622.1 90-15) ("Project Site"); and, B. Project Applicant WHEREAS. a duly verified application for a special use permit was filed with the City of Chula Vista Planning Department on July 10, 1 995 by Mr, Allen M. Jones on behalf of H,G, Fenton Material Company and California Multi-Modal, Inc. ("Applicants"); and C. Project Description; Application for Special Use Permit WHEREAS, said application requested approval of a special use permit to continue the use of the Project Site as a temporary truck terminal/trailer storage yard ("Project") in the IL-P Zoning District at Project Site; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on September 11, 1996 and, after taking testimony from those present, continued said public hearing, On July 23, 1997, the Planning Commission reopened said public hearing, took public testimony and thereafter continued the public hearing to August 13, 1997. On August 13, 1997, the Planning Commission reopened the public hearing, took public testimony and thereafter closed said public hearing. The Planning Commission then voted 6-0-1 recommending that the Redevelopment Agency approve the Project in accordance with Planning Commission Resolution No. SUPS-96-06; and E. Notice of Public Hearing WHEREAS, the Redevelopment Agency set the time and place for a hearing on said special use permit application and notice of said hearing. together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and .3 tv - . F. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely September 16, 1997 at 6;00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and resolve as follows; II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on September 11, 1996, July 23, 1997 and August 13, 1997 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY hereby approves Special Use Permit SUPS-96-06 based on the following findings and all other reports, evidence and testimony presented with respect to the proposed use. III. CERTIFICATION OF COMPLIANCE WITH CEOA The Redevelopment Agency hereby approves Mitigated Negative Declaration IS-96-08. IV. SPECIAL USE PERMIT FINDINGS The following findings are required by the Southwest Redevelopment Plan which governs the issuance of special use permits. The Redevelopment Agency of the City of Chula Vista is able to make findings in support of the Project as required by the City's rules and regulations for the issuance of special use permits, as hereinbelow set forth, and sets forth the evidentiary basis for approval of the proposed Project: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed temporary truck terminal/trailer storage area provides for the storage of various items of material and equipment that are useful to the continued operation of businesses within the community. 2, That such use will not under the circumstances of the particular case. be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed temporary truck terminal/trailer storage area presents a neat, well ordered appearance and will be separated from nearby residents by Faivre Street and will not result in impacts which would adversely affect humans or surrounding properties. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use, ....:.::r - 7 - - .... The proposed storage area will complies with the applicable conditions, codes and regulations for the Montgomery Specific Plan area. 4. That the granting of this special use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The site is located in the "Whitelands" special comprehensive study area and a specific plan designation for this area has not yet been determined, With the approval of a special use permit allowing this use for a temporary period, and the Planning Department's ability to phase out this use if open space is determined to be the best for the area, this project will be consistent with the applicable plans and policies, V, TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit SUPS-96-06 subject to the following conditions whereby the Applicants shall: A, Operate the Project as submitted to and approved by the Agency, except as modified herein and/or as required by the Municipal Code, and as detailed in the project description. B. Comply with all conditions of approval pursuant to PCC-90-02 or as otherwise modified herein. C. Comply with all Mitigation Measures as incorporated into the Mitigated Negative Declaration for IS-96,08. D. Operate the Project for a maximum of two years from the date of approval of Special Use Permit SUPS-96-06, after which time period this approval expires and becomes null and void. E. To ensure that dust is eliminated, the Applicants and/or Operator of the Project shall; 1. Acknowledge and agree that monitoring of dust and mud conditions on the Project Site and along the Project's Faivre Street frontage will be carried out by the MMC who will perform inspection visits a minimum of once every other week for the first nine months and then after the first nine months onlv at the request of Citv staff in the event that it becomes necessarv as determined bv the Citv. For the refRoinin§ fifteen (1 §) fRenths, the MMC shall perforfR monthl',' inspeotions, or upan request BY the City, Any unused portion of deposit submitted by the Applicant for the Mitigation Monitoring Program shall be refunded after the second year. Likewise, in the event the deposit amount is exhausted prior to the end of the second year, the Applicant shall submit an additional deposit amount as stipulated by the Director of Planning. The MMC will forward monitoring reports for each visit to the Applicant, Director of the Building and Housing Department. the Director of the Planning Department and the City Engineer as to the state of the site and -3 ? - - the Project's frontage along Faivre Street with respect to dust abatement and mud being tracked onto Faivre Street. Said report shall indicate whether dust clouds and/or mud is observed on the Project Site or along the Project's Faivre Street frontage. If the MMC observes dust clouds being generated by vehicles associated with the Project Site or mud being tracked onto Faivre Street from the Project Site, he/she shall immediately send written notification to the Applicant, the Director of Building and Housing, the City Engineer and/or the Director of Planning, as appropriate. Within a reasonable time limit, as determined by the MMC, after initial notification of violation the MMC shall revisit the Project Site to confirm compliance. If the situation is not remedied within said reasonable time specified by the MMC, the MMC shall a send second written notice to the above-mentioned parties, after which the City may take any Code Enforcement action it deems necessary. 2, Apply one of the dust control agents listed in Attachment 1 to all driving surfaces, including the Project's frontage along Faivre Street, JS often as as necessarv and/or as the MMC determines is needed in order to prevent dust clouds from forming, but not in such concentrations as will negatively impact the wetland area to the south, as determined by the MMC. Applicants and/or Operator of the Project shall ensure that any dust control agent so applied shall be biodegradable and non-toxic. If needed, additional applications shall be applied at Applicant' s/Operator' s expense as determined necessary at the discretion of the MMC. As proof of application of one of the dust control agents, a letter from the Applicants shall be submitted to the MMC, the Director of Planning, the Director of Building and Housing and the City Engineer within five (5) working days after the application indicating the agent applied, date, time and areas of application. 3. Until such time as construction of permanent improvements commences along the Project's Faivre Street frontage, remove accumulated dirt from Faivre Street frontage on a weekly basis or as otherwise determined by and to the satisfaction of the MMC. Removal of accumulated dirt shall be accomplished by use of a street sweeper, shoveling of dirt off of Faivre Street or any other method that the MMC agrees effectively removes the dirt, F. Not allow trucks entering the complex to stack on Faivre Street, All stacking shall take place on-site, To ensure that stacking does not occur in the public right-of- way, Applicants shall add personnel to the in-bound lane of the operations as warranted by an anticipated higher-than-normal flow, or if an unexpected number arrives, a person on stand-by shall be called in to handle the extra numbers of trucks. G, Within thirty (30) days of the approval of Special Use Permit SUPS-96-06, schedule a security survey with the Crime Prevention Unit of the Chula Vista Police Department and implement any suggestions resulting therefrom within sixty (60) days of receipt of said suggestions, to the satisfaction of the Chief of Police. .3 '1 - - H. Submit a lighting plan to the Zoning Administrator for review and approval prior to installing any such lighting system, whether for security or some other purpose. Any lighting adjacent to the Otay River shall be directed away from the river valley. Said lighting shall be low pressure sodium and shall be shielded from the adjacent river area to protect habitat within this wetland and preserve linkage, consistent with proposed policies of the Multiple Species Conservation Program. I. Participate in and agree not to protest the formation of a reimbursement and/or assessment district to improve the intersection of Faivre Street and Broadway, to the satisfaction of the City Engineer, J. Maintain the hours of operation as 6:00 a.m. to 10:00 p,m, Monday through Saturday. and 8:00 a.m. to 6:00 p.m. on Sunday. K. Applicants shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council/Agency members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "Iiabilities") incurred by the City/Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Special Use Permit, (b) Agency's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Applicants' operation of the facility permitted hereby. Applicants shall acknowledge their agreement to this provision by executing a copy of this Special Use Permit where indicated below. Applicants' compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicants' successors and assigns. L. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City/Agency shall impose after advance written notice to the Applicants and after the City/Agency has given to the Applicants the right to be heard with regard thereto. However, the City/Agency, in exercising this reserved right/condition, may not impose a substantial expense or deprive Applicants of a substantial revenue source which the Applicants can not, in the normal operation of the use permitted, be expected to economically recover. M. This Special Use Permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. N. Execute the attached Agreement (Attachment "A"¡ indicating that you have read, understood and agreed to the conditions of approval contained herein, and will implement same. O. Comply with all applicable Federal, State and local laws, requirements, rules and policies, and obtain and comply with all necessary permits for the Project from each respective level of government, as applicable, p, Not transport or store hazardous or toxic materials as cargo in any trailer in 3 10 - ' connection with the Project site or on any public right-of-way within the City of Chula Vista. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS NINETEENTH DAY OF AUGUST 1997, Presented by Approved as to form by & 5~ ~ ý7MÜ-Q ~- Chris Salomone John M. Kaheny Director of Community Development Agency Attorney IIMMI H\IHOME\COMMDEVIRESOS\9606RA.RES [S"","b" 15. 1997 [109,,"" 3- (( - AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND H.G. FENTON COMPANY, OWNERS OF 2451 FAIVRE STREET (APN 622-190-15), AND CALIFORNIA MULTI-MODAL, INC. RELATED TO THE CONDITIONAL APPROVAL OF SUPS-96-06 Applicants shall execute this document by signing the lines provided below, said execution indicating that the Applicants have each read, understood and have their respective company's authority to and do agree to the conditions contained in Resolution No, 1556, and will implement same to the satisfaction of the Redevelopment Agency of the City of Chula Vista, California. Upon execution, this document and a copy of Resolution No, 1556 shall be recorded with the County Recorder's Office of the County of San Diego, at the sole expense of the Applicant, and a signed, stamped copy returned to the Redevelopment Agency and the Planning Department. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the Redevelopment Agency and the Planning Department shall indicate the Applicants' desire that the Project, and the corresponding application for a business license, be held in abeyance without approval. Printed Name and Title of Authorized Representative of H.G, Fenton Company Signature of Authorized Representative of Date H.G, Fenton Company Printed Name and Title of Authorized Representative of California Multimodal, Inc, Signature of Authorized Representative of Date California Multimodal, Inc, Attachment: Resolution No, 1556 IIMMI H,IHOMEICOMMDEVIRESOS\9606RA.RES IS.".mb" 15. 1997 11 ,O9pmll 3 - Id- - - .. . 1, , I ~ . I " I i'~i ¡ I ! I 1/ Ci~' ~ ¡ j I I . I I I ' I I i ilij ¡ T lLJ: ~-a, 2387 FAIVRE ST 'I CALIFORNIA I MULTI-MODAL INc. ~: CITY OF CHULA VISTA =-l II CITY OF SAN DIEGO I PROJECT II J~ LOCATION r1 WHITELANDS "'! I ",I ~! ~! -' ! I 01 ! I! I 'I IL- ! ! I I CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~~. Fenton Material/California PROJECT DESCRIPTION, ø . Multim~dal, Inc. SPECIAL USE PERMIT PROJECT >!049& Faivre Sl Request: To continue using parcel lor truck ADDRESS, ~..51 and trailer storage, See previous CUP PCC-90-02. SCALE, I FILE NUMBE'" ~-/~ NORTH No Scale SUPS-96-06 ""C""O";);)""'""'.:o' 0;'.-0:ob".",,"6J6.",' 5/23'07 - , W ':~ 'Ii' <I' ' ~.~ . t<! i" ~i .~!: r~' .~: ~~ . lI! d~ ifl~ ~i '- .,; ~,~. E'e} ~~ 'N . I 'i! "., II . ' '1 h~e ,'~ . [-; ~h$ h' i I . ~~~~¡ I:: d:: ~g¡' ,.~~ ~ r ~~:.. , , -~~ <,' e_~î c-~ . ~ ~ ~ . ;; ,.' '. -.~ ~ . . ¡i!" ¡Ii.;- H!¡I¡¡¡ - ;., .' . ,I¡I,. . ~ :~n .Ii.~if . ( '¡lli~ If:! "'1 ~ If . . ' 31 i¡i¡¡J ~~b~ ,;l:! ' It 1!~I!~~ ; ~ ---="£!. ,-' j . - .:~l ~ :I~ a f~h~ ! I -, .: ~ - ~ :is"' iI":; ~ UIII ,~ ~ " ~ n " - - ' ~- I i . . --'-'. --,.- I . - "'-uw.v.r.""N "" , I 'I if r- . '- ="', C»u) I ~ . ¡I L - -- " ~I ¡ \ I,' I -' ' ' ) ' . , -' ". ' ! g.l r- 'd! l: ¡ i~ ~I =-uw"""zr ,] :. " :'/,.,.'/ . ./ : . 'ìi~õI L-- I. t . : tl" ----1 . I . ! ; -L r-- ,ij . ! ' jr !, I ---, \,I /, u~ ! , " . ~ \ ~.~ . , '" - v. ,." ' ; .. ~¡ !~f I' -D~."'ør , I ~ ,f> Veil" II . :.' ~ E:!: . I .n L- I' . . li¡~ ----1 ~ ¡ . .Ie ~ ' I . ~ r-:-------:. ~ è I . IS t fi i. I U>owIJ- I ~ t I' I ~. I "'". /' 5 ~ L- ~ ~ ----..J . . . l . z r- i ' ~ . ~---- } I ¡ ~ ¡ L--==~ î j: .' C\J r- / . g j L------ I U/ . ' , ffi: - --1 \r I . l.J ¡ - ~ : u. -' ' ' Q~i ~~ ~ ~ '\ w.""."", ' I ~ t1 =1; , .- t - , . ...-P -f" ¡¡z+¡ ; . _.,-_._."","o."o,~.,,, , "'.¡Cve [,Oil:! I " ~(1") ¡¡; Ji .. ~ ~ -.: '/J ~ ~ g- o¡ .. s Æ II :, <: ~ ... ,..¡ ..... g¡ ~ ] -; .. 0 i a: "CI C «I ~ OJ ~ ...; <\¡ x~ " ~ '" I - . ", - Attachment 2 MITIGATED l'ŒGATIVE DECLARATION PROJECT NA.:\Œ: CMI Truck Terminal/Trailer Storage PROJECT LOCATION: 2451 Faivre Street, south side of street ASSESSOR'S PARCEL l'HJMBER: 622-190-15 PROJECT APPLICANT: H.G. Fenton Material Company (Applicant) PROJECT AGENT: Allen M. Jones CASE NO.: IS-96-08 DATE: August 14, 1997 A. PROJECT SETTING The project setting consislS of a 9.64 acre parcel of land located south of Faivre Street at Jacqua Screet within the Otay River lao-year floodplain. Of the 9.64 acres, the Applicant will use only 3.00 acres for the Project. The parcel is dissected in an east/west direction by a fire access road. The northern third of the site is being used as a truck terrninalltrailer storage for the adjacent business to the west (2387 Faivre Street). The southern two-thirds of the site consists of wetland area. The latter portion slopes towards the Otay River and is located within the floodway. It is comprised of riparian scrub and a ruderal field. The southern portion of the site, which is wetland, will remain undeveloped. Surrounding land uses include: mini-storage, industrial warehousing, auto repair and single family residences to the north, the Otay River to the south, a towing impound yard and vehicle storage to the east and a truck and trailer storage to the west. B. PROJECT DESCRIPTION H.G. Fenton owns the subject property at 2451 Faivre Street. In 1990, the Applicant obtained Conditional Use Permit PCC-90-02 for this operation. Conditional Use Permit PCC-90-02 expired in July 1995. The Catellus Development Company owns the property to the west at 2387 Faivre Street. California Multimodal Inc., (Operator) leases both the Catellus-owned property and the Fenton-owned property for their truck terminal/trailer storage operation. The Catellus property is not part of this application. J -I" -. .. IS-96-08: CMl Truck Terminal/Trailer Storage Page '\0. 2 The Applicant has applied for a Special Use Permit to continue the use on the subject parcel for an additional tWo years as it has been used since mid- 1990 under PCC-90-02 as a truck terminal/trailer srorage yard by the Operator. Staff is recommending the Special Use Permil be granted for a period of two years. The plan provides space to accommodate approximately 134 20-ft long trailers and about 94 40-foot long trailers. A modular structure is located along the western property line and functions as a guard building. No expansion of the operation is being requested with this Special Use Permit. Various items are transported to and from the site from Long Beach, Mexico, throughout the United States and overseas. The requested hours of operation are 6:00 a.m. to 10:00 p.m. Monday through Sunday. The previous 1990 approval was from 6:00 a.m. to 10:00 p.m. Monday through Saturday and 8:00 a.m. to 6:00 p.m. on Sunday. The Special Use Permit continues to limit the hours of operation per the previous approval As mentioned earlier, the original Conditional Use Permit PCC-90-02 for this parcel expired in July 1995. Therefore, the Applicant is requesting a new Special Use Permit in conjunction with the Operator. The City of Chula Vista originally granted PCC-90-02 for a two (2) year period of time as the site is within a Special Study Area on the Montgomery Specific Plan called the Whitelands (possibly a part of the future Gtay River Valley Regional Park). Since then the permit has been extended two (2) times and the area has become part of the Southwest Redevelopment Area. This truck terminalltrailer storage facility has remained in operation for over seven years. The granting of the new Special Use Permit, SUPS-96-02 (as is required in Redevelopment Areas), would allow for a continuance of those uses for an additional two years, after which time it will expire and become null and void. Based upon an analysis of the ongoing operation on the site, mitigation measures are required to control dUSI (as described in section E) in order to continue the operation. These mitigation measures have been agreed to by the project Applicant. A portion of the site is in the California Coastal Zone. However, the California Coastal Commission's California Code of Regulations Section 13050.5 stales that a coastal development permit shall only be required on those portions of a development actually located within the coastal zone. Since the Applicant is not proposing development on the portion of the parcel located within the coastal zone, no coastal development permit is required. The discretionary actions include approval by the Redevelopment Agency of the Special Use Permit and the Negative Declaration for IS-96-08. .,3..17 - - '- 15-96-08: CMI Truck Termin2J!Trailer Storage Page ~o. 3 C. CaMPA TIBILITY WITH ZOJ\'ING A!\l) PLANS The current on-site zoning is IL-P (Limited Industrial subject to a Precise Plan) and the site is designated Research and Manufacturing on the City's General Plan Map. The site is designated "Whitelands" in the Montgomery Specific Plan (MSP), which is a "specjal comprehensive study" area, and is within the Southwest Redevelopment Area (SRA). This site is also under review for inclusion as part of the Otay River Valley Regional Park. Continuing the existing use of the property for two additional years is consistent with the intent of the MSP and the SRA. D. IDENTmCATION OF ENVffiONMENTAL EFFECTS Environmental effects identified which are associated with this project include: 1) wetland restoration; and 2) dust. 1. Wetland Restoration CMI previously filled in a portion of the southern part of the subject parcel. However, after being infonned of the violation, a wetland habitat restoration plan was prepared by Merkel and Associates. Inc., and a replanting effort is underway to bring this area back to its natural state. The summary of the Six-Month Wetland Monitorinl1 Report prepared by Merkel and Associates, Inc. states: The six month vegetation monitoring for the California Multimodal, Inc., (CM.I.) revegetation site in Chula Vista was conducted by Merkel & Associates on December 5, 1996. The six month milestone success criteria for the site moI1ÍlOring was met with vegetation exceeding the required 10% cover and 80% overall survival of container plantings. In order to meet the criteria for the next monitoring period (i.e., 12 months -- 15% cover, no additional loss of plants) continued weed eradication of Fennel (Foeniculum vulgare) is recommended. Other recommendations include occasional inspections to ensure that two other invasive species, Garland Chrysanthemum (Chrysanthemum coronarium) and the Spiny Cocklebur (Xanthium strumarium) , do not become a pernicious problem during/following the winter rainy season. When a dead sapling count was taken on December 5, 1996, none could be found. One species, the Marsh Evening Primrose, was not thriving at the few locations where it was planted as a secondary, underslOry component. After the one year monitoring report, which wi]] be prepared later this spring, the City will be better able to detennine the survival quotient of this species. Other than the primrose, no other dead or sickly plants were observed. The present six month report is part of a five year monitoring program. .J ../f -. ., - IS-96-08: CMI Truck Terminal/Trailer Storage Page No.4 The Department of Fish and Ganle has granted a Streambed/Lake Alteration Permit (Streambed/Lake Alteration Notification No. 5-021-96) regarding this res1Oration project. If required, the Applicant shaIJ obtain an NPDES (National PolJutant Discharge Elimination System) permit and an SWPPP (Storm Water Pollution Prevention Plan). The Negative Declaration for IS-90-09, issued as part of the original 1990 application, contained a mitigation measure which is included in this Negative Declaration which required a silt fence along the southern boundary adjacent to the wetland area. A silt fence, as required originalJy in 1990, wiIJ ensure that the wetland is protected from any undesirable runoff resulting from the Opera1Ors use of the land. The portions of IS-90-09 relating 10 wetland protection are hereby incorporated into this Mitigated Negative Declaration by reference. In 1994, in violation of Conditional Use Permit PCC-90-02, California Multimodal, Inc. fiIJed in a portion of the southern two thirds of the Project Site to use as trailer parking. However, after being informed of the violation, a Wetland Habitat Restoration Plan (copy attached to the Checklist for IS-96-08) was prepared by Merkel and Associates, Inc., and a replanting effort is underway to bring this area back to its natural state. As part of the monitoring of this program, a Six-Month Wetland Monitoring Report (copy attached to the Checklist for IS-96-08) was prepared by Merkel and Associates, Inc. This is an on- going restoration project that wiIJ end when the five year Mitigation Monitoring Program ends. 2. Dust Residents near the site have contacted Planning Department staff and/or the Air Pollution Control District (APCD) regarding their concerns with unusually high amounts of dust in the neighborhood. A nearby business operator reported that vehicles parked outside of his business are covered with a layer of dust from the site every day of the year. Complaint investigation reports filed by the Air Pollution Control District staff included comments: that one resident "can never keep her house clean, observance of a cloud of dust trailing behind and to the side of each large container truck traveling east. An employee stated that the dust made him wheeze and cough and other employees complained about severe bronchial problems and the dust aggravates allergies. The uneven surface of the Project Site has resulted in depressions in the ground which fill with water during rain storms. This ponding causes mud puddles. Mud then gets picked up by the trucks and trailers and tracked onto Faivre Street. This mud then dries and turns to dust when vehicles roIJ over it. In addition, to some extent, the mud is also the result of storm water ponding in the public right-of-way on Faivre Street in front of Applicant's property. This ponding occurs in part because of the unpermitted in-filling and grading of a drainage area to create a driveway on the adjacent site (2387 Faivre Street) operated by the Operator. The tracking of mud onto any public street is a violation of the ..3 -1'/ - - IS-96-08: CMI Truck Terminal/Trailer Storage Page No.5 Municipal Code, Sections 12.12080, 12.12.110, et. seq. In addition, the discharge of air contaminants is a violalion of Section 19.66.140 of the Zoning Ordinance. As a result of the dust being kicked up, a Nolice of Violation was issued by APCD to the Operator on February 19, 1997. under Health and Safety Code 41700 Rule 51, for discharging such quanlilies of air contaminants, particularly dust, which caused injury, detriment, nuisance or annoyance to a considerable number of people in the Project's vicinity. The Operator is required to satisfy the Air Pollution Control District and the Health and Safety Code under which they have jurisdiction. The Operator notified APCD that they will sweep the street in order 10 control dust at the sile and will apply Magnesium Chloride (or other chemicals) to the unpaved travel surfaces on the Project Site and along the frontage of the Project Site on Faivre Street. At present, there are no established, specific applicalion rates for dust agents. However, the occupance of observable dust clouds can be reduced 10 zero with the proper implementation of a combination of mitigation measures. The Mitigation Measures related to dust reduction as found in Seclion E, when implemented, have the capability of reducing the occupance of observable dust clouds to zero. E. MITIGA TION NECESSARY TO A VOID SIGNIF1CANT EFFECTS As a result of the Initial Study, specific project mitigation measures are required to reduce potenlially significant environmental impacts 10 a level below significant per the California Environmental Quality Act (CEQA). Therefore, mitigation measures are listed in this section, as well as requirements of the attached Miligation Monitoring Program. Some are incorporated into the Special Use Permit as conditions of Project approval. The Applicant/Operator agree to reimburse the City for any costs to the City associated with monitoring or enforcing the following Mitigation Measures. Project Mitigation Measures are as follows: 1. Within thirty (30) days of the approval of Special Use Permit SUPS-96-06, retain a Mitigation Monitoring Consultant (MMC) through the City of Chula Vista's third pany agreement process, to the satisfaction of the Director of Planning. 2. To prevent erosion on the Project Site and ensure that the wetlands in the immediate vicinity of and on the Project Site are protected, the Applicant/Operator shall install and keep in good repair a silt fence on the south side of the three acre usable area of the Project Site and north of the approximately 6.64 acres of wetlands, 10 the satisfaction of the MMc. The silt fence shall be constructed to a height and of a material specified by the MMc. The MMC, as pan of the Miligation Monitoring Program, will periodically inspect the silt fence to ensure that it is in good repair and performing its intended purpose, and will coordinate inspections of the wetlands area with the Operator's environmental firm 10 ensure that the wetland area is protected from adverse J-~ - - ]S-96-08: CMI Truck Terminal/Trailer Storage Page No.6 impacts related to runoff from the project site. The MMC may require the Applicant/Operator to change the dust control agent if he/she observes negative impacts resuJting from its application to the Project Site to the wetlands area. 3. To ensure that dust is eliminaled, the Applicant and/or Operator shall: A. Acknowledge and agree that monitoring of dust and mud conditions on the Project Site and along the Project's Faivre Street frontage will be carried out by the MMC who will perform inspection visits a minimum of once every other week for the first nine months. For the remaining fifteen (15) months, the MMC shall perform monthly inspections, or upon request by the City. Any unused portion of deposit submitted by the Applicant for the Mitigation Monitoring Program shall be refunded after the second year. Likewise, in the event the deposit amount is exhausted prior to the end of the second year, the Applicant shall submit an additional deposit amount as stipulated by the Director of Planning. The MMC will forward monitoring reports for each visit to the Applicant, Director of the Building and Housing Department, the Director of the Planning Department and the City Engineer as to the state of the site and the Project's frontage along Faivre Street with respect to dust abatement and mud being tracked onto Faivre Street. Said report shall indicate whether dust clouds and/or mud is observed on the Project Site or along the Project's Faivre Street frontage. If the MMC observes dust clouds being generated by vehicles associated with the Project Site or mud being tracked onto Faivre Street from the Project Site, he/she shall immediately send written notification to the Applicant, the Director of Building and Housing, the City Engineer and/or the Director of Planning, as appropriate. Within a reasonable time limit, as detennined by the MMC, after initial notification of violation the MMC shall revisit the Project Site to confinn compliance. ]f the situation is not remedied within said reasonable time specified by the MMC, the MMC shall a send second written notice to the above-mentioned parties, after which the City may take any Code Enforcement action it deems necessary. B. Apply one of the dust control agents listed in Attachment I to all driving surfaces. including the Project's frontage along Faivre Street, as often as lhe MMC determines is needed in order to prevent dust clouds from forming, bUt not in such concentrations as will negatively impact the wetland area to the south, as determined by the MMc. Applicant/Operator shall ensure that any dust control agent so applied shall be biodegradable and non-toxic. If needed, additional applications shall be J.,.J..I - - IS-96-08: CMI Truck Terminal/Trailer Storage Page No.7 applied at Applicant's/OperalOr's expense as determined necessary at the discretion of the MMc. As proof of application of one of the dust control agents, a letter from the Applicant or Operator shall be submitted to the MMC, the Director of Planning, the DireclOr of Building and Housing and lhe City Engineer within five (5) working days after the application indicating the agent applied, date, time and areas of application. C. Until such time as construction of pennanent improvements commences along the Project's Faivre Street frontage, remove accumulated dirt from Faivre Street frontage on a weekly basis or as otherwise detennined by, and to the satisfaction of the MMC. Removal of accumulated dirt shall be accomplished by use of a street sweeper, shoveling of dirt off of Faivre Street or any other method that the MMC agrees effectively removes the dirt. F. CONSULTA TION 1. Individuals and Or£anizations City of Chula Vista: Barbara Reid, Planning Department Doug Reid, Environmental Review Coordinator Martin Miller, Planning Department Roger Daoust, Engineering Division Cliff Swanson, Engineering Division Garry Williams, Planning Department Ken Larsen, Director of Building and Housing Brad Remp, Assistant Director, Building & Housing Doug Perry, Fire Marshall MaryJane Diosdada, Crime Prevention Marty Schmidt, Parks and Recreation Department Jeff Steichen, Planning Department Keith Barr, Planning Department Office of the City Attorney Chula Vista City School District: Dee Peralta Sweetwater Union High School District: Tom Silva Air Pollution Control District: Steve Evans App1icants' Agent: Allen M. Jones J-.;l;l _. . - IS-96-08: CMI Truck Terminal/Trailer Storage Page No.8 G. Th'lTL\L STUDY This environmental derermination is based on the attached Initial Study, any comments received on the Initial Srudy and any comments received during the public review period for this Mitigated Negative Declaration. The report refJecls the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Depanment, 276 Fourth Avenue, Chula Vista, CA 91910. ()~~ tðdJ ENVIRO~ENTAL REVIEW COORDINATOR H. RFERENCES General Plan, City of Chula Vista Title 19 (Zoning Ordinance), Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures California Multimodal, Inc./Faivre Street Wetland Habitat Restoration Plan prepared by Merkel and Associates. Inc. (October 5, 1995) California Multimodal (c.M.!.) Site/Wetland Starns and Historic Review prepared by Merckel and Associates, Inc. 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I ,I I- I I I i I I ¡ I ¡ CHULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT Fenton Material/California PROJECT DESCRlPIlON: C) APPUCAN;, Multjm~dal, Inc. SPECIAL USE PERMIT PROJECï :?o49&Falvre St . . ADDRESS, H51 Request: To continue using parcel for truck and trailer storage. See previous CUP PCC-90-02. SCALE, I At.!' NUMBE'" "'JI NORTH No Scale I SUPS-96-06 ...s - ;¿f """°,., c. "",1",".:"'0'\'0::""".'""%:'0.,,;, 5 ':5','7 THE CITY OF CHULA nSTA DISCLOSURE STATBI[:--, S:;ilCJlJc'nl or ¡J1>clo,urc or cCfI;¡in own",,"ip inler"I'. p;¡YJlJcnt,. or camp;¡ifn comrtl'u!i"",. on ;¡JI lJ1;¡il", wlnc" "'!Ii require discr~;;onary action on the pan of the Ciry Council, Planning Commission, and 2J1 othcr official bodies. T~e following info:mation must be disclosed: 1. Lisl the names of all persons have a finaDciaJ intcrest in the contract, Le., ccntractor, subcontractor, material supplier. Henry Hunte Letitia Swortwood Emily Hunte Black 2. If any person identified pursUaDt 10 (1) above is a corporation or pannership, list the names of all individuals owning more than ] 0 % of the shares in the corporation or owning any pannership interest in the pannership. 3. If any person identified purSUaDt to (1) above is non-profit organization or a trust, list the names of aDY person serving as direclor of the non-profil organization or as trustee or beneficiary or truslee of the trust. 4. Have you had more thaD 5250 worth of business traDsacted with aDY member of the City staff, Boards, CoI111Dissions, Committees aDd Council within the past twelve months? no 5. Please identify each aDd every person, including aDY agents, employees, consu]taDts or independent COnIractors who you have assigned to represent you before the City in this matter. i;~~: ::~;;an 6. Have you aDd/or your officers or agents, in the aggregate, contributed more than 5],000 to a Council member in the CUrrent or preceding election period? Yes [ ] No [ ] If yes, state which Council member(s): . Person is defln,d as: . AJJy individual, firm, co-pannmhip. joint vcmu,". association, socía1 club, f"'IOrna] orgaruzation, corporation. """" truSt. ,"=civer, syndicalO, this and any orner county, city and county, city, municipality, district or other political subdivision, or any orner group or combination acting <s , unit. . (NOIT, AtUch additior.a1 pages as n,cess",)') Dare: ~ Signature of contract r/ A\\~ M. ~.....-c:.s. Print or type name of contraCtor/applicaDt j-~'I WPC:F:IHOMEIPLANNtNGISTOREDIJ02t'A.9JRd. IO20.9)(Rd. tO22.') Page II - - ."- Attachment 3 MEMORANDUM DATE: August 13, 1997 TO: Martin Miller i ' ~ FROM: Douglas D. Rei~ SUBJECT: Resource Conservation Commission Recommendation on the CM! Project MSC (5-2-2) Hall/Allen The dust control agents should be reviewed for environmental, safety and health considerations, MSC (5-0-2) Marquez/Hall . no modification to the hours of operation be granted . the 1st year report on the status of the re-vegetation site should be completed prior to Planning Commission action . the RCC would like to review the performance of the mitigation monitoring at the end of a 3 month period . the survey of residents and businesses in the vicinity should be conducted regarding the projects effect on: - dust - noise - speed - access H: \home \planning\lupe \rcccmi, dr J-.3.o - - , - MEMORANDUM TO: Chairperson Davis, Members of the Planning Commission FROM: Mm;o MII~. A..od", PI,;~ DATE: August 13,1997 SUBJ: 15-96-08: Resource Conservation Commission Review ofInitial Study for Special Use Permit SUPS-96-06 - Truck Tenninal/Trailer Storage Yard at 2451 Faivre Slreet At its meeting of August II, 1997, the Resource Conservation Commission took the actions outlined on the attached memorandum ITom Douglas Reid, Conservation Coordinator. Staff has since followed up on each issue with the following results: 1. The dust control agents should be reviewed for environmental, safety and health considerations. On August 12, 1997, staffspoke to Keith Merkel of Merkel & Associates and explained this concern to him. He responded by informing staff that magnesium cWoride, the preferred dust control agent, has the following characteristics: It absorbs atmospheric moisture. Its moisture dependency makes it ideal for this coastal area where there is a higher humidity than in-land San Diego County. Ideally, it is environmentally better to apply nothing to the site as therefore there would be no possibility of contamination. However, magnesium already exists in the soil and the dust that would settle on plants is worse than the impacts resulting from application of the magnesium cWoride. 2. No modification to the hours of operation be granted. Staff concurs with this. 3. The first year report on the status of the re-vegetation site should be completed prior to Planning Commission action. City staff spoke to staff at Merkel & Associates and enquired as to the time table for the yearly report. Monitoring visits will last through this week and the report is scheduled to be ready by August 22,1997. This is adequate time for distribution to the Redevelopment Agency, however, not to the Planning Commission. It should be noted, however, that staff ITom Merkel & Associates commented that the plant life in the re-vegetated area appears to J -.j , - . 15-96-08: RCC Reivew Page No.2 be growing satisfactorily and that it has improved since the spring report. 4. The RCC would like to review the performance of the mitigation monitoring at the end of a three month period. This can be scheduled. 5. A survey of the residents and businesses in the vicinity should be conducted regarding the Projects effect on dust, noise, speed and access. Residents and businesses in the Project's vicinity have had an opportunity to co=ent through the public hearing notification process and several have taken this opportunity by responding in writing to, visiting or phoning the Planning Department. All of the concerns raised have been discussed in the Mitigated Negative Declaration and/or Special Use Permit. For example, residents concerns regard hours of operation have resulted in staff reco=endation that the hours not be extended. Residents, businesses and agencies concerns regarding dust resulting ITom the Project have resulted in mitigation measures and the mitigation monitoring program. Several residents and business owners have expressed concerns regarding speed and parking. These are law enforcement issues and the Police Department is aware of the concerns. Access to the Project Site is limited to Faivre Street because access ITom Jacqua Street is prohibited. J- .3-... Attachment 4 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA DRAFT Council Chambers 7:05 p.m. Public Services Building Wednesday, August 13, 1997 276 Fourth Avenue, Chula Vista ROLL CALL: Present: Chair Davis, Vice Chair Willett, Commissioners Aguilar, Ray, Tarantino, Thomas Absent: Commissioner O'Neill (excused) Staff present: Ken Lee, Assistant Planning Director Martin Miller, Associate Planner Ann Moore, Assistant City Attorney Jim Hutchison, Acting Senior Civil Engineer MOTION TO EXCUSE MSC (Willett/Ray) 6-0-1 to excuse Commissioner O'Neill due to a Conflict of Interest.. PLEDGE OF AllEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS Read into the record by Chair Davis. APPROVAL OF MINUTES: July 23,1997 MSC (RaylWillett) 5-0-1-1 (O'Neill excused; Tarantino abstain) to approve the minutes of July 23,1997 as submitted. ORAL COMMUNICATIONS None 1. PUBLIC HEARING: Continued Public Hearing SUPS 96-06; Request for a special use permit to continue operating a truck terminal/trailer storage yard at 2451 Faivre Street - California Multi-Modal, Inc. and H.G. Fenton Material Company. Background: Martin Miller reported that this is a continued item from the July 23, 1997 Planning Commission meeting in which the applicant's attorney requested time to respond to some concerns they had with some of the conditions contained in the Mitigated Negative Declaration. The applicant submitted their concerns, and staff responded. The issues were as follows: J -.3.3 Planning Commission Minutes - 2 - August 13, 1997 1. Notification when Municipal Code violation observed by Mitigation Monitoring Coordinator (MMC). Original Text Revised MMC notifies various City department MMC notifies applicant and the City heads of violations. to set a "reasonable time" for the violation to be remedied by CMI. If the violation is not remedied, the MMC will then notify the City after the reasonable time so that the City can take appropriate actions, including Code Enforcement action. 2. Frequency of inspections by MMc. Original Text Revised MMC would conduct weekly inspections MMC will perform inspections every for the 2 year duration of the SUP. other week for the first year, and for the second year, every month or upon request by the City. 3. MMC's responsibility regarding the silt fence. MMC will oversee the construction and monitor its condition throughout the life of the use permit. 4. Requirements for NPDES/SWPPP Original Text Revised Required the preparation of If NPDES/SWPpp are required, then NPDES/SWPPP the applicant must prepare same. 5. Wording related to drainage. Applicant is requesting removal of text referencing illegal filling of a drainage area across the property that CMlleases, immediately to the west. It is the City Engineer's opinion that this, in part, has contributed to a ponding problem at the entrance and exit of the CMI complex. Staff confirmed this with the City Engineer, and he sustains his opinion, therefore, the reference remains. Mr. Miller pointed to the memorandum left on the dais, which summarizes the action of the Resource Conservation Commission on Monday night. They are: 1. The dust control agents should be reviewed for environmental, safety and health considerations. 2. No modification to the hours of operation be granted. .3...3'/ - - Planning Commission Minutes - 3 - August 13, 1997 3. The first year report on the status of the re-vegetation site should be completed prior to Planning Commission action. 4. The RCC would like to review the performance of the mitigation monitoring at the end of a three month period. 5. A survey of lhe residents and businesses in the vicinity should be conducted regarding the project's effect on dust, noise, speed and access. Staff Recommendation: That the Planning Commission adopt the Mitigated Negative Declaration for IS 96-08 and SUPS 96-06 subject to the draft Redevelopment Agency Resolution Commission Discussion: . Vice Chair Willett inquired about who would pay for the monitoring. Mr. Miller responded that the applicant/operator would pay for the monitoring through a deposit account set up with the City to pay the environmental firm. The terms of the monitoring would be drawn up through a Three-Party Agreement. Vice Chair Willett expressed his concern in over-regulating the monitoring program, and suggested they be conducted every other month, or perhaps even, quarterly. Mr. Willett commented on the RCC's request to review the performance of the mitigation monitoring at the end of a three-month period. It was his understanding that they had been reviewing the monitoring that has taken place over the last year and a half. Mr. Miller indicated that Merkel & Associates are under contract with CMI and they have been conducting monitoring, however, the City would prefer to contract through a Three-Party Agreement with an independent firm in order to avoid a possible conflict of interest. The RCC's request is to review the monitoring conducted by the new environmental firm after a three month period. . Commissioner Aguilar indicated that the City Engineer stated that unpermitted grading and filling had been done, and asked staff if they could verify who and when it was done. Mr. Miller stated that CMI constructed a concrete slab for the entrance into their complex. Matt, Peterson, representing CMI, stated that the area in question is not down by the wetlands and is near the cul-de-sac where the main driveway entrance is. He further stated that their engineer's findings were that there was not unpermitted filling or grading that raised the elevation and that the ponding that J-.J~ Planning Commission Minutes - 4 - August 13,1997 has been occurring for the last 15 years is a result of poor designing of the cul- de-sac. Furthermore, Mr. Peterson stated that CMI did construct a concrete driveway at the same elevation that it was when it was dirt and it did not worsen the problem. Commissioner Ray inquired how staff would go about setting a "reasonable time" to correct any violations. Planner Miller stated that the MMC would be designated to determine what a reasonable amount of time would be, however, it would have to be taken on a case per case basis depending on the nature of the violation and taking into consideration other fadors, like weather. He further stated that if the violation was not correded within the designated time, then it could evolve into a code enforcement action. . Jim Hutchison, Acting Senior Civil Engineer reported that the cul-de-sac was constructed by the County in 1975 and gave a brief overview of its design. . Chair Davis, restated her understanding of the overview of the design plans as presented by Mr. Hutchison. Originally, the road drained westerly, however, when the street was vacated and the cul-de-sac was construded, the drainage to the west was hindered. Continued Public Hearing Opened 7:30 Matt Peterson, 530 B Street, Suite 2300, San Diego, representing CMI, stated that they were in concurrence with staff recommendations and conditions. He also stated that applicant would appreciate any consideration in reducing the frequency and length of time of the monitoring program. Lynne Heidel, 401 B Street, Suite 2400, San Diego, representing H.G. Fenton stated that they to were in concurrence with staff recommendations and conditions. She also wished to clarify that in the Mitigated Negative Declaration that the applicant is referred to as H.G. Fenton Material Company, and applicant is now "joint applicant". Dave Christenson, Assistant Vice President, CMI, 2387 Faivre Street, Chula Vista, reported that a chemical dust suppressant ( magnesium chloride) is being applied on a monthly basis. Using a watering truck, the chemical, a salt compound is mixed with water and applied on pre- watered soil to aid with the absorption. Two truck loads, each of 5,500 gallons is applied. Mr. Christenson further stated that within the last two week, they have paved a good portion of the out gate which has also helped with controlling the dust. Additionally, CMI has contracted with a street sweeping service to come and sweep the cul-de-sac once a week. Public Hearing Closed at 7:40 J-~f. Planning Commission Minutes - 5 - I\ugust 13, 1997 The Commission's general informal consensus was that they were supportive of the monitoring program and appreciative of the way in which the applicant/operator and staff came together and worked out a mutually agreeable compromise. The Commission further discussed the terms of the monitoring program and its frequency in order to ensure that the problems of the past and any potential future violations are prevented. Their objective is to implement a program that is not over-regulated, and yet addresses the area residents' concerns, and is protective of the wetlands. Matt Peterson stated that they had interpreted that there may be a possibility that no monitoring would be necessary for the second year, and that if it was necessary, it would be only at the request of the City. Therefore, unless the monitoring is needed, it would not automatically be once a month. MSC (Aguilar/Thomas) that the Planning Commission adopt the Mitigated Negative Declaration and recommend to the Redevelopment Agency that the Special Use Permit with the conditions recommended by staff and agreed to by the applicant be adopted. Amendment to motion (AguilarlThomas) to monitor biweekly for the first 6 months, and then once a month thereafter for the remaining 18 months. Discussion on the amendment to the motion: Commissioner Aguilar suggested extending the biweekly monitoring to 9 months in order to have it include the rainy season, and then have it once a month thereafter for the remaining 15 months. Amended motion (Agui/arlThomas) 6-0-1 (O'Neill excused) that the Planning Commission adopt the Mitigated Negative Declaration for IS-96-08 and Special Use Permit SUPS 96-96 subject to the draft Redevelopment Agency Resolution and that biweekly monitoring be conducted for 9 months in order to have it include the rainy season, and then have it once a month thereafter, or upon request by the City, for the remaining 15 months. 2. UPDATE ON COUNCIL ITEMS Ken lee reported that the Conditional Use Permit for the INS building was approved by Council, and further stated that the applicant is expanding the building size by a few thousand square feet, which affects the loading dock area. In addition, Council approved the Ordinance Amendment to the sideyard setback. Council also approved the addition of an extra day of operation for the swap meet subject to some conditions that related to payment of fees, and additional landscaping. As a late item, two letters of complaint were received from area residents in which they complained about the loud music being played by a vendor whose stall was located toward the front entrance, close to l Street. The operator has been relocated toward the back of the swap meet and has been asked to lower the volume. j-~1 - - .,,- Planning Commission Minutes - 6 - August 13,1997 DIRECTOR'S COMMEI>;TS Ken Lee reported that the regular Planning Commission meeting of August 27th and the Planning Commission workshop of August 20th have been cancelled. The next regular Commission meeting will be at 7:00 p.m. on September 10th, and the next dinner workshop will be at 5:30 p.m. on September 17th, with Otay Valley Regional Park being the item of discussion. COMMISSIONER COMMENTS Commissioner Willett inquired what was going on with the nursery that is being torn down on Broadway, next to the mortuary. Mr. Lee responded that he had nothing to report at this time, however he already had a scheduled meeting with Community Development to discuss future development at this site. Commissioner Ray stated that he recalled receiving a periodical update on building permits, which served as a helpful reference to be informed of new development and construction going on around town. ADJOURNMENT at 8:20 to the next regular Planning Commission meeting of September 10, 1997 at 7:00 p.m. in the Council Chambers. Diana Vargas, Secretary Planning Commission B,\Q8.13.97.MIN j-J8 - " Attachment 5 Excerot From 9/1 1/96 Planning Commission Minures ITEM 3: PUBUC HEARING; SUPS-96-06; REQUEST FOR A CONDITIONAL USE PERMIT TO CONTINUE OPERATING A TEMP 0 RAR Y TRUCK TERMINAIlTRAll..ER STORAGE YARD AT 2400 FAIVRE STREET - California Multi-Modal, Inc. and H.G. Fenton Material Company Associate Planner Miller gave the staff report, noting that staff had concluded that the use of the project site as a temporary truck termina1Jtrailer storage yard was an appropriate use until such time as a more comprehensive land use study could be completed and more suitable land uses could be defmed for this area. Staff, therefore, recommended that the Planning Commission adopt Addendum 15-96-08 to Negative Declaration IS-90-09M and PC Resolution SUPS-96-06 recommending that the Redevelopment Agency approve the application to continue operating a truck termina1Jtrailer storage yard pursuant to the draft Redevelopment Agency resolution, as amended to included the hours of operation. Commissioner Willett nored that one of the letters from Welder Supply Equipment commenred on the deterioration of the street leading into the applicant's property. He asked if Public Works had been alerted to the dererioration of the street. Senior Civil Engineer Golclkamp responded that he was not aware whether Operations had been apprised of the condition. They were aware of the problem with drainage on the adjacent westerly parcel. They were trying to work with the owner of that property in resolving the drainage problem there. Commissioner Willett suggested that staff look into that and answer this letter, and also for the Planning Commission's information. Mr. Goldkamp stated that regarding improvement of the street, three years ago Engineering conditions had been placed on the property so that in the event they came in for a building permit of over $10,000, they would have to install certain public street improvements along the frontage of that parcel of 660 feet in length. The applicant at that time entered into a defeITal agreement with the City of Chula Vista, which expires in December. One of the conditions in the deferral agreement is that they will install those improvements prior to the expiration of that three-year period. Commissioner Willett noted that it had never been brought to the attention of the Otay Regional Valley Park that this applicant had been trying to restore the wetlands. He suggested that staff forward this comment on to Frank HeITera-A, a member of the CAC. Mr. Willett supported the restoration, but other committees needed to know about it. Commissioner Thomas asked if there had been any complaints or any problems with the existing use. Mr. Miller stated this particular use permit was noticed and there were no complaints received. In 1993 when they had gotten their extension, there had been complaints from residents on Jacqua concerning dust. A condition was introduced at that time, which is still effective and in this conditional use permit, that the applicant has to apply magnesium chloride, which is a biodegradable substance, to the driving areas including the public right-of-way in front of their property to comrol dust. J -.3 9 - . . . Commissioœr Thomas stated that he was confused regarding the timefrarne. Mr. Mil1er said that the original conditional use permit expired with a maximum life term of five years. The applicant had their application in prior to that time requesting this conditional use permit. He explained that this was not an extension of the original conditional use permit which expired. This is a new conditional use permit; the redevelopment area had been created, and therefore it is a special use permit falling under the redevelopment law. Commissioner Willett asked if the applicant was responsible for the street in front of his entrance regarding holding down dust. Mr. MiIIer said he was responsible for 660 feet along Faivre Street. He was not responsible for applying the magnesium cWoride to the public street, but to the shoulder area which was unimproved. This being the time and the place as advertised, the public hearing was opened. Eddy Kubota, 2387 Faivre Street, C.Y., representing California Multimodal, Inc. (CMI), supported the extension of the conditional use permit for another five year te=. He was available to answer questions. Commissioner Willett asked if he was in agreement that he was responsible for the area alongside the street in improving it some way? Mr. Kubota stated it would not be their responsibility, but the property owners (Fenton) who would have to improve the street if there were $20,000 worth of improvements. Regarding spraying the shoulder of the street, they had agreed to that. They sprayed twice a year, prior to summer and at the end of summer. Commissioner Willett asked if it was only sprayed twice a year, or during the week. Mr. Kubota said they were spraying it twice a year with magnesium cWoride. Commissioner WiIIett stated that he was confused; he thought they would be spraying more often to keep the dust down. Mr. MiIIer stated that magnesium cWoride was a kind of substance that held the din together for weeks or months at a time. It was environmentally safe. In this particular special use permit, S1aff is requiring that it be sprayed a minimum of three times a year--spring, su=er, and fall, and any other time of the year that the Zoning Administrator deems it necessary. Commissioner Willett stated that he had visited the site twice, the prior week and that day, and he had noticed dust being raised by trucks on the pavement. The wind from the truck brings a whirlwind from the side of the street. Mr. Kubota stated that they would bring a street sweeper in to sweep the street prior to applying the magnesium cWoride. They actuaIIy sprayed the street, the shoulder, and their traffic areas. They were agreeable to that. Linda Kaufman, 7220 Trade St., Suite 300, SD, representing H. G. Fenton Company, stated that they were in agreement with staff's recommendation. She questioned the five-year permit and the one-year extensions. There was nothing about an appeal if the Zoning Administrator were to deny the project after the fITSt year, or whatever. She asked if there was an appeal process. Assistant Planning Director Lee stated it went automatically to the Planning Commission. She stated they had a deferral agreement; they were aware that it was expiring. If they came in with a building permit, they would be going for the deferral agreement; they j -ciO would do all of the road improvements that they had agreed to. Because of the interim use, they would ask for a deferral of the road improvements until it was a pennanem use. She noled that the magnesium chloride usually lasted from four to six months if properly applied and rea]]y cut down the dust. Commissioner Willett asked if because of the temporary use they had not done the road improvements. Ms. Kaufman said they had not because it was an interim use, not a pennanent use. The Otay Valley Park people would sometime come up with a plan and their site would be designated. The redevelopment group was becoming active there, and they would like to do something permanent on the site. George Solis, 151 Jacqua St., CV, stated that he had been complaining about the condition of the street and traffic. The street was not wide enough for two trailers to pass each other; one of them had to go on the shoulder in order to avoid hitting. There was dust constantly. They had only sprayed once in five years. The street was deteriorated to the maximum. Trucks were always speeding; he was concerned about safety of the children. 90 % of the trucks were from Mexico, and Mr. Solis thought they possibly did not know the traffic laws here. Trucks parked along the street and honked their horns trying to get other trucks to move. There was a bus stop on the corner in front of his house. The bus driver put on the blinking lights and stepped around the bus with a stop sign; she was almost run over. He suggested that speed bumps be put in the street. The chemical had been sprayed, and two weeks later there was loose dirt there. Commissioner Willett stated that there had been two officers on motorcycles with radar guns in the area during the day when he had been there, along with a police vehicle. They were monitoring traffic. They had pulled over a truck and a van. Anthony Vasqua, corner of Jacqua and Faivre S1., gave staff a tape to be reviewed showing the trucks blocking the whole street. He was in favor of the permit as long as they kept the dust down. It was hard for them to breathe dust eight or nine hours per day. No one else wishing to speak, the public hearing was closed. Commissioner Salas stated that the timing of the permit confused her and the testimony of the applicant in terms of road improvements. This was still something that was going to be considered on a year-to-year basis. If the applicant had not made road improvements in the past because there was no certainty to the project, what was the incentive for the applicant to make those improvements now. Mr. Lee replied that the City had a deferral agreement which was to expire in December 1996. The City can call that forward at any time. Staff was uncertain as to the history of what triggered that deferral agreement. Mr. Lee thought that should be reviewed with the applicant to ascertain whether or not to call that deferral forward and have those improvements installed. Mr. Lee said that could be done and staff could report back to the Commission for the expiration in December. If there is a consideration for an extension, that could be folded into the equation. By testimony at this public hearing, it is evident that there were potential issues which should be looked at very carefully, along with the road condition. ~-c/, - . . . Commissioner Salas said there had also been a very strong letter from Welder Supply Equipment that also documented that. She hoped the deferral was called and that the applicant made the necessary lillprovements. Mr. Lee stated that it was at the discretion of the City Engineer, but because of the circumstances and how this had been extended, there had been no discussion with the applicant. In fairness to the applicant, staff needed to go through that. If the concerned citizens wanted to leave the tape with staff, they would review that and get it back to them. Commissioner Salas asked if it would be within the Planning Commission's authority to include a condition that the road improvements be taken care of or that deferral be withdrawn. Mr. Lee replied that the Commission could place the condition; however, there was time to call the deferral forward and get those improvements installed. The Planning Commission could either take action on this item to extend the project for a certain period, but the improvements could be required before any extensions were granted; or the item could be continued for two weeks at which time staff could have a better resolve with Engineering as to whether it made sense to call up the deferral, and report back to the Planning Commission before they made the decision. It was not time sensitive. MS (Thomas/Salas) to defer the item for two weeks because of the road condition and the dirt, and because it was not time sensitive. Commissioner Willett recommended that the City talk to all of the businesses on that street regarding the road problem. Mr. Lee said that if the City had a deferral on that particular applicant, he did not know if the City had any control over the others. It might be that staff would report back that staff could call up improvements for 600 feet of the road, but other sections would remain unimproved. He was not comfortable without discussing it further with Engineering and getting all the facts. Commissioner Davis asked how the Otay Valley Regional Park Planning work into the road improvements in the future. Mr. Miller said the intent of the wording in the staff report and the recommendation and conclusion was that there were land use srudies going on which, hopefuJJy, would compel developers to come in and build a higher and better use in that area. That was why the permit was on one-year increments. Commissioner Willett said the Citizens Advisory Group was preparing a draft EIR report on the Otay Regional Valley Park which was about ready for publication. One of the problems was identifying the park boundaries. The rest of the City could not do anything for any of the people until that repoIT was out and identified and a fmal EIR issued with park boundaries identified. Commissioner Davis could not support the motion to defer; she did not think they would have the answer in two weeks and the Commission should go ahead and approve the conditional use pe=it, and then have staff work with the need for road improvements based on improvements to the properTy where there would be a nexus for requirement. (The meeting was intemJpted at 9:10 p.m. because of a fire a]a= and resumed at 9:30 p.m.) J-4.1.. - . - Commissioœr Davis left ¡be meeting at 9: 10 p.m. Commissioner Thomas asked ¡bat his motion be amended to accept staffs recommendation with ¡be purview that staff understands their concern for ¡be street condition and ¡be dust and to check into calling tœ deferral in. The motion died for a lack of a second. Commissioner Thomas restated his original motion to continue the item for two weeks, based upon Mr. Lee's suggestions. Commissioner Willen concurred. Commissioner Salas asked that Condition E on page 6 be reviewed. She understood that the applicant would apply the magnesium chloride at least three times a year. This condition said that it would be applied to all driving surfaces at least once a year. She wished to see it put in ¡be condition that it was at least three times a year, or perhaps quarterly. Mr. Miller said the wording should reflect that it would be spring, summer, and fall at the very minimum and during any other time of the year, including the months in between, if the Zoning Administrator so determined. Commissioner Salas asked if the residents in the neighborhood called and complained that there was a dust problem, would that prompt the Zoning Administrator to visit the site to make sure things were in order. Mr. Miller concurred. Mr. Lee said they would review that condition along with the others and discuss it further with the applicant to clarify. VOTE: 4-0 to continue for two weeks (Commissioners Ray and Tuchscher ahsent; Commissioner Davis had left the meeting) J- c/J Att.chment 6 THE ern' OF CHL'LA \'ISTA DISCLOSURE STATßE\T ~["'e""'1H III d"closure 01 eCfl:1I1I ""'lInsllip jilieresis. P"YJJ1cJ}1s, or eaIT'.p"'fn COnlr'¡,u"""" OJ} all ¡""[Ins wl"cli wi]1 require discre:jonary action on the pan of the Cily Council, Planning Commission, 2o1d all oÙJcr official bodies. Tne following information must be disclosed; 1. List the names of all persons have a financial interest in the contract. i.e., contractor, subcontractor, material supplier. Henry Hunte Letitia Swortwood Emily Hunte Black 2. ]f any person identified pursuaDt 10 (I) above is a COrporation or partnership, list the names of all individuals owrung more than 10 % of the shares in the corporation or owning any partnership imerest in the pannorship. 3. If any person identified pursuaDt to (I) above is non-profit organization or a trust, list the names of aDY person serving as director of the non-profit orgaDization or as trustee or beneficiary or trustee of the trust. 4. Have you had more thaD 5250 worth of business transacted with any member of the Ciry staff, Boards, Corrunjssions, COrrunjttees aDd Council within the past twelve months? no 5. Please identify each and every person, including any agents, employees, collSultaDts or independent contractors who you have assigned to represent you before the City in this matter. ::;~~: :::;;~n 6. Have you and/or your officers or agents, in the aggregate, contributed more thaD 51,000 to a Council member in the current or preceding election period? Yes [ ] No [ ] If yes, state which Council member(s): . Pmon is defmed as: . A1Jy individual, finn, co-pannmhip, joint venw",. association, social club, fraternal organiution, corporation. eState, truS!, receiver, syndicat:, this and any other county, city and county, ci~', murucipality, district or other political subdivision, or any other group or combination acting as a urut. . (NOli.: Anacb additional pages as necmary Date: rul", I ~ ç , Signature of Contract .1'/ A\\~ M. ::r;;- "- '<:. S Prim or type name of contractor/applicaDt J - tI'-I WPC:F:IIIOMEIPLANNING\sTDRED\l021'A.93Rd. 1020.93)(R,r. 1022.93) Page 11 .. RECEIVED PETERSON & PRICE E~WARO r. W~ITTC£R ^ PROFESSI~~y~RP(""TlCSP 12 P 2 :44 TELEPHONE MARSHAC A. SCARR 619-234-0361 MATTHEW A. PETERSON lARRY N. MURNANE 530 B STREET, SUITE 2300 FAX "ENNIHIt c. CUSIC' SJ.N DIEGO. CALlFOR.NI~f'leF~UlA VIST A 1619) 234-4785 - TY CLE K'S OFFICE INTERNET or COUNsn ,^W@PCTERSONPROCL.COH PAUC A. PETERSON FILE No. Septembe:!: 12, 1997 4994.003 Chairperson Mayor Shirley Horton and Members of the city of Chula Vista Redevelopment Agency 276 Fourth Ave. Chu1a Vista, CA 91910 Re: Tuesday, September 16, 1997 Agenda Item No. 3 Fenton/C.M.I. Special Use Permit No. SUP 96-06 Dear Chairperson Mayor Horton and Members of the City of Chula vista Redevelopment Agency: We represent California Multimodal, Inc. (C.M.1.) with regard to the above-referenced application. Our client is the operator of a truck storage facility located at 2451 Faivre St. The purpose of the Special Use Permit (SUP) is to authorize an additional two years for C.M.I.'s operation, and at the same time assure that certain mitigation measures are implemented to reduce to the greatest extent possible any impacts on the surrounding area. We are pleased to inform you that our client (throughout t.he processing of this SUP Application), has been implementing all of the necessary mitigation measures to reduce identified impacts to - .. . - Chairperson Mayor shirley Horton and Members of the City of Chula Vista Redevelopment Agency September 12, 1997 Page 2 the surrounding area. As a result, when this matter was heard by the Planning Commission and recommended for approval, there was no opposition to the request! We do have one issue however with regard to the recommended mitigation monitor and the costs associated with the ongoing monitoring. While our client believes it is reasonable to have a monitor during the first six months, following that, the monitor should only be called on an "as needed" basis at the direction of staff if a problem or other concern arises. As the Mitigated Negative Declaration is currently written, the mitigation monitor is required to visit the site once every other week for the first nine months. After that, the mitigation monitor must perform monthly inspections. We would request that the Redevelopment Agency consider having the mitigation monitor conduct visits once everv other week for the first six months and then after the first six months onlY at the reauest of City staff in the event that a Droblem or other issue arises. We believe that this is a reasonable compromise especially since our client is not aware of any recent complaints after it has implemented the various measures. Chairperson Mayor Shirley Horton and Members of the City of Chula Vista Redevelopment Agency September 12, 1997 Page 3 Thank you for your consideration of this request. Sincerely, PETERSON & PRICE ~"on., Corpor.Uon ~~ Matthew A. Peterson cc: Martin Miller, Associate Planner, Planning Dept. Lynne L. Heidel, Esq., Stephenson Worley Garratt Schwartz Heidel & Prairie, LLP C.M.I., Inc. - - .', -