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Home My WebLink AboutPlanning Comm Reports /2007/07/11 REVISED AGENDA NEW LOCATION MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, July 11, 2007 City Hall Executive Conference Room Chula Vista, CA CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Planning Commission: Felber _ Vinson_Moctezuma_ Bensoussan Tripp_Clay ton_ Spethman_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE: ORAL COMMUNICATIONS: Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commissions' jurisdiction, but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. ACTION ITEM: Planning Commission Interpretation of Village 11 PC District Regulation, Proposed Drive-Through Bank of America in the Mixed-Use (MU-1) Otay Ranch Village of Windingwalk (Village 11) Marketplace Shopping Center. Presenter: Harold Phelps, Associate Planner 2. Special Order of Business: Appointment of New Planning Commission Chair and Vice Chair for FY 07-08. Planning Commission Agenda -2- July 11, 2007 DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a Regular Planning Commission on July 25, 2007. AGENDA MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, July 11, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Planning Commission: Felber Vinson Moctezuma Bensoussan Tripp_Clay ton_ Spethman_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE: ORAL COMMUNICATIONS: Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commissions' jurisdiction, but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. ACTION ITEM: Planning Commission Interpretation of Village 11 PC District Regulation, Proposed Drive-Through Bank of America in the Mixed-Use (MU-1) Otay Ranch Village of Windingwalk (Village 11) Marketplace Shopping Center. Presenter: Harold Phelps, Associate Planner 2. Special Order of Business: Appointment of New Planning Commission Chair and Vice Chair for FY 07-08. Planning Commission Agenda -2- July 11, 2007 DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a Regular Planning Commission on July 25, 2007. AGENDA NO. ~I~ ~~-: ~ ~- OlY OF (HUlA VISTA Memorandum Deparb:nent: of Planning and Building Date: July 11,2007 From: Planning Commission A~/ Jim Hare, AICP Assistant Planning Direc~ ~ Richard M. Rosaler, AICP, Principal Pla-"l.{"15J Designated Zoning Administrator for Ott~d'.'- To: Via: Subject: Planning Commission Interpretation of Otay Ranch Village 11 Planned Community (PC) District Regulations for Proposed Drive-Through Bank in the Mixed-Use (MU-I) District. Back!?round: The Otay Ranch General Development Plan (GDP) policies establish the pedestrian-orientation Village Concept for all commercial and residential projects within each village within the Otay Ranch. Those policies focus on creating a pedestrian environment especially within the village core of each village. The policies are intended to concentrate activities to create a small town environment, enhance pedestrian access and discourage multiple auto trips. In the Planned Community zoned communities of eastern Chula Vista, the Sectional Planning Area (SPA) plans contain PC District Regulations that are the zoning ordinance for the village or community. The Village II SPA Plan PC District Regulations were approved in 2001 with the adoption of the SP A Plan. In reviewing the permitted and conditionally permitted land uses with the developers of Village 11, staff had originally opposed drive-through for any commercial land use. The developer suggested that fast food restaurants facility should be allowed with a Conditional Use Permit, since typically 50% of their sales come from drive through facilities. The City Council approved the PC district regulations with fast food restaurants as the only commercial use with drive throughs. As in all of the PC district regulations, the Planning Commission is given the authority to interpret the Village II SPA PC District Regulations when clarification is needed on land uses or development regulations. The Design Review Committee approved The Marketplace shopping center at Windingwalk in the Mixed-Use (MU-I) district in 2005. The approved site plan provided for two development pads with drive-through facilities as part of their business operations (see attached site plan, development pads Village 11 PC District Regulation Interpretation July 11, 2007 #6 and #7). It was anticipated that these two pads would have fast food restaurants that would require future CUP's. Proposal: The developer of the shopping center is proposing that an "In-and-Out Burger" fast food restaurant be located on Pad #7. The proposal is to replace the second fast food restaurant drive-through pad (pad #6) with a "Bank of America," and the PC District Regulations are silent as to whether or not a drive-though facility can be included with a financial institution land use. The applicant is requesting that the Planning Commission to interpret the PC District Regulations to include drive through for financial institutions. There are two possible interpretations which could be applied: (1) that the drive through provision for fast food is similar in nature to the proposed financial institution drive through proposal, or (2) that a drive through is a function nonnally attendant to a financial institution, and that the existing permitted use of the bank can be read in conjunction with the drive through allowance for fast food restaurants. Analvsis: The Village II SPA Plan PC District Regulations were approved with the compromise to allow fast food restaurants the ability to incorporate drive-through facilities in the future mixed-use (MU-I) development area. When the DRC approved the Marketplace at Windingwalk Shopping Center, they allowed development pads #6 and #7 that have frontage on Eastlake Parkway to include drive-through facilities. Staff views the provision allowing fast food restaurants narrowly, in order to support the pedestrian objectives of the Otay Ranch General Development Plan. Thus, if pad #6 is unable to attract a restaurant, the provision should not be spread to include a financial user. Staff also opposes an interpretation that financial institution is entitled to a drive through as a normally attendant use, again due to the objective of achieving a pedestrian-oriented shopping center. Although the shopping center is a hybrid because of development pad #7, it has strong pedestrian- orientation features for all businesses fronting Birch Road and Discovery Falls Drive, where a total of39 of the 43 residential units on the MU-I site include mixed-use shopkeeper storefronts on the ground level. Of note, the applicant for the Bank of America has already submitted (at risk) building permit plans for a bank building without a drive-through facility. In addition, there is another financial institution (Wells-Fargo) proposed for building pad # I that fronts on Birch Rd, and it is understood by that bank that there is no opportunity for a drive-through facility. Recommendation: The Village II PC District Regulations provide that the Planning Commission may make interpretations of the regulations. The Zoning Administrator is recommending denial ofthe request by the applicant to allow a financial institution to replace the fast food restaurant on development pad #6. Staff does not believe a financial institution land use can be considered to be substantially the 2 Village 11 PC District Regulation Interpretation July 11, 2007 same as the fast food restaurant land use, nor would it meet the intent of the requirement for limiting the number of drive-through business operations to a total of two for the shopping center on development pads #6 and #7. If the Planning Commission finds that the financial institution can replace the permitted fast food restaurant land use for development pad #6, then the financial institution can proceed to obtain an administrative Conditional Use Permit and Design Review permit, similar to what will be required for the proposed "In-and-Out Burger" fast food restaurant for development pad #7. If the Planning Commission concurs with the recommendation of denial by the Zoning Administrator, the remaining option for applicant would be to pursue an ordinance amendment to change the zoning within the Mixed-Use District of the Planned Community (PC) District Regulations allow a financial institution to obtain a Conditional Use Permit for a drive-through facility. Attachments: I. Village Eleven PC District Regulations, Mixed-Use Districts, Table 11.3.4-1 Permitted Use Matrix Mixed-Use District (pp. 4-1-3) 2. Design Review Committee 8/1/05 Staff Report, p. 5, Analysis Regarding Drive-Through 's, Notice of Decision, p. 16 Condition C-l, CUP requirement for Drive-Through's 3. MU-I Marketplace at Windingwalk Shopping Center Approved Site Plan J :\PLANNING\HAROLD\OTHER\PC _V -11_ MU-l_ DRIVE- THRU.DOC-RR 3