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HomeMy WebLinkAboutPlanning Commission Minutes 2007/06/13 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. June 13, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL / MOTIONS TO EXCUSE: Members Present: Felber, Vinson, Moctezuma, Bensoussan, Tripp, Clayton, Spethman Absent: None ORAL COMMUNICATION: No public input. 6:14:46 PM1. PUBLIC HEARING: PCC 06-42 / PCZ 07-02; Consideration of the following applications filed by St. Rose of Lima Parish for 3.9 acres located at the northeast corner of Third Avenue and H Street: a. PCC 06-42; Consideration of a Conditional Use Permit for the renovation and expansion of an existing church campus. b. PCZ 07-02; Consideration of a Rezone Application to establish Precise Plan Modifying District (P) for the underlying Apartment Residential Zone (R-3), and adopt Precise Plan Guidelines for the subject property. Staff recommends that public hearing be opened and continued to June 27,2007. MSC (SpethmanNinson) (7-0) to continue public hearing to June 27, 2007. Motion carried. 6: 16:01 PM 2. PUBLIC HEARING: PCC 07-60; Consideration of a Conditional Use Permit to allow live entertainment and the sale of alcoholic beverages in conjunction with the full-service restaurant at 2230 Proctor Valley Road, Suite B-102 and B-103. Background: Caroline Young reported that the Zoning Administrator approved a Conditional Use Permit for the establishment of the proposed restaurant and the sale of beer and wine, that is scheduled to be open in July. The SPA plan allows the Planning Commission Minutes - 2 - June 13, 2007 administrative approval of a Conditional Use Permit for restaurants serving beer and wine, but without a bar or live entertainment. The approved hours of operation with the sale of beer and wine is Sunday through Thursday, from 8 a.m. to 11 p.m. and Friday through Saturday, 8 a.m. to 1 :30 a.m. The applicant is requesting to add live entertainment and a full service bar and modify the hours of operation to have the restaurant stay open later on Wednesday and Thursday. Staff Recommendation: That the Planning Commission adopt Resolution approving PCC 07-60 to allow live entertainment and the sale of alcoholic beverages in conjunction with the full service restaurant at 2230 Proctor Valley Road, Ste B-102 and B-103, based upon the findings and subject to the conditions contained therein. 6:56:46 PM Public Hearing Opened. 6:57:09 PM Marco Polo Cortes, applicant's representative disclosed that he had spoken by phone individually with each Planning Commissioner. Mr. Cortes assured the Commission that Time Out Sports Bar and Grill will be a neighborhood restaurant with a full menu and will not be turned into a bar/night club. Mr. Cortes is available to answer any questions or concerns from the Commission 6:58:28 PM Cmr. Spethman inquired if they planned to have security on the premises. 6:58:40 PM Mr. Cortes responded that they will have three off-duty officers as security during the hours of 9:00 p.m. to closing time. 6:58:51 PM Cmr. Bensoussan stated that in light of the fact that the applicant is requesting that live music and dancing be allowed, Condition of Approval #8 of the Planning Commission Resolution, in her opinion is ambiguous because it reads, "...There shall be no live entertainment such as dancing". Staff clarified that there shall be no dance performancers allowed. 7:04: 15 PM Cmr. Clayton asked for clarification on whether the total restaurant seating capacity is 95 or 79 when taking into account the removal of 4 tables to accommodate room to make a 152 sf dance floor. Ms. Young responded that once the 4 tables are removed, it would reduce the capacity to 79 seats, however, the maximum occupancy is determined by the Fire Marshal at the time the building permits are issued. 7:05:14 PM Cmr. Spethman stated he sees no need to further elaborate on the language of Condition #8, and is satisfied with its clarity that there will be no live dancing entertainment, Le. a dance review. Cmr. Spethman stated he supports the proposal as presented subject to a review in six months and language addressing the requirement to have on-site security, which the applicant has already stated there will be. Planning Commission Minutes - 3 - June 13, 2007 7:06:33 PM Cmr. Moctezuma has no problem with tightening up the language regarding the live dancing entertainment, and she would also like to clarify that the security with remain until all patrons have left the premises. 7:08:34 PM Cmr. Felber questioned if the applicant would be willing to work with the Police Department in establishing a cap on the number of calls for service. Mr. Cortes responded that he could not support this for the reason that there will be a total of four restaurants in that shopping center that have a beer and wine license. They way the ABC operates, is that they look at the census tract and they determine the crime based on the total calls for service in that census tract, therefore, they could be bunched in for something over which they have no control. 7: 1 0:25 PM Public Hearing Closed. 