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HomeMy WebLinkAboutPlanning Commission Minutes 2007/09/26 6:00 p.m. September 26,2007 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA Council Chambers 276 Fourth Avenue Chula Vista, California CALL TO ORDER: ROLL CALL / MOTIONS TO EXCUSE: Members Present: Tripp, Felber, Moctezuma, Vinson, Bensoussan, Clayton, Spethman Member Absent: None INTRODUCTORY REMARKS: Read into the record by Chair Tripp APPROVAL OF MINUTES: March 28, 2007 The Planning Commission expressed concern with the accuracy of statements attributed to certain speakers during the public testimony and postponed the approval of the minutes directing staff to re- review the recording and clean-up the minutes. ORAL COMMUNICATIONS: No public input. 6:16:41 PM 1. Public Hearing: PCC 07-11; Consideration of a Conditional Use Permit to establish and operate a fast-food restaurant with drive-thru at 919 - 945 Otay Lakes Road. Background: Steve Power reported that on September 12, 2007 the Planning Commission considered the request for a CUP for a drive-thru service associated with the fast-food restaurant; at that meeting the Commission raised concerns regarding pedestrian safety and the Commission requested that the Design Review Committee consider the site plan and those safety issues in their review of the project on September 17, 2007. In response to those concerns, the applicant modified the site plan and redesigned the layout. The DRC reviewed the project and took the Planning Commission's concerns into consideration and approved the project with the alternative design. The applicant made the following revisions to the site plan addressing the concerns raised by the Commission: . Moved parking space #8 and #7 of the previous site plan to be parallel to parking spaces #15 thru #9, thereby, eliminating patrons from parking space #8 crossing the drive-thru aisle; heavy vegetation will fill in the space where parking space #8 use to be; . Parking space #5 and #6 has been moved further south of the trash enclosure, also eliminating the potential risk of patrons crossing the walkpath directly in front of the preview menu board; and Minutes of the Planning Commission - 2 - September 26,2007 . The preview menu board has also be relocated further up the drive aisle in front of the walkpath that employees would use to access the trash enclosure. Staff Recommendation: That the Planning Commission adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (IS 07-06) and approve the Conditional Use Permit PCC 07-011. Commission Comments: Cmr. Felber stated that he is comfortable with the revisions the applicant made and recommended that the landscaping strips be planted with robust vegetation to further deter people from crossing the landscaped areas. Amor Manligas, Architect, stated he was confident they had addressed the Commission's concerns with pedestrian safety and stated they were available to answer any questions the Commission might have. The Commission consensus was that they were satisfied with the revisions the applicant made to the site plan and also appreciated receiving the DRC comments. Cmr. Moctezuma offer one last suggested to place at the beginning of the drive-thru aisle a "Watch For Pedestrians" sign. Public Hearing Closed. MSC (Felber/Clayton) (7-0) that the Planning Commission adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (IS 07-06) and approve the Conditional Use Permit PCC 07-011. 2. Public Hearing: PCM-07 -05; Request to amend portions of the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and Village Core Master Precise Plan to allow for relocation and reconfiguration of the Town Square from the terminus of Birch Road to the northeast corner of Discovery Falls Drive and Windingwalk Way. Applicant: Brookfield, Shea Otay LP (Legislative) PCS-07-02; Request to revise Otay Ranch Village Eleven Tentative Subdivision Map relocating the pedestrian easement to the village paseo from across the center of the CPF-1 site to the northern property line adjacent to the Private Recreational Facility (PFR) site. Project is located at the terminus of Birch Road and Discovery Falls Drive. Applicant: Brookfield, Shea Otay LP Staff recommends that this public hearing be continued to a date certain of November 14, 2007. Richard Schmidt, Pastor of Concordia Lutheran Church does not oppose staff's recommendation for a continuance. Pastor Schmidt stated that the church will be purchasing Minutes of the Planning Commission - 3 - September 26,2007 CPF site 1 and will be applying for a Conditional Use Permit for the construction of a church. 6:44:42 PM MSC (Clayton/Moctezuma) (7-0) that the Planning Commission continue public hearing to a date certain of November 14,2007. Motion carried. 