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HomeMy WebLinkAboutPlanning Comm Reports/1989/06/28 AGENDA City Planning Commission Chula Vista, California Wednesday, June 28, 1989 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed five minutes. 1. PUBLIC HEARING: PCM-89-20 and PCS-89-8: Consideration of a sectional planning area plan and tentative subdivision map known as Woodcrest Southwestern, Chula Vista Tract 89-8, located on the north side of Telegraph Canyon Road, between Apache Drive and Buena Vista Way - Woodcrest Development (Continued) 2. Consideration of Extension of P-79-013 and PCC-86-34M: Request for a one-year extension to operate an auto recycling yard at 3513 and 3517 Main Street - Carole and John Marquez (Continued) 3. PUBLIC HEARING: Draft Environmental Impact Report EIR-89-2, Rancho del Rey SPA II OTHER BUSINESS: 1. General Plan Update - Reconsideration of Land Use Plan Text 2. Appointment to Otay Ranch Interjurisdictional Task Force 3. Overview Sunbow II/Project Description and Issue Identification DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT p.m. to the Regular Business Meeting of July 12, 1989 at 7:00 p.m. in the Council Chambers City Planning Commission Agenda Item for Meeting of June 28, 1989 Page 1 1. PUBLIC HEARING: PCM-89-20 and PCS-89-8: Consideration of a sectional planning area plan and tentative subdivision map known as Woodcrest Southwestern, Chula Vista Tract 89-8, located on the north side of Telegraph Canyon Road between Apache Drive and Buena Vista Way - Woodcrest Development (continued) A. BACKGROUND This item was continued from the meeting of June 14, 1989, at the request of the applicant in order to resolve certain issues with an adjoining property owner. These issues have yet to be finalized, and Woodcrest is requesting an additional two-week continuance. Staff supports a continuance to the meeting of July 12, 1989. B. RECOMMENDATION Adopt a motion to continue PCM-89-20 and PCS-89-8 to the meeting of July 12, 1989. WPC 6209P City Planning Commission Agenda Item for Meeting of June 28, 1989 Page 1 2. PUBLIC HEARING: Extension of P-79-013 and PCC-86-34M; request for a one-year extension to operate an auto recycling yard at 3513 and 3517 Main Street - Carole and John Marquez A. BACKGROUND 1. On May 4, 1979, Carole and John Marquez, owners of 3513 and 3517 Main Street, were granted a major use permit (P79-013) for a ten-year period expiring on May 5, 1989, by the County of San Diego, to operate an auto dismantling and recycling operation at the above sited address. 2. On July 7, 1986, subsequent to the annexation of the Montgomery Community to the City of Chula Vista, the Marquez' received approval for a minor deviation from their existing permit in order to replace the caretaker's residence with a temporary butler building to house used auto parts (PCC-86-34M). 3. Carole Marquez contacted staff early in March 1989 regarding the extension of conditional use permit PCC-86-34M and P79-013. Due to scheduling problems, the public hearing on the same could not be scheduled until May 3, 1989, for the Montgomery Planning Committee and May 24, 1989, for the Planning Commission. These dates are subsequent to the expiration date of the permit. Carole Marquez' request for an extension of the permit is attached. 4. The project is exempt from environmental review. 5. At the meeting of the Montgomery Planning Committee on May 3, 1989, the Committee recommended that the City Planning Commission grant a one-year extension of P-79-013 and PCC-86-34M. 6. This item was continued from the Planning Commission meeting of May 24, 1989, in order to resolve certain legal and procedural issues. B. RECOMMENDATION Based on the analysis contained in Section D of this report, adopt a motion to approve a one-year extension for P79-013 and PCC-86-34M from May 5, 1989, to May 5, 1990, provided that the following additional conditions are met: 1. By July 27, 1989, thirty (30) days following the granting of the extension, the applicant has applied for a grading permit to remove the illegal fill from the adjoining parcel of her property which is located south of the area included within the conditional use permit and within the floodway of the Otay River. Within this timeframe the applicant must also apply for a permit from the U. S. Army Corps of Engineers and a Streambed Alteration Agreement from the California Department of Fish and Game and any other necessary permits. City Planning Commission Agenda Item for Meeting of June 28, 1989 Page 2 2. By August 27, 1989, sixty (60) days after the granting of this extension, work to remove the illegal fill shall have commenced. 3. By December 25, 1989, five (5) months after the granting of this extension, the illegal fill shall have been completely removed to the satisfaction of the Engineering Department. 