HomeMy WebLinkAboutPlanning Commission Minutes 2008/06/25MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
June 25, 2008
Council Chambers
276 Fourth Avenue
Chula Vista, California
CALL TO ORDER: 6:03:15 PM
ROLL CALL /MOTIONS TO EXCUSE:
Members Present: Felber, Moctezuma, Vinson, Tripp, Bensoussan, Clayton
Member Absent: Spethman
Cmr. Spethman is on vacation and asked to be excused.
MSC (Felber/Clayton) to excuse Cmr. Spethman. Motion carried.
INTRODUCTORY REMARKS: Read into the record by Chair Tripp
APPROVAL OF MINUTES: May 28, 3008
MSC (Felber/Clayton) (5-0-1-1) to approve minutes as submitted. Motion carried with
Cmr. Bensoussan abstaining.
ORAL COMMUNICATIONS: No public input.
CONSENT AGENDA: No items
1. Public Hearing: s:os:oz PM PCC 08-13; Conditional Use permit for Championship Off-
Road Racing (CORR~ on July 25 - 27`h, September 12`h -
14`~ and December 5` - 7`h, 2008 and three similar dates in
2009 within the Rimrock Quarry land adjacent to the Otay
River Valley - XR Promotions. Applicant, LLC for
Championship Off-Road Racing (CORR).
Background: Harold Phelps reported that XR Promotions has applied for atwo-year temporary
Conditional Use Permit for three week-end off-road race events in July, September and
December, 2008 and three similar dates in 2009. The race-track is located within the Rimrock
Quarry, a mining operation, with a camping area to be located on an active recreation open
space area within the Otay Valley Regional Park and public parking to be located on the
undeveloped agriculture lands of the future Otay Ranch Village 3.
Due to the adjacency of the quarry to the Otay Valley Regional Park, staff met with the Otay
Valley Regional Park Citizen's Advisory Committee (CAC) on February 15, 2008 and a CORR
subcommittee was established by the CAC to review the proposal and on March 14, 2008 voted
9-0 recommending approval of the proposal to the CAC. On March 21, 2008, the CAC voted
11-7 recommending approval of the proposal to the OVRP Policy Committee who met on April
24, 2008 and accepted the CAC recommendation.
Planning Commission Minutes - 2 - June 25, 2008
Operational plans are required as part of the proposed 64 Conditions of Approval, they include:
storm water pollution prevention plan, security plan, traffic control plan, an emergency medical
plan, acoustical and biological monitors, and agood-faith deposit and liability insurance. A
hand-out of revised condition #61 containing the proposed good-faith deposit amount was
placed on the dais.
Mr. Phelps stated should any unanticipated problems occur, a public hearing between each
event may be held to either modify or revoke the CUP.
Staff Recommendation: That the Planning Commission approve resolution PCC 08-13
recommending adoption of the Mitigated Negative Declaration and recommending approval of
the CUP to the City Council in accordance with the findings and subject to the conditions in the
draft City Council resolution.
Commission Question/Comments:
6:16:51 PM Cmr. Bensoussan asked, based on the CAC. vote (11-7), what was the nature of
their concerns.
Mr. Phelps stated that the CAC voted similarly for last year's event and their opposition is
primarily a philosophical one based on the event's adjacency to the Otay Valley Regional Park.
6:18:26 PM Cmr. Tripp asked what was the nature of what went wrong in previous year's
events.
6:19:05 PM Scott Donaghe responded that the events have gotten better each year, however,
there have been a couple of issues resulting in the good-faith deposit condition. One of them
was the installation of bio-fencing next to the preserve; the other is emergency access to the
manholes that have been covered up by dirt from the grading operation at the quarry.
6:23:22 PM Nancy Lytle further clarified that we don't anticipate having to use the good-faith
security bond, but it is a way to ensure that the highlighted areas that are noted in the mitigation
monitoring that didn't occur properly last year, are corrected this year.
Cmr. Tripp asked if any consideration has been given to granting an extended Conditional Use
Permit at this venue for 10 or 15 years.
Scott Donaghe indicated that staff is currently processing an application for a CUP for 10 years
for a permanent racetrack at this site with expanded uses not just for CORR events, but where
people can take their vehicles and ride off-road.
6:30:26 PM Cmr. Moctezuma expressed concern with any potential fire hazard occurring due to
the event's proximity to the preserve.
