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HomeMy WebLinkAboutrda min 1997/01/21 CC MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/COUNCIL OF THE CITY OF CHULA VISTA Tuesday, January 21, 1997 Council Chambers 7:40 p.m. Public Services Building CALL TO ORDER I. ROLL CALL: PRESENT: Aganey/Councilmembers John $. Moot, Stephen C. Padilia, Jer~ R. Rindons, Mary Salas, and Chair/Mayor Shirley A. Horton. ALSO PRESENT: John Goss, Director/City Manager; John M. Kaheny, Agency Legal Counsel/City Attorney; Beverly A. Authelet, City Clerk; and Patricia Schwenke, Deputy City Clerk, CONSENT CALENDAR (Items pulled: None) Tile CONSENT CALENDAR WAS OFI~ERED BY CHAIR/MAYOR HORTON, including continuing Item No. 2 to 02/04/97, reading of the text was waived, rifles read, passed, and approved unanimously. 1. APPROVAL OF MINUTES: December 17, 1996 (Joint meeting); and January 7, 1997 (Joint meeting). 2. RESOLUTION 1528 ADOPTING NEGATIVE DECLARATION IS-97-06 AND APPROVING AN OWNERfFENANT PARTICIPATION AGREEMENT WITH MARINA A. PICCIONI AND KENTUCKY FRIED CHICKEN OF CALIFORNIA, INC. FOR THE CONSTRUCTION OF A BUILDING AT 1305 THIRD AVENUE--Kentucky Fried Clficken is proposing to lease the site, demolish the existing building and construct a new restaurant. Staff recommends approval of the resolution subject to conditions listed in the agreement (CommllRity Development Director). The applicant requested this item be continued to 02/04]97. * * * END OF CONSENT CALENDAR * * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING SUPS-95-02 - REQUEST TO CONSTRUCT AND OPERATE A MUNICIPAL WASTE TRASH TRANSFER STATION AND MATERIAL RECOVERY FACILITY AT 187 MACE STREET - MACE STREET TRANSFER STATION, INC.-The applicant is requesting approval of a Special Land Use Permit to construct and operate a municipal waste trash transfer station and material recovery facility in the Limited Industrial - Precise Plan Zone. Staff recommends approval of the resolution denying the application to construct and operate a trash transfer/material recovery facility at this site. (Community Development Director) Item continued from the meetin~ of 11/19/96 AGENCY RESOLUTION 1529 DENYING A SPECIAL USE PERMIT FOR A MUNICIPAL SOLID WASTE TRANSFER STATION AND MATERIALS RECOVERY FACILITY AT 187 MACE STREET Martin Miller, Associate Planner, gave a presentation explaining the reasons for staff's recommendation to deny the special use permit. The facility will accept municipal waste, sort that waste, recycle those items which are Minutes January 21, 1997 Page 2 recyclable, and transport the remaining nonxecyclable material to a landfill. This work will be done in an enclosed approximately 36,000 square foot structure. Approximately 1,000 tons of municipal solid waste is expected to pass through the facility on a daily basis when operating at maximum capacity. The operation will initially begin with 500 tons per day, and all waste brought into the facility is proposed to be shipped out the same day. The trash transfer station will generate approximately 300 trips per day by traffic arriving at and departing the facility. Some of the vehicles will be the neighborhood-type trash trucks with 8 to 10-ton pay loads, while others will be the larger semi-tractor-trailer-type trucks with 25 -ton pay loads. Staff recommends denial of the permit because the project is not consistent with the provisions oi~ the various applicable plans, the type of traffic attracted to the proposed facility will degrade the commumty, and the project is not compatible with nearby residential land uses. Michael Meacham, Conservation Coordinator, concurred with the planning Department's recommendation. He stated that a number of the concerns raised by residents in the asea were more solid waste related than land use related. This being the time and place, the public hearing was declared open. · Robert Epler, 9601 Ridgehavan Court, San Diego, CA, Assistant Director of Environmental Services Department for the City of San Diego, spoke in support of staff's recommendation to deny the permit. He stated the site will not meet the needs of Chula Vista and will require new trash to be brought to Chula Vista and will be subsequently exported out of the County. He indicated that trucks from the City of San Diego would not be dive~d to this facility even if it is approved and constructed. · Steve Palina, 176 Montgomery Street, Chula Vista, CA, spoke in support of staff's recommendation to deny the permit. He stated the residents encourage new business, employment, and revenue to the City but do not encourage traffic in this area of the City. · Mark Kroeger, 3691 Via Mercado, Suite 16, La Mesa, CA, owner of the industrial complex across the street from this project, spoke in favor of staWs recommendation to deny the permit. He felt this project would be better suited at the dump area where there are trash facilities and mitigation issues there to accommodate it. He commented that this site on Mace Street currently has loaded trash trucks which are uncovered, an extensive fly problem, and he has seen barrels of human waste in the dumpsters. He stated the odor from the dumpsters from the residue on the