4. In the event that any of the above conditions have not been met within the required time periods, the conditional use permit will be revoked. C. DISCUSSION There are two major issues which the Planning Commission should consider: the proposal for an extension of the conditional use permits and the application of conditions which relate to adjoining property also owned by the applicant and located south of the area included in the CUP. 1. Extension of the Conditional Use Permit The Marquez's J and C Auto Wrecking Yard is located at 3513 and 3517 Main Street, on the south side of Main, west of Center Street and north of the Otay River in the Montgomery Community. The portion of their land covered by the above sited permits is 13.72 acres. The site fronts upon and takes access from Main Street. The land is zoned M54 and designated as Research and Limited Industrial on the Plan Diagram of the Montgomery Specific Plan. The current land use, auto recycling, is a non-conforming use and will be phased out once the zoning is implemented in the Montgomery Community. At issue is the timing for the implementation of the zoning. 2. Addition of Conditions to Land South of the Area included in the CUP The Marquez' are also owners of a 5-acre parcel at the rear of the auto wreckers which is leased to a company known as Best Soils, owned by Mr. Joseph Byrne. Best Soils uses the site to store and process soils and other material. Since the establishment of the business sometime after 1981, more than an estimated 26,000 cubic yards have been illegally deposited on the site forming a pad within the floodway approximately 7 feet above the natural topography of the river. The fill is in violation of the Grading Ordinance for the City of Chula Vista and the City has been attempting to take steps to enforce compliance with the ordinance. Federal officials from the Department of Fish and Game were also involved in communication with Mr. Byrnes on these violations. City Planning Commission Agenda Item for Meeting of June 28, 1989 Page 3 The City notified the Marquez' of the illegal condition on November 17, 1986, yet the illegal condition persists to this day. With regard to relating this situation to the request for extension, Section 19.14.070 of the Municipal Code states: "The Director of Planning or the Planning Commission shall have the discretion to include in notice of the hearing on such application notice that the Planning Commission will consider classification of other than that for which application is made and/or additional properties and/or uses (emphasis added). It is staff's recommendation that Section 19.14.070 be used by the Planning Commission in this case to address the illegal fill (use) of the adjoining property. D. ANALYSIS Extension of Conditional Use Permit 1. With the adoption of the Montgomery Specific Plan on September 13, 1988, the present auto wrecking use became non-conforming. 2. The rezoning of the Montgomery Community is expected to be completed within six months. The plan states "Existing open uses of land, such as automobile salvage yards...shall be regarded as nonconforming and shall not be expanded or continued beyond their existing time limits, or within 24 months after the date of rezoning of the involved sites to "I-L, Limited Industrial" whichever occurs last." 3. Once the zoning for the Montgomery Community has been adopted, the Marquez' will have a maximum of two years' time to relocate or change the present land use. The Planning Department is recommending an extension of the permit for one year. At that time the applicants could apply for an additional extension for the remainder of time their non-conforming use would be allowed. Addition of Conditions to Land South of the Area Included in the CIP 1. As mentioned earlier, the land in question is directly south of that governed by the existing CUP and is located in the floodplain. The Otay River Park proposed under the Montgomery Specific Plan would not be confined to the riparian habitats or wetlands within the jurisdiction of Army Corps of Engineers but would probably occupy a significant part of the Otay River's floodplain. The park is proposed as the southerly component of the Chula Vista Planning Area's greenbelt, and could be of regional importance and scope, since it would serve the residents of Montgomery, the City of Chula Vista at large, the City of San Diego, and much of the South Bay subregion. City Planning Commission Agenda Item for Meeting of June 28, 1989 Page 4 This future parkland should be protected. The aforementioned recommendations of conditions related to the adjoining property would help protect the area. 2. The illegal fill has remained in the Otay River for at least 8 years. Regardless of who dumped it, the property owner is responsible for removing it and should do so at this time. 3. When there is an opportunity to improve the Montgomery Community as there is wi th this conditional use permit application, it should be taken. 