Loading...
HomeMy WebLinkAboutPlanning Comm Reports /2006/08/09 Wednesday, August 9,2006 MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA City Hall Council Chambers 276 Fourth Avenue Chula Vista, CA WORKSHOP MEETING OF THE PLANNING COMMISSION 5:00 P.M., COUNCIL CONFERENCE ROOM 101 WORKSHOP TOPIC: Planning and Building Strategic Plan and Work Program. Presenter: Jim Sandoval, Director of Planning and Building ADJOURN TO A REGULAR PLA~ING COMMISSION MEETING: REGULAR PLANNING COMMISSION MEETING 6:00 P.M., COUNCIL CHAMBERS CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Felber_ Moctezuma_ Vinson_ Bensoussan_ Tripp_ Clayton_ PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE INTRODUCTORY REMARKS APPROVAL OF MINUTES: July 26, 2006 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 05-44; Consideration of a Conditional Use Permit to allow the expansion of existing mini mart and addition of a carwash to an existing service station located within the Terra Nova shopping center at 350 East H Street. Lorna Ratone/Camelor Inc. (Quasi-Judicial) Staff recommends that public hearing be continued to the September 27, 2006 Planning Commission meeting. Planning Commission - 2 - August 9, 2006 2. PUBLIC HEARING: PCC 05-24; Six-month review of Conditional Use Permit to operate a nighttime trucking facility at 120 Press Lane. G.I. Trucking. (Quasi-Judicial) Project Manager: Jeff Steichen, Associate Planner 3. ORDER OF BUSINESS: . Appointment of Planning Commission representative to the Growth Management Oversight Commission for FY 06-07. . Appointment of Planning Commission representative to the Redevelopment Advisory Committee. DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a regular meeting of the Planning Commission on August 23, 2006. MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, July 26, 2006 City Hall Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Members Present: Member Absent: Felber, Vinson, Bensoussan, Tripp, Clayton Moctezuma Staff Members Present: Jim Hare, Assistant Planning Director Luis Hernandez, Development Planning Manager Elisa Cusato, Deputy City Attorney III Lynette Lopez, Associate Planner Larry Tran, Development Services Technician 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. SPECIAL ORDER OF BUSINESS: Appointment of new Planning Commission Chair and Vice Chair for FY 0607. MSC (BensoussanlTripp) (5-0-0-1 )nominating Bryan Felber to serve as Planning Commission Chair for FY 06-07. Motion carried. MSC (Felber IBensoussan) (5-0-0-1) nominating Bill Tripp to serve as Vice Chair for FY 06 07. Motion carried. 2. PUBLIC HEARING: PCC 05-24; Six-month review of Conditional Use Permit to operate a nighttime trucking facility at 120 Press Lane. G.!. Trucking. (Quasi-Judicial) Staff recommends that public hearing be continued to the August 9, 2006 Planning Commission meeting. Planning Commission Minutes - 2 - July 26, 2006 MSC (FelberlTripp)(~0-0-1) that the Planning Commission open public hearing and continue it to August 9, 2006. Motion carried. 3. PUBLIC HEARING: PCC 05-44; Consideration of a Conditional Use Permit to allow the expansion of existing mini mart and addition of a carwash to an existing service station located within the Terra Nova shopping center at 350 East H Street. Lorna Ratone/Camelor Inc. (Quasi-Judicial) Staff recommends that public hearing be continued to the August 9, 2006 Planning Commission meeting. MSC (Felber/Clayton)(~0-0-1) that the Planning Commission open public hearing and continue to August 9, 2006. Motion carried. 4. PUBLIC HEARING: PCC 06-81; Consideration of a Conditional Use Permit to construct and operate an unmanned wireless telecommunications facility at 900 Otay Lakes Road. Cricket Communications. (Quasi-Judicial) Cmr. Vinson recused himself from the dais due to a conflict of interest. Background: Larry Tran reported that Cricket Wireless proposes to construct an unmanned wireless telecommunication facility consisting of a 60-foot high monopine to be located within the Southwestern College campus. A 96 sf equipment shelter is proposed to be built as an expansion of the existing ticket booth located at the south end of the college stadium. Staff Recommendation: That the Planning Commission adopt Resolution PCC 06-81 approving the proposed telecommunications facility, based on the findings and subject to conditions contained therein. Public Hearing Opened. Franklin Orozco, 4031 Sorrento Valley Blvd., San Diego, CA, applicant; stated he was available to answer questions from the Commission. Public Hearing Closed. MSC (Tripp/Bensoussan)(4-0-1-1) that the Planning Commission adopt Resolution PCC 06-81 approving the proposed telecommunications facility, based on the findings and subject to conditions contained therein. Motion carried with Cmr. Vinson abstaining. Planning Commission Minutes - 3 - July 26, 2006 5. PUBLIC HEARING: DRC 05-37; Consideration of an application for a new 30-foot high pole sign and canopy fascia design with signage for a service station located at the northwest corner of "L" Street and Broadway- Applicant: Conoco Phillips. (Quasi-Judicial) 6. PUBLIC HEARING: DRC-05-38: Consideration of an application for a new 30 foot high pole sign and canopy fascia design with signage for a service station located at the corner of Willow and Bonita Road- Applicant: Conoco Phillips. (Quasi-Judicial) Item #5 and #6 were heard concurrently as the same issues are addressed in both projects. Background: Lynette Lopez reported that Conoco Phillips has commenced a modernizing program that includes new canopy design and signage at both service station locations on L Street and Broadway, and Willow and Bonita Road. On March 7,2006 the DRC continued the project directing the applicant to address and return with a visual presentation of a site that has already undergone the proposed modernization; minimize the width and color of the orange banding around the canopy; and reduce the height of the pole sign and recommended designing a monument sign. On June 5, 2006 the DRC reheard the project, however the applicant chose not to redesign the pole sign and simply reduced it to 30 feet and agreed to not add the orangebanding to the canopy. The DRC still had concerns and denied the application. Section 19.14.583 allows the applicant to file an appeal of the ORC decision to the Planning Commission. Staff Recommendation: That the Planning Commission affirm the June 5, 2006 decision of the Design Review Committee and deny DRC 0~37 and DRC 05-38. Commission Comments: Cmr. Clayton stated that using the rationale behind the use of a pole sign being more visible in order to be able to compete with other vendors does not apply to the Bonita Road site because it does not have the extent of competition with other service stations as wwld the Broadway site. Public Hearing Opened. Ahmad Ghidari, ANS Engineering, 207 W. Alameda, Ste. 203, Burbank, CA stated that Conoco Phillips started a re-imaging program a couple of years ago and they have since completed approximately 250 locations with approximately 100 locations left to be done. Mr. Ghidari stated that the Zoning Ordinance and Sign Program was obtained and consulted at the projects' inception and both the zoning and sign ordinance allows pole signs not to exceed 35 feet in height at these locations. Although the standard pole sign that Conoco Phillips uses is within what is allowed (35 feet), they are willing to design a sign that is 30 feet high. Planning Commission Minutes -4- July 26, 2006 Mr. Ghidari stated he was available to answer questions and is open to receive any direction or recommendation that the Commission is willing to offer. Cmr. Bensoussan stated that it appears from reading the DRC minutes that the applicant was not willing to compromise the height of the pole sign and now that he is before the Planning Commission, he