3. Public Hearing: PCC-06-095: Conditional Use Permit review for "A Taste of Italy" Restaurant, to receive public comments regarding compliance with the conditions of the November 29, 2006 approval, and specifically regarding the hours of operations and the serving of alcoholic beverages in the restaurant and on the outdoor patio dining area. Project is located at 1771 East Palomar Street, Ste. 1, southeast corner of the East Palomar Street and Santa Cora Drive. Applicant: Steve Abbo (Legislative) 6:47:54 PMBackground: Harold Phelps reported that on November 29, 2006 the Planning Commission approved a Conditional Use Permit for this restaurant. Included in the Conditions of Approval was a requirement that the CUP be subject to a six month review after the date of approval at a noticed Planning Commission Public. At the November 2006 hearing staff recommended that the restaurant close at 11 :00 p.m. on weekdays and 12:00 p.m. on weekends, and prohibit alcohol sales in the outdoor patio after 9:00 p.m. on weekdays and 10:00 p.m. on weekends. However, the Planning Commission, working towards a compromise with the restaurant to work with the adjacent Villagio residents chose not to alter the operating hours, which remained at 11 :00 a.m. to 2:00 a.m. seven days a week and imposed the condition that the hours for alcohol sales be limited to 12:00 midnight on weekdays and 1:00 a.m. on weekends. Since the approval on November of last year, there have been five calls for service filed with the Police Department; two were noise complaints, one was a disturbance complaint, another was an incident evaluation and the last one was a false alarm. Since the public hearing notices were sent out, staff receive one phone call from a resident who would be out of town, but wanted staff to voice their concerns about noise and the hours of operation. Additionally, a petition was placed on the dais for the Commission's consideration with 60 signatures from the Villagio residents requesting that the hours of operation be revised and that the sale of alcohol be further reviewed. Staff recommends that the Planning Commission respond to any testimony received regarding the performance of the CUP. Furthermore, the Planning Commission may assess comments and testimony, and move to retain, revise, modify or add conditions to the CUP approved under Resolution PCC 06-95 in accordance with the findings for approval. Commission Questions: Cmr. Bensoussan asked if the five calls for service in a six or nine month period was considered to be lite or heavy. Mr. Phelps responded that he got this information from the Police Department, minus any comments, therefore, he wouldn't be able to gauge whether this is typical for any restaurant in Chula Vista. Minutes of the Planning Commission - 4 - September 26,2007 Cmr. Clayton noted that the letter attached to the petitions indicates that there is more sale of alcohol than food; she inquired if staff knew of any statistics that they used to substantiate their claim. Mr. Phelps responded that Condition of Approval III.C. states, "The licensee shall at all times maintain records which reflect separately the gross sales of food and alcoholic beverages... ..and shall be made available to the ABC, Police Department and/or Planning & Building Department on demand." Public Hearing Opened. Steve Abbo stated that they have seen a significant decline in their business over the past year, mostly due to competing with other restaurants that have come on board in the area, therefore, being able to stay open late is critical to the survival of their business. Responding to the comment in the letter regarding the sale of alcohol exceeding the sale of food, Mr. Abbo stated that the statement was unfounded and clarified that their establishment is, first and foremost, a restaurant and that there are only seven stools at the bar area. He also indicated that they do keep records on the sale of alcohol and food, however, he doesn't have that information at hand tonight, but a rough estimation would be 70% food and 30% alcohol sales. Mr. Abbo also indicated that he was not aware of any of the calls for service and that it would be unfair to assume that those calls were generated by incidences related to the restaurant. If there is a call for service, it could be coming from an incident in the vicinity, not necessarily the restaurant. Cmr. Spethman addressed some of the egregious statements made in the letter from the petitioners about unbecoming behavior from intoxicated patrons of the restaurant. He also asked about a comment made that the restaurant closes and leaves the patio area uncleaned with trash and glasses. Cmr. Spethman further added that he patronizes the restaurant on a regular basis and has been there in the early evening, as well as late evening; he has never witnessed any disorderly behavior or anything that would be objectionable to anyone. Cmr. Felber stated that he is ready to make a motion to continue the public hearing to allow time to get more information from the Police Department as to the reason for the calls for service, and also for Mr. Abbo to get information on ratio of sale of alcohol to food. Cmr. Clayton stated that, in her opinion, there is not enough information for