7:10:52 PM Cmr. Bensoussan stated that this type of venue is needed in this area, not only so that patrons don't have to drive a distance elsewhere, i.e. downtown San Diego, but also for safety considerations in reducing potential drunk drivers from driving long distances. Cmr. Bensoussan also supports the hours of operation, with last call and end of entertainment being at 1 :00 a.m. and closing of the establishment at 1 :30 a.m. 7:13:52 PM Cmr. Vinson stated he could support the proposal with clarification on the Conditions of Approval that they state in writing the following: · That no live dancing performers shall be allowed · That there will be security provided 30 minutes after end of closing · That the last call and end of live music end at 1 :00 a.m. and closing at 1 :30 a.m. · That there shall be no speakers in the patio area 7:14:53 PM Cmr. Tripp concurs with the previous statements that this type of entertainment venue is needed in this area and can support the project as conditioned with the caveat that it come back to the Planning Commission after a six- month period. 7: 18: 12 PM Cmr. Bensoussan noted that Condition #10 states that the CUP is subject to review six months after the date of approval by the Zoning Administrator., and asked for clarification on the Commissions' wishes to have it come back to the Planning Commission and not just the Zoning Administrator. Furthermore, Cmr. Bensoussan recommended that the six-month period be extended to nine months because it would give a more accurate picture of the restaurant's operation since it takes a few months for new businesses to get established and for people to find out about them. 7:19:31 PM MSC (BensoussanlTripp) (7-0) that the Planning Commission adopt the resolution approving PCC 07-60 to allow live entertainment and the sale of alcoholic beverages in conjunction with the full-service restaurant, with the following additional conditions of approval: · That Condition #1 be modified to read that the hours of operation are Sunday through Tuesday, 8:00 a.m. to 11:00 p.m. and Wednesday through Planning Commission Minutes -4- June 13, 2007 Saturday 8:00 a.m. to 1 :00 a.m. last call and end of live music entertainment with closing time at 1 :30 a.m. . That security be provided 30 minutes after closing . No speakers allowed outside in the patio area . Clarify the language on Condition #8 stating that there will be no live dance performers allowed . That Condition #10 be amended to read that there will be a 9-month review by the Planning Commission instead of a 6-month review by the Zoning Administrator. Motion carried. 7:27:26 PM 3. PUBLIC HEARING: PCS 06-13; Consideration of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one (1) common lot containing the private access road and guest parking. Background: Caroline Young, Project Manager gave an overview of the proposal as presented in the staff report. Staff Recommendation: That the Planning Commission adopt Resolution PCS 06- 13, recommending that the City Council, 1) adopt Mitigated Negative Declaration IS 06-20; 2) approve the proposed Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 allowing to subdivide 1.7 acres at 445 First Avenue into nine Single Family Residential lots and one common lot containing the private access road and guest parking. Commission Comments: 7:32:20 PM Cmr. Spethman inquired if the Fire Department is satisfied and signed-off on approval for this proposal based on emergency vehicles being able to maneuver and have access to that area. Ms. Young responded that there is a requirement for "hammer-head" lots be a minimum of 90 feet long; this particular lot exceeds that length, therefore, the Fire Department has no problem with it. Additionally, the applicant shall provide a private fire hydrant at the hammerhead in accordance with the Fire Department requirement. Cmr. Felber asked for further clarification on the rationale for having the phone intercom system for the entry access gate be located on the passenger side of the driveway and not the drivers side. Ms. Young responded that the entry road is only 26 feet wide, and having the intercom system located in the center of the road would restrict access for emergency vehicles, therefore, the intercom would be located on the right side of the curb on the passenger's side. Planning Commission Minutes -5- June 13, 2007 7:37:34 PM Cmr. Tripp noted that in several instances, the staff report talks about private streets, roads and improvements, and also noted that Condition #22. under CC&R's stated that, ".... No private facilities shall be requested to become public...". Cmr. Tripp asked if private improvement are required to be constructed to public standards. 7:39:28 PM Silvester Evetovich, City of Chula Vista Engineer, stated that the City has different standards for private and public streets, but mostly in terms of width and volume capacity. Private streets will be constructed structurally sound, but not necessarily to public street standards because of lesser traffic. That is why the HOA is required to maintain the private infrastructure because its not up to City standards, therefore, the City is not required to maintain it. 7:51 :01 PM Fernando Orvananos, developer and Tony Ambros, Planner with Burkett and Wong Engineers stated they've been working on this project for approximately two years. Mr. Orvananos also indicated that although the market conditions at this time are not optimal, they plan to move forward on developing the project in the coming year; they indicated they were available to answer any questions. Cmr. Spethman asked the applicant if once he subdivides the lot does he intended to build individual homes on each of the nine lots or does he intend to sell the lots individually so that the new owner can build their own custom home. City Attorney David Miller reminded the Commission that what they are considering tonight is the Tentative Subdivision Map and not what may, or may not potentially be built there in the future. 