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HomeMy WebLinkAboutPlanning Commission Minutes 2008/08/27MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA Council Chambers 6:00 p.m. 276 Fourth Avenue August 27, 2008 Chula Vista, California CALL TO ORDER: 6:03:10 PM ROLL CALL /MOTIONS TO EXCUSE: Members Present: Tripp, Vinson, Felber, Bensoussan, Clayton, Spethman Member Absent: Moctezuma MSC (Clayton/Felber)(6-0-0-1) to excuse Cmr. Moctezuma who called to ask to be excused due to a personal commitment. Motion carried. INTRODUCTORY REMARKS: Read into the record by Chair Tripp ORAL COMMUNICATIONS: No public input. CONSENT AGENDA: 1. Action Item: PCC 07-64; Request for a three-year extension on Conditional Use Permit located at Birch Road and Discovery Fall Drive for Concordia Lutheran Church. MSC (Felber/Clayton) (fi-0-0-1) to approve under Consent Agenda, Action Item #1 PCC 07- 64; Request for athree-year extension on CUP located at Birch Road and Discovery Fall Dr. for Concordia Lutheran Church to the Consent Agenda. Motion carried. INFORMATION ITEM: 2. Information Item: s os:to PM Residential Abandoned Properties Ordinance. Doug Leeper, Code Enforcement Manager gave an update of the Residential Abandoned Property Ordinance, also known as RAP, that was adopted by the City Council in August 2007. The intent of the ordinance is to address the negative impacts on the quality of life of a community and the devaluation of surrounding property values caused by unmaintained and abandoned properties. The City of Chula Vista has been nationally recognized as a leader in this field, having received extensive national media coverage, contacted by over 280 jurisdictions nationwide, and invited to speak before a congressional subcommittee in Washington to testify on the negative impacts of foreclosures and what cities can do proactively to minimize that impact. The ordinance requires the lender to inspect the property upon recordation of the notice of default and maintain their knowledge of occupancy; once the property becomes vacant, it requires that they maintain the property to the neighborhood standards, ensuring that the Planning Commission Minutes - 2 - August 27, 2008 property is secured and posted with a local management company who maintains the property. The ordinance is enforced through fines and penalties and full-cost recovery. Cmr. Clayton asked if the City Attorney has explored whether this ordinance is discriminatory in that it burdens the lenderlowner, but not anon-lender/owner who allows his property to fall into similar disrepair and may also be vacant. Mr. Leeper responded that the City Attorney thoroughly evaluate the ordinance prior to its passage. Cmr. Felber asked what happens in the cases where someone calls the management company to complain about something and it doesn't get taken care of. Mr. Leeper stated that in most cases, if there's no response from the management company, people are most definitely then calling Code Enforcement to lodge their complaint. Cmr. Tripp commended Mr. Leeper for his leadership in crafting this ordinance and implementing this program, and asked if he had adequate resources and manpower to run the program. Mr. Leeper stated that the program is very labor-intensive and requires a lot of research; they are in the process of shifting personnel around to keep up with the caseload. Cmr. Bensoussan asked what happens to properties that are vacant, but not in foreclosure. Mr. Leeper stated that if the property is vacant and secured, even if they're not taking care of the property, this ordinance does not apply. If they are opened and vacant, then they can use the nuisance ordinance. Cmr. Vinson stated that some of the complaints he's received from realtors is that you can't turn a dry turf green overnight and asked if using a turf stain is acceptable. Mr. Leeper stated that some of the turf stains look great and so long as the grass matches those of the surrounding neighborhood; that is what the goal is. 3. Information Item: General Plan Implementation Annual Progress Report. 6:52:08 PM Stan Donn gave an overview of the 2005 General Plan, the implementation framework, the tools to implement the plan, their status including funding sources. 7:42:37 PM Cmr. Vinson asked how much of the 13 million FY 2008-09 CIP budget have already been expended year-to-date. Ms.Lytle stated that we don't have that number, but this year we're going to be coming for the first time through the budget process to the Planning Commission with the Capital Improvement Program so that you can have a look at the CIP and evaluate it for its consistency with the General Plan, which is a State requirement that the Planning Commission adopt a Finding of Consistency with the General Plan and while we haven't Planning Commission Minutes - 3 - August 27, 2008 done that in the past, the people who are responsible for the CIP have agreed to do that this year. 7:50:51 PM Public Comments Opened. 7:51:04 PM Karina Lopez stated that she is a concerned about the health of her community and would like the Planning Commission to make a motion regarding how the MMC Peaker Power Plant violate E6.4 of the General Plan which states, "avoid setting new or repowered energy facilities or other major toxic emitters within a thousand feet of a sensitive receptor". Ms. Lopez stated that she and children who attend Otay Elementary School and residents who live as close as 350 away from the proposed MMC Peaker Plan are considered sensitive receptor. She urged the Planning Commission to write a letter to the City Council enforcing the recommendation set forth in the General Plan. This is a health, social and environmental issue. This region is zoned for Lite Industrial Use and expanding the plant from 40 megawatts to 100 megawatts will designate this area as heavy Industrial use. 7:56:22 PM Hugo Salazar stated he is speaking before the Planning Commission because they considers matters that affect the quality of life and is suppose to acts in the best interest of the community. The Planning Commission is also charged with ensuring that the General Plan is not violated, whether it be with an issue such as the expansion of Peaker Plant or any zoning violation. The Peaker Plant clearly violates section E6.4 of the General Plan and urged the Commission to raise that issue to the City Council. 8:01:32 PM Leo Miras, Environmental Health Coalition, stated that the General Plan is the expression of values and goals of where the City wants to go and drives the City's decision and we're starting to see some failures in the implementation of the General Plan in the Environmental and Land Use Element. Of great concern to the community is when a violation of the General Plan is allowed to continue as in the MMC Peaker Plant. 8:05:03 PM Public Comments Closed. Cmr. Bensoussan asked for clarification on what percent of the 13 million dollars in the CIP budget is allotted for southwest Chula Vista and what budget year is it earmarked for. Mr. Donn responded that it's approximately 80% of the 13 million dollars in the CIP budget and the budget year is FY 2008-09. Cmr. Bensoussan asked if there was any way that they could get further breakdown on the allocations. Ms. Lytle stated that we were planning to come back with the CIP budget in March as part of the budget process, however, if the Commission so desires we could invite the people who are responsible for the CIP budget to come and do an overview of the CIP program similar to the one tonight on Code Enforcement. 8:11:13 PM MSC (BensoussanNinson) (6-0-0-t) to bring back to the Commission an information item as to the detail of implementation of the CIP funding. Director's Report. Planning Commission Minutes - 4 - August 27, 2008 Nancy Lytle invited the Planning Commission to Saturday's, August 30 event of the Southwest Community in Action event. 8:13:32 PM Adjournment to a Regular Planning Commission meeting on September 13, 2008. Submitted By: -~- .~ Diana Vargas, Secretary to the Pla ing Commission