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HomeMy WebLinkAboutPlanning Commission Minutes 2007/02/14 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. February 14, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: 6:08:31 PM ROLL CALL / MOTIONS TO EXCUSE: Members Present: Felber, Vinson, Moctezuma, Bensoussan, Tripp, Clayton, Spethman Staff Members Present: Jim Hare, Assistant Planning Director Luis Hernandez, Development Planning Mgr. Danielle Putnam, RBF Mandy Mills, Housing Manager Elisa Cusato, Deputy City Attorney III APPROVAL OF MINUTES: January 24,2007 MSC (Vinson/Bensoussan) (6-0-0-1) that the Planning Commission adopt the minutes of January 24, 2007 as submitted. Motion carried with Cmr. Moctezuma abstaining. .., ORAL COMMUNICATION: No public input. 1. PUBLIC HEARING: PCS 05-06; Consideration of a proposal to convert an existing 124-unit apartment complex located at 307 Orange Avenue to 124 condominium units for individual ownership. Applicant: Premier Coastal Development. Background: Danielle Putnam gave an overview of the project as described in the staff report, indicating that on August 12, 2004, Weston Management filed an application for a Tentative Subdivision Map to convert a 124-unit apartment complex to condominiums for private ownership. In December 2004 the current applicant (Premier Coastal Development) took over processing of the project and began a series of meetings with City staff to address issues and deficiencies, project improvements and revisions. To qualify for incentives under density bonus law, the applicant proposed the project include 41 housing units affordable to moderate- income persons and families; therefore, an affordable housing agreement between the City and the applicant was prepared. Planning Commission Minutes - 2 - February 14, 2007 Staff Recommendation: That the Planning Commission adopt resolution recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained therein. Commission Comments: 6:37:44 PM Cmr. Vinson inquired who qualifies and monitors the household incomes to ensure there is compliance with affordable housing requirements. Mandy Mills, Housing Manager, responded that she monitors and verifies all of the applicant's income documentation. Additionally, a Silent Second trust deed is recorded. Cmr. Benoussan offered the following comments: . It makes more sense to give a $5,000 credit instead of discounting the unit price by $5,000. · Noted that the solar panels will not be replaced with new ones and stated that perhaps some type of incentive could be offered by the City to encourage the applicant to install green technology. · Recommends that no mature vegetation i.e. the eucalyptus trees be removed Ms. Mills responded that the discount helps with the property taxes because they're calculated based on the property value. Cmr. Spethman stated that this project will attract first-time homebuyers; young couples with children, and noted that the project proposes a tot-lot for 3 to 5 year olds, and inquired if there is any open-space or other recreation space proposed for older kids. Chris Duggins, applicant, responded that the project was designed to provide as much open space as possible. Additionally, the pool and recreation center has a game room that offers older children additional recreation. Cmr. Felber asked how much time does the applicant have before a Final Map is approved. Ms. Putnam responded they have two years before Final Map approval. Cmr. Felber asked if the applicant would be willing to move up to 10 days (instead of 5) the $500 relocation assistance to those tenants who choose not to purchase their units. Chris Duggins responded that they would be willing to move it up to ten days. Cmr. Bensoussan inquired if the tenants who wish to purchase their unit would have any type of relocation assistance while they are waiting for the upgrades to be done on their unit. Mr. Duggins stated that they would be willing to add $500 to the discount credit of $5,000. Planning Commission Minutes - 3 - February 14, 2007 Cmr. Spethman asked if it was within the purview of the Planning Commission to request of a developer or an applicant certain standards for financial incentives on a project. Mr. Hare responded that to the extent that an applicant is agreeable to them, they can be memorialized as Conditions of Approval, however, if the applicant is not willing to make those concessions, the Commission would have a limited capability to require them. In this particular application, the Commission is charged with making the necessary findings to recommend approval of the Tentative Subdivision Map for a proposed condominium conversion project. Public Hearing Opened. Chris Duggins, applicant, stated that there is a significant difference of opinion between the City and the applicant with Condition of Approval #32. under Section IX, relating to Sewer. The City is requesting that the developer install a sewer manhole at the point of connection to the City sewer main and that the sewer laterals be privately maintained from each condominium building to the City-maintained public sewer main on Orange Avenue. Historically, the clogged sewer