4. Finally, the Planning Department views this application for an extension of the conditional use permit in a broader perspective. Auto recycling yards are, as stated earlier, being phased out. Staff is recommending an extension to this permit and to the auto recycling use being tied to the correction of a long standing problem of significant environmental concern. This is in keeping with the goals of the Montgomery Specific Plan to promote order, amenity and beauty. WPC 6405P I' i EL. 4ENTARY I MAIN STREET WAY (FW) AREA PR, FOR ADDIT CONI USE (A-1-10) CITY OF CHULA VISTA DISCLOSURE STATEMENT ANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATION'-'"~ WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING ~COMMISSION AND ALL OTHER OFFICIAL BODIES. The fo)lowing information must be disclosed: ~ 1. List the names of all persons having a financial interest in the application. List the names of all persons having any ownership interest in the property involved. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to {1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s) ----- s defined as: "Any individual, firm, copartnership, joint venture, assoc~ club, fraternal oroaniT~tinn ~ ...... ~ ...... this an~ .... ~ ....... ~X -FZ---,.~v,vu,~,u.~ estate, trust, receiver, syndicate, i. ' '"' c?y county, c,ty, munic, alit,, r a, or other pol t~cal subdivision, or any other group or comb' 'on ac in . ' ,, (NOTE: Attach additional pages as necessar()~/~ m~Q=ure o f~l~pq~Fca n t/d a t e or type name of applicant City Planning Commission Agenda Stem for Meeting of June 28, 1989 Page 1 3. PUBLIC HEARING: Draft Supplemental Environmental Impact Report: EIR-Bg-2, Rancho del Rey SPA II A. BACKGROUND The Rancho Del Rey SPA plan is the second phase of the E1 Rancho del Rey Specific Plan. The first phase of the project, SPA I, is currently under construction. The E1 Rancho del Rey Specific Plan area encompasses approximately 2,450 acres located east of Interstate 805, south and west of Otay Lakes Road, and north of Telegraph Canyon Road in the City of Chula Vista. The approximate 192 acres of SPA IS is located northeast of the intersection of East "H" Street and Ridgeback Road. The SPA II Plan proposes the construction of 567 single-family dwelling units, community facilities (a church and a day care use), and a neighborhood park. In addition to the development described above, the applicant has proposed the expansion of an existing borrow site located along the eastern edge of SPA II. The Supplemental EIR was prepared in conjunction with the previously prepared Final EIR-83-2, E1 Rancho del Rey. The purpose of this ESR is to provide an accurate and concise informational document which analyzes the environmental consequences of the adoption of Rancho Del Rey, SPA II. The environmental analysis performed for the proposed project includes the following issues: geology/soils, drainage/groundwater/water quality, landform/aesthetics, biology, archeology, transportation/access, land use/general plan zoning, community social factors, community tax structure, parks/recreation/open space and public services. The EIR also includes an analysis of project conformance with the City's Threshold Policy standards for fire, police, sewer, water, parks/recreation and drainage as well as alternatives to the project. The environmental consultant responsible for the preparation of this report is P.D. Technologies, Inc. of San Diego, California. This draft EIR on E1 Rancho Del Rey SPA II was subject to a 45-day review period through the State Clearing House (SCH) which has concluded. B. RECOMMENDATION Conduct the public hearing on the Draft EIR-89-2, close the hearing and give P & D Technologies and staff any desired direction for the preparation of the Final EIR. City Planning Commission Agenda Items for Meeting of June 28, 1989 Page 2 C. ANALYSIS 1. Soils and Geology Development of the proposed project will involve grading of ridge-tops and filling of canyons and side slopes. The Otay Formation is expected to be the primary unit exposed after grading. Although the La Nacion Fault traces cross the western portion of the site, they are not considered active. Mitigation measures to minimize the visual effects of grading have been recommended. 2. Drainage/Groundwater/Water Quality The proposed project will result in additional impervious surface area which will increase surface water runoff rates. Development of the site will result in a change in the type and amount of contaminants contained in surface runoff. This represents a cumulative impact to local water quality. On-site improvements, including natural and improved channels with closed conduit, would mitigate drainage impacts. No mitigation is proposed for potential water quality impacts since flows will not drain into a domestic water supply. 3. Landform/Aesthetics Development of SPA II would significantly alter landforms on-site. Grading would primarily be confined to the ridge-top areas, with the major canyon areas retained as open space. The degree of visual alteration is consistent with what was anticipated when the specific plan was approved. Grading associated with the project will be in conformance with the general grading slope bank standards set forth in the SPA II Plan. Implementation of the community design guidelines will reduce impacts to below a level of significance. They include landscaping, fencing design, community signing, lighting and parking design/street furniture. 4. Biology Development of the proposed project would result in a potentially significant loss of coastal sage scrub habitat for the California black-tailed gnatcatcher and the cactus wren. Impacts to the cactus wren will be adverse but not significant because approximately two-thirds of the cactus wren population is preserved in open space. Development of the project will result in significant impacts to the black-tailed gnatcatcher. The project design has been modified to preserve the San Diego Thornmint site. There will be no impact to the snake cholla transplant area in Rice Canyon. City Planning Commission Agenda Items for Meeting of June 28, 1989 Page 3 5. Archaeology Field investigations at the archaeological site W-3432 demonstrated that the site has been destroyed by grading for a water pipeline setup for water transport to the development project in SPA I. Due to the disturbance an evaluation of significance as required by CEQA cannot be performed due to the elimination of cultural materials. Because there is no means to prove that the site was insignificant, it is assumed that the site was significant and that impacts to the site were adverse. 6. Transportation/Access The average daily traffic generated by SPA I and SPA II combined is 33,364 which is 4,388 ADT greater than calculated under SPA I only. The future traffic volumes on East "H" Street were calculated to be within the Threshold ADT determined by the City (i.e., 56,500 ADT east of the intersection of East "H" Street and Hidden Vista Road) and no significant impacts are expected. Assuming several road widening actions and intersection geometry changes are completed, then no significant impacts to circulation would occur. The previous Development Agreement with the City for SPA I includes a traffic threshold of 56,500 average daily trips (ADT} east of the intersection of East "H" Street and Hidden Vista Poad until State Route (SR) 125 is built. In order to comply with this condition, approximately one-half of the employment park in SPA I is on hold. The applicant is currently proposing to develop all or portions of SPA II prior to development of all or part of the "central ridge" within SPA I. This reflects a modification in the approved development sequence for SPA I. If the 56,500 ADT threshold is reached, then any development within SPA I or SPA II would be put on hold until the completion of SR-125. 7. Land Use/General Plan/Zoning The Rancho del Rey SPA II Plan as proposed is in conformance with the land use policies and plans of the City of Chula Vista, the E1 Rancho del Rey Specific Plan and with existing and proposed land uses in the vicinity of the project site; development of SPA II would not result in significant land use impacts. 8. Community Social Factors No potential adverse impacts regarding community social factors are associated with the development of the proposed plan. Impacts to population, housing and employment are consistent with the E1 Rancho del Rey Specific Plan. City Planning Commission Agenda Items for Meeting of June 28, 1989 Page 4 9. Community Tax Structure Implementation of the proposed Rancho del Rey SPA II would result in a net fiscal benefit of approximately $32,000 annually to the City of Chula Vista; therefore, no adverse impacts would result to the community tax structure. 10. Parks, Recreation and Open Space As part of the proposed project, a 6.5 acre neighborhood park would be developed on-site. This park, would fulfill and, in fact exceed the park requirements as determined by the City. The net impact to parks and recreation would be beneficial. A substantial portion of the site (42%) would be dedicated as open space. There would be no adverse impacts to open space. ll. Public Services During peak demand times, OWD cannot currently guarantee an adequate supply of water to meet the water needs of the project. This is regarded as a significant impact. Development of on-site sewage facilities consistent with the 1986 sewer study would provide adequate infrastructure to accommodate project flows. The location of the 69 KV line through several residential lots is regarded as a significant impact. Incremental impacts to police protection would result from development of SPA II. Emergency fire and medical response would be supplied in compliance with the Threshold Policy and no significant impacts are anticipated. Both the Sweetwater Union High School District and the Chula Vista City School District are involved in the planning and construction of new facilities which would provide adequate facilities for the additional students generated by the project. D. ENVIRONMENTAL IMPACT SUMMARY 1. Significant Environmental Effects Significant environmental impacts are expected in the following areas: Soils and geology, biology, archaeology, transportation/access, and public services. 