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Home My WebLink AboutPlanning Comm Rpts. /2005/12/14 AGENDA MEETING OF THE PLANNING COMMISSION Chula Vista, California 6:00 p.m. Wednesday, December 14, 2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER ROLL CALL/MOTIONS TO EXCUSE Madrid_ Felber_ Bensoussan_ Cortes_ Hom_ Nordstrom_ Tripp_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCC 05-24; Consideration of a modification to an existing Conditional Use Permit to allow for the doors along the south facing elevation of the existing truck terminal located at 120 Press Lane to be operational to 24 hours a day. G.I. Trucking. Project Manager: Jeff Steichen, Associate Planner DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585- 5647, California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 12/14/05 I ITEM TITLE: Public Hearing: PCC-05-024 consideration of a modification to an existing Conditional Use Permit to allow for the doors along the south facing elevation of the existing truck terminal to be operational to 24 hours a day- GJ. Trucking The Applicant, G.I. Trucking, represented by Weston Benshoof, submitted a request to modify the conditions of approval of an existing conditional use permit in order to allow the south facing doors of existing truck terminal located at 120 Press Lane to remain open 24 hours per day. (see Locator Map, Attachment 1). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05-0 10, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that there is no substantial evidence, in light of the whole environmental record before the City of Chula Vista, that the project many have a significant effect on the environment; therefore, the Environmental Review Coordinator has prepared a Negative Declaration, IS-05-01O (see Attachment 3). During the public review period, three (3) comments were received from adjacent residents expressing concerns related to potential nighttime and early morning noise impacts as well as potential traffic impacts. These issues are summarized below. Public comment letters and City responses are shown in Attachment 4. RECOMMENDATION: That the Planning Commission adopt Negative Declaration IS-05-0 10 and Resolution PCC-05-024 approving a modification to Resolution No. 7051 to allow keeping the south facing doors open 24 hours a day. DISCUSSION: 1. Project Description The ongoing project consists ofthe operation of a truck terminal at 120 Press Lane. The main dock facility consists of an approximately 25,000 square foot warehouse with 24 truck docking bays on the south side of the building and 24 docking bays on the north side of the building. There is one roll-up door for every two docking bays; 12 on the south side and 12 on the north side. The facility handles the transfer of shipped foods for distribution to other terminals and customers. (See Attachment 2) Page 2 , Item: Meeting Date: 11/30/05 2. Project Background On November 16, 1973, the City Council approved PCC 73-7 to allow a truck tenninal operation to be constructed and operated from the project site. This request for a conditional use pennit was originally denied by the Planning Commission based upon concerns from residents of the mobile home park to the south. The City Council approved the project, on appeal. Due to the location of existing mobile home park to the south, a condition was imposed which stated that the south facing doors could not be open between the hours of 6 pm to 6 am. Subsequent to this time, the area between the truck tenninal and the mobile home park been filled in with additional industrial development. In addition, Freeway 54 just north ofthe site was constructed raising the ambient noise level. There has been one code enforcement case back in October 2002 based upon a complaint. There was evidence that the south facing doors had been open between the restricted hours of 6:00 p.m. to 6:00 a.m. The operations manager claimed to be unaware ofthe restricted hours. In December 2002 the case was abated and the south facing doors kept closed during the nighttime hours. There have been no code enforcement complaints since this time. 3. Project Setting: The property is located at 120 Press Lane and consists of a 4.34 acre site that is improved with a truck tenninal building, an attached office building and a separate machine shop. G.!. Trucking is authorized to operate under Conditional Use Pennit PCC 73-7. This application seeks only to remove Condition No.3 that limits the hours when the south-facing doors may remain open. Immediately to the north ofthe project site is the 54 Freeway. The freeway lies atop a 30-foot benn, with no sound walls, at a height this roughly the same as the residential uses to the south of the freeway and southeast of the G.!. Trucking tenninal. To the south is an existing industrial park containing thee industrial buildings. To the east, there is a multi-unit residential development. There is an open lot in the IL Zone to the southeast (diagonally across from G.!. Trucking at the corner of Press Lane and Trousdale), that is partially operated by a construction company. This lot is unimproved, but contains several industrial trailers and stacks of construction supplies. The back half of this lot slopes sharply up to a height of approximately 60 feet. Beyond this to the southeast, approximately 250-300 feet from the G.!. Trucking facility, are twelve lots in the Single-Family Residential (R -1) Zone. Page 3, Item: Meeting Date: 11/30/05 4. General Plan, Zoning and Land Use Site General Plan Zoning Existing Land Use Orientation Site Light Industrial IL Truck Tenninal. North --------- ------ Highway 54 South Light Industrial IL Industrial Park East Residential R3 Residential West Light Industrial IL Self-storage; light industrial 5. Staff Analysis Current Operation: The truck tenninal facility handles the transfer of shipped goods for distribution to other tenninals and customers. G.!. Trucking tractors bring their trailers to the site, and the trailers are detached and moved by an on-site "hostler" (a truck and drive that only moves trailers on-site) to one ofthe empty shipping bays, where the cargo is unloaded for later distribution to other docked trailers. The cargo is moved within the building with fork-lifts. If all of the available truck bays are occupied, newly arriving trailers are temporarily parked elsewhere on-site, without their tractors. When a docking bay becomes free, the hostler moves a trailer to that position for loading and/or unloading. Because of the current CUP restrictions on south-facing operations, the bays on the north side are almost always occupied when truck arrive at the facility between 6:00 p.m. and 6:00 a.m. Because the number of available bays is halved between the hours of 6:00 p.m. and 6:00 a.m, the amount of hostling during this time period may be more than double and much of this increased activity is on the south side ofthe facility. Transportation/Traffic No increase in truck traffic is anticipated due to the proposed CUP modification. As indicated in the Negative Declaration, the project proposal would not include expansion of operations at the site beyond the present daily truck traffic. Expanded access to the south dock bays would only allow the facility to operate in a more efficient manner by reducing existing trailer movement. Access to the project site is proposed to also remain via the existing truck route on streets within the industrial area. No traffic impacts are anticipated. Page 4 I Item: Meeting Date: 11/30/05 Noise Noise concerns by residents of the Chula Vista Mobile Home Park to south, resulted in the City Council imposing restriction of use ofthe south facing bay doors during the nighttime hours as the time they approved the project in 1973. Conditions have changed since that time including the buildout of the industrial park to the south and east, which has helped to buffer the truck tenninal from mobile home park residents and reduced potential for noise is that direction. In addition, the 54 Freeway has been constructed since the CUP was approved and is a noise generator for the surrounding area. The applicant has indicated that a modification of Condition No.3 is needed to conduct more efficient operations in order to serve customer demands for shipping services. It is their opinion that, by increasing the operation efficiency, the removal of current restrictions on the south side bay doors could actually result in a reduction in noise on the south side of the facility as well as the overall facility during nighttime hours. This could further result in less impact to homes to the southeast of the site. The applicants rationale for the proposal is that the expanded access to the south docking bays will reduce the number oftimes trailers are moved on the site resulting in more efficient operations and a reduction in nighttime noise from the facility. Presently, when there are no available docks, the detached trailers are parked until a docking bay becomes available for loading and/or unloading. No increase in truck traffic entering the facility is anticipated due the proposed