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HomeMy WebLinkAbout2005-10-12 PC MINS MINUTES OF THE PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, October 12,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Present: Absent: Felber, Bensoussan, Cortes, Madrid, Nordstrom, Tripp Hom Staff Present: Nancy Lytle, Assistant Planning Director John Schmitz, Principal Planner Jill Maland, Deputy City Attorney III ROLL CALUMOTIONS TO EXCUSE MSC (Madrid/Nordstrom) (6-0-1-0) to excuse Cmr. Horn. Motion carned. PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS Read into the record by Chair Madrid ORAL COMMUNICATIONS No public input. 1. PUBLIC HEARING: PCC 05-53; Consideration of Conditional Use Permit proposing an outdoor seating area associated with a fast food restaurant (Baja Taco Shop) to be located at 1052 Broadway. (Quasi-judicia/). Background: Ann Pease gave an overview of the project as described in the staff report and stated that the owner of the Baja Lobster Restaurant and Nightclub is requesting permission to convert the existing building on the adjacent parcel into a fast-food taco shop, with a palapa-covered open-air seating area. To the west of this parcel is a single-family residential neighborhood, and to the south is a restaurant/nightclub. The applicant intends to use the two parking lots on each parcel for both businesses. Upon receipt of the public notice, staff received numerous calls from neighbors expressing concern with the proposed 24-hour fast-food taco shop, which in their opinion would exacerbate existing problems related to noise, traffic and parking associated with the adjacent Baja Lobster Restaurant. Staff informed the applicant of the concerns raised by area residents, and subsequently he agreed to abandon his desire to be open 24-hour and made modifications to building elements, such as restroom access and the addition of security gates that would secure the restaurant when closed. Staff Recommendation: That the Planning Commission approve the proposed outdoor seating at the new fast food restaurant, with a limitation on the hours of operation for the restaurant, among other conditions of approval. 6:09:20 PM 6:09:32 PM 6: 10:27 PM 6:11:20PM 6:18:22 PM 6:20:34 PM Planning Commission -2- October 12, 2005 Questions from the Planning Commission: Cmr. Tripp inquired if this project proposed to expand or transfer an existing ABC license. Ms. Pease responded that the taco shop did not propose to sell alcoholic beveeges. Cmr. Bensoussan inquired if there were any plans to upgrade the Baja Lobster Restaurant. Ms. Pease responded that the only upgrade affecting the two parcels is a new landscaped strip along the dividing line between parcels. Cmr. Felber stated that if the parking lot landscape meant the elimination of much-needed parking spaces, in his opinion, the community is beter served by providing a maximum number of parking spaces; he asked if there was some latitude on the landscaping requirement. Ms. Pease responded that the landscaping is a prerequisite for developing the site. Cmr Tripp noted that the staff report indicates that as long as the restaurant has open air seating, the hours of operation are restricted, however, he noted that on the north elevation a retractable partition is proposed in the area where the open seating is, and in his opinion, at some future date, the argument could be made that it is an enclosed restaurant, therefore, the hours of operation are not restricted. Ms. Pease responded that because they are open to the outdoors while they are conducting business, its considered an open-air taco shop. The proposal for enclosing the outdoor seating area is their way of closing it off between 9:00 p.m. and 7:00 a.m. There are still no walls around the seating area while its open for dining or while its closed. Public Hearing Opened. Oscar Paredes, 3982 Caseman Ave., San Diego, Architect gave an overview of their proposal stating that this corner parcel has been under-developed and previous uses include a bike shop and key shop. 6:26:42 PM Cmr. Cortes, stated that he's committed to promoting reinvestment in this area of town through the development of quality projects. Cmr. Cortes further stated his concem with safety issues associated with the operation of the adjacent restaurant/nightclub operation and inquired if the applicant has or intends to have on-site security. Furthermore, he asked if the applicant foresees enhancing the restaurant/night club's image in the near future. Marco Espinoza, 1220 12th Street Imperial Beach, owner responded that they have two security guards on site for the restaurant/nightclub establishment who start at 9:00 p.m. to closing time. Mr. Espinoza stated that they do have plans to make fayade enhancements to the Baja Lobster Restaurant, but are waiting first to go through the approval process for the fastfood taco shop. 6:34:37 PM Cmr. Nordstrom wished Mr. Espinoza a successful and profitable business, however, as an observation, he questioned if the applicant had seriously considered the economic impacts that the reduced hours of operation may have on his business. Mr. Paredes stated Mr. Espinoza has done his homework with cost and profit projections and in a Planning Commission -3- October 12, 2005 good-faith effort to be sensitive to the concerns expressed by the neighborhood has decided to proceed with the reduced hours of operation. 