2. Mitigation Measures a. Soils and Geology Most of the required excavations can be made by the conventional heavy grading equipment; however, some ripping of cemented beds may be needed. The geotechnical report identifies detailed grading and earthwork recommendations. The geotechnical consultant should monitor grading to confirm that field conditions are consistent with the conditions predicted by the preliminary investigations. City Planning Commission Agenda Items for Meeting of June 28, 1989 Page 5 b. Biology Impacts to wildlife and plant communities are partially mitigated through the preservation open space within the SPA area, revegetation of cut and fill slopes and revegetation of sewer main disturbances. Impacts to the cactus wren will be mitigated through retention of two-thirds of the population in open space. Specific measures will be taken to mitigate impacts to the cactus wren (i.e., transplanting coast cholla) and the San Diego thornmint population (i.e., a fenced preservation area). c. Archaeology The loss of W-3432 would be mitigated for through the implementation of a compensatory mitigation program. This will involve additional field study and research on sites in the project area. This will include additional sampling of a site within SPA III, W-3430, as appropriate, supplemented by a research project that would focus upon the archaeological resources within a two-mile radius of the project. The results of this research would be submitted to the City of Chula Vista, the San Diego State University Clearinghouse and the Museum of Man. d. Transportation/Access Existing roadway conditions which are inadequate and future traffic increases associated with the project will require modifications to the circulation system in the study area. The applicant has agreed to implement these measures and they will be made conditions on the tentative map. e. Public Services The development of on-site water facilities as outlined in the OWD Master Plan Update would provide adequate infrastructure for water distribution. In order to ensure year-round water supply the applicant will be required to work with OWD to increase water storage facilities. The City has sufficient capacity through its METRO contract to accommodate additional sewage flows generated by the project. In compliance with the Threshold Standard, the City should review the projected sewage flows and volumes for compliance with City Engineering standards. The relocation of the 69 KV transmission line would mitigate for impacts associated with the existing line location. The increased demand on police protection would require the addition of 1.61 personnel to meet the City's Threshold Standards. Project-related impacts to schools would be mitigated through the phased implementation of additional City Planning Commission Agenda Items for Meeting of June 28, 1989 Page 6 facilities in eastern Chula Vista. The Rancho del Rey Mello Roos District (CF #3) will provide tax monies directly to the school districts for implementation of their long-range development plans. E. ALTERNATIVES Generally, the No Project alternative is defined as development in accordance with the City's General Plan for the site. In this case, because the proposed project implements the general plan, development of the site in accordance with the general plan would be the same as the proposed project. For this reason, the No Project alternative has been redefined to mean no development at all on the site. This would involve leaving the project in its current, undeveloped condition. If no development occurs on the site at this time, impacts associated with the project would be avoided. CEQA requires a description of "reasonable alternative to the project, or to the location of the project, which could feasibly attain the basic objectives of the project and the discussion of alternatives shall focus on alternatives cap~l~ of eliminating any significant adverse environmental effects or reducing them to a level of insignificance, even if these alternatives would impede to some degree the attainment of project objectives, or would be more costly." The Master EIR for the E1 Rancho del Rey Specific Plan Amendment (EIR-83-1) analyzed three alternatives to the project: the No Project (existing Specific Plan) Alternative, the Alternative Specific Plan Amendment and the No Development Alternative. The analysis contained in the previous EIR is hereby incorporated by reference. For the purpose of the proposed SPA II Plan only the No Project Alternative is analyzed. WPC 6404P OTHER BUSINESS: 1. General Plan Update - Reconsideration of Land Use Plan Text Sections 6.2 and 6.3 of the Land Use Element (Exceeding Target Residential Densities and Clustering of Residential Development) should be adopted as interim only policies. This would allow the EastLake Greens Project to con- tinue to be processed. The interim adoption however is in no way intended to presume upon a favorable action on EastLake Greens. In addition, Sections 6.2 and 6.3 should be referred back to staff and to a broadly based task force for review, restudy and recommendations for possible modification. This is to be accomplished in a very timely fashion. It is understood that this will be accomplished and considered by Council before any new major project potentially affected by these policies is brought forward for public hearing consideration.