CUP modification and no physical changes to the facility are proposed. Proposed condition of approval number 1 addresses the acceptable level of truck activity (See Attachment 6) An Initial Study conducted by the City of Chula Vista detennined that the proposed proj ect would not have a significant effect on the environment. As part of the preparation of the Negative Declaration, a noise report was prepared to assess the impact of the project on the surrounding industrial uses and nearby residential neighborhoods. In response to the comments received, additional nighttime noise measurements were conducted on the project site and off-site near the single-family residences. The measurements verified the existing nighttime noise level and detennined that the noise standards during the nighttime hours would not be violated as a result of the proposal. Nuisance Noise The project noise analysis indicates that on-site activities are not anticipated to exceed the applicable City noise standards; however residents adjacent to the project may perceived on-site activities as a nuisance noise over intennittent periods oftime. Intennittent noises that currently occur as a result of pennitted industrial activities such as metal plates being lowered, vehicle back up bells and forklift operations were also analyzed. The noise study also concluded that these noises would not violate the City's noise regulations. According to the noise analysis, these intennittent nuisance noises would not violate the City's noise regulations. At the same time, Chapter 19.68 also addresses nuisance noise and violations and penalties that may ensue from such. Page 5, Item: Meeting Date: 11/30/05 A total of three letters in opposition to the project have been received by the City. This opposition is based primarily upon nuisance noise (see Attachment 5). The properties in question are located southeast of the proj ect site, and are at the northernmost edge near top of 60 foot down slope into the valley which contains the trucking operation. In an effort to further ameliorate the nuisance noise concerns ofthe residents in this area, the project has been conditioned to require rubberized material to be placed on the loading docks to mitigate any clanging noises associated with the gate of the truck hitting against the surface of the loading dock. The applicant has provided infonnation as to the general specifications ofthe type of dock levelers used in their system. Rubber bumpers are currently required on these levelers. A condition of approval requires that said rubber bumpers be kept in good working order at all times in order to minimize nuisance noise impacts to the surrounding area. Limitations on expansion: The applicant has indicated that the intent oftheir request to modify the existing CUP is in order to operate more efficiently and safely at this location and that this could lead to an overall reduction in nighttime noise to the facility. Their intent is not to provide for physical expansion to the site. However, the applicant is concerned about placing a cap on any possible future expansion of operations. Staff has worked with the applicant on this concern to detennine if there is a way to minimize the concern over opening of the south facing doors at night and, at the same time, not restrict their daytime operation or expansion. Because the noise study clearly used a worst case scenario of 20 truck trips per hour, which would generate a db level approaching the maximum allowed, staff has detennined it necessary to condition the project to limit nighttime activity levels between the hours of 10 pm and 7 am on weekdays and between 10 pm and 8 am on weekends per CYMe. Although there are 24 truck bays (and 12 doors) located on both the north and south sides of the truck tenninal, there are occasions where the most efficient truck transfer will occur if trucks are located on opposite ends of the tenninal. Under the current restriction, this is not possible, which results in extra amounts of jostling between trailers. Further, a proposed condition of approval indicates that in 6 months a report will be prepared for the Planning Commission describing the operations since this modification was approved. Ifthere are any nuisance complaints based upon noise or traffic further action may be taken. As a part of this review, the applicant may request at that time for an increase in the number of trucks utilizing the south facing doors during the nighttime: This may trigger the need for additional environmental reVIew. Conclusion Staff believes that the applicant's proposal is reasonable and recommends the Planning Commission Page 6, Item: Meeting Date: 11/30/05 adopt the proposed Resolution PCC-05-24. This Resolution outlines the provisions for the operation of the truck terminal operation in a manner compatible with surrounding uses. Attachments 1. Locator Map 2. Applicants statement ofjustificationlLetters in support of proposed modification submitted with application 3. Negative Declaration 4. Response to conunents 5. Letters in opposition to proposed modification 6. Draft Resolution 7. Ownership Disclosure Statement J:\Planning\Case Files\-05 (FY 04-05)\PCC\Public Hearing\PCC-05-024\Staff Reports\PC\PCC-05-024 Staff Report,doc " \~ 't. \.. , c'r\P--\'> \..OOD ~'t.? r ~ s-N<'<'~~ . "" "-..-..-..- City of Chula Vlst~ "8?;"-:--' UnClQ '. 'Y '. " '. . . \ " . \ . . \ . . \ . . \ . . \ . . \ . . \ . . j Target ~ LOCATOR ATTACHMENT 2 APPLICANT'S STATEMENT OF JUSTIFICATION AND LETTER IN SUPPORT OF PROPOSED MODIFICATION (SUBMITTED WITH APPLICTION) ATTACHMENT "A" G.I. TRUCKING COMPANY APPLICATION FOR MODIFICATION OF CONDITIONAL USE PERMIT PCC-73-7 Applicant Information The applicant, G.!. Trucking Company is a regional "less-than-truckload" (LTL) carrier that directly serves eleven states in the western United States. (L TL carriers combine freight from multiple shippers into a single truckload.) G.!. Trucking also provides service nationally and to Canada through ExpressLINK, an alliance with regional L TL carriers. G.!. Trucking Company employs more than 1,200 people. With its fleet of about 600 trucks and 3,250 trailers, G.!. Trucking operates from more than 60 trucking terminals, including this facility in Chula Vista located at 120 Press Lane. G.!. Trucking also directly serves local businesses in the San Diego area such as Home Depot and Lowe's. G.!. Trucking Company's headquarters are in La Mirada, California. Existing Structures and Operations The property is located at 120 Press Lane and consists of a 4.34-acre site that is improved with a truck terminal building, an attached office building and a separate machine shop. G.!. Trucking is authorized to operate under Conditional Use Permit PCC-73-7 ("CUP"), which was approved on November 6, 1973. G.!. Trucking is and has been in compliance I with the CUP since the facility's inception. This application seeks only to remove Condition No.3 that limits the hours when the south-facing doors may remain open. The main dock facility consists of a warehouse structure with truck-docking bays. There are 24 docking bays on the south side of this building, and 24 docking bays on the north side. There is one roll-up door for every two docking bays: 12 on the south side and 12 on the north. The facility's office building is attached to the east side of this structure. There is a detached mechanics shop building on the northeast corner of the site where minor truck repairs and basic maintenance is done. The facility currently employees approximately 80 full- and part-time personnel on site, including managerial and accounting staff, on-site truck "hostlers," fork lift operators and other workers on the docking bays. There are three 8-hour shifts each day, with up to 35 - 40 employees per shift. The facility handles the transfer of shipped goods for distribution to other terminals and customers. G.!. Trucking tractors bring their trailers to the site, and the trailers are detached and moved by an on-site "hostler" (a truck and driver that only moves trailers 562802.4 on-site) to one of the empty shipping bays, where cargo is unloaded for later distribution to other docked trailers. The cargo is moved within the main building with propane- fueled fork-lifts. If all of the available truck bays are occupied, newly arriving truck trailers are temporarily parked elsewhere on-site, without their tractors. When a docking bay becomes free, the hostler moves a trailer to that position for loading and/or unloading. Because of current CUP restrictions on south-facing operations, the bays on the north side are almost always occupied when trucks arrive at the facility between 6:00 p.m. and 6:00 a.m. The CUP authorizes the facility to operate 24-hours per day, seven days a week. With respect to the south-side docking bays, Condition No.3 of the CUP restricts the hours during which these doors may be open to 6:00 a.m. to 6:00 p.m. This restriction creates a situation where trailers waiting to be loaded and/or unloaded at unoccupied north-side docking bays may have to be parked on the south side of the tenninal, possibly at one