lateral problems were caused by improper sewage disposal (paper towels and grease) going down the property's sewer system; requiring the City to come out and clean them. For this reason, the City Engineer placed the condition that the developer should install a manhole at the point of connection to the City sewer main to enable easier access to clean out. The applicant is proposing that the Homeowners Association have regularly scheduled maintenance and clean-out of the sewer laterals, and that the HOA provide on-going education and awareness to the homeowners relating to proper sewage disposal. Sylvester Evetovich, Principal Civil Engineer affirmed that they've had discussions with the applicant regarding the removal of this condition. Upon conferring with the Public Works Department, they are in agreement with what the applicant is proposing and agree that the manhole is not necessary so long as the laterals are maintained and clean-out periodically. They are still crafting appropriate language that needs to be reviewed and approved by the City Attorneys Office and the Planning Department. Cmr. Tripp stated that having served on the GMOC, one of the ongoing discussions is the need for infrastructure improvements in Western Chula Vista, therefore, he is a bit perplexed at the position the City is taking in recommending that the HONresidents install a manhole and maintain their own sewer system. Cmr. Vinson concurred with Cmr. Tripp's concerns and stated that sewer problems is a public health issue and is not something that should be relegated to be resolved by private citizens or HOA's. Mr. Evetovich stated that the sewage system for this complex has and will continue to be privately maintained. The problem is that whenever there have been sewer problems, the City crews has to go on site to access the clean-outs within the Planning Commission Minutes -4- February 14, 2007 buildings where the clog exists. The manhole would allow the City to clean the sewer system from the street instead of coming onto the complex. Mr. Duggins further clarified that part of the problem has been that there has been no scheduled maintenance for clean-out of the laterals that hook-up to the City sewer system. What is being proposed is that the HOA be required to contract for scheduled maintenance of these laterals in order to avoid future problems. Cmr. Spethman echoed the concerns raised by the Commissioners and maintains that the upkeep of a problem-free sewer system cannot be passed on to private citizens. Cmr. Clayton stated that, in her opinion, nothing is free and someone always must pay the piper. The incentives and credits that the applicant has graciously agreed to, as well as the cost for installing the manhole will have a direct impacts on the housing cost and unfortunately the consumer will end up paying for it. Cmr. Clayton asked if the applicant had an idea of how much it would cost to install the manhole. Mr. Duggins stated that they've gotten numbers ranging from $25,000 to $95,000 dollars. Cmr. Felber stated that, in his opinion, any responsible homeowner seeing that part of his HOA dues is going toward paying for sewer lateral maintenance, that should be motivation to ensure that they do their part in not taxing the sewer system with improper sewage disposal. Public Hearing Closed. MSC (TrippNinson) (6-1) that the Planning Commission adopt Resolution PCS 05-06 recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained therein: · Upholding Condition IX. 32., which states, "The applicant shall provide a sewer manhole at the point of connection to the City sewer main...". · Adding a new condition that reads, "The applicant will provide the refund of each tenant's security deposit not less than 30 days prior to their relocation and shall provide relocation assistance of $500 paid to tenants not less than ten days in advance of their relocation. Motion carried with Cmr. Spethman voting against the motion. Director's Report. Assistant Planning Director Hare discussed the upcoming Planning Commission calendar schedule and indicated that March 21st is tentatively slated for a Special Meeting and February 24th is the DRC tour. Planning Commission Minutes - 5 - February 14, 2007 Commission Comments: Cmr. Clayton stated she finds it very helpful when Mr. Hare explains what is the Commission's scope of responsibility in rendering a decision or recommendation on a project, however, she would recommend that his comments be made sooner, than later, once the Commission is embroiled in a discussion that perhaps is a moot point. Cmr. Bensoussan reported that she attended and was impressed by how informative the GMOC tour was. Additionally, it has come to her knowledge that the Del Webb Luxury Senior Living complex, for which the General Plan designation was amended to accommodate this project, is not going to be built after all. Cmr. Bensoussan expressed grave concern in allowing General Plan amendments to be project-driven, such as it was in this case, to later have the project evaporate. Meeting adjourned to the regular meeting of the Planning Commission on February 28,2007. ~~ Diana Vargas, secr~ the Planning Commission