side of the containers even when empty is as much a problem as the trash itself. · Bud Chase, 3730 Valley Vista Road, Bonita, CA, representing 5extort Sand & Gravel, spoke in favor of staff's recommendation. He stated over three years ago, the City went out for a request for proposal on the trash transfer project and from the 35 initial sites, it was narrowed to 3 final sites at the Bayfront, Energy Way, and Maxwell Road. There were many public forums, and the vast majority of those attending the forum felt the Maxwell Road site was the best location. · Charles R. Gill, 600 West Broadway, Eighth Floor, San Diego, CA, representing Mace Street lac., spoke ia opposition to staff's recommendation and felt this facility will be an asset to the commln~uity. The assessments associated with the property taxes are such that redevelopment of tho site will provide significant tax benefits through tax incrementa to the City that can be used in the City's redevelopment area. The proposed operation will remove all of the existing truck storage and a 36,000 square foot building will be constructed. The trash brought into this facility will be commercial industrial department-type uses, will not be hazardous materials, and all of the operations will be indoors. This type of a facility is extensively regulated by the Integrated Waste Management Board by the State of California. He indicated Mace Street Inc. would agree to any type of a covenant the Agency feels is consistent with the terms of the use permit. A traffic study was conducted, and the proposed use has the same or fewer trips. There may be a difference in the type of trucks that como in, but in general there are no traffic impacts. He suggested that Main Street will probably become an issue with every redevelopment project that comes forward in the limited industrial area because there is a lot of non-conforming uses. He suggested that impact Minutes January 21, 1997 Page 3 issues regarding the noise, odor, and concerns about hazardous materials be included as condition imposed by the Agency. Chair/Mayor Herren asked Mr. Gill to address the concerns regarding odor that may permeate from the tracks due to the leftover residue. Mr. Gill stated the facility has several issues associated with odor to reduce it. There would be a vacuum mechanism created through a ~uctinn inside the building so when the doom open, the odor does not leave the building. There is also a misting operation that will magic the odor based on its chemical components to break it down so there is no residual odor in the building. There would be no storage of materials in this building because all materials that come in will leave the facility the saree day. There will be tracks that drive up and down the street with some odor associated with the individual tracks, but the odor will be transitory in nature unless the truck was stopped for any prolonged period of time. Chair/Mayor Herren clarified that Mr. Gill recommended to include a covenant that if this proposal was approved and there was a problem in the future, the Agency would have the power to revoke the permit. Mr. Gill answered it was correct, and not only would the Agency have the power through the conditional use permit findings to revoke the permit, if the Agency found it was a nuisance or the terms of the ennditious were not being fulfilled, an additional layer of protection could be added to give the Agency the right to put a lien on the property. Chair/Mayor Hortun stated in her conversation with the proponent, a development impact fee was discussed to address the main concern from the members of the community regarding traffic. Mr. Gill replied that traffic in this area is an existing problem. The eastern territory has the opportunity for infrastructure needs to be met. The imposition of a development impact fee on the commercial industrial areas will provide a vehicle by which the City, in its redevelopment of these properties, would ensure there would be adequate funds available for improvements. While this project will not have any specific traffic impacts, Mace Street Inc. would be prepared, depending on its reasonableness and cost, to fund the initial development of such a development impact fee which would require significant engineering to determine the types of improvements that will be necessary. ® Blanca R. Bystrak, 24 Tourmaline Street, Chula Vista, CA, expressed concern that bet residential area has been downgraded due to a lack of improvement in the area. She was concerned for the health and welfare of the residents and children, and she invited the Agency/Council to visit her neighborhood to visualize these concerns. She indicated there are four schools in the area that are impacted due to the existing truck problem. The trash transfer facility is one more thing they will have to fight. With the substantial tonnage of trash arriving at the facility on a daily basis, the doors will constantly open and close, odor will emit from the building, and the troeks will be lined up on the streets waiting to enter the facility. There being no further speakers, the public hearing was declared closed. Glen Googins, Agency Legal Counsel/Deputy