Loading...
HomeMy WebLinkAboutPlanning Commission Minutes 2008/11/19MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. November 19, 2008 Council Chambers 276 Fourth Avenue Chula Vista, California CALL TO ORDER: 6:06:19 PM ROLL CALL /MOTIONS TO EXCUSE: Members Present: Tripp, Moctezuma, Vinson, Clayton, Bensoussan, Spethman Member Absent: Felber MSC (ClaytonNinson)(5-0-0-1) to excuse Cmr. Felber who asked to be excused. Motion carried. INTRODUCTORY REMARKS: Read into the record by Chair Tripp APPROVAL OF MINUTES: MSC (Bensoussan/Clayton) (5-0-1-1) to approve minutes of September 24, 2008 as submitted. Motion carried with Cmr. Vinson abstaining. ORAL COMMUNICATIONS: CONSENT AGENDA: PUBLIC HEARING(S): ACTION ITEMS: No public input. No consent items. 6:09:17 PM 1. Public Hearing: GPA 04-02; Consideration of an amendment to the City of Chula Vista's General Plan to change the land use designation on 46 acres from Limited Industrial to 39.3 acres as Residential Medium High (11-18 du/ac) and 6/7 acres as Open Space. ACS Sunbow, LLC -Applicant. 6:10:48 PM Staff recommends that this public hearing be opened and continued to a date certain of December 10, 2008. MSC (Moctezuma/Spethman) (5-0-0-1) that public hearing be opened and continued to December 10, 2008. Motion carried. 2. Public Hearing: A. DRC 06-63A/IS 06-25; Appeal of the Design Review Board's Approval of Design Review Permit and Adoption of Mitigated Negative Declaration for the Bonita Gateway Project located at 260 Bonita Road. Minutes of the Planning Commission - 2 - November 19, 2008 B. ZAV 08-04; Consideration of a Variance application requesting approval of an 8-ft. to 25-ft. encroachment for the proposed building and trash enclosure into the required 25-ft. setback along Plaza Bonita Road at 260 Bonita Road. Applicant: Jose Antonio Gonzalez/Bonita LLC. 6:13:11 PM Steve Power noted that a request for continuance was received by the appellant. Staff would recommend that the public hearing be opened, that testimony be taken from both the applicant and the appellant, and that the Planning Commission then make a determination to continue or not the item. 6:13:44 PM Public Hearing Opened. 6:13:56 PM Brian Fish, Luce Forward representing the appellant and Bonita Gateway stated his client was unable to be present tonight because of a prior out-of-town commitment and respectfully asked for a continuance of this item. 6:16:28 PM Ann Moore, representing the applicant, stated it has taken Mr. Gonzales over three and a half years to get his project before the Planning Commission and would respectfully request that the project not be delayed any further and the request for continuance be denied. 6:18:54 PM Jose Antonio Gonzales, applicant, urged the Commission to move forward with the hearing. 6:22:03 PM Doug Eiler and James Spark urged the commission to move forward with the hearing tonight. 6:24:02 PM Ken Stipanov, Luce Forward stated Mr. Robinson had an out-of-town family commitment that precluded him from being here tonight and asked that the Commission grant only athree-week continuance. Based on the information provided by staff, the Commission felt that the appellant was advised of the hearing day with adequate advance notice and felt that no further delay was warranted, therefore, would deny the request for continuance. MSC (Bensoussan/Clayton) (5-0-0-1) to deny the request for continuance and hear the item tonight. Motion carried. Motion carried. Cmr. Tripp disclosed that he was contacted by Marco Cortes, who asked what his position was on this project. Cmr. Tripp responded that he would make his decision based on the findings and after having heard staffs presentation and heard testimony from both parties. 6:33:40 PM Public Hearing Opened. Background: Caroline Young, stated that the Commission will be considering first the appeal of the DRB's approval of Design Review Permit and secondly, the Variance application requesting approval of a 8-ft to 25-ft encroachment for the building and trash enclosure into the 25-ft setback along Plaza Bonita Road. Ms. Young proceeded to give and overview of the proposal as described in the staff report. Minutes of the Planning Commission - 3 - November 19, 2008 6:38:26 PM Ann Moore stated she and Mr. Hector Reyes, the architect would be sharing a presentation with she addressing the findings for granting the variance and Mr. Reyes on the architectural elements. 6:40:14 PM Mr. Reyes stated the project adheres to the Bonita Gateway Specific Plan and highlighted the key points of the project stating it's an iconic project at the gateway to Bonita. 7:03:24 PM Ms. Moore addressed the hardship findings, which are: • the property is responsible for providing all of the access to the site and has a total of 16 easements, which also restricts the ability to locate buildings and the developable area on the site. • a comparison of property benefits indicates that the adjacent property owner 5 easements and 71 % of developable area vs. 16 easements and 42% of developable area. • The variance benefits both properties because it allows a greater step back between buildings, opens up the view corridor, enhances pedestrian and vehicular circulation and creates synergy between the two uses on both properties, and • The project is in conformance with the General Plan, which recognizes it is a gateway to Bonita and is governed by the Bonita Gateway Specific Plan, which allows and encourages a higher level of design freedom and innovative land use planning that would not be achieved through normal zoning