6:36:25 PM Cmr. Tripp also commended the applicant for developing this site and asked for further clarification as to the nature of complaints that have been filed with the Police Department and what hasbeen done to mitigate them. Additionally, he asked if there were any plans to have amplified music at this new establishment. Mr. Espinoza responded that the nature of the complaints were loud music and people yelling in the parking lots. However, ever since they hired two security guards that patrol on foot the length of both parking lots from the hours of 9:00 p.m. to 2:30 a.m., during which the restaurant/nightclub is opened, the complaints and incidences have dramatically been reduced. Mr. Espinoza also stated there were no plans to have amplified music in the fas~food taco shop. A discussion followed regarding the most current set of landscaping plans and what plans will be required when they go before the Design Review Committee. 6:43:25 PM Close Public Hearing 6:43:39 PM Cmr. Tripp stated initially he had some reservations, however, after hearing both staff and the applicant's presentations, he is a little more sanguine about the project, especially since the applicant has agreed to make changes to help mitigate some concerns. He concurs with staff's recommendation to have a 5-year duration period for this CUP, with the possibility of extensions after there has been discretionary review by staff and/or the Planning Commission. Cmr. Tripp would also like to add the following conditions: · That no live or amplified music be allowed · That a full set of landscaping plans be reviewed by the DRC, and · That two security guards be assigned to the parking lots between the hours of 9:00 p.m. to 2:30 a.m. MSC (Tripp/Cortes) (6-0-1-0) that the Planning Commission approve the proposed outdoor seating at the new fast food restaurant with a limitation on the hours of operation for the restaurant, including the following conditions · That no live or amplified music be allowed · That a full set of landscaping plans be reviewed by the DRC, and · That two security guards be assigned to the parking lots between the hours of 9:00 p.m. to 2:30 a.m. Motion carried. 2. ACTION ITEM: PCA 05-02; Direction on Policy Framework for Proposed Regulations for Check Cashing, Deferred Deposit and Payday Advance Business. 6:49:32 PM Nancy Lytle stated that upon recommendation by the Planning Commission, the City Council adopted Urgency Ordinance 3001-A on April 26, 2005 and extended the interim regulations in Urgency Ordinance 3001-8 on May 25,2005. Planning Commission -4- October 12, 2005 Ms. Lytle stated that staff would like direction and recommendations from the Planning Commission on the following policy questions: 1. In which zones should we continue to allow check cashing under the more stringent regulations? 2. Is the City willing to accelerate the elimination of non-conforming check cashing establishments through an amortization program? 3. What performance standards or requirements should be included in the ordinance? Ms. Lytle stated that included as an attachment to staff's report were performance standards contained in the City of Oakland ordinance that could be used in our ordinance, they are: · Minimum distance between activities · Minimum distance to sensitive uses · Additional performance standards to regulate blight security and adverse impacts. 7:00:38 PM Public Hearing Opened Carls Higgins, his firm represents the Community financial Services Association (CfSA) in San Diego stated they are working with other jurisdictions, i.e. National City, Oceanside and Escondido that have similar goals as the City of Chula Vista. Mr. Higgins stated they are in the process of drafting a model ordinance with the City of National City, which addresses every issue that staff has mentioned and contains studies that would be of value to staff in preparing their report that will be coming back to the Planning Commission. Therefore, he respectfully requested that they be granted 45 to 60 days to complete their report and work with staff in orderto present the Commission with a high quality comprehensive document. 7:02:46 PM Cmr. Nordstrom inquired if these institutions provide any kind of tax revenue to the City and if there are minimum design standards that are required of them Nancy Lytle responded that financial institutions do not provide tax revenue as would retail, and there are no minimum design standard; if they can meet building code standards they can fit into any storefront. 7:04:32 PM Cmr. felber stated that by disallowing them in the CT & CN zones, and allowing them in other commercial zones, i.e. urban core, it would appear that you are moving one set of problems into another location in the City. Cmr. Felber asked for clarification on how a nonconforming use would be eliminated through an amortization program. Ms. Lytle responded that the method of terminating a nonconforming use is to provide an amortization period in which the use is subject to loss of its legal status within a reasonable timeframe. The timeframe could be as long as 15 years, however, this is an area that would require the use of experts to conduct the economic research to back-up an amortization timeframe. 