is willing to lower the pole sign. Mr. Ghadiri clarified that the DRC was not open to discussing anything other than a 6 foot high monument sign. Cmr. Felber asked if a 20 foot high pole sign would be acceptable to the applicant and asked what is the definition of a monument sign. Mr. Ghadiri responded that a 20 foot high pole sign would be acceptable. Mr. Hernandez responded that the code defines monuments signs as being 8 feet in height, however, depending on its design and proportion, and how it integrates into the overall design of the project, they may be as high as 15 feet. Public Hearing Closed. Cmr. Clayton inquired if the existing sign is higher than what the applicant is presently proposing, would they be allowed to retain the existing sign Slould they decide not to remove it? Cmr. Clayton further stated that, in her opinion, the community would be better served with a new sign rather than one that has been weathered with time ald will continue to deteriorate. Ms. Lopez responded that the existing sign is a legal confoming sign and it is within the applicant's purview to maintain it as it presently is. Addressing Cmr. Clayton's comment, Mr. Ghadiri stated that the existing sign could not be kept because their re-imaging program calls for all pole (ball) signs to be removed. Cmr. Bensoussan stated that, in her opinion, the Commission should have confidence and stand behind the DRC's expertise in making their recommendations. Additionally, the orange band around the canopy is very loud and aggressive. The Commission's highest priority should be the community's image and not base their decision on what is profitable and what gives the applicant a competitive edge over their competitors. Cmr. Bensoussan further stated that there are other means by which to attract business other than signage, Le. landscaping and good building design and color scheme. Lastly, she is disappointed in the corporate headquarter's decision to do away with the 76 ball sign; in her opinion, the ball signs are a successful identifier and they are quaint and vintagelooking. Cmr. Tripp stated he is encouraged to hears a willingness on the part of the applicant to compromise and redesign the project. Cmr. Felber stated that, in his opinion, these days people pick one station over the other mostly based on gas prices. Additionally, he has no problem going with a pole sign or monument sign higher than the 6 foot high monument sign that the DRC recommended, and concurs with Cmr. Bensoussan's Planning Commission Minutes - 5 - July 26, 2006 comment about utilizing attractive landscape elements to attract business. Cmr. Felber asked for clarification from staff as to what the options are in terms of a decision for tonight. Mr. Hernandez responded that the Commission has three options; they are: . To affirm the decision of the DRC to deny the projects. If the applicant wishes, he can then reapply and return with a redesigned project and sign program to the DRC; . To continue the project, directing the applicant to work with staff and return to the Planning Commission with a revised design; and . Direct the applicant to go back to the DRC with a revised design, asking the DRC to render an opinion on the revised design and come back to the Planning Commission for a final decision. Cmr. Bensoussan stated that she favors directing the applicant to return to the DRC since they have the expertise in helping design a solution to the issues of concern. MSC (Trippl ) that the Planning Commission continue the public hearing to allow the applicant to work with staff in redesigning the project, addressing the issues that were raised. Motion failed due to lack of a second. MSC (TrippNinson) that the Planning continue the public hearing directing the applicant to return before the DRC with a revised project design. Discussion on the motion: Cmr. Vinson stated that although the Commission wants to see the project redesigned, there isn't consensus on whether it should be a monument sign or a lower pole sign, as well as the design on the canopy, therefore, he would recommend that the Commission uphold the DRC's decision and deny the project allowing the applicant the opportunity to reapply. Amended motion (Tripp/Bensoussan) (5-0-0-1) that the Planning Commission uphold the decision of the Design Review Committee to deny DRC 05-37. Motion carried. Amended motion (Tripp/Bensoussan) (5-0-0-1) that the Planning Commission uphold the decision of the Design Review Committee to deny DRC 05-38. Motion carried. DIRECTOR'S REPORT: Assistant Director Hare: . Welcomed newly-appointed Commissioners Clayton and Vinson, and stated that Cmr. Moctezuma would be joining them at the rext regular meeting on August 9. . Reported that staff is working on putting together a protocol/training workshop and tour for the new members and anyone else interested in attending. . Informed the Commission that staff will be agendizing under Special Order of Business the appointment of a Planning Commission representative to serve on the Growth Management Planning Commission Minutes - 6 - July 26, 2006 Oversight Commission for FY 06-07 and a representative to serve on the Redevelopment Advisory Committee (RAC). . Informed the Commission that Jim Sandoval presented the P&B Strategic Plan and Work Program to the City Council on July 25th and will be presenting it to the Planning Commission on August 9,2006. . Informed the Commission that there will be a City Council workshop on August 3rd to discuss the next phase of the General Plan Implementation which involves placing interim zoning and beginning the update of the Zoning Ordinance COMMISSION COMMENTS: Cmr. Bensoussan inquired about the role of the Planning Commission with respect to the review of the Urban Core Specific Plan EIR and Plan. Mr. Hare stated that both documents will be before the Planning Commission in September for their recommendation to the CVRC on its certification. Cmr. Felber recommended that in the future staff be more specific in informing the Planning Commission as to whether certain documents (i.e. the P&B Strategic Plan) is for informational purposes or if they need to provide input or recommendation on the document. Cmr. Felber inquired if there is anything that allows the city to regulate the color of buildings throughout the City. Luis Hernandez responded that projects going through the entitlement process go through the Design Review Committee who approves the color-scheme, however, after the project is completed, the building may be repainted at a later date at the discretion of the owner without oversight from the City. ADJOURNMENT: To a regular meeting of the Planning Commission on August 9, 2006. Submitted by: Diana Vargas Secretary to the Planning Commission PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 8/9/06 ITEM TITLE: Report: PCC-05-024 Six month review of Conditional Use Permit to operate a nighttime trucking facility at 120 Press Lane-G.I. Trucking Condition 12 of the Resolution PCC-05-024 of the subject Conditional Use Permit requires the preparation of a report on the nighttime trucking operation ofthe distribution facility at 120 Press Lane. The applicant has prepared and staff has reviewed monthly reports of truck activity levels for the last five month. Staff has not received complaints from surrounding residents about the night or daytime trucking operation. The project has been reviewed for compliance with the California Environmental Quality Act and it has been determined that the proposed project was adequately covered in the previously adopted Negative Declaration IS-05-01O. Thus, no further environmental review or documentation is necessary . RECOMMENDATION: That the Planning Commission adopt Resolution PCC-05-024-A accepting this report and deem Condition 1-2 of Resolution PCC-05-024 complete and satisfied. DISCUSSION: Background On December 14, 2005 the Planning Commission approved PCC 05-024 to modify a previously imposed condition requiring south facing doors be closed during nighttime hours (6 pm to 6 am). The modification allows a 24-hour operation. No increase in truck traffic was anticipated due to the proposed CUP modification. Expanded access to the south dock bays would allow the facility to operate in a more efficient manner by reducing existing trailer movement. Access to the project site was proposed to also remain via the existing truck route on streets within the industrial area, resulting in no traffic impacts anticipated. Due to concern from residents living in single family dwellings to the south, the Commission imposed a conditions limiting the amount of nighttime truck activity level as well as requiring a report to come back to the Commission within 6 months with a review of truck activity and any impacts to the surrounding area (See Condition 11 and 12 of Attachment 4) Staff Analvsis 1. Performance and Operation of Truck Terminal: Issue: Whether or not delivery operation during nighttime hours has created any negative impact on surrounding businesses or residents. Page 2 , Item: Meeting Date: 8/9/06 Analysis: To date, no complaints have been received by any residents of the surrounding area. As no complaints have been received, staff has not had the need to conduct physical inspections or prepare any investigation reports. 2. Maximum Truck DeliverieslHour: Issue: Has the applicant complied with restriction on maximum amount of truck trips allowed per hour between the hours of 10 pm to 7 am weekdays and 10 pm to 8 am on weekends? Analysis: On December 14, 2005, while the Planning Commission removed the restriction on use of south facing roll up doors allowing 24-hour operation, they imposed a new condition (See Condition 11, Attachment 4) restricting nighttime truck activity levels to a maximum of twenty truck trips per hour. A truck trip was defined as one arrival or one departure. The Planning Commission concurred with noise study that had been prepared which indicated exceeding this level of truck activity could affect the amount of noise generated on site which could create nuisance noise to the surrounding area. In order to monitor this restriction during the six month trial period, Condition 12 of Resolution PCC-05-024 required the applicant to provide staff with a monthly monitoring report of truck activity for Tuesdays, Thursdays and Saturdays between the hours of: 10 pm-II pm; 3 am to 4 am; and 6 am to 7 am. This background information was to be provided in the form of summary truck activity. Staff has reviewed these monthly activity reports for months of January-May 2006. The highest level of truck activity level was reported for May 2006. This activity report indicated there were a total of eight truck trips between the hours of 6-7 am on a Thursday. However, the majority of hours reported for each of the 5 months showed a truck activity level as low as 0-3 tripslhour. Thus, the trucking facility operated within the prescribed 20 trips per hour limit established by the Planning Commission. CONCLUSION Based on the evidence presented by the applicant and the fact that City staff has not received complaints about the daytime or nighttime trucking operation at the subject site location, staff recommends that the Planning Commission deem condition 12 complete and satisfied. Page 3, Item: Meeting Date: 8/9/06 Attachments 1. Locator Map/Site Map 2. Draft PC Resolution accepting six month report 3. Monthly truck activity level reports prepared by the applicant 4. Resolution PCC 05-24 5. PC Agenda Statement for meeting of December 14,2005 6. PC Minutes of public hearing on December 14,2005 7. Ownership Disclosure Statement J:\Planning.Case File~-05 (FY 04-05)\PCC\Public HearingJ>CC-05-024\StaffRepom\PC\PCC-05-024 Staff Report.doc ATTACHMENT 1 VICINITY MAP & SITE MAP A.#C\vhme-iA-t"- .1- ~ \-\f:>-~~~\.. oDe \'N ~~\{ t-\"O s'fJ~t:: . . \ ---.-- City of Chu/a Vist~ a--- . oUnci~ . ., . e BUilding Construction Co .. . . \ . . \ . . \ . . \ . . \ Target CS\ ~ ~ CHULA VISTA PLANNING LOCATOR :~~~I~~1T: G.I. Trucking Co. C) PROJECT 120 P L ADDRESS: ress ane SCALE: FILE NUMBER: NORTH No Scale PCC-05-024 AND BUILDING DEPARTMENT PROJECT DESCRIPTION: MISCELLANEOUS Request: The project proposal consists of a modification to the existing Conditional Use Permit to remove the condition restriction that shippil'1g bay doors, facing south, remain closed from 6:00 p.m. to 6:00 a.m., Related cases: 15-05-010 J: \plan ning\carlos \locators\pcc05024 .cdr 07.05.06 ATTACHMENT 2 DRAFT PLANNING COMMISSION RESOLUTION A --H--?-.d1WteYl + d..- , RESOLUTION NO. PCC-05-024-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING SIX MONTH REPORT REVIEWING TRUCK ACTIVITY LEVEL AT 120 PRESS LANE WITHIN THE SWEETWATER INDUSTRIAL PARK AND DEEMING THE CONDITION SATISFIED WHEREAS, on November 16, 1973, the City Council approved PCC 73-7 to allow a truck terminal operation at 120 Press Lane with the condition that the south facing doors could not be open between the hours of 6:00 p.m. and 6:00 a.m; and WHERAS, on December 15, 2005 the Planning Commission approved PCC-05-024 to modify the previously imposed condition requiring south facing doors be closed during nighttime hours and allow a 24-hour operation; and WHEREAS, Condition 1.1 of PCC-05-024 requires the applicant to record hourly truck activity during certain specified hours, for a six-month period and as requested by staff, and to make the information available to City staff in the form of monthly reports; and WHEREAS, Condition 1.2 ofPCC-05-024 requires staffto prepare a report to the Planning Commission reviewing the truck activity and the performance and operation of the facility at 120 Press Lane with the south facing doors operating 24 hours per day, seven days per week; and WHEREAS, the applicant has provided staff with monthly activity reports of the level of truck trips during specified nighttime hours; and WHEREAS, staff has reviewed monthly activity reports from the applicant which indicate nighttime truck activity is below the maximum twenty trips per hour imposed on the project per Condition 1.1 ofPCC-05-024; and WHEREAS, staffhas prepared a report to the Planning Commission in the Agenda Statement dated July 12, 2006, including the attachments, and recommends that the Planning Commission deem Condition 1.2 satisfied and complete; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the proposed Project was adequately covered in previously adopted Negative Declaration Is-05-0lD. Thus, no further environmental review or documentation is necessary. WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on July 12, 2006, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the 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. C:\Documents and Settings\jeffs\Local Settings\Temporary Internet Files\OLK78\Truck Activity at 120 Press Lane.doc NOW, THEREFORE BE IT RESOLVED by the Planning Commission ofthe CityofChula Vista that it accept the report prepared by City staff and deems Condition 1.2 of Resolution PCC-05-024 complete and satisfied. APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 9th day of August 2006, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary Page 2 ATTACHMENT 3 MONTHLY TRUCK ACTIVITY LEVEL SUMMARY -; = 's ;.... 0) ~ ~ u o~- ~5\C .- Q., <:;) . ~ Q) <:;) =.o:::N;>. c<: >,.;>.; r.n ,...-;.... S I :~ ~ S ~~;=: N~""r.n a ~ " ~ >. oi -0 ... ::I ~ <n >: co ~ ... := ~ >: co ~ '" .::1 E-<>. ~; c= e g E '" = ....<n A-#zac.-h Wt~ +- :3 :s <:> N N N I() ..... '" I() '" N '" '" N N '" <:> 0 ..... ..... ..... E-< ~ ~ ::I 0 - - N c<1 to- - N - N \0 - - - N I() c;- o \0 ~O~.-ON~ -....co o 0 ("t') f"-o 0 M M- E-< ..... ~ "5 -q-OO-c<10-1f) ri, ~ON..q-O"""'~ -; ..... -0 <:> .... ..... to- N ..... E-< ~ p.. "5 - 0 0 0 c<1 - '0:1' - 0 0 - ..s 0 - - -q- - to- '0 '0 00 00 ~23 s ~;:::; \0 '0 00 00 ~~ to- -q- - N ;:::;::::; '0->' o .s c= o Q "'Cf. SE-4~ ~ E-< >.:>.:>.:>.>. CI$ ~ ccf CI$ CI$ "0 "d "0 "'0 '"0 tI] CI] tI] tI] en Q) Q) Q) IU t1) ::s ::s ::s ::s ::s f-<E-<E-<E-<f- N\f)NOI:"- M~\QM;!: ......-IN("I'j....-or--. ...... N ("I'j..- r--- ('f") ('1"') M ,...-40'\ ,......... N 0 0 M N ....... N....... \0 \0 \0 \0 \0 o 0 180 <=>0000 ~.c:!NN -..,V"1 -..,~ G\ ~ ~=SS :>.>.:>.>. CI$ ~ d CI3 "C "'C "'C "'0 CI] (I) en CI] 1-0 _ 1-0 1-0 :J ~ ::s ::s _ ..c: ..c:: ..c E-<f-E-<f- N....-I.............. 'f1 ~ ('f") Q M III ........ MOO "I:f' 000--'1"""4 0001010. 00000 00000 - >. ~~ E-< ~ :: ~ 88:g83~ OOOOo"t:S ~~S~~B S;......NN ~:::;:::;~ ~ :>.>.>.>. ccf CI$ as ccf "0'"0"0"'0 5 5 3 ~ ~ "';S cd as Cl.)U)~r/) 0; .... ...... '" ...... '" \0 '" ...... '" '" I:"- ...... ...... <:> ...... '" 0 ..... ~ "5 ...... ('oJ...... ('oJ \0 N ...... N N I:"- ...... ...... 0 ...... '" I:"- 0 J:, ..s 000 0 <:> o 0 0 -0 0 00 0 0<:> '3 'I"'""! ~ ('i") 0 to <:> <:> "'...... ...., <:> ...... '" '" to 0 ..... ~ "5 ...... ...... C'1 0 to 0 0 ('oJ ...... ...., 0...... N N to '1 0 C'1 ..s 0000 <:> 00000 0 0 0 o <:> >. .... 0; ~ s -0 <:> ...... ...... <:> '" to <:> <:> ..". 0'1 <:> <:> <:> <:> <:> S ..... :::I "J .a :::s ..... ~ .... p., .... 0 <J :::I 0 0 0 0 <:> N 0 0 ('oJ ..". 0 0 0 0 <:> C. ~ ...... 0 <U , ~ >. 0 ~ >. "0 .... ..... :::I :E -:0 ..... "J ..s 0 ...... ...... 0 '" C'1 0 0 N In 0 0 0 0 <:> <:.J >: < ~ -; '0 '" .... '-0 '-0 '-0 '-0 >. '-0 '-0 '-0 '-0 >. '-0 '-0 '-0 '-0 >. = :::I 0 0 0 0 ~ 0 0 0 0 ~ 0 0 0 0 ~ 'S ~ 0 0 0 0 '0 0 0 0 0 "0 0 0 0 0 '0 ~ C:! S C:! '" ~ ~ C:! ~ !" C:! S C:! C:! .... >. 0 @ :::I .... .... >: ..... ~ co :::I N 0'\ '-0 C'1 ..". co '" -:0 <U 0 C:! ~ ..... ~ ~ ...... ~ ~ ...... ~ Eo< 0:1 ~ N -- ~ -- -- "J S '0 ('oJ ('oJ N 0; N N N '" '" '" '" N '" 0 0 0 0 0 0 0 0 0; 0 0 0 0 ~ < S <J -0 :::I -0 0 U = ..... ..... ..... ..... ~en >. 0,<:> .... >. ;>. >. ;>. >. >. >. >. >. >. ~ ~ iU' ~ '" '" ~ '" "' '" "' '" /jfo :::I '" "' "0 "0 "0 -g "E "E "E "E <= "0 "0 "0 "0 ~ '" ~ ::J .- 0 .... '" '" '" '" ::; ... :::I .a :::I .a ..Q v v <> v := ::: :::I QM <> :::I :::I :::I ~ t:: ..c: t:: os '" os "' '" ~ bb E-< E=: E-< en en en en '" = >. <> .... .... 0:1 ~ en 0:1 ~ . E ~ N ..Q <;; 0'\ <U rTJ N c.. Estes Express Lines 292 - San Diego, CA Terminal Activity Report March 2006 Summary March Tuesday, Thursday, Saturday Activity Summary 10-11 PM I 3-4 AM I 6-7 AM I In I Out I Total I In I Out I Total I In I Out I Total I Tuesday ######## 1 1 2 0 0 0 0 2 2 Tuesday ######## 0 0 0 2 1 3 2 1 3 Tuesday ######## 1 1 2 1 2 3 2 1 3 Tuesday ######## 0 1 1 3 3 6 2 1 3 Total Tuesday 2 3 5 6 6 12 6 5 11 Thursday ######## 4 3 7 0 1 1 2 2 4 Thursday ######## 1 0 1 1 0 1 0 1 1 Thursday ######## 0 0 0 0 0 0 1 0 1 Thursday ######## 0 1 1 0 1 1 0 1 1 Thursday ######## 0 1 1 1 1 2 1 1 2 Total Thursday 5 5 10 2 3 5 4 5 9' Saturday ######## 1 0 1 0 0 0 I 0 1 Saturday ######## 0 0 0 0 0 0 0 0 0 Saturday ######## 1 0 1 0 0 0 0 0 0 Saturday ######## 0 0 0 1 0 1 0 0 0 Total Saturday 2 0 2 1 0 1 1 0 1 Estes Express Lines 292 - San Diego, CA Terminal Activity Report April 2006 Summary April Tuesday, Thursday, Saturday Activity Summary 10-11 PM I 3-4 AM I 6-7 AM I In I Out I Total I In I Out I Total I In I Out I Total I Tuesday ######## 1 1 2 1 1 2 0 1 1 Tuesday ######## 3 2 5 I I 2 I 4 5 Tuesday ######## 1 1 2 0 0 0 2 1 3 Tuesday ######## 3 3 6 0 0 0 2 2 4 Total Tuesday 8 7 15 2 2 4 5 8 13 Thursday ######## 1 1 2 2 2 4 1 I 2 Thursday ######## 1 I 2 0 0 0 2 2 4 Thursday ######## 1 2 3 1 2 3 2 2 4 Thursday ######## 4 4 8 2 2 4 2 2 4 Total Thursday 7 8 15 5 6 11 7 7 14 Saturday ######## 0 0 0 3 2 5 2 0 2 Saturday ######## 0 0 0 0 1 1 3 0 3 Saturday' ######## 0 0 0 2 2 4 0 0 0 Saturday ######## 0 0 0 I 1 2 I 1 2 Saturday ######## 0 0 0 3 2 5 1 0 1 Total Saturday 0 0 0 9 8 17 7 1 8 292 - San Diego, CA Ter.minal Activity Report May 2006 Summary May Tuesday, Thursday, Saturday Activity Summary 10-11 PM 3-4 AM 6-7 AM In Out Total In Out Total In Out Total Tuesday 05/02/06 1 0 1 1 0 1 2 2 4 Tuesday 05/09/06 1 0 1 1 0 1 3 2 5 Tuesday 05/16/06 1 0 1 0 0 0 2 2 4 Tuesday OS/23/06 1 0 1 0 0 0 2 2 4 Tuesday 05/30/06 0 0 0 0 0 0 2 2 4 Total Tuesday 4 0 4 2 0 2 11 10 21 Thursday 05/04/06 2 0 2 1 0 1 2 2 4 Thursday 05/11/06 1 0 1 0 0 0 6 2 8 Thursday 05/18/06 2 0 2 1 0 1 3 2 5 Thursday OS/25/06 1 0 1 2 0 2 2 4 6 Total Thursday 6 0 6 4 0 4 13 10 23 Saturday 05/06/06 0 0 0 3 0 3 0 0 0 Saturday 05/13/06 0 0 0 2 0 2 0 0 0 Saturday OS/20/06 0 0 0 0 0 0 1 0 1 Saturday OS/27/06 0 0 0 0 0 0 0 0 0 Total Saturday 0 0 0 5 0 5 1 0 1 ,~ :t " . ~ , .. ATTACHMENT 4 PLANNING COMMISSION RESOLUTION PCC-05-024 A th:-~<c}J rne-r\ + '-I 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 PERlVIIT FOR A TRUCK TERMINAL OPERATION AT 120 PRESS LANE WITHIN 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 project may have a significant effect on the environment; therefore, the Environmental Review Coordinator has prepared aN egative Declaration, IS-05-0 1 0; 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 of the 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 RESOL VED 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-05-01O) has been prepared in accordance with the requirements of the 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-05-01O). REQUIRED CONDITIONAL USE PERlVIIT 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 of the 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 Permit, 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 terminal 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 permit including infill of additional industrial businesses to the south between the truck terminal and the existing mobile home park as well as construction of Highway 54 to the north. An acoustical study was prepared to determine ifthere 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 of this 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 terminal. The use is compatible with the land use designations of the adopted General Plan. BE IT FUTHER RESOL VED THAT the Planning Commission of the City of Chula Vista hereby'grants Conditional Use Permit PCC-05-024 subject to the following conditions, whereby the applicant ami/property owner, prior to issuance of building permits shall: PJge 2 I. Ongoing Conditions: I. 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 cOrrimercial 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 arid Saturday night of operation or as required. S~id 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 and this item shall then be scheduled for the next available public hearing. 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 truck 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. The report will also include a staff recommendation regarding the numoer and nature of complaints which should give rise to the commission's consideration of further modification or revocation of the Conditional Use Permit. 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 1 0 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-7am 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 Pagt: .3 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 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 Permit 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 iridirectly, from (a) City's approval and issuance of this modification to Conditional Use Permit and (b) City's approval or issuance of any other permit 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 Permit where indicated below. Applicant' s/operator' s compliance with this provision shall be binding on any and all ofthe applicant's operator's successors and assigns. 10. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 11. This Conditional Use Permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or. welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee 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 Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, 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. P:1gc -+ 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 indica~ing 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 of the 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 permits and/or a business license, be held in abeyance without approval. !;i(.fJ-Lf cJ. f~ ~. ~/f /~ Signatu-;:JofProperty Own& Date 120 Pres ane tJ,UCrJf. ",c K.'61z. 6:;~ re of Applicant lit 10(, Date V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if (illY of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits,. 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 of this 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 of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the pennit shall be deemed to be automatically revoked and of no further force and effect ab initio. Page 5 -, APPROVED BY THE PLANNlNGCOMMISSION OF CHULA VISTA, CALIFORNIA, this 14th day of December 2005, by the following vote, to-wit: Felber, Madrid, Bensoussan, Hom, Nordstrom, Tripp AYES: NOES: ABSENT: ABSTAIN: ATTEST: J :/pl an n i n gJ case ti 1 es/ 05/ pc c/pub I i che:Jfin gJ pcc(}~2 4/reso I uti 0 ns/pcapproved .~ \j"-- N\ ~/) Vicki Madrid, Chair ---- --;. Page 0 ATTACHMENT 5 PLANNING COMMISSION AGENDA STATEMENT FOR DECEMBER 14, 2005 .k~~Wte-Y1+ 5 PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 12/14/05 t 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- G.I. Trucking The Applicant, G.!. 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 propos~d project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05-0 1 0, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Revie'w Coordinator has determined that there is no s'p.bstantial 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 adj acent residents expressing concerns related to potential nighttime and early morning noise impacts as well as potential traffic impacts. These issues are summarized below. Publicc01,nment letters and City responses are shown in Attachment 4. ., .i RECOMMENDATION:' T~at 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 of the operation ofa truck tehninal 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) 1-1 Page 2 I Item: Meeting Date: 11/30105 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 mobiJe home park to the south, a condition was imposed which stated that the south fac.ing doors could not be open between the hours of 6 pm to 6 am. Subsequent to this time, the area between the truck terminal and the mobile home p~k 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 Qctober 2002 based upon a . complaint. There was evidence that the south facing doors had been open between the restricted hours of6:00 p.m. to 6:00 a.m. The operations manager claimed to be unaware of the restricted hours. InDecember2002 the case was abated and the south facing doors kept c10sedduring 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 terminal buildiIlg, an attached office building and a separate machine shop. G.!. Trucking is authorized to operat~ under Conditional Use Permit PCC 73-7. This application seeks only to remove Condition No.3 that liniits the hours when the south-facing doors may remain open. . ~ ~ , . Immediately to the north of the project site is the 54 Freeway. The freeway lies atop a 30-foot berm, 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.I. Trucking terminal. 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 II., Zone to the southeast (diagonally across ftom G.!. Trucking at the corner of Press Lane and Trousdale), that is partially operated by a construction company. TIlls lot is unimproved, but contains several industrial trailers and stacks of construction supplies. Theback half of this lot slopes sharply up to a height of approximately 60 feet. Beyond this to the southeast, approximately 250-300 feet ftomthe G.I. Trucking facility, are twelve lots in the Single-Family Residential (R -1) Zone. . 1_" . L. , Page 3 r Item: Meeting Date: 11/30/05 4. General Plan, Zoning and Land Use Site General Plan Zoning Existing Land Use Orientation Site Li t Industrial II., Truck Temrinal. North --------- Highway 54 South Light Industrial II., Industrial Park East Residential R3 Residential West Light Industrial II., Self-storage; light industrial 5. Staff Analysis Current Operation: The truck terminal facility handles the transfer of shipped goods for distribution to other terminals and customers. GJ. Trucking tractors bring their trailer~ to the site, an~ the trailers are detached and moved by an on-site "hostler" (a truck and drive that only moves trailers on-site) to one of the 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 ,?Te temporarily parked elsewhere on-site, without their tractors. When a docking bay becomes free, the hos,tler moves a trailer to that position fQrloading and/or unloading. Because of the current CUP restrictions o:q. south-facing operations, the pays on the north side are almost always occupied when truck ariive at {he 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 of the 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 r~ducing 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 lmpactsare anticipated. ,', . . . " . . 1_~ 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 of the 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 industiial park to the south and east, which has helped to buffer the truck terminal 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 of times trailers are moved on the site resulting in more efficient operations and a reduction ill 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 deteimined that the proposed project would not have a significant effect on the environment. As part of the preparation of the Negative Dec'laration, a noise report was prepared to assess the impact of the project on the surroUIiding 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 determined 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 proj ect may perceived on-site activities as a nuisance noise over intermittent periods oftime. Intermittentnoisesthat currently occur as a result of permitted industrial activities such as metal plates being lowered, vehicl~ 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 intermittent 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. of. _ II 1-'+ Page 5, Item: Meeting Date: 11/30/05 A total oftbree 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 e.dge 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 of the residents in this area, the proj ect 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 information as to the general specifications of the 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 exi~ting 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 determine if there is a way to minimize the concern over openiri.g 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 determined 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 C~C. ~ Although there are 24 truck b~ys (and 12 doors) located on both the north and south sides of the truck terminal, there are occasions where the most efficient truck transfer will occur if trucks are located on opposite ends of the terminal. 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. If there 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 Staffbelieves thaI the applicant's proposal is reasonable and recoi:nmends the Planning Commission ...... I-\) Page 6, Item: Meeting Date: 11/30105 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 ofjustification/Letters in support of proposed modification submitted with appl~cation 3. Negative Declaration 4. Response to comments 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 " ., .0 ATTACHMENT 6 PLANNING COMMISSION MINUTES DECEMBER 14, 2005 Commission Discussion: Cmr. Felber - I'm toying with a couple of possibilities here; I believe that they really want to make this work. It sounds like if we're jostling trucks around much less at night there's probably going to be less overall noise. The nuisance noise may still be a problem and I think that's what we're really concerned with. The ambient noise of the general operation is not really going to be a problem and it may even get a little bit less with moving so many trucks around. I'm leaning towards going ahead with a six-month test period. It doesn't matter to me whether or not it comes back as a business item for us to decide whether or not we need to have another public hearing, or whether or not we just have another public hearing. One of the things that I would want to do; I guess I'd ask staff's advice on this and I don't if its something you have to go back and study or not. But, if the six-month period works out (I'm not saying you would do this, but), just in case something like this were to happen; this first six-month period they could be on their best behavior and once the six-months is over, maybe not be quite as careful because they know that the approval is not necessarily going to come back to us. So I guess... would there be any issue with us putting another condition in it, that basically we went through this test period, but that even after that, even after this test period goes through and everything seems to be fine; the neighbors are okay with it; the trucking company's okay with it and it all seems to be working well, that after that if there are say more than five complaints in a si,x-month period or whatever reasonable number would be, that the Planning Commission could review it again and try to figure out what's causing the problem or rescind the additional hours. John Schmitz - The answer to your question is that the City has the authority to pull up any Conditional Use Permit anytime there is a concern that it is no longer meeting the conditions of approval or may have become a problem and is no longer compatible with surrounding uses. Gmr. Felber - So if we added a condition along those lines, that if there were more complaints than a certain number within a certain period, whatever reasonable number and period might be; I'm thinking off the top of my head, 5 complaints within a six month period, we could add that condition. If there are more than 5 complaints it could be brought back to the Commission for reconsideration. Jill Milland - There is a condition in the permit as written that allows the City to modify it upon hearing and notice to the parties and so the Commission at its discretion can do that at any time. If you want to set that type of standard, you can direct staff to monitor that and come back to you at any time they have rE~ceived a certain number of complaints. In addition, the neighbors or anyone in the area who believes that the applicant is not complying with the conditions, has the ability to come to the Planning staff and present that evidence and staff can then set it for a hearing with the Commission at that time. So those are some options that you have to address that concern. Or you could after six months set it again for a six-month staff report and consider it again at that time. Cmr. Felber - I would like to make a motion that we go ahead and accept the six month test period; at the end of six months we review the results of that six month period and then during the time between now and then maybe if staff could at least give their recommendation on what would be a reasonable number of infractions within some reasonable period, whatever they think that might be that we could consider at that time. And at that time, we would consider whatever that condition or restriction might be and then impose whatever the will of the Commission is at that time. Cmr. Madrid - Cmr. Felber I would support that, although I'd like to add that it trigger a public hearing at the six month period. Cmr. Nordstrom - Madame Chair, could we hear from the balance of the commissioners before we consider the motion. Several observation; it appears to me that the applicant is certainly going well above and beyond what would be normal as far as trying to be good neighbors; that's #1. and I applaud you for it. #2. and according to public testimony, they have been as of late, good neighbors and so I find that also in your favor. In the one element that I did ask Mr. Welker about, had he sat down with the management team from GI Trucking...when it comes to good neighbor policy, my recommendation is that the management team go knock on some doors. and invite your neighbors to your facility so that they know what's going on inside your facility, they have a better idea of what GI Trucking does. As well as the management team going to their living room to hear what it is they have to live with because then you truly get a true picture of what it is that they are facing in your neighborhood. And so, if we as a body allow a six-month test to go on, then I think that you all at least have come to the table and understand all of the predicaments. Cmr. Tripp - Initially I had an issue with the first finding "... that the proposed use at the location is necessary, desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community..." Understanding that this is a Limited Industrial Zone and apparently the 24 hour truck operation, understanding it needs a CUP is on its face not compatible with an adjacent residential zone or the Limited Industrial Zone designation and its only by complying with conditions imposed on a CUP that we can find it to be compatible. I'm encouraged that the freeway is there; I'm encouraged that Mrs. Welker felt that the management had been responsive to some degree with the six month trial period sort of speak, that coming back as a public hearing I am able to support the finding and I'd just like to encourage the neighbors that if you feel there. is a legitimate noise impact in the area, I don't think a private consultant cost a lot of money to measure the noise level between 6:00 p.m. and 6:00 a.m. Six months from now if you came in with some factual, objective information that helped your point that the use itself 24 hrs. a day is incompatible, I'd consider changing my perspective, but other than that I can support it. Chair Madrid - Okay, we have a motion on the floor. Cmr. Homm - Initially I probably was not going to go the way of the trucking company, but Ms. Maidman,. you convinced me of how you are of being a good neighbor. I encourage you to stick with it because if it comes back in six months and the neighbors are upset, I would definitely not support it at all. I will also support the motion Chair Madrid - Motion carries unanimously (6-0) Commission DiscaJlssion: Cmr. Felber - I'm toying with a couple of possibilities here; I believe that they really want to make this work. It sounds like if we're jostling trucks around much less at night there's probably going to be less overall noise. The nuisance noise may still be a problem and I think that's what we're really concerned with. The ambient noise of the general operation is not really going to be a problem and it may even get a little bit less with moving SQ many trucks around. I'm leaning towards going ahead with a six-month test period. It doesn't matter to me whether or not it comes back as a business item for us to decide whether or not we need to have another public hearing, or whether or not we just have another public hearing. One of the things that I would want to do; I guess I'd ask staffs advice on this and I don't if its something you have to go back and ,study or not. But, if the six-month period works out (I'm not saying you would do this, but), just in case something like this were to happen; this first six-month period they could be on their best behavior and once the six-months is over, maybe not be quite as careful because they know that the approval is not necessarily going to come back to us. So I guess... would there be any issue with us putting another condition in it, that basically we went through this test period, but that even after that, even after this test period goes through and everything seems to be fine; the neighbors are okay with it; the trucking company's okay with it and it all seems to be working well, that after that if there are say more than five complaints in a six-month period or whatever reasonable number would be, that the Planning Commission could review it again and try to figure out what's causing the problem or rescind the additional hours. J.ohn Schmitz - The answer to your question is that the City has the authority to pull up any Conditional Use Permit anytime there is a concern that it is no longer meeting the conditions of approval or may have become a problem and is no longer compatible with surrounding uses. Gmr. Felber - So if we added a condition along those lines, that if there were more complaints than a certain number within a certain period, whatever reasonable number and period might be; I'm thinking off the top of my head, 5 complaints within a six month period, we could add that condition. If there are more than 5 complaints it could be brought back to the Commission for reconsideration. Jill Milland - There is a condition in the permit as written that allows the City to modify it upon hearing and notice to the parties and so the Commission at its discretion can do that at any time. If you want to set that type of standard, you can direct staff to monitor that and come back to you at any time they have received a certain number of complaints. In addition, the neighbors or anyone in the area who believes that the applicant is not complying with the conditions, has the ability to come to the Planning staff and present that evidence and staff can then set it for a hearing with the Commission at that time. So those are some options that you have to address that concern. Or you could after six months set it again for a six-month staff report and consider it again at that time. Cmr. Felber - I would like to make a motion that we go ahead and accept the six month test period; at the end of six months we review the results of that six month period and then during the time between now and then maybe if staff could at least give their recommendation on what would be a reasonable nUfT1ber of infractions within some reasonable period, whatever they think that might be that we could consider at that time. And at that time, we would consider whatever that condition or restriction might be and then impose whatever the will of the Commission is at that time. Cm!". Madrid - Cmr. Felber I would support that, although I'd like to add that it trigger a public hearing at the six month period. Gmr. Nordstrom - Madame Chair, could we hear from the balance of the commissioners before we consider the motion. Several observation; it appears to me that the applicant is certainly going well above and beyond what would be normal as far as trying to be good neighbors; that's #1. and I applaud you for it. #2. and according to public testimony, they have been a~ of late, good neighbors and so I find that also in your favor. In the one element that I did ask Mr. Welker about, had he sat down with the management team from GI Trucking...when it comes to good neighbor policy, my recommendation is that the management team go knock on some doors and invite your neighbors to your facility so that they know what's going on inside your facility, they have a better idea of what GI Trucking does. As well as the management team going to their living room to hear what it is they have to live with because then you truly get a true picture of what it is that they are facing in your neighborhood. And so, if we as a body allow a six-month test to go on, then I think that you all at least have come to the table and understand all of the predicaments. Cmr. Tripp - Initially i had an issue with the firstfinding "...that the proposed use at the location is necessary, desirable to provide a service or facility which will contribute to the genera! we/I-being of the neighborhood or the community...}J Understanding that this is a Limited Industrial Zone and apparently the 24 hour truck operation, understanding it needs a CUP is on its face not compatible with an adjacent residential zone or the Limited Industrial Zone designation and its only by complying with conditions imposed on a CUP that we can find it to be compatible. I'm encouraged that the freeway is there; I'm encouraged that Mrs. Welker felt that the management had been responsive to some degree with the six month trial period sort of speak, that coming back as a public hearing I am able to support the finding and I'd just Jike to encourage the neighbors that if you feel there. is a legitimate noise impact in the area, J don't think a private consultant cost a lot or money to measure the noise level betvveen 6:00 p.m. and 6:00 a.m. Six months from now if you came in with some factual, objective information that helped your point that the use itself 24 hrs. a day is incompatible, I'd consider changing my perspective, but other than that I can support it. Chair Madr~d - Okay, we have a motion on the floor. Cmr. Homm - InitiaJ/y j probably was not going to go the way of the trucking company, but Ms. Maidman,. you convinced me of how you are of being a good neighbor. I encourage you to stick with it because if it comes back in six months and the neighbors are upset, I would definitely not support it at all. I will also support the motion Chair Madrid - Motion carries unanimously (6-0) Commission Discussion: Cmr. Felber - I'm toying with a couple of possibilities here; I believe that they really want to make this work. It sounds like if we're jostling trucks around much less at night there's probably going to be less overall noise. The nuisance noise may still be a problem and I think that's what we're really concerned with. The ambient noise of the general operation is not really going to be a problem and it may even get a little bit less with moving so many trucks around. I'm leaning towards going ahead with a six-month test period. It doesn't matter to me whether or not it comes back as a business item for us to decide whether or not we need to have another public hearing, or whether or not we just have another public hearing. One of the things that I would wanUo do; I guess I'd ask staff's advice on this and I don't if its something you have to go back and study or not. But, if the six-month period works out (I'm not saying you would do this, but), just in case something like this were to happen; this first six-month period they could be on their best behavior and once the six-months is over, maybe not be quite as careful because they know that the. approval is not necessarily going to come back to us. So I guess... would there be any issue with us putting another condition in it, that basically we went through this test period, but that even after that, even after this test period goes through and everything seems to be fine; the neighbors are okay with it; the trucking company's okay with it and it all seems to be working well, that after that if there are say more than five complaints in a six-month period or whatever reasonable number would be, that the Planning Commission could review it again and try to figure out what's causing the problem or rescind the additional hours. John Schmitz - The answer to your question is that the City has the authority to pull up any Conditional Use Permit anytime there is a concern that it is no longer meeting the conditions of approval or may have become a problem and is no longer compatible with surrounding uses. Gmr. Felber - So if we added a condition along those lines, that if there were more complaints than a certain number within a certain period, whatever reasonable number and period might be; I'm thinking off the top of my head, 5 complaints within a six month period, we could add that condition. If there are more than 5 complaints it could be brought back to the Commission for reconsideration. Jill Mil/and - There is a condition in the permit as written that allows the City to modify it upon hearing and notice to the parties and so the Commission at its discretion can do that at any time. If you want to set that type of standard, you can direct staff to monitor that and come back to you at any time they have received a certain number of complaints. In addition, the neighbors or anyone in the area who believes that the applicant is not complying with the conditions, has the ability to come to the Pfanning staff and present that evidence and staff can then set it for a hearing with the Commission at that time. So those are some options that you have to address that concern. Or you could after six months set it again for a six-month staff report and consider it again at that time. Cmr. Felber - I would like to make a motion that we go ahead and accept the six month test period; at the end of six months we r~view the results of that six month period and then during the time between now and then maybe if staff could at least give their recommendation on what would be a reasonable number of infractions within some reasonable period, whatever they think that might be that we could consider at that time. And at that time, we would consider whatever that condition or restriction might be and then impose whatever the will of the Commission is at that time. Cmr. Madrid - Cmr. Felber I would support that, although I'd like to add that it trigger a public hearing at the six month period. Cmr. Nordstrom - Madame Chair, could we hear from the balance of the commissioners before we consider the motion. Several observation; it appears to me that the applicant is certainly going well above and beyond what would be normal as far as trying to be good neighbors; that's #1. and I applaud you for it. #2. and according to public testimony, they have been as of late, good neighbors and so I find that also in your favor. In the one element that I did ask Mr. Welker about, had he sat down with the management team from GI Trucking...when it comes to good neighbor policy, my recommendation is that the management team go knock on some doors and invite your neighbors to your facility so that they know what's going on inside your facility, they have a better idea of what GI Trucking does. As well as the management team going to their living room to hear what it is they have to live with because then you truly get a true picture of what it is that they are facing in your neighborhood. And so, if we as a body allow a six-month test to go on, then I think that you all at least have come to the table and understand all of the predicaments. Cmr. Tripp - Initially I had an issue with .the first finding"... that the proposed use at the location is necessary, desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community..." Understanding that this is a Limited Industrial Zone and apparently the 24 hour truck operation, understanding it needs a CUP is on its face not compatible with an adjacent residential zone or the Limited Industrial Zone designation and its only by complying with conditions imposed on a CUP that we can find it to be compatible. I'm encouraged that the freeway is there; I'm encouraged that Mrs. Welker felt that the management had been responsive to some degree with the six month trial period sort of speak, that coming back as a public hearing I am able to support the finding and I'd just like to encourage the neighbors that if you fee! there is a legitimate noise impact in the area, I don't think a private consultant cost a lot of money to measure the noise level between 6:00 p.m. and 6:00 a.m. Six months from now if you came in with some factual, objective information that helped your point that the use itself 24 hrs. a day is incompatible, I'd consider changing my perspective, but other than that I can support it. Chair Madrid - Okc;lY, we have a motion on the floor. Cmr. Homm - Initially I probably was not going to go the way of the trucking company, but Ms. Maidman,. you convinced me of how you are of being a good neighbor. I encourage you to stick with it because if it comes back in six months and the neighbors are upset, I would definitely not support it at all. I will also support the motion Chair Madrid - Motion carries unanimously (6-0) ATTACHMENT 7 OWNERSHIP DISCLOSURE FORM , e ~V~. -.- r__ :- .= CIlY OF CHUIA VlsrA p ., ann j n g & B u i I. din g Planning .Division O' e par t m. e n t'- Development Processing Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon' matters that will. require_discretionary action by the Cou~cil Planning Commission and all other official bqdies of the City,' a stateri}ent of disclosure of certain ownership o~ fInanQiai . interests, payments, or campaign contributions for a City of Chul,a Vista election must be filed. The following information must be disclosed: . 1. List the nameS of all persons having a financial interest in the prope'rty that is the subject of the application or the contra,::t, e.g., owner, applicaf}t, contractor, subcontractor, material supplier. ' C.l. Trucking Comp~ny 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 organiza'tion or trust, list the names of any person serving as director of the non-profit organi,zation or as trustee or beneficiary or tru~tor of the trust. 4. Please identify every person, including any agents, employees, consultants, or. independent contractors you have . assigned to represent you qefore the City in this matter, . '. .~ ;" Linda A. ~ernhardt Recoil_Engineering "~ . Angela Mai4ment Patrick Lynch . 5. Has any person* associated :f(th this contract had any financial dealings with an official** of the City of Chura Vista as it relate's to this contract within the past 12 months. Yes_ No-L '. . . If Yes, ~rieffy describe the' nature of the financial interest the official** may have in.this contract. 6. Have yoo made a contribution of more than $250. within the past twelve (12) months to a current member of the Chula Vista City Councif? No ~ Y~s~ If yes, whi,?h Council member? 275 Fourth ,l>-.vefltJE' Chula Vista ! California 1-53 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 President CFO/Secretary/Treasurer V.P. Operations V.P. Sales . V.P. Safety.&Maintenance Directors William T. Reid Henry R. Stevens Robey Estes, Jr. Billy Hupp Steve Hupp ,,1" ~J .~ .. ~'t j t ~ ~.. . City Of Chula Vista Disclosure Statement - Page 2- 7. Have you provided more than $340 (or an item.of equivalent value) to an official** of the City of Chula Vista in the past twelye (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No-L If Yes, which offitial** and what ,<<as the nature of item provided? Date: 11- '-(-Dr ~a~~ . Signature of Contractor/Applicant . Linda A. .Bernhardt Print or type name of Contractor/Applicant Person is defined as: any individual, firm. ~o-partnership, joint 'venture, association, social club, fratemal 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 memb~r, Planning Commissi(?ner, Member of a board, commission, or committee of the City, employee, or staff members: ..( .. ,.:,~ :, t ," 276 Fourth Avenue Chula Vista. California 91910 (619) 691-5101 Page 1 of I ~~\f- -\0 r- --- < :\....~..~/. ~----.......-- ~~'( \\ \\ G" ~ ~ ~\~ \ \_--- ~ ~~ ~ "J'. ~DC \ ~ '<. \1 L i 0 l J~bo III G d http://cvmapper/output/umapit_CVMAPPER3 70416127025 .jpg 07/19/2006