City Attorney, commented that staff was not of the opinion the existing or proposed uses were necessarily legal and non-conforming uses. As to date, the applicant has not submitted evidence supporting this indication. The use would need to have been existing and legal at tho time of the adoption of land use regulations which may be non-conforming and that use must be continuous and non- interrupted. He stated that staff has not had the opportunity to make that analysis yet. Cliff Swanson, City Engineer, stated when the traffic study was completed for the project, the engineers did a track count of the existing use. Based on the counts, there were 400 two-way trips of trucks and cars daily. From that number, there were 366 two-way trips for trucks and 34 two-way trips for patrons. Under the proposed use, the maximum tonnage was 1,000 tons per day. Assuming the trash tracks have loads of approximately 8 tons per trip, January 21, 1997 Page 4 that gave 250 trips; there are also transfer tracks that will hold 25 tons per trip which would be 80 trips. The total means 330 two-way trips, and there is anticipation there will be an additional 70 passenger vehicle trips for customers, employees, and patrons to the site. From a traffic standpoint in numbers, it just about balances out. Agency/Councilmember Salas asked if the plot plan changed. The County was concerned the scales were 250 feat from the site's entrance, and with an approximate length of 30 feet for each truck, only six trucks can be stacked before they are lined out in the street. Mr. Swanson eommentx~d that the traffic study orily considered the number of trucks on the streat; however as they get more into the site plan review process, they could ask for sufficient stacking distance during peak hours. Mr. Mitchell stated the site plan was originally proposed to be a 63,000 square foot building, and was later revised to reflect a 36,000 square foot building; however, the daily tonnage of a maximum use of 1,000 tons per day did not change. Staffwas concerned with traffic and recognizes there would not be a significant change in the number of vehicles coming and going from the facility; however, staff wes deaply concerned with the types of vehicles coming and going. Agency/Councilmember Sales stated there is a substantial amount of public opposition regarding this facility, and she did not hear anything to convince her to approve this project. Agency/Councilmember Moot commanded Mr. Gill on his presentation and the owner of the property for recognizing a need to improve the facility. He stated that locations are important factors in land use decisions, and one of the advantages of the Maxwell site is they are next to the County facility. Agency/Councilmember Rindone stated that a transfer station if well designed, well placed, and well planned is a project that provides a great deal of public benefit and is essential for our community because of rising tip fees. He commented that in the past six years he has served on the Agency/Council, he has not seen as much opposition for this project from the beards, commissions, committee8, and residents. He stated there is a need for economic viability in this redevelopment asea that is critical to the growth and development of this City, but this proposal doesn't seem to be the right project or right time for it. He supported staff's recommendation but indicated he would reserve serious cousiderstion for an appropriate transfer station as we proceed with the study towards the Maxwell site. Agency/Conncilmember Padilla commended Mr. Gill on his presentation regarding this project and stated there were legitimate issues pointed out by staff regarding compatibility with the plan. Chair/Mayor Herren stated she is a member of the Otay Valley Regional Park Policy Committo0, and they unanimously opposed this project. She requested staff return to the Agency with a report on the concept of having a developer impact fired for this pm of the community to generate new development. AGENCY RESOLUTION 1529 OIt'I~'~RED BY COUNCILMEMBER SALAS, readinff of the text wss waived, title read, passed, and approved unanimously 5-0. ORaL COMMUNICATIONS None. OTm~R Bus~$~ 4. DIRECTOR'S/CITY MANAGER'S REPORT(S~: None. Minutes January 21, 1997 Page 5 5. CHAIR'S/MAYOR'S REPORT(S): Chair/Mayor FIorton requested staff return to the Agency with a report or action to officially dissolve the Southwest Project Area Committee, as recommended by the Economic Development Commission. 6. AGENCY/COUNCIL MEMBER COMMENTS: · Agency/Coun¢ilmember Riadone concurred with Chair/Mayor Horton that capital improvement projects wer~ needed for the Southwest area. · Agancy/Councilmember Salas commented that the area for the proposed transfer station is an area of Chula Vista on the verge of becoming an economically viable area due in part because of the MCA amphitheater and the watorpark. She commended all of the citizens that were involved in this process who came together to make this area of Chula Vista a better place for themselves. ADJOURNMENT The meeting adjourned at 8:55 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Patficia Sehwenke, Deputy City Clerk