Glenn Laube stated that the proposal has been designed to provide a 100-foot buffer against
the preserve from the parking and camping areas. Additionally, the Fire Department has
reviewed the proposal and they have developed a fire safety plan and have a complete battalion
on site as well.
6:33:13 PM
Planning Commission Minutes - 3 - June 25, 2008
Public Hearing Opened.
Rainey Hunter, representing CORR stated that because of time constraints with CORR
schedules they are back again requesting a temporary permit for this year's event, but
concurrently are processing a permanent venue and will be coming back to the Planning
Commission when that is ready.
Ms. Hunter stated that they are proud of their success and the visibility this event brings to
Chula Vista in addition to the economic boost it brings to retail and entertainment
establishments, restaurants and hotels.
Ms. Hunter stated that she received a copy of Condition #61 as she walked into the meeting and
although in theory they don't oppose it, nonetheless, they would like an opportunity to fully
review the cost estimates and discuss it with staff.
Understanding that an EIR will be required for a permanent venue, which is not an overnight
process, Cmr. Tripp asked if they had considered extending this temporary use permit to five
years to grant them the time that is needed to go through the preparation of an EIR and
entitlements for a permanent venue.
Ms. Hunter responded that they are confident they will be able to get all of the environmental
documents in order in a timely manner. The Wildlife Agencies understand that there is a real
need for a permanent venue because there's off-road activity in areas there shouldn't be, and
they are interested in finding an area that is fully disturbed that will channel these users to a
permanent venue.
Ms. Lytle clarified that we are not at liberty through the Mitigated Negative Declaration to extend
the two-year timeframe. Additionally, this temporary process has been of value because with
each event, there is something to be learned and improved upon for the next year's event and
has given the community an opportunity to also learn how it operates.
6:45:53 PM Lisa Cohen, Chula Vista Chamber of Commerce stated this event showcases the
City nationally with major network media coverage and also stimulates the economy for local
businesses. Additionally, they look forward to having a permanent venue as Chula Vista has
the majority of registered off-road vehicles in the County and will serve our community and
tourists well.
6:46:56 PM
Public Hearing Closed.
6:47:03 PM Cmr. Moctezuma stated she is not a big fan of environment-disturbing recreation,
however, very supportive of events that showcase Chula Vista and is much more at ease
knowing that the property owner is responsible and will ensure the event complies with all of the
conditions to protect the natural habitat.
6:48:34 PM
MSC (Clayton/Felber)(6-0-0-1) that the Planning Commission approve Resolution PCC 08-
13 recommending adoption of the Mitigated Negative Declaration (MND) and
recommending approval of the Conditional Use Permit to the City Council in accordance
with the findings and subject to the conditions contained in the draft City Council
Resolution. Motion carried.
Planning Commission Minutes - 4 - June 25, 2008
2. Information Item: Staff presentation of the implementation plan for the
seven climate protection measures recommended by
the Climate Change Working Group and adopted by
City Council.
6:51:42 PM
Background: Branden Reed, Environmental Resource Manager reported that he would be
leading the presentation with the assistance of Ed Batchelder and Brad Remp with the Planning
and Building Department, Maria Kachadoorian of Finance, and Jack Griffin of Public Works.
Mr. Reed gave an overview of the process leading up to tonight's meeting, which included an
extensive stakeholder outreach consisting of 22 different business and community groups, and
5 City commissions, and an implementation plan for each of the seven measures, which are:
100% Clean Vehicle Purchasing Policy
Encourage others to adopt a Clean Vehicle Policy
Business Energy Assessments
Green Building Standards
Solar Energy Conservation Program
Smart Growth Around trolley stations
Lawn Turf Conversion Program
7:59:03 PM
Public Hearing Opened.
7:59:16 PM Leo Miras, Environmental Health Coalition and member of the CCWG stated that
this phenomena is a global problem that must be address at the local government level in order
for there to be proper accountability and enforcement.
Mr. Miras stated he has concerns with the Green Building Standards, Measure #4; they are:
• Lowering the Title 24 requirement from 20% to 15%
• The loss of the third party certification on the carbon reduction checklist,
• The mitigation fee is worrisome; there's only a "bang for the buck" if that energy-
efficiency money is utilized; if not, then you're not getting any carbon reduction. It
appears this mitigation fee is a loophole for buying out of compliance.
8:04:45 PM
Public Hearing Closed.
8:04:36 PM Cmr. Moctezuma thanked staff for providing the information they requested from the
stakeholders and expressed concern with the cost impacts associated with the implementation
of these measures, especially in the current economic down-turn. Additionally, she expressed
concern with the three-year energy assessment; its administration would be extremely difficult
and costly in the midst of staff reductions.
8:06:50 PM Cmr. Vinson also thanked staff for their due diligence throughout this outreach effort
and for submitting a much more refined product. Cmr. Vinson stated that California has some of
the strictest environmental standards, and asked if a cost analysis had been conducted on the
economic impacts this program would have on out of State businesses trying to relocate to our
community.
Planning Commission Minutes - 5 - June 25, 2008
Mr. Remp responded that the information provided by the consulting firm was primarily on
residential development, although they did have access to commercial plans provided by
SDG&E. He is comfortable with the cost figures they provided for residential, and based on
that, the commercial would be higher. Mr. Remp noted that other jurisdictions have actually
lowered the percentage above Title 24 for commercial because of that cost differentiation.
8:13:04 PM Cmr. Felber expressed the same concerns with cost impacts and stated that
unfortunately because of the economy the timing for such a program is not optimal because
consumers and businesses are exercising caution and are in a fiscal conservative mode.
Cmr. Felber noted that the statistics show that we've had a 35% increase in carbon emissions,
but when considering the growth we've experienced, perhaps that figure is not an accurate
reflection of the facts and there could have been a net improvement.
Under Measure #3 (Business Energy Assessments), perhaps the assessment of businesses
every three years is too frequent and could be extended to every five years.
Cmr. Felber stated that he would prefer creating incentives wherever possible rather than
mandates because mandates tend to be more punitive or penalizing.
Cmr. Felber noted that the General Plan and UCSP both mention smart growth implementation
measure, therefore, the costs associated with this are already taken into account through the
implementation of these two plan and should not be included in the CCWG implementation plan.
8:19:45 PM Mr. Meacham stated that the City's greenhouse gas emissions went up 35%,
however, the City's component of self-mandated programs, which comprises 2% of the total
100% of the City, was actually reduced by 18%. Another important thing to note is that we
reviewed on a per capita basis and although we went up by 35% and the population went up
from about 160,000 to 220,000, our per capita rate went down 17%.
8:34:57 PM Cmr. Bensoussan commended staff for a job well done and made the following
comments:
• Disagrees with lowering to 15% above Title 24 standards.
• Some verification process should be in place to substitute or replace for the third party
certification programs; the CCWG had an oversight provision and recommended that the
RCC have that role, similar to the GMOC.
• The off-set program should be opened to a limited number of exceptions where projects
can't meet the requirement, but only after findings are made in that regard;
• There should be a minimum percentage above Title 24 with the rest off-set by fees
• Regarding measure #5 Solar Conversion Program, the Environmental Health Coalition
referenced the Solar Santa Monica program where little City money is used in the solar
program. EHC has pointed out that we should have recommendations in place if the
bond measure doesn't pass so that the program doesn't get lost; we need to have
alternative programs that might off-set some of the lack of financing.
• Incentives vs. mandates; supports mandates as recommended by the CCWG.
8:46:28 PM Cmr. Clayton stated her biggest concern is the cost impacts to businesses as well
as residents. Tying the energy assessment fee to business license renewal, in her opinion, is
not a good idea because there are many businesses throughout the City operating without a
Planning Commission Minutes - 6 -
June 25, 2008
business license. She would recommend doing an assessment block-by-block or district by
district. Cmr. Clayton also expressed concern with the lead levels contained in artificial turf.
8:49:51 PM Mr. Meacham stated that regarding lead levels, this is something that can be
addressed in the contractor qualifications and specifications process; that the artificial turf be
lead-free.
8:54:42 PM Cmr. Tripp stated that Council handed staff an enormous work program to conduct
a stakeholder outreach and a refined implementation plan to be brought back to them within a
90-day time period. Cmr. Tripp commended staff for doing an outstanding job in both the public
outreach and the end work product.
MSC (Tripp/Clayton)(6-0-0-1) to accept the report. Motion carried.
8:57:06 PM
3. Action Item: Election of new Chair and Vice Chair for FY 08-09.
8:59:27 PM
MSC (Clayton/Felber) to continue this item to the first Planning Commission meeting of
the new fiscal year, July 9, 2008.
9:02:12 PM
Adjournment to a regular Planning Commission meeting on July 9, 2008.
Submitted by
C ~~
~Da
Diana Vargas ~~
Secretary to the Planning Commission