8:01 :28 PM Cmr. Tripp stated that in light of the City Attorney's previous comment, he noted that the staff report and presentation included the approval of a gated entry, therefore, he asked what relation does the gated entry have to do with the Tentative Subdivision Map approval. Mr. Miller responded that within the Tentative Subdivision Map there are several conditions related to the infrastructure, but nothing related to buildings that would commit the developer to build on those pads. Once the property is subdivided, the developer could decide to sell the lots and not build on them, however, the infrastructure is what is being required, and the Commission tonight would be making a determination on the Map and entry gate. 8:04:28 PM MSC (Spethman/Clayton) (7-0) That the Planning Commission adopt Resolution PCS 06-13, recommending that the City Council, 1) adopt Mitigated Negative Declaration IS 06-20; 2) approve the proposed Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 allowing to subdivide 1.7 acres at 445 First Avenue into nine Single Family Residential lots and one common lot containing the private access road and guest parking. Planning Commission Minutes - 6 - June 13, 2007 4. PUBLIC HEARING: PCS 06-04; Consideration of a Tentative Subdivision Map to subdivide 1.628 acres into twenty-four (24) condominium units for individual ownership at 1419 Tobias Drive. {Quasi-Judicial} 8:05:50 PM Background: Ann Pease, project manager reported that the proposal is to consider a Tentative Subdivision to convert an existing 36 year old apartment complex into 24 condominium units for individual ownership. When the DRC first reviewed the projects, it was much dated and in need of improvements both exterior and interior. When final DRC approval was granted, it was a much improved, attractive and up to date complex. There is a proposed new landscape plan providing 796 sf of open space per unit. Additionally, two parking spaces are provided per unit and storage space above what is required by Code is provided on the balcony and inside each unit. Staff Recommendation: That the Planning Commission adopt Resolution PCS 06-04 based on the findings and subject to the conditions contained therein, recommending that the City Council approve the Condominium Tentative Map. Public Hearing Opened. 8:13:30 PM Bruce Taylor applicant on behalf of the owners stated he was available to answer questions. Cmr. Felber asked how old is the roof on the units, and what types of incentives are they offering to existing tenants. Mr. Taylor stated the roof is three to four years old. They are offering existing tenants the first right of refusal to purchase those units. As far as financial incentives, they've not discussed that, however, most likely they would be open to discussing assisting tenants with their relocation expenses. 8: 15:44 PM Cmr. Bensoussan noted that the renovation of the units is extensive and it would appear that the tenants who plan to buy their unit would need to vacate the premises in order for the renovation to take place; she asked how the developer intended to address this situation. , Mr. Taylor stated that in effect, the premises would need to be vacated for the renovation project, therefore, they would hope to be able to phase the remodel and relocate those tenants who wish to purchase into another unit that has been vacated. Public Hearing Closed. Cmr. Bensoussan stated that she is please with the extensive renovation that will take place to make it an overall very attractive complex, and commended the applicant for going above and beyond in meeting all of the parking, storage space, and open space requirements. In her opinion, this is a prototype for condo conversion projects because it is upgrading the housing stock and improving the surrounding community, instead of just slapping a coat of new paint and barely meeting the minimum requirements. Planning Commission Minutes -7- June 13, 2007 8:19:14 PM MSC (Clayton/Spethman) (7-0) that the Planning Commission adopt Resolution PCS 06-04 based on the findings and subject to the conditions contained therein, recommending that the City Council approve the Condominium Tentative Map. 8:20:22 PM director's report. . Jim Hare reported that a memorandum regarding The Taste of Italy has been distributed to the Commission, simply reporting that there have been no incidences, no causes, no calls, no code enforcement actions. . Mr. Hare further stated that a survey is yet to be completed of the surrounding neighborhood who came to testify against the restaurant because of the myriad of quality of life impacts the restaurant was having on their community. If after the survey is conducted it is determined that they are overall satisfied that the concerns have been mitigated and properly addressed, staff will make a determination at that time whether to proceed with scheduling a public hearing for them to come before the Planning Commission once again for review. . The Joint GMOC/Planning Commission/City Council meeting for June 21, 2007 has been cancelled. In lieu of that meeting, staff is proposing to use that meeting date on June 21st to hold the Procedures Workshop for the Planning Commission; confirmation on that workshop will be forthcoming. Meeting adjourned to a regular Planning Commission meeting on June 27,2007. ~~ Diana Vargas :l Secretary to the Plann ng Commission