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HomeMy WebLinkAboutRCC MIN 2002/12/02MINUTES OF A REGULAR MEETING OF THE RESOURCE CONSERVATION COMMISSION December 2, 2002 Ken Lee Building Conference Room 430 "F" Street MEETING CALLED TO ORDER by Chair Teresa Thomas at 6:30 p.m. ROLL CALL/MOTION TO EXCUSE MEMBERS PRESENT: Chair Teresa Thomas, Vice-Chair Doug Reid, Commissioners Juan Diaz, Stanley Jasek, John Chavez and Pamela Bensoussan (6:35 p.m.) STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator Maria Muett, Associate Planner Steve Power, Environmental Projects Manager Paul Hellman, Environmental Projects Manager Mary Ladiana, Environmental Projects Manager Alex AI-Agha, Senior Civil Engineer Lombardo de Trinidad, Civil Engineer Dave Kaplan, Transportation Engineer Perla Selner, Recording Secretary OTHERS PRESENT: Danielle Putnam, RBF Gary Fink, EDAW Joe Monaco, Dudek & Associates Laurie Madigan, McKinley Nielsen Sharon Floyd, 273 "D" Street Sam Kalasho, Resident Sandy Duncan, Resident Terri Ibarra, McMillin Companies Vincent Ferrer, McMillin Companies APPROVAL OF MINUTES: November 4, 2002 Chair Thomas stated that she Felt that on page 6 under Public Comments Mr. Scott's comments regarding the durability of the red seal on the pavement should have been included in the minutes. Also, Mr. Watry made several key comments (page 7) that should be in the minutes regarding the likely future use of the proposed new crosswalk. Chair Thomas also noted that under Item #3 - 2003 RCC Meeting Schedule it stated that the RCC meeting on January 13, 2003 would start at 6:00 p.m„ when, actually, the General Plan Update Steering Committee meeting starts at 6:00 p.m. Ms. Marilyn Ponseggi (Environmental Review Coordinator) stated that the minutes correctly reflect the schedule that was presented at that meeting. RCC Minutes - 2 - December 2 2002 Commissioner Bensoussan felt that Mr. Scott's statements under Public Comments should be elaborated on in the minutes particularly in light of his technical knowledge on the subject. Ms. Ponseggi indicated that staff would go back and listen to the tape and expand on the public comments section of the minutes. She also reminded the Commissioners that summary minutes are prepared, not verbatim. MSC (Jasek/Chavez) to approve the minutes of November 4, 2002 with the abovementioned additions. Vote: (6-0-0-0) Chair Thomas and Commissioner Bensoussan requested that the approved minutes with the modifications be included in the next RCC packet. ORAL COMMUNICATIONS Ms. Sharon Floyd (273 "D" Street, Chula Vista, CA 91910) asked what the process would be to designate Friendship Park as a historic site since it is where fhe first elementary school playground was located. She stated that she and other citizens are very concerned about the proposed removal of trees in Friendship Park and what the City is planning to do in the Park. Ms. Ponseggi cautioned the RCC that they could not take action or discuss anything under Oral Communications. They could refer it back to staff to bring to a future RCC meeting. She stated that the City Council had directed staff to hold a public meeting on the landscape plan. Parks & Building Construction staff is in the process of scheduling a public meeting for sometime in December to discuss the issue of the trees and the landscape design. By consensus the Commission requested that staff bring back a report on if the park could be designated as a historic site to the next meeting. Ms. Ponseggi stated that she would try to have the report back to the next meeting, but depending on the research necessary for the report, it may have to put it off to a later meeting. NEW BUSINESS 1. Mills Act Contract for 435 "E" Street Ms. Ponseggi reported that the applicant had called saying she was very confused by what the Mills Act program was. She thought it was a program where the City would come in and pay to remodel her house. She did not realize it was a tax savings program for her to remodel her house. So, she has permanently withdrawn her application. She does not have any desire to have the property tax savings on the house. She understands and has advised staff of that and will be delivering a letter stating that to the office tomorrow. No further action is necessary on the part of the RCC. Chair Thomas wanted it stated for the record (for future RCC members) that the house is still designated historic, and the owner did not want to pursue an application for the Mills Act. 2, IS-02-05 -Fourth Avenue 8 "C" Street Commercial Center Ms. Maria Muett (Associate Planner) reported that this 2.67-acre parcel located on the southeast corner of Fourth Avenue and "C" Street is currently developed as a commercial center. The proposed project consists of the demolition of five of the seven existing RCC Minutes - 3 - December 2, 2002 buildings. The two remaining buildings are adrive-thru restaurant and a retail building. New construction would consist of a Sav-On Drug Store with drive-thru pharmacy, a retail space, a retail kiosk and adrive-thru restaurant. The total square footage on the site would be reduced by 2,852 square feet, resulting in a total of 24,154 square feet. Staff identified three items that have potential environmental effects: geophysical, water/drainage and noise. The loading dock noise level of 60 dBA exceeds the City Noise Ordinance nighttime noise level of 50 dBA; therefore, no truck deliveries will be permitted between 10:00 p.m. and 7:00 a.m. weekdays and 10:00 p.m. and 8:00 a.m. weekends. Chair Thomas stated that the intersection is in need of the improvements discussed in the report; however, she wanted to make sure the crosswalks were safe for families and children going to Eucalyptus Park. Mr. Alex AI-Agha (Senior Civil Engineer) described the improvements to the intersection. Overall improvements would improve access to the park and accommodate all pedestrian traffic. Chair Thomas questioned access to Eucalyptus Park. Ms. Ponseggi stated that the park was not part of the project. The Commission should only be concerned if the environmental document for the project before them was adequate. Commissioner Bensoussan asked about the landscaping plans because she had concerns regarding the aesthetics. Mr. AI-Agha stated that there are no final landscaping plans. Ms. Ponseggi stated that landscaping plans are part of the final design. The project will go to the Design Review Committee (DRC) who has the purview over the design and landscaping. Commissioner Bensoussan noted that under AESTHETICS of the checklist it asked if the project would have a demonstrable negative aesthetic effect. She felt there was a negative impact. Ms. Ponseggi suggested that Commissioner Bensoussan could make, as a secondary motion, a recommendation that the DRC strongly look at landscaping. In order for the RCC to be discussing it as not being adequately addressed in the document, it has to be significant per CEQA. Mr. Sam Kalasho (owner of a liquor store across from the project) was concerned if he would still be in business when Sav-On comes in. Ms. Ponseggi stated that the City does not regulate competition between businesses. Ms. Floyd stated that she was trying to work with the City to develop a grant to finish the sidewalk on the west side of Third Avenue. She was delighted to see the project come in, but north of the project there is a drain and no sidewalk. There is no sidewalk at the top of the hill. She is trying to get extra money from somewhere to get that finished. Is this project within the existing sidewalk? Is the City going to take a look at that drain because there is standing water in there. Mr. AI-Agha explained that the City would create a capitol improvement project to deal with minor improvements of this nature. He was not aware of the existence of any funding for that specific sidewalk. He would be more than happy to talk to and work with Ms. Floyd. Commissioner Jasek felt this was an ideal opportunity to improve a negative situation pertaining to the bus stop and through traffic on Fourth Avenue. Since the bus stop is going to be moved, could we not look at a redesign of this bus stop such that it might take the bus out of the flow of traffic? Mr. AI-Agha responded that there were two major obstacles in installing the bus stop at that particular location: 1) the existence of a storm drain, and 2) a major SDG&E vault at that location, which would be extremely expensive to relocate. RCC Minutes - 4 - December 2. 2002 MSC (Chavez/Reid) to approve staffs' recommendation. Vote: (5-0-1-0) with Diaz abstaining because he resides within 500 feet of the project. MSC (Bensoussan/Chavez) to recommend to the DRC that in considering the design of the project they be aware that the site is a gateway to the historic core of the City and; therefore, landscaping should be heavily used to buffer the "big box' design. Vote: (5-0-1-0) with Diaz abstaining because he resides within 500 feet of the project. 3. EIR-02-04 - Otay Ranch Freeway Commercial Commissioner Chavez recused himself from this item because of his employment and conflict of interest. Ms. Danielle Putnam (RBF Consulting, 9755 Clairemont Mesa Blvd., Suite 100, San Diego, CA 92124) reported that this project consists of approximately 133 acres. It is designated in the Otay Ranch General Development Plan as an auto-oriented freeway commercial that does include big boxes. It is planned for approximately 1.2 million square feet of retail use. The development will occur in four phases over a maximum of 5 years. The property does have two different landowners: McMillin (the project applicant) and Otay Ranch Company. There are two internal streets that serve the project. There are supposed to be two transit lines serving the project area. Staff has been working very closely with MTDB. Ms. Putnam described the site plan for the Freeway Commercial. Mr. Steve Power (Environmental Projects Manager) gave a PowerPoint presentation on the Otay Ranch Freeway Commercial Environmental Impact Report (EIR). The project site consists primarily of agricultural fields that are highly disturbed. There is nothing of significant biological value. The EIR looked at 13 issues. Of those issues, nine are significant and require mitigation. The primary issue is traffic, the impact of which would be mitigated to below a level of significance. Chair Thomas voiced concerns regarding geology, water and solid waste. Mr. AI-Agha and Ms. Ponseggi responded to her concerns. They also referred Chair Thomas to specific pages in the EIR that dealt with the issues of her concerns. MSC (Diaz/Reid) that the EIR has been found adequate and to recommend certification by the appropriate decision making bodies. Vote: (5-0-1-0) with Chavez abstaining. Commissioner Chavez returned to the meeting. 4. MSCP Subarea Plan Ms. Mary Ladiana (Environmental Projects Manager) presented a brief report on the City's Multiple Species Conservation Program (MSCP) Subarea Plan and Supplemental EIR/ Environmental Assessment (EIR/EA). Due to the length of time that had passed since the RCC last saw the MSCP, Ms. Ladiana gave a brief background of the draft MSCP. Additional documents were prepared such as an implementing agreement, implementing ordinances and General Plan Amendment. The MSCP is a comprehensive long-term habitat conservation program that addresses the habitat needs of sensitive plant and animal RCC Minutes - 5 - December 2, 2002 species. The MSCP area covers approximately 900 square miles in southwestern San Diego County, which includes the City of Chula Vista boundaries. Ms. Ladiana reviewed additional key features of the MSCP and required discretionary actions to adopt and implement the Plan. Ms. Ladiana then briefly reviewed the contents of the Supplemental EIR/Environmental Assessment. Staff Recommendation: That the RCC recommend certification of the draft Supplemental EIR/Environmental Assessment and adoption of the MSCP Subarea Plan. Chair Thomas noted two typos in the EIR, Appendix A, page A-20. Ms. Ladiana stated that she would ask the consultant to make those corrections. Chair Thomas did not feel comfortable about the implementing ordinances since the RCC did not have a copy of them. For instance, she wanted to know how the Habitat Loss and Incidental Take (HLIT) ordinance was being changed or updated. Ms. Ladiana indicated that the HLIT ordinance was a new ordinance, which addresses that 1% of land that is now addressed under "Covered Projects". She referred Chair Thomas to a table on page 3-18 of the MSCP Subarea Plan. Chair Thomas raised concerns regarding brush management around adjacent residences ^^-~ ••~ *~ ^ •~^ °-^^^^•^. Was it the same as in the Otay Regional Park Preserve? Ms. Ponseggi referred her to page 7-18 of the MSCP Subarea Plan dealing with emergency brush management. The entire Section deals with brush management within various parts of the Preserve. Commissioner Chavez asked if there were any signifcant unmitigated impacts or significant mitigated impacts. Ms. Ladiana responded that there are no mitigation measures because this is a conservation plan rather than a development plan. MSC (Thomas/Chavez) to recommend certification of the draft Supplemental EIR/ Environmental Assessment. Vote: (6-0-0-0) MSC (Thomas/Reid) to recommend approval of the MSCP Subarea Plan. Vote: (6-0- 0-0) Chair Thomas requested a copy of the implementing ordinances. INFORMATIONAL ITEM 5. Revised 2003 RCC Meeting Schedule Ms. Ponseggi presented the revised meeting schedule with changes made to accommodate the General Plan Update Environmental and Open Space Subcommittee and Steering Committee schedule: Chair Thomas stated that the June 2, 2003 RCC meeting was not indicated. She felt there was a huge gap between the April 28 and June 23, 2003 General Plan Update Environmental and Open Space Subcommittee meetings. She recommended that the June 2, 2003 RCC meeting be substituted for a General Plan Update Environmental and Open Space Subcommittee meeting. RCC Minutes - 6 - December 2. 2002 Chair Thomas also noted there was a conflict between the RCC and General Plan Steering Committee meetings on January 13, 2003. She suggested that the RCC meeting be rescheduled for January 6, 2003. Ms. Ponseggi stated that would not be possible because it is the Monday after the furlough and there would be no staff to get an agenda out. She suggested the RCC meeting start at 4:00 p.m. on January 13, 2003 in order for Chair Thomas to attend the 6:00 p.m. General Plan Steering Committee meeting. The rest of the Commission agreed to the earlier time. ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: None CHAIR COMMENTS Chair Thomas received a creative project video from one of her students. She wanted to ask the RCC GPU Environmental Subcommittee to look at the 8-minute video showing students' perception of Chula Vista at the next GPU Environmental Subcommittee meeting. Ms. Ponseggi requested a copy of the video for staff to view prior to the video being shown at a Subcommittee meeting. 6. Friendship Park Tree Removal Letter to City Council Ms. Ponseggi indicated that the letter had gone to the City Manager's office for distribution, but she did not know if that had been done. Chair Thomas noted for the record that Commissioner Chavez was not present at the meeting when the letter was approved. His name should be removed from the letter. COMMISSIONER COMMENTS: Commissioner Diaz invited everyone to his company's Christmas party on December 13, 2002. ADJOURNMENT: Chair Thomas adjourned the meeting at 9:40 p.m. to a special meeting on Monday, January 13, 2003, at 4:00 p.m. in a conference room to be determined. Prepared by: y~ ~ ,«« ~ /2 ~w`t-r Linda Bond Recording Secretary (A:\Ilb\RCC#3\RCC 7 20202Mins.doc)