provisions. The variance recognizes the constraints and would allow for superior design of the site. 7:22:46 PM Alicia Medina, Vice President Gateway Asset Mgt. stated they do not oppose the development of Mr. Gonzales's property, however, the scale and mass of the proposal doesn't correlate with the Bonita Gateway Specific Plan; if they want to make changes to the Specific Plan, the applicant should process an Amendment to the Specific Plan. 7:25:36 PM Ken Stipanov restated that they do not oppose development of this site and a variance is not needed provided the site is developed within the constraints of the Bonita Gateway Specific Plan. He clarified that the easements of the two major access ways were granted by the County to the Robinsons in 1983, years before Mr. Gonzales purchased the property. Furthermore, the capital costs to put in the driveway in the northern easement that serves both properties were paid for by Mr. Robinson. 7:28:23 PM Brian Fish pointed out that the same conditions with the easements existed when the Specific Plan was adopted in 1993. If the City decides that the project is best developed with or without the 25 foot setback, that involves a public debate and an analysis for a Specific Plan Amendment. He noted that because this has been framed in the context of a variance we're not looking at it from that perspective. Mr. Fish requested that the public hearing be held open until December 10`" to give Mr. Robinson an opportunity to address the Commission. Public Hearing Opened. 7:52:43 PM David Mejia stated the caliber of this project is fitting at a gateway to a community; he wholeheartedly supports the project and urged the Commission to grant the variance. Minutes of the Planning Commission - 4 - November 19, 2008 7:53:50 PM Nico Calavita, professor of Urban Planning at SDSU spoke of the unique architectural elements and cohesiveness with surroundings landform and neighborhood. He urged the Commission to grant the variance. 7:57:57 PM Jose Gonzales, applicant, stated this project represents his dedication to the betterment of his family, community and society; he thanked the Commission for their consideration of his project. 7:58:52 PM Marian Maurum, landscape consultant stated the architect went to great lengths to design a stellar project and balances design and extends it to outdoor user-friendly elements. The project compliments the adjacent parcel and enhances the commercial aspect and return on their investment. 8:00:17 PM James Clark member of the San Diego Regional Chamber of Commerce, but speaking as a private citizen, stated that the Bonita Gateway project is of great value to the City and supports the project. 8:00:58 PM Arturo Castro stated the Bonita gateway needs a project such as this and urged the commission's approval of the project. 8:01:44 PM Josie Calderon, business owner in Bonita stated she was very excited to learn of this project and as a resident of Bonita was delighted to hear of the architectural elements that tie into the rural history of Bonita as an equestrian-friendly community. She wholeheartedly supports the project. 8:04 D0 PM Andres Martinez spoke in support of the project. 8:04:20 PM Andres de la Parra, commended Mr. Gonzales for moving forward with such a quality project in less than optimal economic times; he wished much success to the project. 8:06:05 PM Anna Gonzalez spoke in support of the project. 8:06:31 PM Mario Escamilla stated that this project is a perfect fit for the location and greatly needed because during these tough economic times any employment opportunity is greatly needed. 8:07:25 PM Doug Eilar environmental consultant stated he supports the adoption of the Mitigated Negative Declaration. 8:08:50 PM Vincent Scheidt project biologist stated there is no biology of any substance on this site and this project is a beautiful use of an otherwise unattractive piece of property. Public Hearing Closed. 8:09:49 PM Gary Halbert pointed out that much was said about the property's current condition existing at the time that it was purchased by Mr. Gonzales and clarified that the findings that need to be made for the variance relates to the property, not the person purchasing the . property. The architectural guidelines within the Specific Plan identify that the two developments should be similar in scale and mass, however, this cannot be achieved without the variance. Minutes of the Planning Commission - 5 - November 19, 2008 8:11:53 PM Cmr. Tripp stated he would like to receive a working set of drawings and plans as well as a copy of the applicant and appellants presentation, therefore, he is recommending to keep public hearing open and consider continuing this matter to the December 10'" meeting. 8:14:09 PM Cmr. Vinson stated he believes both sides have received a fair opportunity to make their presentation tonight and based on that he is able to make the necessary findings tonight and does not support a continuance. 8:14:45 PM Cmr. Spethman offered a historical perspective on the Pier 1 building having served on the DRC at the time that it was approved. He indicated that a dramatic architectural style was precisely the type of signature building that they were looking for at the gateway to Bonita. Recognizing that this is an extremely constricted site, he expressed appreciation for the detailed architectural elements that blend into the community's character and commended Mr. Reyes for his innovativeness, and expressed appreciation to Mr. Gonzales for his commitment to his community and sticking with it throughout this drawn-out entitlement process. 