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.
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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.
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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
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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.
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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.
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Diana Vargas, secr~ the Planning Commission