the Commission to even consider making any changes simply based on the allegations raised in the opposition letter. Cmr. Moctezuma wished to go on the record that she believes it would be unfair to the applicant to make a determination on his CUP based on allegation raised in the letter of opposition by the residents of Villagio, which are unsubstantiated by any proof, and equally important, no one showed up to tonight's hearing. Cmr. Vinson stated that he doesn't see the need to continue the item, causing the applicant time from his busy schedule and prolonging this uncomfortable situation. In his opinion, four calls for service in a nine month period are not by any means excessive, and by Mr. Abbo bringing in the stats on the sales will not prove anything because he is not able to break it down to the hours of Minutes of the Planning Commission - 5 - September 26, 2007 sales, and will most likely substantiate his previous guestimate of 70% to 30%. MSC (Felber/Bensoussan) (5-2) that the Planning Commission continue the public hearing to October 10, 2007 to allow staff and the applicant time to compile back-up information i.e. more detail from the Police report as to why they are responding to a call for service and a break-down of the sale of food to alcohol. Motion carried with Cmrs. Vinson and Moctezuma voting against the motion. Director's Report: Jim Hare reported that he has been asked by Chair Tripp to look into placing a Consent Agenda on the Planning Commission Agenda and wished to share the findings of the research he did on the matter. Mr. Hare indicated that the City Council places items on their Consent Agenda generally for the following reasons: . Contracts and agreements . Items that do not require a public hearing . Items are of a routine nature and not controversial Conversely, the Planning Commission conducts public hearings for: . Conditional Use Permits . Appeals from the Design Review Committee . Advisory hearing Le. General Plan Amendments and Rezones, and . Subdivision and condominium conversations By having a Consent Agenda, the item placed on it would in no way preclude public input. Mr. Hare described the protocol that is used by the City of San Diego Planning Commission in placing item in their Consent Agenda. They are: . Consent Agenda heading on the Planning Commission Agenda is blank . During the meeting, members of the Commission nominate items from the agenda, and if any, they are placed on the Consent Agenda . Once items are gathered, the titles are read into the public record; confirming that there is no one from the public wishing to speak, open and close the public hearing(s), and vote on them as a single action. If the Commission wishes to add the Consent Agenda, staff would recommend placing the heading with the following caveat beneath it, to read: "The Chair may entertain requests by Staff to continue or withdraw an agenda item. The Chair may also entertain a recommendation by a Commissioners to approve certain non-controversial agenda items as consent items. Items approved on consent are in accordance with Staff's proposed findings and in accordance with the recommendation as stated in Staffs report to the Planning Commission." Cmr. Tripp stated that no one loses with a Consent Agenda because any Commission that has a concern or would like to discuss a certain item that has been nominated to be placed on Consent, can be pulled; it is simply a tool by which to expedite a meeting and dispense with routine matters. He urged the Commissions support on this proposal. Cmr. Bensoussan expressed reservation about supporting this at this time. She would feel more Minutes of the Planning Commission - 6 - September 26, 2007 comfortable having Counsel's opinion on the matter to assure that there are no violations of rules or bylaw, etc. Furthermore, she is concerned about public perception with even remotely sending a message that government is not open and transparent. Additionally, a member of the public might wish to address the commission on a particular item, that perhaps could be item #4 and they don't know to make the extra effort to be here right at 6:00 when the meeting is called to order; potentially their item could be nominated to be placed on Consent. Cmr. Bensoussan further stated that the Chair has the latitude to expedite an item, dispensing with staff's presentation, and would prefer that it be done in that manner when the item comes up on the agenda. MSC (Clayton/Felber) (6-1-0-0) that the Planning Commission adopt placing a Consent Agenda on the Planning Commission Agenda. Motion carried with Cmr. Bensoussan voting against it. Mr. Hare reminded that staff is proposing a Special Planning Commission meeting on October 17, 2007 to discuss the Bay Vista Walk project. Cmr. Bensoussan stated she would not be available on October 17 and asked that she be excused. The Commission confirmed a quorum for October 17, 2007. Adjournment to a regular Planning Commission meeting on October 10,2007. Submitted by: