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HomeMy WebLinkAboutPlanning Commission Minutes 2007/03/21 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. March 21, 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 Staff Members Present: Jim Hare, Assistant Planning Director Richard Zumwalt, Associate Planner John Schmitz, Principal Planner ORAL COMMUNICATION: No public input. 1. PUBLIC HEARING: PCC 06-25; Consideration of a Conditional Use Permit to establish and operate a permanent outside sales and display of merchandise for a proposed Home Depot Store at 1030 Third Avenue. 5: 12:44 PMBackground: Rich Zumwalt reported that the project site is an 11.10-acre lot located at the southwest corner of Third Avenue and Moss Street. The Home Depot is requesting a Conditional Use Permit for permanent outside sales and display of four different categories of merchandise including building materials; outdoor equipment; outdoor furniture and storage units; and live goods and landscape supplies. An Initial Study (IS 06-07) was conducted and based on its results, the Environmental Review Coordinator determined that the overall project could result in significant effects on the environment. Subsequently, the applicant made and/or agreed to changes that would avoid the effects or mitigate them to a point where no significant effects would occur, therefore, the Environmental Review Coordinator prepared a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Staff Recommendation: That the Planning Commission recommend that the Redevelopment Agency adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-07) and approval of Conditional Use Permit PCC 06-25 based on the findings and subject to conditions contained therein. Planning Commission - 2 - March 21, 2007 5:23:36 PMCommission Comments: Cmr. Bensoussan expressed concern with and inquired if bulk lumber, sheet rock, masonry or roofing material would be allowed under the category of Display of Merchandise. Richard Zumwalt responded that they would not be allowed and pointed out that under Section III. S.c. of the RDA Resolution states, "The bulk storage of products, including lumber, is prohibited in areas set aside for Outside Sales and Display of Merchandise." Cmr. Tripp inquired if any of the member of the public who opposed the project, due to potential environmental impacts, presented any expert opinion that refuted the findings of consultant that the applicant retained to conduct the environmental review. Additionally, Cmr. Tripp inquired how does the City ensure that the mitigation measure are complied with. Steve Power responded that there was considerable public controversy, but no outside qualified technical reports were submitted. The applicant agreed to the mitigation measures and the City has a Mitigation Monitor on staff; should there be any violations of the MMRP, it would be addressed through Code Enforcement. 5:37:17 PM Cmr. Felber inquired if there were any signs posted along Moss St., west of the project, stating that there is no truck traffic allowed. Mr. Powers responded that although Moss St. is not a truck route, the Vehicle Code states that you are entitle to direct ingress and egress off of a designated truck route; in this case it would be off of Third Avenue, onto the driveway on Moss Avenue, however, not any further to the west along Moss Avenue. 5:43: 19 PM John Ziebarth applicant, gave a presentation of the project's progress over the last two years that its been going through the entitlement process. The project underwent two Preliminary Design Review workshops to work out issues on site planning and architecture to soften the outside display areas. They also conducted a neighborhood meeting last August and met with citizens, as well as the Southwest Civic Association and The Environmental Health Coalition. They met with the RCC and they concurred that the MND addressed all of the issues. Mr. Ziebarth stated that they have done their best to address all of the issues and concerns and they have gone above and beyond the minimum standards and the mitigation measure that they are required to do. 6:12:43 PM Cmr. Bensoussan asked the following questions: . Do they intend to display, sheet rock, landscape timbers, fence panels and plywood . Is it possible to have a six month review period to see if the noise mitigation measures are working . Will this project contribute 1 % to go toward public arts. Mr. Ziebarth stated that these materials will not be displayed. Mr. Powers stated that the Mitigation Monitor would oversee the project's overall compliance of the mitigation measures. Code Enforcement would also be available to respond to any complaints that are received. Planning Commission - 3 - March 21, 2007 Jim Hare stated that if there's an obligation to provide those fees for public art, it would be collected at the time that building permit fees are paid. Cmr. Tripp inquired if the noise attenuation was to the standards of Multi-Family or Single- Family Residential. Mr. Ziebarth responded that the zoning is Multi-Family and those are the standards that were used. 6:24:01 PM Cmr. Vinson inquired how many job opportunities does the average Home Depot generate. Mr. Ziebarth responded that it would be between 175 to 225 new jobs and the sales tax revenue would be approximately $400,000 per year. Public Hearing Opened. 6:26:29 PM Steve Warfield, representing C.W. Clark, owner of the property immediately to the south of the proposed project, stated that they are excited to be working along side Home Depot in developing the commercial center and are very optimistic that the new EI Tigre Market will be a great addition to the center, attracting a reciprocal client base and creating a vibrant shopping center. 6:28:54 PM Charles Moore, President of Chula Vista Chamber of Commerce stated that ever since the major tenants (K-Mart and Ralph's) closed for business, the abandoned commercial center has become a transient magnet. He is very pleased that with the new tenants (Home Depot and EI Tigre Market) the center will once again be a vibrant place to shop. 6:30:20 PM Lisa Cohen, stated the Chula Vista Chamber of Commerce supports the Home Depot proposal and believes that it meets the City's redevelopment goals for the following reasons: the property is zoned Commercial in a redevelopment district; the current commercial use has been abandoned, creating a blight condition; the environmental analysis concludes that the project will have no impacts on the surrounding neighborhood; the store will produce approximately $400,000 in tax revenue to the City; and, 200 plus jobs will be created. 6:33:07 PM Steve Palma gave a brief chronology of his involvement as a long-time civic activist and long-time resident of southwest Chula Vista. He indicated that the community eagerly anticipates the opening of the Home Depot and the reopening of this commercial center. 6:38: 19 PM Rosa Camacho, representing Naples Plaza Dental, which occupies the space next to the former Ralph, stated that she is very please and looking forward to the center generating more traffic and patrons as a result of the opening of the new businesses like the Home Depot and the EI Tigre Market. 6:39:51 PM David Leaf stated he is disappointed at the length of time this project has been under review; over two years. He is excited and looking forward to the Grand Opening of the Home Depot and urged staff, the Planning Commission, and City Council to expedite its approval process. Planning Commission - 4 - March 21, 2007 6:40:41 PM Juan Cruz, representing Beyer Supreme Tires, expressed his frustration with the amount of time that the entitlement process takes. He indicated that this is the perfect project going into an area that is blighted and has long been overdue for quality redevelopment projects. He enthusiastically supports the project and urged the City to expedites its opening. Public Hearing Closed. M5C (Spethman/Tripp) (7-0) that the Planning Commission recommend that the Redevelopment Agency adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (15-06-07) and approval of Conditional Use Permit PCC 06-25 based on the findings and subject to conditions contained therein. Motion carried. 2. PUBLIC HEARING: PCZ 06-05; PCM 07-15; Consideration of an application for 1.92 acres known as Marsella Villas on northside of Ada Street between Frontage Rd. and Industrial Blvd; Rezone from R-2-P, One and Two Family Residence, Precise Plan to R-3-P, Apartment Residential, Precise Plan zone, and amending the adopted Precise Plan Modifying District to include Precise Plan Development Standards. 7:03: 11 PM Background: Rich Zumwalt reported that the proposal is a request to rezone and establish Precise Plan development standards for 1.92 acres within the Palomar Gateway planning district in order to develop the property with 40 multi-family residential condominium units with the potential to add up to 7 additional units in the future. The site's General Plan designation is Mixed Use Transit Focus Area. Since the project was submitted prior to the adoption of the General Plan Update, staff agreed to process the application with the caveat that an urban designer be retained by the City and paid by the applicant to prepare an urban design strategy to ensure that the development proposal is consistent with the General Plan. Downtown Solutions was hired to prepare the strategy and is an expert analysis of how transit-oriented design guidelines can be applied to the Palomar gateway District. 