8:17:51 PM Cmr. Bensoussan stated she is very pleased that they are not considering typical uses next to a freeway i.e. a fast-food restaurant or gas station. Instead, in spite of its constraints, a higher and better use of this site is being proposed. She does not support a continuance. 8:20:33 PM Cmr. Moctezuma stated that the finding for the variance are clear and the constraints on the land are evident. She commended the applicant and his architect for the exceptional effort they made in blending in with the existing environmental elements and making this project pedestrian/community-friendly. 8:22:24 PM MSC (Moctezuma/Clayton) (5-0-0-1) that the Planning Commission uphold the decision of the Design Review Board's approval of the DRC 06-63A/IS-O6-25 and adoption of the Mitigated Negative Declaration and approve the variance application ZAV 08-04. Motion carried. 8:31:29 PM 3. Public Hearing: Consideration of a Conditional use Permit, PCC 08-17 to operate the South Bay Swap Meet at the Cricket Amphitheatre parking lots located at 2050 Entertainment Circle. Richard Zumwalt reported that the applicant, Mr.Jose Morfin and Mr. Thierry Gray, General Manager of the Cricket Wireless Amphitheater request approval of a Conditional Use Permit to operate the South Bay Swap Meet on the parking lots of the amphitheater, to operate on Saturday and Sunday with proposed hours of operation from 7:00 a.m. to 5:00 p.m. (open to the public 8:30 to 3:00 p.m.), serving approximately 400 vendors and 4,000 customers, with customer parking in one of two existing parking lots with a parking capacity of 2,840. Mr. Zumwalt stated the City Council resolution has been amended to reflect a couple of new conditions from the Finance Department and Engineering Department; they are: The applicant and individual vendors shall each obtain business licenses to the satisfaction of the Finance Department prior to operation of the project Minutes of the Planning Commission - 6 - November 19, 2008 The individual vendors shall obtain a sellers permit resale number from the State of California, and Applicant shall fund and conduct future traffic control analysis. 8:52:35 PM The Commission raised the following questions: • What are the traffic impacts on Entertainment Circle during Knotts Soak City's peak season • Is on-site security required, and • What is the duration of this CUP Staff indicated that the hours of operation are staggered with the swap-meet opening at 8:00 and the water park at 10:00, therefore, it is not anticipated that this would be a problem. The Police Department did not require the applicant to have on-site security, however, they did ask that they provide asix-month report of any criminal activity and calls for service to assess whether a different approach needs to be considered, such as on-site security. This CUP expires after one year and the applicant would have to re-apply and obtain approval for a new CUP. 8:56:41 PM Public Hearing Opened. 8:56:50 PM Jose Morfin, applicant stated that this project is of benefit to the community and they are eager to open their doors; he thanked the Commission for their consideration of his proposal. 8:57:31 PM Chris Cholders, Vice President for Southbay Swap Meet stated that Entertainment Circle offer's great ingress/egress to both the swap meet and the water park. As previously stated, the peak hours for both venues are staggered and the anticipated traffic from the swap- meet customers come and go throughout the entire time that its open. 9:00:28 PM Eduardo Aguayo stated he is grateful for the opportunity this brings to him to develop his business and support his family as well as make a contribution to his community. 9:05:08 PM Cosmo Sanchez stated he is a vendor and lives in the nearby community next to the swap meet; he is excited about the project and the community is as well because they have a place to go to on weekends and buy affordable things. 9:06:03 PM Clara Varela stated that as a vendor who has lost 60% of her sales due to the economic downturn, she is excited that this venue will enable her to supplement some of her income. Public Hearing Closed. The Commission expressed support of the proposal to operate aswap-meet at this location that will be a major draw not only to residents of the Southbay, but also visitors from across the border, as well as create a synergy with other businesses in the area. They also commended the applicant for his plans to designate a few spaces for non-profit organizations to educate the community about their services and expressed support for the CUP to be extended for afive- yearperiod with continued monitoring from the Police Department for any criminal activity. Minutes of the Planning Commission - 7 - November 19, 2008 9:10:55 PM MSC (Spethman/Tripp) (6-0-0-1) that the Planning Commission: • approve PCC 08-17 for the operation of a swap-meet at the Cricket Wireless Amphitheater parking lot • approve the amended resolution to include the two conditions of approval from the Finance Department and Engineering, and • extend the duration of the CUP from one year to five years. Motion carried. Commission Comments 9:13:04 PM Cmr. Clayton stated she would like to request a presentation from the Balanced Community Affordable Housing Task Force, specifically addressing the changes in inclusionary housing triggers. Adjournment: To a regular Planning Commission meeting on December 10, 2008. Submitted by: ..-~.9 Y ;'L1 Diana Vargas, Secretary to the Planing Commission