of the closed bays. When a north-side docking bay becomes free, the trailers on the south side are hostled around to the other side of the building. Because the number of available bays is halved between 6:00 p.m. and 6:00 a.m., the amount ofhostling during this time period may more than double and much of this increased activity is on the south side of the facility. All trucks that use the facility are diesel tractors, and none are "special needs" trucks, such as refrigerated trailers that require a connected tractor to be running while they are waiting to be unloaded. Land Uses in Surrounding Area The G.!. Trucking facility is located in the Limited Industrial ("IL") Zone, and is within the recently adopted "Added" Redevelopment Area in the northwest portion of the City. Immediately to the north of the project site is the 54 Freeway, which had not been constructed when the company began operations in the 1970s. This freeway now lies atop a 30-foot benn, with no sound walls, at a height that is roughly the same as the residential uses to the south of the freeway and southeast of the G.!. Trucking tenninal. There is an industrial park to the east of the facility, across Press Lane, and this area has been improved with three one and two-story industrial buildings. There is a multi-unit residential development in the Apartment Residential ("R-3") Zone approximately 250 feet to the east beyond the industrial park. There is an open lot in the IL Zone to the southeast (diagonally across from G.!. Trucking at the comer of Press Lane and Trousdale), that is partially occupied by a construction 2 562802.4 company. This lot is unimproved, but contains several industrial trailers and stacks of construction supplies. The back half of this lot slopes sharply up to a height of approximately 60 feet. Beyond this to the southeast, approximately 250 - 300 feet from the G.!. Trucking facility, are twelve lots in the Single-Family Residency ("R-l") Zone. These lots were developed after the G.!. Trucking Company's facility began operating in the mid-1970s. There is an industrial park south of the facility, across Trousdale Drive and within the IL Zone that has been improved with six one-story industrial buildings. There is a mobile home park to the southeast of the facility in the Exclusive Mobile home Park ("MHP") Zone, about 250 feet to the south beyond the industrial park on Trousdale Drive. At the time the CUP was approved in 1973, there were no buildings on the Industrial-zoned lot south of the project site on Trousdale Drive, immediately north of the mobile home park which existed at the time. However, since that time these parcels have been improved with buildings that act as a sound barrier for the mobile home park. A public storage facility is adjacent to the west, and further west are a variety of light industrial uses. Other uses in the industrial park include a high-perfonnance motorcycle shop, an off-road truck perfonnance shop and a construction company, a plumbing company, and several cabinet manufacturers. Proposed Use This application is for a modification of the existing CUP. G.!. Trucking seeks reconsideration of CUP Condition No.3 that restricts the use of the south side doors of the facility between the hours of 6 p.m. and 6 a.m. G.!. Trucking does not seek to construct any new facilities, modify any structures, or perfonn any other physical changes to the project site or an increase in operations. - A modification of Condition No.3 is needed to conduct more efficient operations in order to serve customer demands for shipping services. As G.!. Trucking seeks to provide service to Chula Vista and the surrounding areas, as well as to other facilities nationwide, the company must continue to operate in an efficient and safe manner that is compatible with the uses in the surrounding Limited Industrial Zone as wen as the nearby residential uses. Removing the current use restrictions on the south side bay doors will result in the following benefits: · Reduction in noise on the south side of the facility during nighttime hours. · Reduction in overall nighttime noise from the facility. 3 562802,4 · Increased operational efficiency and on-site safety at the G.I. Trucking Company facility. The primary concerns about the facility as it was proposed in 1973 related to noise impacts to nearby residential uses. However, changed conditions from the time of the original CUP, including the buildout of the industrial park to the south and the east, have helped buffer the truck terminal from the mobile home park and have greatly reduced the potential for noise impacts in that direction. In addition, the 54 Freeway has since been constructed and is now a major source of noise in the area during all hours of the day and night. As shown below in the Required Findings of Fact, the modification of the existing permit is consistent with applicable City codes and plans, and does not represent a significant departure from the manner in which the site is currently operating, other than to increase operating efficiency. Furthermore, the requested change will actually reduce overall noise on the south site of the facility which could potentially impact the homes to the southeast of the site. Required Findings of Fact Pursuant to Section 19.14.80 of the City's Municipal Code, the City can find as follows: REQUIRED FINDINGS: The Planning Commission (PC) or the Zoning Administrator (ZA) must make the following four findings in order to grant a CUP: 1. That the proposed use at the particular 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 facility already satisfies this requirement under the existing CUP. G.I. Trucking has successfully operated the facility for approximately 30 years, providing much-needed transportation services for local and regional businesses. Removal of Condition No.3 to the CUP, which states that "the doors on the south side of the terminal shall remain closed during the hours of6:00 p.m. and 6:00 a.m.," will contribute to the well-being of the neighborhood and community by facilitating more efficient facility operations. Removing Condition 3 will not modify or expand existing uses, but rather will allow G.I Trucking to increase the efficiency of currently authorized operations and result in an overall greater benefit to the community. Allowing the south-facing docking bays to operate between the hours of 6:00 p.m. and 6:00 a.m. is consistent with current operations for the remainder of the facility, and is no longer necessary to address noise impacts on surrounding land uses. The intent of the 4 562802.4 restriction was to reduce noise impacts. Since Condition 3 was originally imposed, noise impacts to the nearby mobile home park have greatly lessened, if not been eliminated, by the build out of intervening industrial park parcels. Although there has been some residential development in the area to the east and southeast of the facility, these new developments are similarly shielded by industrial buildings and walls. One area potentially subject to noise impacts from the south-facing loading bays is located approximately 250 feet to the southeast. Between the facility and this area there is an unimproved lot, after which the residences are located at the top of a 60-foot hill. The height difference between the facility and these residences reduces potential noise impacts during the current hours of operation. Removing the time restriction under Condition 3 is further expected to reduce current noise between 6:00 p.m. and 6:00 a.m. caused by the "hostling" of trucks from the south side of the facility during these restricted hours. By allowing the south side bays to remain open, consistent with the rest of the facility, overall noise associated with current hostling activities will likewise be greatly reduced. 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 existing facility already satisfies this requirement under the existing CUP. The facility is located on property zoned for industrial use and surrounding uses are commercial and industrial in character. The properties located to the south, east and west are also zoned Limited Industrial, and the 54 Freeway runs parallel to theracility to the north. There is no construction or property improvement associated with this application. G.I. Trucking has studied potential noise impacts of the facility on the surrounding area. The results of the study conclude that allowing south-bay operations between the hours of 6:00 p.m. and 6:00 a.m. will not increase noise impacts on residential uses in the area and, further, will reduce existing nighttime noise levels on the south side of the site as well as the facility as a whole. The proposed removal of CUP Condition 3 will promote a safer work environment and, therefore, will not be detrimental to the health, safety or general welfare of persons working or living in the surrounding vicinity. Existing restrictions on the south bay docking area currently generate more noise impacts than with the elimination of Condition 3, due to the need to move trailers on site between the hours of 6:00 p.m. and 6:00 a.m. Removing Condition 3 will not be injurious to property or improvements in the area because the restriction was originally imposed to address potential noise impacts. Changed conditions also include other sources of noise that have been added to this industrial area since the original CUP. The 54 Freeway, which is raised 5 562802.4 approximately 30-40 feet and has no sound walls, adds a significant amount of noise to the area. Industrial development in the area since the construction of the G.!. Trucking Company facility has also created additional noise sources. 3. That the proposed use will comply with the regulations and conditions specified if! this code for such use. The existing facility already complies with this requirement under the existing CUP and will continue to do so if the CUP is modified. The noise study referenced in finding requirement 2 (above) demonstrates that facility's noise impacts without Condition 3 fall within acceptable noise thresholds at all times under the City's ordinances. (Chula Vista Municipal Code, Chapter 19.68.) 4. That the granting of this conditional use will not adversely affect the general plan of the City or the adopted plan of any governmental agency. The existing facility already complies with the City's General Plan and all other applicable plans and regulations under the existing CUP. G.!. Trucking Company has operated since 1973 as a permitted use, as allowed within the City's Limited Industrial ("IL") Zone. Elimination of Condition 3 will not impact compliance with this requirement, as the primary result is to increase operating efficiency and will not otherwise change the nature or extent of the facility's operations. If the Cl!P modification is granted, the facility will remain consistent with the City's General Plan, and all applicable regulations, including the City's noise ordinances, and the recently adopted Redevelopment Plan. 6 562802.4 ~~~ -.- ~--- -- - ~- --= p I ann n g & Building Planning Division Department Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. G~I. Trucking ,Company 2.' If any person. identified pursuant to(1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. See Attachment 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. n/a 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Linda A. Bernhardt Recon EnvirQnmental, Inc. Angela Maidment Patrick Lynch 5. Has any person. associated with this contract had any financial dealings with an official.. of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official.. may have in this contr.act. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No.!. Yes _If yes, which Council member? 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 CALIFORNIA EAR I HCARE 280 TROUSDALE DRIVE, SUITE J, CHULA VISTA, CA 91910 619.426,7215 (FAX: 619.426.0285) calearth(a)sbcgloba!.net Lie. #502403 November 8, 2004 Mr, Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: G.!. Trucking Company, Application for Conditional Use Permit Modification Dear Mr, Steichen: I understand and support G.!. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors open between 6:00 p.m. and 6:00 a.m.. I understand that this change will allow them to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailer jostling" that happens during the nighttime hours when only the bays on the north side are open. I do not believe this would create any negative impacts to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of actiYity at the site, especially on the south side of the terminal. Thank you for your consideration, Sincerely, / ~. .-.~~~ J es Doocy, CEO U- alifornia Earthcare 280 Trousdale Dr. , Suite J Chula Vista, Ca 91910 CHULA VISTA ELECTRIC CO. 127 Press Lane Chula Vista, CA 91910-10 II Phone (619) 420-4500 Fax (619) 420-9527 Mr. Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: G.I. Trucking Company, Application for Conditional Use Permit Modification Dear Mr. Steichen: I understand and support G.I. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors open between 6:00 p.m. and 6:00 a.m.. I understand that this change will allow them to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailer jostling" that happens during the nighttime hours when only the bays on the north side are open. I do not believe this would create any negative impacts to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of activity at the site, especially on the south side of the terminal. Thank you for your consideration. Sincerely, /Lc5~ JL E. Sandstrom Chief Financial Officer California Contractor's Lie. No. 175956 WWw.c-v-e.com s.o. 5TQ~A(,'E , ,. . I' 325 Trousdale Drive + Chula Vista, CA 91910 Phone 619,-426-2666 + Fax 619-585-9388 www.sdstorage.com Mr, Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Av-enue Chula Vista, CA 91910 Re: G.!. Trucking Company, Application for Conditional Use Permit Modification Dear Mr. Steichen: I understand and support G.!. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors open between 6:00 p.m, and 6:00 a,m, I understand that this change will allow t~em to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailer jostling" that happens during the nighttime hours when only the bays on the north side are open. I do not believeJl1is would create any negative impacts to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of activity at the site, especially on the south side of the terminal. Thank you for YOL/f.cqnsideration. ~ S.D. 'sTOMGE . .. , ~ : C\eorge Sweeney & Linda Hart,ry,{n ~ ' (619) 426-2666 · fax (619) 585-9388 325 Trousdale Drive · Chula Vista, CA 91910 www.sdstorage.com ---:...-. .. ~ J ,'; '._' I ~ i Mr. Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 ,_ ,n,~jn:;'I_- i'.' . ;,":'1'. I .; . ::; ,:=,1 ~J 1-- I Sob Hummel "5 ~ :;; i I; ~41 -.9 i -;-4 f-;1:j' ':0~ .~.~ ,:=J/ Re: G.!. Trucking Company, Application for Conditional Use Permit Modification Dear Mr. Steichen: I understand and support G.!. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors open between 6:00 p.m. and 6:00 a.m.. I understand that this change will anow them to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailer jostling" that happens during the nighttime hours when only the bays on the north side are open. I do not believe this would create any negative impacts to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of activity at the site, especially on the south side of the terminal. Thank you for your consideration. Sincerely, // /~/"'~ [include business name and address] \\\\,\l f>ay Autohq ~ 0 Specializing in Mercedes Benz q eP' Parts . Service . Repair 'I' wi I ':>leIUI81' .. ,( Ji I,nt-' j..J:;'I! ["181 'f i: ,:\ j i~-j ,:1:;] t;.j , t) )- \ 'I Jrn I\.jer ~lJt.:-: i, ,I, , ,":, ; cl .-\ '~.. ' C-1 ~ I ,'" 1 "~III~j '~(;Ilipall'i Application for Condltlol131 Use Peri'lll! MUnIIIC'illul '1-<:1 1\,1 -Jfp:( rH-~' , I" ,1",,,: ",' r: '0, JiJ,Juri, '; : Il,cklll<:J CUfllpany's request Iu IIIOC:II, !I~, ,lJlllJl'.,Olldl USe h~III:I' "I I I'\~te~ li,t; =,uull'"laclIlg snipping bay doors upell oetweell (] (Iv p nl dnd 6 Ur) 31 ::i" ',1,\ 'i: 11,,'1: IIlle, v~arl(,W 'Nill allow (hem to more efflClerltly marleuver [rUCk trailers IU [tie '.. ".,;', :,'I(j ""II'I/8all\. reduCe [tie amount of "trailer JOStlll1g" 'tlat 1'lappellS Uurlrlg tlw ',:!::,:!,~' I,ur,,', Wllell <Jllly tile hays on tile north side are open I dO 1101 believe this would c(eal~ I' '",,';:1'1,,". '1I1;JdU", 10 till", :JUSllless 01' the surrounding area and will actual!v help to reduc,,, ,": I, ",,',JII'I!ll) :lle 8rnouni of activity at the site especially UIi III~ s(jul~' S1I1p. 01 t!'lle ',...I ,_I II)~_JJ (,j J/-,slcJeratJon ~dvUt Y~lO'-c/O-0 , :,,' II' ";,):;1;,,,,:-, "ic1l'It; dill' ddclressi 310 Trousdale Drive, Suite D . Chula Vista, California 91910. (619) 422-6252 ~~ ,::'..fIltb '.!>~I(' Mr. Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: G.!. Trucking Company, Application for Conditional Use Permit Modification Dear Mr. Steichen: I understand and support G.!. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors open between 6:00 p.m. and 6:00 a.m.. I understand that this change will allow them to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailer jostling" that happens during the nighttime hours when only the bays on the north side are open. J do not believe this would create any negative impact to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of activity at the site, especially on the south side of the terminal. Thank you for your consideration. Sincerely, Ralph NQrmaPI ~j~1 JUtlttaJ GPR, ~Jrfnan Mfl L 290 Trousdale Dr. Ste. A Chula Vista, CA 91910 ~ --=-- L \ ('\_ =7('\ Petes Precision Automotive Honda / Acura 5pecialist 310 Trousdale Drive, Suite A · Chula Vista, CA 91910 · (619) 426-2880 Mr. Jeff Steichen Associate Planner City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: G.!. Trucking Company, Application for Conditional Use Permit Modification Dear Mr. Steichen: I understand and support G.I. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors open between 6:00 p.m. and 6:00a.m. I understand that this change will allow them to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailer jostling" that happens during the nighttime hours when only the bays on the north side are open. I do not believe this would create any negative impacts to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of activity at the side, especially on the south side of the terminal. Thank you for your consideration. 871 ~:~ Mr, Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: G.I. Trucking Company, Application for Conditional Use Permit Modification Dear Mr. Steichen: I understand and support G,I. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors open between 6:00 p,m, and 6:00 a,m. I understand that this change will allow them to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailer jostling" that happens during the nighttime hours when only the bays on the north side are open, I do not believe this would create any negative impacts to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of activity at the site, especially on the south side of the term inal. Thank you for your cor3ideration. Sincerely, ~~. [include business name and address] A,merican Oak & Walnut Co. 330 Trousdale Drive Chula Vista CA 91910 ." ~~l I; - r=: ~'I F II ,- n i .- II ,- L I 11 ,,-1 II .s I ,'i ,,-,'.s November 11, 2004 Mr. Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: G.!. Trucking Company, Application for Conditional Use Permit Modification Dear Mr. Steichen: I understand and support G.!. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors between 6:00 p.m. and 6:00 a.m. I understand that this change will allow them to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailing jostling" that happens during the nighttime hours when only the bays on the north side are open. I do not believe this would create any negative impacts to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of activity at the site, especially on the south side of the terminal. Thank you for your consideration. Sincerely, NLP Furniture Industries 280 Trousdale Drive Suite A Chula Vista, CA 91910 2HO '1-"OllS<-LlIL' 1~I';vc. Sll;I'C /\. <..~hLlla ""isla. <-~^ ') I ') I 0 {~1 ')-A-(~-70HH Phone {~1 "-)-'17(~-H7-:;-:; 1-"'1'" 'VV Vv' "V, n II~ f"u I' n; r LI I-e. c(~ Jrl ----~--_.-------_._----- Pressure 'NOIShers Partz. Guns .1 FiJiings PtJrnp Repair Smem ~ R~pairs E<;uiJ:man! WmnltIJ:y E!:Iwpmanl SItMca \j\""}ROJ\J~~. ~ \ JA YI3RJGJfj JNI;,_ COMPI..],\NCI: '., JB ~ ----- \ HJGH PRESSURE WAiEi! REC~Y''''',\ CLEANJNG -4-aOO-.5C'~-(;,'1~3 Since 1976 ;:>0 8a:I5..t!8!) c.':da VIsIa Ca 31S12 H!g1 ~ CJesnmg D1iYeways,ParJdng l.zts. 21Jtin!;s Resl1lJc!nts Gall Stancns.Garages !'1m WeslUng Ca15 - TrudIs - EIJs~ Mr. Jeff Steichen Associate Planner City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: G.\. Trucking Company, Application for Conditional Use Permit Modification Dear Mr. Steichen: I understand and support G.!. Trucking Company's request to modify its Conditional Use Permit to allow them to keep the south-facing shipping bay doors open between 6:00 p.m. and 6:00 a.m.. I understand that this change will allow them to more efficiently maneuver truck trailers to the docking bays, and will greatly reduce the amount of "trailer jostling" that happens during the nighttime hours when only the bays on the north side are open. I do not believe this would create any negative impacts to this business or the surrounding area, and will actually help to reduce overall noise by reducing the amount of activity at the site, especially on the south side of the terminal. Thank you for your consideration. . Sin~e::,IY. #" ~ !" (7 .-K~eJ~~ [include business name and address] ATTACHMENT 3 NEGATIVE DECLARATION Negative Declaration PROJECT NAME: G.!. Trucking Company PROJECT LOCATION: 120 Press Lane ASSESSOR'S PARCEL NO.: 563-452-1200 PROJECT APPLICANT: Robey W. Estes, Jr. CASE NO.: IS-05-0lO DATE OF DRAFT DOCUMENT: August 17,2005 DATE OF RESOURCE CONSERV A nON COMMISSION MEETING: August 29, 2005 DATE OF FINAL DOCUMENT: September 19,2005 PREPARED BY: Mary Venables, Associate Planner Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline. A. Proiect Setting The approximately 4.29-acre project site is located within the urbanized area of Chula Vista at 120 Press Lane (See Exhibit A-Location Map). The project site is relatively flat and contains the existing G.!. Trucking Company truck terminal facility with offices, warehouse and a machine shop. (See Exhibit B-Site Plan) The land uses that surround the project site consist of the following: North: State Route SR-54. South: Industrial park followed by single-family residences, vacant land and a mobile home park. East: Light industrial followed by multi-family residential. West: Self-storage followed by light industrial. B. Proiect Description The existing Conditional Use Permit (CUP) for G.!. Trucking Company, PCC-73-07, permits the facility to operate 24-hours per day and requires the shipping bay doors on the south side of the building to be closed between the hours of 6:00 p.m. and 6:00 a.m. The proposal consists of the modification of the existing CUP to permit the doors of the truck-docking bays on the south side of the building to remain open 24 hours for loading and unloading consistent with the truck-docking operations on the north side ofthe building. 1 The applicant's rationale for the proposal is that the expanded access to the south docking bays will reduce the number of times trailers are moved on the site resulting in more efficient operations and a reduction in nighttime noise from the facility. Presently, when there are no available docking bays, the detached trailers are parked until a docking bay becomes available for loading and/or unloading. Currently, between the hours of 6:00 p.m. and 6:00 a.m., with fewer truck docking bays operational, the trailers are moved to the south side of the building and stored until a docking bay becomes free on the north side of the building. The trailer is then moved back to the north side for loading or unloading. By pennitting the trailers to be unloaded during the nighttime hours on the south side of the tenninal there will be a decrease in the number of times trailers are moved. No increase in truck traffic entering the facility is anticipated due to the proposed CUP modification and no physical changes to the facility are proposed. C. Compliance with Zoning and Plans The project site is located in the IL (Limited Industrial) Zone and Limited Industrial (Research and Limited Industrial) General Plan land use designation. The project is consistent with the applicable zoning regulations and the Chula Vista General Plan. The proposal requires the approval of a modification to the existing Conditional Use Pennit by the Planning Commission. D. Public Comments On February 25, 2005, a Notice of Initial Study was circulated to property owners and residents within a 500-foot radius of the project site. The public comment period closed on March 7, 2005. Both verbal and written comments were received regarding the proposal. Three residents of the single-family neighborhood located southeast of the project site expressed concern regarding potential increase in noise levels due to expanding the nighttime operations to include the south-facing bays. Letters of support were received from nine businesses in the adjacent industrial park. On August 17. 2005. a Notice of Availability of the Proposed Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to property owners and residents within a 500-foot radius of the proiect site. The 30-day public comment period closed on September 16. 2005. Three written comments were received from the public regarding noise and traffic. These issues are addressed as noted below. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist fonn) detennined that the proposed project would not have a significant effect on the environment, and the preparation of an Environmental Impact Report is not required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. 2 Noise To assess the potential noise impacts of the proposed project, an acoustical impact analysis was prepared by RECON, entitled Noise Technical Report for the Estes Express Trucking Terminal Chula Vista, California, June 23, 2005. In response to comments received from the residents of the adiacent residential neighborhood, the Noise Technical Report was revised to include two nighttime noise measurements. The additional nighttime noise measurements were conducted at two locations, one on-site and one off-site, to address the concerns identified by the residents. The results of this analysis are summarized below. Noise Standards The acoustical analysis assessed the project with respect to the regulations contained in Chapter 19.68, Perfonnance Standards and Noise Control, of the Chula Vista Municipal Code (noise control ordinance). The noise control ordinance does not allow activities that would create noise on property, which exceeds the established noise level limits (C.V.M.C. ~ 19.68.030(A)(4)). The noise level limits vary by land use category, and time of day (daytime versus nighttime). In addition, the noise control ordinance establishes the nonnal noise level as the noise limit when the existing noise level exceeds the standard. Table III of Chapter 19.68 specifies the following noise limits: APPLICABLE NOISE LIMITS [dB (A) Leq] Land Use Daytime] Nighttime2 Light Industrial 70 70 Single-Family Residential 55 45 IDaytime = 7:00 A.M. to 10:00 P.M. weekdays; 8:00 A.M. to 10:00 P.M. weekends 2Nighttime = 10:00 P.M. to 7:00 A.M. weekdays; 10:00 P.M. to 8:00 A.M. weekdays On-Site Activity Noise Analysis Surrounding uses potentially affected by project-generated noise consist of light industrial uses to the east, south and west, multi-family residential approximately 300 feet to the east, single- family residential approximately 300 feet southeast and mobile homes approximately 300 feet southwest of the project site. Two existing walls and several intervening buildings are located on the south and west sides ofthe project site, which currently provide noise level attenuation for adjacent residential areas. According to the Chula Vista Noise Ordinance, because the ambient noise level exceeds the noise ordinance daytime level of 55 dB(A), the allowable noise exposure standard for the residential properties is 63 dB(A) from 7:00 a.m. to 10.00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends. Between the hours of 10:00 p.m. to 7:00 a.m. on weekdays and 10:00 p.m. to 8:00 a.m. on weekends, the allowable noise exposure standard for these 3 properties is 53 dB(A). Traffic on SR-54 was determined to be the primary noise source affecting the increased ambient noise level in the residential areas. Daytime Nnoise measurements were conducted at a total of eight sites; located along the northern, southern, eastern and western property boundaries, including three off-site test locations in close proximity to the residential uses. Facility-generated noise sources present during the noise measurements consisted of tractor-trailers, forklifts and a truck used for moving trailers to truck docking bays on-site. To evaluate the impact of truck traffic and trailer movement activities occurring on the south side of the trucking terminal, the data were analyzed to evaluate the correlation between noise levels at the residential boundaries and the south side of the trucking terminal. The analysis concluded that the truck facility operations did not increase the ambient noise level at the residential boundary and the primary noise source at the threefour off-site locations was traffic on SR-54. The acoustical analysis also assessed the proposed level of activity during nighttime working hours at the shipping bays on the south side of the facility relative to the noise limits of the noise control ordinance. Typical hourly truck traffic and projected worst-case hourly truck traffic conditions were analyzed, as well as two scenarios where all activities occurred either on the north side or on the south side of the terminal. In the case of both scenarios the worst case noise levels due to the proposed changes in nighttime activities including early morning hours between 1:00 a.m. and 11:00 a.m. were calculated below the City's noise standards at the residential and industrial project boundaries. In response to comments raised during the public review period, additional nighttime noise measurements were performed between the hours of 11 p.m. and 12 a.m. both at the proiect site and at the residential area. As with the daytime measurements, the noise level at the residential boundary was dominated by freeway traffic. The nighttime noise level measured 53 decibels, which is consistent with the original noise model calculations. The noise analysis determined that the activities proposed on the south side of the facility would not exceed the City's noise standards or regulations. Nuisance Noise The project noise analysis indicates that on-site activities are not anticipated to exceed the applicable City noise standards however; residents adjacent to the project may perceive onsite activities as a nuisance over intermittent periods of time. Noises such as metal plates on trucks being lowered and hitting the ground, cargo bay doors opening and closing, vehicle back up bells, and forklift operations were analyzed in the project noise study. According to the noise analysis, these intermittent nuisance noises would not violate City noise regulations. Transportation/Traffic No increase in truck traffic is anticipated due to the proposed CUP modification. Expanded access to the south docking bays is proposed in order to allow the facility to operate in a more efficient manner by reducing trailer movement. The Engineering Division determined that the proposal does not have the potential to result in any significant traffic impacts; therefore, the preparation of a traffic study was not required. 4 F. Mitigation Necessary to Avoid Significant Impacts No Mitigation Measures are required. G. Consultation 1. Individuals and Organizations City ofChula Vista: Marisa Lundstedt, Planning and Building Department Maria Muett, Planning and Building Department Mary Venables, Planning and Building Department Sohaib AI-Agha, Engineering Department Samir Nuhaily, Engineering Department Beth Chopp, Engineering Department David Kaplan, Engineering Department John Schmitz, Planning and Building Department Jeff Steichen, Planning and Building Department Applicant: Robey W. Estes Jr. Agent: Linda A. Bernhardt, Weston, Benshoof, Rochefort, Rubalcave & MacCuish, LLP Leonard Rusch, Weston, Benshoof, Rochefort, Rubalcave & MacCuish, LLP Craig Keys. Weston. Benshoof. Rochefort. Rubalcave & MacCuish. LLP Others: Karen Smith, RECON Charles S. Bull, RECON 2. Documents Documents available for review at the City of Chula Vista, 276 Fourth Avenue: City ofChula Vista General Plan, 1989 (as amended) Final Environmental Impact Report, City of Chula Vista General Plan Update, EIR No. 88-2, May 1989 5 City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, February 2003. Noise Technical Report for the Estes Express Trucking Tenninal Chula Vista, California, June 23, 2005, revised October 13,2005. 3. Initial Study This environmental detennination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgment of the City of Chula Vista. Further infonnation regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. 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I- t)~d;j~ .~ 51 ; E "" ~E._3~~ os: ~ ~ v ~.';:; ii Q -5 '0 a1 E 0 ~c"OQ)::9 ...... ~oo ~.~ g ~>-.oo~ 0..-::: go C SU'-_o .- ~ 0. $3 ! ~-5~ne .... E'~ '1J<<i'o~'E ~-S.:: 8:~ ~ "0 g ::It;:: ~ 3 ~ en'a 0:1 0 '" "0 .::!! 00 ~ V'J C rI) .~ oj oj 0 ~"O"O_ C <i31ij2~1ii . 1ij "" ~ '50..t:: "';' - GJ.9'0::: ::: u 1:1 a ;> 0 0 ~ O,d ~ v '.;j c= '" <i3 ..t:: '" 0 g .;:: 15 f-o.S ~ 1;; E] e ~ o~U~~3 !5 g ti.c;; "0 VJ "" 1 U c: ~ e <II "0 'w C 8 J 3 ~ "'5 u~ co o ~ ~ 6 ..... . en ~o; ~<C ...mu ~::iE " QjQj-m ~c5 (ijz.s ~~E (/')~u :; o >. .E :::J g, "'" c: (II ..c: I- ATTACHMENT 5 LETTERS IN OPPOSITION TO PROPOSED MODIFICATION Arlo E. Moehlenpah ENVIRONME~JT;~l Pl~NNING 217 Bayview Way . Chula Vista, CA 91910 . 619-476-7230 . moehlenpahriVaol.com City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Attn: Mary Venables Re: G.1. Trucking Company, 120 Press Lane, APN# 563-452-12-00 I live at 217 Bayview Way which is one of the closest residential properties to 120 Press Lane. Our property overlooks the 120 Press Lane property, I am concerned that the noise generated by a 24 hour trucking operation from the south bay doors wil1 affect the sleeping of those on our street. I believe that this operation will also generate additional trucking traffic on Trousdale Drive which wil1 generate additional noise in our residential area on Bay View Way. The G. 1. Trucking Company should continue to use the north doors which face toward Highway 54, . . esp~ial1y during the hours from 6:00 p.m. to 6:00 a.m. Sincerely, A~l!h ~"'~d '!>' ~ t- - ( ~ - L' .j , "-' Maria C. Muett Associate Planner Planning and Building Dept. Case Number 18-05-01 OM I request that a environmental Impact Report be required for this project, to determine the impact of the nightime noise generated by this truck terminal, on the nearby residential neighborhoods.The sound of trucks coming and going, unloading their cargo, and equipment handling materials in the terminal, can disturb the sleep of residents in the vicinity of the south side of the terminal. The origional request for the conditional use permit in 1973, was denied by the Planning Commission, but was approved on appeal to the City Council, with a number of conditions to protect the nearby residential area from noise and traffic. The only change in the situation since then, is that there are more homes in place that are impacted by the nightime noise. Thank You, Alfred R. Welker 168 N Del Mar av Chula Vista, Ca 91910 L~__\v & R. G2:: ~~ e . t:.. T EFT' S \' 2: \ e \.\ E N ._...~,....._......,......_---. John F. & Cynthia L. Neibert 176 N. Del Mar Ave. Chula Vista, CA 91910-1108 In r--=-:::' (,-~:, i~=': i_'1 \\f.7 Ic=. - - ~\ \ ~ I ....J 1 L-_, I ~ \', i i l:~ j \ O '-. \ \ r ; ,---' iJ' \v i ,,- I r '\ ~'-'I- I-~ '\ f- v' c____,' -' -~I i \ I I ~'li MAR 0 7 1005 II U I U UL~c_~"__.__"~,,__,~_; tJ ENVIRON,Vi:,. 'f",~ F~ANNING March 1, 2005 City of Chula Vista Environmental Review Coordinator 276 Fourth Ave. Chula Vista, CA 91910 Attention: Maria C. Muett, Associate Planner RE: NOTICE OF INITIAL STUDY/GJ. TRUCKING We reside in the area just south east of G.I. Trucking. Many years ago, maybe 15 years ago, we recall when G.I. Trucking used the loading docks on the south side of their building. In the evenings when sound always seems to travel further we could hear everything going on, on the docks and in the warehouse. Everything from metal ramps being dropped onto the trailers being loaded; to forklifts traversing back and forth in the warehouse; to the voices of the employees talking and shouting back and forth to each other. In view of our past experience we are adamantly opposed to any cl:1~nge or modification of the current Conditional Use Permit that would allow opening of the south facing shipping bay doors. John eibert Cynthia L. Neibert ~ ~ l.,- c s- Maria C, Muett Associate Planner Planning and Building Dept. Case Number IS-05-010M I request that a environmental Impact Report be required for this project, to determine the impact of the nightime noise generated by this truck terminal, on the nearby residential neighborhoods. The sound of trucks coming and going, unloading their cargo, and equipment handling materials in the terminal, can disturb the sleep of residents in the vicinity of the south side of the terminal. The origional request for the conditional use permit in 1973, was denied by the Planning Commission, but was approved on appeal to the City Council, with a number of conditions to protect the nearby residential area from noise and traffic. The only change in the situation since then, is that there are more homes in place that are impacted by the nightime noise. Thank You, Alfred R. Welker 168 N Del Mar av Chula Vista, Ca 91910 (" '\. t, /-, . ''-.~ I; (.\.'.~. \.....~-\..\'--'-c\ \-<....1.......___-' --',0<'----- e . C . .~ t::.""f"\- c;.; l~ \ <..~~\ C\-\ C\ ~ ~~ ': \1,/7 \~ ,-\ \ 0 )ls i~ ~ U 'l'J c~ \ 1-\ \ fIl~p 1 4 ZOOS \~ ENVIRONMENTAL PLA,NN!NG .....-----" September 12,2005 City of Chula Vista Planning and Building Dept. Re: Project case # IS-05-010, Proposal by G.!. Trucking Company, 120 Press Lane, to modify existing Conditional Use Permit - Response to Negative Declaration. Thank you for the opportunity to comment on the environmental documentation prepared for the proposed modification to the applicant's existing CUP (PCC-73- 7). I would like to make the following comments on the noise section of the report: . In recent years, the terminal has been in periodic violation of its CUP by operating with the south-facing doors open between the hours of 6PM and 6AM. During these periods, I have 'perceived' shouted conversations, loud radio music, the warning beeper of the forklift and various other forms of 'nuisance noise', often well after midnight. This noise was particularly evident as the sound of the traffic on the freeway abates at night. The intent of the conditions imposed on the original CUP was to protect neighbors from sleep-disrupting, intrusive noise generated by this operation, which was being placed adjacent to an existing residential area, over the objections of the neighbors and against the recommendations of the Planning Commission staff at that time. . The report states that noise levels already exceed the Chula Vista Noise Ordinance daytime level of 55dB(A). It further states that because of this, an even higher noise level will be allowed. This will only worsen the existing situation. Chula Vista staff should be working with CalTrans, for a reduction of noise from the freeway, and with all businesses in the industrial area to conform to the Noise Ordinance levels, rather than accepting and legitimizing the increased ambient levels, which have been objectionable to the neighborhood for years. . The report indicates that all data collection was performed on two days, over a 2-hour period during the morning, which was then used to project evening noise levels. No field data was collected for actual conditions during the night hours. Background noise from the freeway becomes intermittent, and is significantly less during late night and early morning hours. At times there is silence. Any noise generated by activities at the terminal would not be masked by background freeway sound during these hours. Since the proposal is to expand operations to the hours between 6PM and 6AM, baseline data from that time period should have been collected. . While the report indicates that additional traffic is not anticipated as a result of the proposed modification, this change would essentially double the capacity of the terminal operations for the hours between 6 PM and 6 AM. The Noise Technical Report (RECON, 2005) indicates on page 7 that the majority of truck traffic occurs in the morning. (The report did not indicate what was meant by 'morning', which could be considered any hour after midnight.) It would therefore suggest that the desire for increased capacity between the hours of 6PM and 6AM is the driving factor in the proposed CUP modification, rather than increased efficiency. In short, while I appreciate the time and effort expended, as represented by the preparation of these documents, I disagree with the conclusion of 'no significant impact'. I feel that the granting of permission for this truck terminal to inflict noise on the adjacent neighborhood, above that level normally allowed in a residential area, will continue to degrade the residents' quality of life. Failure to collect real data for the actual period of time to be affected (6 PM to 6 AM) makes it impossible to accurately project the extent of the adverse affects of the proposal. Thank you for your consideration, ~~w~ Susan Welker 166 N. Del Mar Ave. Chula Vista, CA 91910-1108 ATTACHMENT 6 DRAFT RESOLUTION RESOLUTION NO. PCC-05-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT FOR A TRUCK TERMINAL OPERATION AT 120 PRESS LANE WITIDN THE SWEETWATER INDUSTRIAL PARK. WHEREAS, on November 18, 2004, G.!. Trucking, represented by Weston Benshoof ("Applicant"), filed a duly verified application for a modification to an existing Conditional Use Permit (PCC-05-024) ("Project") requesting deletion of an existing condition which requests the doors on the south side of the truck terminal located at 120 Press Lane ("Project Site") remain closed during the hours of 6:00 p.m. to 6:00 a.m.; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05- 010 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that there is no substantial evidence, in light of the whole record before the City of Chula Vista, that the proj ect may have a significant effect on the environment; therefore, the Environmental Review Coordinator has prepared a Negative Declaration, IS-05-0l0; and WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on December 14,2005, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission ofthe City ofChula Vista to receive the recommendation of City staff and to hear public testimony with regard to the Project, and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby find, determine and resolve as follows: CERTIFICATION OF COMPLIANCE WITH CEQA The Planning Commission does hereby find that the Negative Declaration (IS-05-0lD) has been prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City ofChula Vista, and adopts the Negative Declaration (IS-05-0lD). REQUIRED CONDITIONAL USE PERMIT FINDINGS 1. That the proposed use at this 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 facility at this location has been in operation for approximately 30 years, providing transportation services for local and regional businesses. It is anticipated that removal ofthe condition restricting the use of the south facing bay doors during the nighttime hours, will contribute to the well-being ofthe neighborhood and community by facilitating more efficient facility operations during the nighttime hours. This, in turn, could potentially result in less impact to the surrounding area. Under the existing Conditional Use Pennit, there are no restrictions on the number of trucks operating during nighttime hours using the north facing doors. This modification will impose restrictions on the number of truck operating during nighttime hours for both the north and south facing doors. 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 existing truck tenninal is located within the Sweetwater Industrial Park and is just south of Highway 54. A number of changes have occurred since the granting of the original conditional use pennit including infill of additional industrial businesses to the south between the truck tenninal and the existing mobile home park as well as construction of Highway 54 to the north. An acoustical study was prepared to detennine if there are potential noise impacts to residences further to the southwest. The study concludes there are no impacts that must be mitigated. While the study does not address nuisance noise, this is regulated by Chapter 19.68 of the Municipal Code. In addition, a condition of approval has been added which requires that the CUP to be reviewed after a period of six month to assure there have been no negative impacts to the residential neighborhood to the south as a result of this modification. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The project is subject to all restrictions outlined in the Chula Vista Municipal Code. This includes Chapter 19.68 which regulates nuisance noise. In addition, the applicant must comply with conditions of approval ofthis CUP modification which include restrictions on number of trucks during nighttime hours and utilization of rubberized bumpers on truck dock levelers. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of this modification will not adversely affect the City's General Plan as it does not include any physical changes to the ongoing operations of the truck tenninal. The use is compatible with the land use designations of the adopted General Plan. BE IT FUTHER RESOLVED THAT the Planning Commission of the City ofChula Vista hereby grants Conditional Use Pennit PCC-05-024 subject to the following conditions, whereby the applicant andlproperty owner, prior to issuance of building pennits shall: Page 2 I. Ongoing Conditions: 1. During the nighttime hours of 10 pm to 7 am weekdays and 10 pm to 8 am on weekends, twenty truck trips per hour is the maximum level of truck activity allowed on the site. A "truck trip" is defined as any commercial vehicle that arrives or departs during the hour. Any request to increase the level of truck activity beyond this point will necessitate an amendment to this conditional use permit. For a six month trial period following date of approval of this CUP modification, and as requested by staff on an ongoing basis, applicant shall record hourly truck activity during the hours of 10 pm to 11 pm, 3 am to 4 am and 6 am to 7 am on each Tuesday, Thursday and Saturday night of operation or as required. Said information shall be made available to the City in the form of monthly report. Said reports may redact any and all proprietary, sensitive or identifying information regarding such truck activity except for the number of trip trips per hour. 2. A report to the Planning Commission shall be prepared by staff six months following the adopted date of this Resolution. As background information for the preparation of said report, the applicant shall provide staff with a summary of truck activity as noted in condition number 1 above. The report shall include additional truck activity levels for the dates for which any complaints have been received. Said reports may redact any and all proprietary, sensitive or identifying information regarding such truck activity except for the number of trip trips per hour. The report to the Planning Commission shall outline the performance and operation of the facility with the allowance for the south facing doors to operate 24/7 and shall include inspection/investigation reports and findings based on complaints by residents or businesses located in the surrounding area including any noise or traffic impacts. Based upon the report the Planning Commission may choose to review or otherwise modify any conditions included in this Resolution. 3. Truck traffic shall be prohibited along North Glover south of Trousdale Drive. 4. This use permit allows the operation to occur on a 24 hour basis with no restrictions on the use of roll up doors on the north side of the truck terminal building. The south facing doors shall remain closed during the hours of 10 pm to 7 am weekdays and 10 pm to 8 am on weekends when a truck bay is not used for loading/unloading purposes. In addition, the number of trucks during nighttime hours for the entire site is restricted as set forth in Condition No.1 above 5. As is currently practiced by the applicant, rubberized bumpers shall be maintained on all truck dock levelers in order to buffer any noise impacts which could be generated by the impact of the gate of the truck bed hitting the surface of dock. 6. Between the hours of 1 Opm-7 am weekdays and 1 Opm-8am weekends, trucks/tractors shall not be allowed to sit and idle on the property. 7. The conditions of approval for this Conditional Use Permit shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property. Prior to allowing the south Page 3 facing doors to remain open during nighttime hours, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. 8. Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Pennit approval by the Planning Commission. 9. The Applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this modification to Conditional Use Pennit and (b) City's approval or issuance of any other pennit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, Applicant/operator shall acknowledge their agreement to this provision by executing a copy of the Conditional Use Pennit where indicated below. Applicant' s/operator' s compliance with this provision shall be binding on any and all of the applicant's operator's successors and assigns. 10. This conditional use pennit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 ofthe Municipal Code. Failure to comply with any conditions of approval shall cause this pennit to be reviewed by the City for additional conditions or revocation. 11. This Conditional Use Pennit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Pennittee and after the City has given to the Pennittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the Pennittee of a substantial revenue source which the Pennittee cannot, in the nonnal operation of the use pennitted, be expected to economically recover. 12. At any point it time, the applicant may choose, through a letter to the Director of Planning and Building, to inactivate this CUP modification. This letter shall be recorded with the San Diego County Recorders Office. This will result in the applicant reverting back to the conditions of approval outlined in Resolution 7051 for CUP 73-77. This will result in the south facing doors remaining closed during nighttime hours. Page 4 IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense ofthe property owner and/or applicant, and a signed, stamped copy returned to the City's Planning and Building Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the property owner/applicant's desire that the project, and the corresponding application for building pennits and/or a business license, be held in abeyance without approval. Signature of Property Owner 120 Press Lane Date Signature of Applicant Date V. CONSEQUENCE OF FAILURE OF CONDITIONS If any ofthe foregoing conditions fail to occur, or ifthey are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions ofthis pennit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention ofthe Planning Commission that its adoption ofthis Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provisions or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the pennit shall be deemed to be automatically revoked and of no further force and effect ab initio. Page 5 APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 14th day of December 2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Vicki Madrid, Chair ATTEST: Diana Vargas, Secretary Page 6 ATTACHMENT 7 OWNERSHIP DISCLOSURE STATEMENT ~~/~, -.- ~-- ~- - - - = Plan n n g & Building Planning Division Department Development Processing CIlY OF CHULA VISTA Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon' matters that will require.discretionary action by the C;::ouncil, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. G.l. Trucking Company 2. If any' person* identified pursuant to (1) above is a corporation or partnership, list the mimes of all individuals with a $2000 investment in the business (corporation/partnership) entity. See Attachment 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have . assigned to represent you before the City in this matter. Linda A. Bernhardt Recon Engineering Angela Maidment Patrick Lynch 5. Has any person* associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ 'If Yes, briefly describe the nature of the financial interest the official'" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No.!.. Yes _ If yes, whi~h Council member? 276 Fourth Avenue' Chula Vista California 91910 (619) 691-5101 ATTACHMENT 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business ( corporation/partnership) entity. Officers William T. Reid John H. Wood, Jr. Henry R. Stevens Francis Glidwell Stan Lovell Directors William T. Reid Henry R. Stevens Robey Estes, Jr. Billy Hupp Steve Hupp President CFO/Secretary ITreasurer V.P. Operations V.P. Sales V.P. Safety & Maintenance . . City Of Chula Vista Disclosure Statement - Page 2- 7. Have you provided more than $340 (or an item of equivalent value) to an officialu of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No ~ If Yes, which officialu and what was the nature of item provided? Date:_'I- L{ -Df ~a-~ Signature of Contractor/Applicant Linda A. Bernhardt Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning CommissiQner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue Chula Vista' California 91910 (619) 691-5101