7:08:36 PM Jorge Sanchez, applicant, stated that Palomar St. is the first gateway from the south into Chula Vista and they have focused on developing this area. They developed a 14-unit townhouse project called Ada Terrace last year; Ada Villas, a 12-unit townhome project, and presently are selling a third project on the same street. They are planning to develop Trolley Villas in the future. Mr. Sanchez stated that they are eager to move forward in the entitlement process to obtain the necessary permits for demotion of existing abandoned properties that have caused security impacts to the residents in the newly developed areas due to their attracting transients and illegal activity. Staff Recommendation: That the Planning Commission adopt Resolution PCZ-06-05 and PCM 07-15 recommending that the City Council adopt the Mitigated Negative Declaration Planning Commission - 5 - March 21, 2007 and Mitigation Monitoring and Reporting Program IS 06-05; and adopt the draft City Council Ordinance based on the findings and subject to the conditions contained therein. 7: 13: 18 PM Commission Comments: 7:14:26 PM Cmr. Bensoussan stated that under the "Public Comments and Staff Responses" section of the report, she would have liked to have read a more complete version of the public comments, instead of the very brief synopsis that was provided by staff. She encouraged staff to be a little more explicit in the future. 7: 18: 17 PM Cmr. Vinson questioned why the seven units are being left out at this time for future development. Rich Zumwalt responded that the applicant that owns the center site "C" has not submitted a Design Review Application. Mr. Sanchez, who owns site "A" and "B" has submitted the Design Review application that is in process, so we know the exact yield of sites A & B. What we're approving is a zoning designation that's going to allow a maximum yield of a certain number of units. 7:25:29 PM Felipe Villasante, 777 Ada St., resides in one of the first projects built by Mr. Sanchez, stated that he supports this project for the following reasons. There are abandoned houses in the vicinity that are presently being used by transients homeless people and even gang members. He urged the applicant and Commission to require additional lighting for security and to expedite the redevelopment and image of this area as a gateway corridor into Chula Vista. 7:27:49 PM Nadia Salos, 777 Ada St. stated that she too supports the development of this project in an expedited manner because the security issues they have to deal with and live with on a daily basis. 7:29:49 PM Cmr. Spethman inquired what, if any, arrangements have been made to have security on the premises. 7:30:28 PM Jorge Sanchez responded that they do have a security guard overseeing the projects that are completed, and in fact, he is the one that generally ends up making calls to the Police Department to come and check out the activities that are taking place in the abandoned properties. Cmr. Spethman encouraged the applicant to work with staff to address some of the issues of concern with safety that the surrounding residents have raised and develop a better strategy to mitigate the impacts i.e. additional lighting and more security manpower. 7:37:33 PM Cmr. Bensoussan stated that a goodwill effort to try to mitigate some of the security concerns that have been raised would be to have better lighting in the area and recommended that the applicant invest in installing flood lights that turn on from dusk to dawn. 7:39:00 PM Close Public Hearing. Planning Commission - 6 - March 21, 2007 7:39:14 PM MSC (Spethman/Clayton) (7-0) That the Planning Commission adopt Resolution PCZ-06-05 and PCM 07-15 recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS 06-05; and adopt the draft City Council Ordinance based on the findings and subject to the conditions contained therein. Motion carried. 3. PUBLIC HEARING: PCC 07-01; Consideration of a Conditional Use Permit to permit Leap and Bound Academy, a 16,381 sf childcare learning center on a Community Purpose Facility (CPF) site within the Rollings Hills Ranch planned community. Staff recommends that the public hearing be opened and continued to the March 28, 2007 Planning Commission meeting. MSC (Vinson/Tripp) (7-0) that the Planning Commission open public hearing and continue it to March 28, 2007. Motion carried. 7:50:36 PM Meeting adjourned to a regular Planning Commission meeting on March 28, 2007.