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HomeMy WebLinkAboutPlanning Commission Minutes 2008/02/25MINUTES OF A JOINT MEETING OF THE PLANNING COMMISSION &CHULA VISTA REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA 6:00 p.m. February 25, 2008 Council Chambers 276 Fourth Avenue Chula Vista, California CALL TO ORDER: ROLL CALL: Planning Commission Members Present: Tripp, Vinson, Felber, Moctezuma, Bensoussan, Clayton, Spethman CVRC Members Present: CVRC Member Absent: INTRODUCTORY REMARKS: 6:05:37 PM ORAL COMMUNICATIONS: Lewis, Paul, Reyes, Rooney, Munoz, Salas Desrochers Read into the record by Chair Tripp Russ Hall expressed his appreciation for the Commission/Corporation's deliberation of the merits for the ordinance amendment. He expressed concern with the Jentz Initiative, which if passed would limit construction of certain types of buildings that are needed in this area and are traditionally over three stories high, i.e. hospital and/or courthouse buildings. 6:09:42 PM 1. Public Hearing: PCA 08-03; An ordinance amending the City of Chula Vista Zoning Ordinance to add Chapter 19.57, Overlay Districts, and Section 19.57-010 General Purpose and 19.57.020 Third Avenue Overlay District. The Third Avenue Overlay District will establish a three story or 45-foot maximum .height for parcels and portions of parcels fronting on Third Avenue between "E" Street and "G" Street. It will also require that any newly constructed buildings or additions to existing buildings, utilize nationally recognized "Green" building standards. Cmr. Moctezuma and Member Salas recused themselves from the dais due to a Conflict of Interest. 6:11:56 PM Nancy Lytle reported that the City is proposing amending the Zoning Ordinance to establish an Overlay District, which is a zoning tool used to apply additional zoning requirements to a geographic territory. The district under consideration is currently regulated by the Urban Core Specific Plan (UCSP) and is for parcels and portions of parcels fronting on Third Avenue between "E" and "G" Streets. Planning Commission Minutes - 2 - February 25, 2008 The first new requirement in the ordinance is the height provision, which stated that the maximum permitted height for newly constructed buildings and additions to existing buildings in the Third Avenue Overlay District shall be three stories or up to the height of 45 feet. The height limitation currently applies to all parcels within the Village 2 designation of the UCSP, but this new Overlay will affect seven additional parcels along E and G Streets. The second requirement applies to new construction and additions to existing buildings, and states that they shall be required to meet nationally-recognized Green Building construction standards. The Green Building requirement will affect all parcels within the Overlay District. 6:17:31 PM Ed Batchelder and Andrew McGuire gave an overview of the points-based LEED certification standards. 6:21:45 PM Staff Recommendation: That the Planning Commission and CVRC consider the addendum to FEIR 06-01 and adopt resolutions recommending that the City Council adopt the ordinance adding a chapter to the Zoning Ordinance to establish an overlay district limiting building heights of any newly constructed buildings or additions to existing building to three stories or 45 feet in height, for parcels and portions of parcels fronting on Third Avenue between E and G Streets, and require that any newly constructed buildings or additions to existing buildings utilize nationally-recognized "Green" building standards. 6:27:37 PM Comments and Questions: 6:29:39 PM Cmr. Clayton asked if a calamity were to befall an existing building along the overlay district, would they be required to build to the new standards or would they be able to restore to the previous standards. 6:30:16 PM Brad Remp stated that they would need to comply with current standards, and noted that for major catastrophes, in order to qualify for FEMA funds to reconstruct, they would be required to meet the new standards. 6:31:52 PM Member Rooney asked who would be responsible for certifying that the new buildings have been built to LEED certification standards. Mr. Remp responded that currently there is no staff member qualified to do that type of certification, but we're moving forward in obtaining the necessary training. Until such time, the inspections and certification would most likely come from an outside party. 6:35:42 PM Member Reyes inquired about the rationale behind setting the height limit to three stories vs. four or fve stories. Nancy Lytle responded that although she was not present in the initial discussions, most likely it was based on maintaining the historic character of the urban core district, taking into account the narrow parcels and how they interface with the small buildings around it. Mary Ladiana confirmed Ms. Lytle's statement that the lot depth mandated looking at a lower height. Planning Commission Minutes - 3 - February 25, 2008 6:41:09 PM Public Hearing Opened. 6:41:28 PM Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, stated she was there to offer their continued support for the UCSP and support in general for "Green" building. The Chamber encourages the creation of environmentally sound policies that reward responsible business practices. 