7:16:28 PM Cmr. Bensoussan stated that the amortizations should be on a case-by-case basis because one facility may have a much larger monetary investment over another and that should be part of the equation. Cmr. Bensoussan inquired if the Planning Commission could make a recommendation to extend the Planning Commission - 5 - October 12, 2005 areas that would preclude these uses in other urban core specific plan areas lile V1, V2, V3. Ms. Lytle responded that the urban core iswithin the purview of the Planning Commission and will have a recommending role in the UCSP. Cmr. Bensoussan inquired if there could be a cap on the number of establishments that can be located within a specific area in the City. Ms. Maland responded that a way to accomplish this would be to place in the ordinance a minimum distance requirement between activities. Cmr. Bensoussan stated that she would recommend increasing the minimum distance requirement to 1,000 or 1,500 feet for both the proximity to each other and the proximity to sensitive uses. 7:26: 17 PM Cmr. Cortes pointed out that the check cashing ordinance has been a pet project of his and is pleased to see the expediency with which it has moved forward in the eventual adoption of a good ordinance. Cmr. Cortes informed the Commission that Councilmember Castaneda has scheduled a meeting on October 18 to meet with check cashing industry reps, and indicated his desire, with the Commission's concurrence, to be the Planning Commission representative attending this meeting. 7:29:23 PM Cmr. Madrid stated she would like to see an aggressive, short-term amortization program; would like to significantly increase the distance between activities; and would support to have Cmr. Cortes be in attendance at this meeting as the Planning Commission's rep. 7:30:46 PM emr. Tripp trip asked Mr. Higgin to expound on the nature of the demand for these establishments. He indicated they appear to be serving, in many cases, a segment of the population that is economically under-privileged, at much higher rates than what is charged for check cashing and loans through a traditional financial institutions. Mr. Higgins stated that for the most part, many of their patrons are looking for a quick, short-term resolve to an unexpected or emergency financial situation. In many cases their patrons do not possess a credit profile and would be turned away by traditional institutions. The check cashing industry offers their patrons, at a higher risk, a means by which to resolve their short-term financial needs. 7:40:27 PM Public Hearing Closed. Cmr. Nordstrom stated that he supports Cmr. Cortes attending the meeting with industry reps, however, for edification purposes, he'd like to see it open to other members of the Commission who are interested in attending as well. Cmr. Nordstrom stated that the recommendations offered by his colleagues are good, and just wanted to point out that this is a much bigger issue and social-economic phenomena, that is not within the Commission's purview to solve. Ms. Lytle stated that other members of the Commission are welcome to attend, however, in keeping with Brown Act requirements, the meeting would need to be noticed just in case there is a quorum of the Planning Commission. Planning Commission -6- October 12, 2005 Cmr. Felber stated he supports Cmr. Cortes attending this meeting, and if his schedule allows would also like to attend. Cmr. Felber stated he concurs with Cmr. Bensoussan's earlier comment regarding an amortization schedule being on a case-by-case basis. He also supports the zoning restrictions along Broadway, however, he would hate to see the concentration of these establishments move from one area to another. 7:46:43 PM Cmr. Bensoussan stated that we have a good model ordinance in the Oakland Ordinance to follow, with our own particulars and cleaning up some of the legalities; she opposes delaying moving forward in drafting the ordinance. As an observation point, in her opinion, its not so much that there is a demand for these services, but rather, that they are very lucrative and do not require much of an investment to set up for business. MSC (Bensoussan/Madrid) (6-0-1-0) that the Planning Commission support Cmr .Cortes attending the meeting with CouncilmemberCastaiieda and industry reps and that he relay at this meeting the issues and recommendations brought up by the Commission at tonight's meeting. Motion carried. DIRECTOR'S REPORT: Ms. Lytle reported on: · The new Planning and Building Newsletter that will go out quarterly · The Community Development Department is looking at holding a workshop on the Housing Element in mid November · First Planner's Brown Bag lunch was held; attending was staff, members of the public and a guest speaker from the International Association of Public Participation COMMISSION COMMENTS: Cmr. Felber recommended consideration of having the brown bag lunch meetings held on Fridays in order to maximize participation and get those in the work force who have Friday's off. Cmr. Nordstrom disclosed that he had been approach by Mike Speth man who invited him to take a look at what an ADU should look like when its constructed according to regulations and with sensitivity to the surrounding neighborhood. He was also contacted by the new representative for the Realtors Association. 8:0 I: 11 Plv1 Meeting adjourned to October 19, 2005. Submitted by: