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.
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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.
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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.
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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
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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.
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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.