6:42:38 PM Leo Miras stated the "Green" building caveat under this proposal is very weak and will have no impact on the environment. -The City needs a more aggressive Green policy in order to be able to meet the goal of reducing greenhouse emissions 20% below 1990 levels by the year 2010. 6:45:39 PM Greg Mattson, President of Third Avenue Business Association stated that TABA supports sustainable construction, however, they feel the language in the ordinance is too vague, and believes that Green building standards should be encouraged, but not mandated. Mr. Mattson also stated TABA is concerned with the Overlay District's restriction on development opportunities and believes that it dilutes the UCSP land use guidelines and policies. TABA board does not support the City's overlay district as proposed, and are in support of the UCSP land use guidelines along Third Avenue, i.e. densities, land use mixes, height etc.; it allows the gateway tips and tail parcels to be at higher densities and height. 6:50:34 PM Peter Watry, representing Crossroads II, stated they oppose the Ordinance Amendment because it is a ploy to defeat the Jentz Initiative in the June election. If the Jentz Initiative were to pass, it would become law, however, the Ordinance can be amended at any time; he urged the Board and Commission to vote against it. 6:53:40 PM Mitch Thompson asked for clarification on an earlier statement that there is no story limit except for public buildings, yet there is language in the ordinance which states that there is a 3 story limit. Ann Moore stated that the language in the staff report references the UCSP, however, the proposed Ordinance Amendment is capping it at 3 stories or a maximum of 45 feet. 6:55:18 PM Glenn Googins stated that Green Building construction is a very good idea when it is set up as an incentive and where it is applied to public projects. The UCSP also includes important provisions that encourage Green Building standards by allowing additional development intensities. However, he is concerned when Green Building is a mandatory requirement and applied to private construction. Mr. Googins also stated that a 45 foot height restriction for the entire Third Avenue is not appropriate and would urge the members to stand up for the process and development standards that were set forth in the UCSP. 7:00:58 PM Jose Cortes applauded the City for adopting Green Building standards. He supports the UCSP, but opposes height restriction along Third Avenue and believes we need higher densities. 7:06:02 PM CVRC and Planning Commission Close Public Hearing: Planning Commission Minutes - 4 - February 25, 2008 7:13:17 PM A discussion followed on what constitutes a story and at what point do you start to count floors when you are considering underground or above level parking lots. A point of clarification that staff made is that parking lots do not count towards the FAR, but do count as stories. 7:18:06 PM Comments/Discussion: 7:18:26 PM Cmr. Bensoussan stated that she believes the Ordinance Amendment is compatible and consistent with the vision of the UCSP and General Plan and preserves the historic character along Third Avenue. Cmr. Bensoussan indicated she would like to see tighter language for the Green Building requirement and recommended the language read that construction follow a nationally- recognized Green Building standard or equivalent to LEED Silver certification, or 20% above Title 24 standards. 7:24:16 PM Cmr. Felber stated that the' key to a successful, vibrant Third Avenue downtown district is to put feet on the street. He is concerned that imposing strict Green Building standards may be cost-prohibitive and will be a deterrent to the development that is needed. 7:29:10 PM Cmr. Clayton stated she believes that this ordinance imposes restrictions that could be perceived as infringing on property rights of the owners of these parcels, therefore, she does not support it. 7:30:12 PM Cmr. Spethman stated he likes the height variable that the tips and tail parcels add to the overall design flow along Third Avenue and would not like to see it turned into a bowling alley corridor; he is also concerned that a restrictive ordinance will impact the property owners along Third Avenue in terms of resale value or modification of their properties. 7:32:39 PM Cmr. Vinson stated he wholeheartedly supports the City's endeavor to go Green and believes that its an excellent marketing tool to attract investors. The City can become a nationally-recognized progressive City leading the way in Smart Growth development practices and tying it in with cutting edge green building standards and technology. 7:34:52 PM Cmr. Tripp stated that the UCSP and other documents have been developed to allow flexibility in an area of our city that is fading; being too restrictive is a disincentive for investment and if we want redevelopment to occur, we need to be flexible in order to be attractive enough for investment. 7:38:48 PM Member Munoz stated that many of his sentiments have already been expressed by previous speakers, particularly Cmr. Felber, and stated that he is in support of the Ordinance Amendment. 7:39:30 PM Member Rooney applauds the City's attempt to incorporate LEED standards, however, he has reservation on the way it's being handled. Other jurisdictions are incorporating LEED standards by offering incentives to the developer, i.e. LEED Silver in exchange for a bonus FAR point on their property; a much more positive approach than mandating it. He expressed concern with the expertise and specialized training required to inspect these buildings as they are constructed and to certify their compliance when completed. Planning Commission Minutes - 5 - February 25, 2008 Mr. Rooney indicated that the tips and tail parcels are prime parcels in prominent intersections and we are forfeiting or reducing their value by limiting their height. Here again, the incentive to build Green at a higher standard would be in exchange for an increased FAR. 7:43:39 PM Member Reyes stated that in urban design, nodes are generally used as landmark or gateway demarcation parcels to give character and stability to an area. By capping the height and density in these areas, this is a disincentive for investment because it doesn't pencil out financially for the developer, therefore, you end up with single story development, eliminating the opportunity to create the environment to sustain a vibrant urban core. 7:46:35 PM Member Paul stated that going Green is a noble cause, however, one has to recognize the trepidation that some of the small business owners, i.e. TABA, must feel when considering the cost of going Green. As previously stated, Green building certification should be used as an incentive to go higher, i.e. 4 stories at 45 feet, and not be a mandate. 7:49:06 PM Chair Lewis stated that he supports the Green Building practice, however, is concerned that it appears the Ordinance is exclusively endorsing LEED certification over other nationally-recognized programs. Green building practice is defined in many different ways depending on who you ask. What is needed is a comprehensive standard that measures how to reduce the cost and use of a building and how do we make it sustainable and environmentally sound. Furthermore, based on his professional research, he has found that developers will voluntarily build green because sustainable development is profitable. Sustainable development adds value to your building and your community; there is a demand for it that will attract development. The UCSP is plenty clear on the building heights and doesn't need to be modified Chair Lewis stated he would like to make a recommendation amending the ordinance to maintain the spirit and intent of the UCSP with regard to height and strongly recommend that new buildings and additions to existing buildings consider employing sustainable development. MSC (Vinson/ Bensoussan) that the Planning Commission recommend approval of the Ordinance as presented. 7:57:35 PM Cmr. Felber offered for consideration an amendment to the motion stating that the "tips and tail" parcels be left alone and to incorporate language similar to what Chair Lewis offered regarding a strong recommendation that Green building standards be used, but not mandated. 7:58:39 PM Mike Shirey noted that the Maker and Second of the original motion need to be in agreement to amend the motion. Cmr. Vinson accepted the amendment, but Cmr. Bensoussan did not. MSC (Vinson/Bensoussan)(4-2-1-0) to approve the motion as originally stated that the Planning Commission recommends approval of the Ordinance as presented. Motion carried with Cmrs. Felber and Clayton voting against it and Cmr. Moctezuma abstaining. Planning Commission Minutes - 6 - February 25, 2008 MSC (Rooney! )amending the Ordinance as follows: • That the tips and tail parcel be reduced from 84 feet, as designated by the UCSP, to 65 feet, with an incentive to allow it to be at 84 feet subject to construction being certified minimally at a LEED Silver rating or a similar nationally-recognized Green Building standard, and • That the center parcels, between the tips and tails, that have a 45 foot or 3 story restriction be allowed as an incentive to go to 50 feet and 4 stories subject to construction being certified minimally at a LEED Silver rating or a similar nationally-recognized Green Building standard. Motion fails due to lack of a second. MSC (Reyes/Rooney )(5-0-t-1) amending the Ordinance as follows: • That the tips and tail parcel be reduced from 84 feet, as designated by the UCSP, to 65 feet, with an incentive to allow it to be at 84 feet subject to construction being certified minimally at a LEED Silver rating or a similar nationally-recognized Green Building standard, and • That the center parcels, between the tips and tails, that have a 45 foot or 3 story designation be allowed as an incentive to go to 4 stories (at 45 feet) subject to construction being certified minimally at a LEED Silver rating or a similar nationally-recognized Green Building standard. Motion carried with Member Salas abstaining and Member Desrochers absent. 8:08:23 PM Meeting adjourned. Submitted by ,~.V..v'.~ E~ ~~ Diana Vargas Secretary to the Planning Commission